Terms & Conditions of Sale
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, please do not access this Website.
In these conditions (The Company) means Rivet Holdings Ltd. (The Buyer) means any company firm or individual from whom the company receives an order, which the company has accepted in writing all by supply of goods! The goods' means the products, materials and/or services to be supplied by the company.
APPLICABILITY OF CONDITION
The Company accept orders for the supply of Goods only subject to these conditions. The buyer accepts that these conditions shall govern relations between himself and the Company to the exclusion of any other terms including, without limitation, conditions and warranties (written or oral expressed or implies) even if contained in any of the Buyer's documents which purport to provide that the Buyer's own terms shall prevail.
No variation or qualification of these conditions or of any quotation or order arising therefore shall be valid unless agreed in writing between parties.
Unless the Company not withstanding any offer, quotation, tender price list has specifically agreed fixed prices, all prices are subject to alteration without notice and goods will be invoiced at prices ruling at the date of dispatch.
All prices include delivery unless stated and are quoted exclusive of Value Added Tax (' VAT') and VAT will be added to all invoices at the rate applicable on the tax point rate which date shall be the date of the invoice. (Where before delivery or the date of the invoice which ever is earlier). The Goods become subject to any additional duty, VAT or any other tax or surcharges, in excess of the sum specified for such liabilities in the Companies quotation or invoice, the Buyer shall be charged and will pay such extra duty, tax or surcharges.
The Company shall not be required to supply test certificates unless the same are requested a reasonable time before delivery and the Company may charge a reasonable fee for any certificates supplied.
QUALITY OF TOLERENCE
All orders are subject to a plus or minus 5% (five percent) of the quantity ordered.
The company shall be deemed to have fulfilled its contract if the Goods delivered are within the tolerance and any under/over delivery shall be charged prorata.
Delivery shall be deemed to be affective where the Goods are unloaded at the delivery address nominated by the Buyer, or his agent for delivery, save where the Goods are to be collected by the Buyer, or his agent when the Goods are loaded into the vehicle collecting them.
TIME FOR DELIVERY
Any periods of time quoted or accepted by the Company for the dispatch, delivery or completion of the order are to be treated as estimates only, not involving the Company in any liability to the Buyer in respect if loss suffered as a result of failure to dispatch, deliver or complete when such a period of time.
If the Company does not receive forwarding instructions sufficient to enable dispatch to be made within 14 days after notification that the goods are ready for dispatch the Buyer shall be deemed to have taken delivery and the Company made (without prejudice to any of it's other rights) dispose of the goods ordered at the best price reasonably available or may arrange for shortage of the goods at the premises of the Company or elsewhere as the Company may so determine at the cost of the Buyer.
The Company's storekeeper's receipt or that of any third party warehouse or similar depository shall be deemed valid for all purposes including without limitation claiming payment under any relevant letter of credit as if were the Buyers receipt for a clean bill of lading or other documents as is called to evidence or affect delivery of the Goods.
Notice of any claim relating to shortage of or damage to the Goods shall be made to the Company in writing within 48 hours of receipt of the Goods. In the event or non-delivery of the Goods the Customer shall notify the Company in writing within 3 days of receiving the advice note.
The Company will consider claims only if the above conditions are met and the claim is signed by the Customer and accompanied by full particulars giving the invoice and Company's order number and the copy of the delivery note in respect of the Goods which in the case of shortage or damage to Goods must bear an appropriately qualified signature for example 'materials received damaged, (signed)'.
Allowance for claims for short weight may be considered appropriate by the Company provided always that the Company is given the opportunity to verify the same within 3 days of the claim being made.
The Company's liability hereunder in respect of any shortage loss or damage to the Goods shall be limited to the proportion of the price attributed to the Goods undelivered loss or damage.
(a) If the Company makes variation to the Goods in any way from the agreed specification at the Customer's requested or pursuant to any legal requirements the Company shall pay in addition to all other sums payable under this contract the cost of the variation in so far as the same increase the cost incurred by the Company in performing this contract.
(b) The Contract Price is based on costs current at the date of this contract. If during the period the contract data and the date of actual delivery such costs are increased to the company the customer shall pay such additional sum as incurred by the company in performing this contract.
Accounts are payable by the end of the month following the month in which delivery took place. Where only part of the goods are dispatched payment shall be made of the correct price attributable to that part in the event of any delay or delays in despatch or delivery attributable to the Buyers action or failure to act, the Buyer shall make payment to the company in accordance with the above as if the goods have been delivered at the times which but for such delay or delays should delivery would have taken place.
Unless otherwise agreed in writing, the contract price shall be paid in pound sterling.
If any payment falls into arrears the Company shall have the right to cancel or postpone performance of the contract wholly or impart and to be paid immediately for the performance of the contract to date. No claim by the Buyer under warranty or otherwise shall entitle the Buyer to any deduction, rejection or withholding any part of the sum due for payment hereunder. The Buyer shall not be entitled to any set-off of obligations within or between contracted within the Company.
RISKS AND TITLE
Risk passes to the Buyer on delivery of the Goods.
