Terms and Conditions of Sale
Terms and Conditions for Ashtead Plant Hire Company Limited trading as rapidclimatecontrol.com.
These terms and conditions apply to the purchase of any Products from Ashtead Plant Hire Company Limited trading as rapidclimatecontrol.com. By placing an order you agree to be bound by all of the terms and conditions set out below. Nothing in the conditions affects your statutory rights. Please read these terms and conditions carefully before placing your order via rapidclimatecontrol.com.
rapidclimatecontrol.com, at its discretion, may change, modify, add or remove these terms and conditions at any time and therefore it is important to read these each time you make a purchase.
Contents of the terms and conditions:
- Application of Conditions
- Basis of Sale
- Price and Payment
- Description of Products
- Warranties and Liabilities
- Delivery and Returns
- Risk and Title
- Insolvency of Buyer
- The Buyer's Right of Cancellation
- Proper Law of Contract
- Limitation of Liability
- Force Majeure
- Data Protection
- Complaints and Disputes
- WEEE Regulations
Standard Conditions of Sale:
1.1 "Address" means Unit B Alpha 3, Fourth Avenue, Trafford Park, Manchester M17 1DB
1.2 "Buyer" means the person, firm, company or other organisation who buys or agrees to buy the Products from the Seller.
1.3 "Conditions" means the terms and conditions of sale set out here.
1.4 "Consumer" shall bear the meaning given in Section 12 Unfair Contract Terms Act 1977.
1.5 "Contract" means these terms and conditions.
1.6 "Delivery Date" means the date specified by the Seller when the Products are to be delivered.
1.7 “Delivery Place" means the delivery address specified by the Buyer in the Order.
1.8 "Order" means the Buyer’s offer to purchase certain Products placed with the Seller.
1.9 "Price" means the price for the Products including delivery, packing and VAT stated within the online checkout process.
1.10 "Products" means those Products specified within the products section at www.rapidclimatecontrol.com.
1.11 "Regulations" means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
1.12 "Seller" means Ashtead Plant Hire Company Limited trading as rapidclimatecontrol.com.
1.13 "Tailored" means a Product that is non-standard.
2. Application of Conditions
2.1 Unless otherwise agreed in writing, these terms and conditions apply to the exclusion of any other terms and conditions.
2.2 Each Order that the Buyer places shall be deemed to be an offer by the Buyer to purchase certain Products from the Seller subject to these terms and conditions.
2.3 Each Order that the Buyer places shall only be accepted once the Seller issues an order confirmation to the Buyer.
2.4 If the Seller does not accept the Buyer's order, the Seller will advise the Buyer in writing as soon as is practicable. This will mean that there will be no binding contract between the Buyer and the Seller. Once the Seller has received, processed and confirmed the order, there is a legal binding Contract between the Buyer and Seller.
2.5 The Buyer must ensure that the personal and/or delivery information provided to the Seller is complete and accurate to enable the Seller to deliver the Ordered Products in accordance with section 7.2.
2.6 If any of the Seller’s terms and conditions are adjudged invalid or unenforceable in whole or part, the validity of the other provisions of these Conditions and the remainder of those provisions in question shall not be affected.
2.7 If the Seller is not able to supply the Ordered Products and payment has already been made by the Buyer. The Buyer's account will be refunded with the sum paid by the Buyer. The refund will be carried out as soon as possible and in any event, within 30 calendar days of the order.
3. Basis of Sale
3.1 The description of Products shall be set out in writing in the Order confirmation from the Seller.
3.2 Any advertising issued by the Seller and any descriptions or illustrations contained within its website or brochures will not form part of the Contract. Such information is by way of guidance or illustration only.
3.3 Photographs provided on the website are for illustrative purposes only and may not exactly match the Products themselves.
4. Price and Payment
4.1 The Price shall be detailed in the Order confirmation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price upon written notice. If notice of any Price increase is given by the Seller, the Buyer shall have the right to cancel the Order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within seven calendar days of the date of the notice of Price increase to the Buyer.
4.2 If the Seller makes an error in the order confirmation, invoice or receipt, the Seller will correct that error within seven calendar days of being notified.
4.3 No payment shall be deemed to have been received until the Seller has received cleared funds. There will be no delivery until cleared funds have been received.
4.4 Payment for the Products and any delivery charges can be made by any method shown on the Seller’s website at the time the Buyer places an order.
4.5 Payments shall be made by the Buyer without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
4.6 The Seller will only hold credit card information at the time of payment process. Refunds will be processed via Sage Pay.
5. Description of Products
5.1 The quantity and description of the Products shall be set out in the Seller's oOrder confirmation.
5.2 The Seller may make changes in the specification of the Products which do not materially affect their quality or performance.
6. Warranties and Liabilities
6.1 The Seller warrants that Products will comply in all material respects with their specification for a period of twelve months from delivery.
6.2 The Seller shall not be liable for any breach in warranty in clause 6.1 unless:
6.2.1 The Buyer provides written notice of the alleged defect within seven calendar days of the time the Buyer discovers or ought to have discovered the defect; and
6.2.2 The Seller is given reasonable opportunity after receiving the Buyer's notice of defect to examine the Products in question and the Buyer (if asked by the Seller to do so) shall return the Products to the Address at the Seller's cost for the examination to take place there.
6.3 The Seller shall not be liable for a breach of the warranty in clause 6.1 if:
6.3.1 Buyer makes further use of such Products after giving notice of the alleged defect to the Seller.
6.3.2 The defect arises as a result of fair wear and tear, willful damage, negligence, misuse, abnormal working conditions or failure to follow the Seller’s oral or written instructions as to the storage and/or use of the Products.
6.3.3 The Buyer alters or repairs the Products without the Seller’s written consent.
6.4 Subject to clause 6.2, if the Seller agrees that the Products do not materially conform to their specification , then within thirty (30) calendar days of the Seller examining the Products, the Seller (at the Seller's option) will either:
6.4.1 Repair or replace such Products (or the defective part) free of charge; or
6.4.2 Refund the Price of such Products (or a proportionate part of the Price) provided that the Buyer delivers up the Products for collection (or, if the Seller so requests and at the Seller's expense the Buyer returns the Products or the part of such Products which is defective to the Seller at the Seller's Address).
6.5 Subject to clause 6.4, Returned Products must be returned to the Seller; unused and in its