Whilst risk in goods supplied to the Buyer under the contract shall pass on delivery, legal and beneficial ownership of the Goods shall remain with the Company until such times as the Company has received payment in full for all Goods supplied to the Buyer or until times as the Goods are sold to the Buyer's customer by way of bona fide sale at full market value (which ever shall be earliest) and until such time the Buyer shall keep such Goods separate from its property and clearly identified as the property of the Company.
Notwithstanding terms of payment specified herein or elsewhere payment for all Goods supplied to the Buyer shall become due immediately upon the commencement of any act or proceeding in which the Buyers solvency is involved (whether voluntary or upon application to any court or upon the appointment of receiver over the whole or any part of the Buyer's assets or undertaking and upon such occurrence the power of sale granted to the buyer above shall automatically determine.
If payment for any Goods is overdue whether in whole or part and any Goods have been delivered to the Buyer the Company may without prejudice to any of it's other rights enter upon the Buyer's premises to recover and for resell the Goods of such of then as the Company in its absolute discretion may designate as necessary to recover the amounts of payment overdue and the Company's reasonable costs incurred in giving effect to it's rights hereunder and for these purposes the Buyer hereby irrevocably authorises the Company to enter and take all necessary and reasonable steps upon the premises of the Buyer.
Until the Company is paid in full for all Goods supplied the Buyer is and shall remain a fiduciary for the Company in respect of the Goods and if the Buyer sells or allows to be sold the Goods the proceeds of sale shall be held in a separate clearly identifiable account and the beneficial interest of the Company shall attach to the proceeds of sale and the company shall have the right to trace such proceeds of sale.
If any of the goods are incorporated of used in other products before full payment for all goods supplied under the contract has been made title in such products shall be in remain with the company until full payment has been made all such products have been sold and all of the above provisions of this clause shall extend to such products.
The Company warrants that all goods are within its usual tolerance as to quality and finish and shall replace or at its option refund the purchase price applicable of any Goods which do its sole opinion comply with this warranty. Provided always any claim under this warranty is made within 3 days of delivery of the Goods alleged to be defective.
The buyer assumes responsibility for the capacity or performance of the goods being sufficient and suitable for their intended use.
No warranty, condition or representation is given or made as to the quality of the Goods supplied hereunder their condition or their likeness for any particular purpose and such warranty, conditional representation whether expressed or implied whether by statute, collateral agreement or from otherwise is hereby excluded.
CANCELLATION BY THE BUYER
The Buyer may cancel or suspend the contract only with the Company's prior written consent following agreement by the Buyer to reimburse the Company in an amount to be determined by the Company.
TERMINATION BY THE COMPANY
The Company shall (without prejudice to any of its other rights hereunder) be entitled to terminate any contract forthwith by written notice to the Buyer. If the Buyer shall
(a) become insolvent
(b) fail to pay any amounts falling due (whether under these conditions or otherwise) to the company within 28 days of the date payment is due
(c) suffer the appointment of the receiver
(d) pass a resolution for winding up (other than for the purpose of bona fide amalgamation or bona fide reconstruction)
(e) commit a breach of any terms of the contract or any other contract with the Company.
LIMITATIONS OF LIABILITY
The Company shall not be liable for any expenditure loss (including without limitation economic indirect and consiectational loss) damage or injury other than personal injury arising out of negligence for which we must except liability in accordance with the Unfair Contract Terms Act 1977 where you are a UK Customer for UK supply) arising out of any use or dealings with the Goods however such expenditure loss damage or injury shall arise and whether form any defect in the goods or otherwise.
The Buyer shall indemnify the Company against all and any claims costs actions or demands whatsoever and however arising made by any third party (including the Buyer's and employees) whether direct or indirect including without limitation those relating to the use of the goods and those arising as a result of the operation of the consumer Protection Act 1987.
In the event of the Company being delayed in or prevented from performing its obligations hereunder owing to any cause whatsoever beyond the Company's control including without limitation act of God, war, strikes, lock outs, trade disputes, difficulty in obtaining work persons or materials breakdown of equipment or any other cause, the Company will not be liable for any loss damage or expenses incurred and shall be at liberty to cancel or suspend the contract without incurring any liability arising therefore, and the Customer shall not be entitled to terminate the contract.
LAW AND INTERPRETATION
This contract represents the entire agreement between the parties and supersedes all earlier warranties representation or statements (whether oral or in writing) and may only be varied or amending in writing between the parties.
The heading of each provision are intended to be for convenience only and do not affect interpretation thereof.
The contact shall be deemed to be a contract in England and shall be constructed according to the law of England. Any dispute shall be referred to and English court which shall have soul due restriction.
RETURNS POLICY/FAULTY GOODS
Where product is received in a broken or defective condition, please contact us by email or by phone.
Please note that we will not accept return of any product unless such return has been authorised in advance. Goods must be returned in the original packaging to the following address :-
Rivet Holdings Limited.Unit 3 Keys Business Village, Keys Park Road, Hednesford. Staffordshire. WS12 2HA.
Rivet Holdings is not liable for any return costs and goods could be subject to a handling charge at our discretion.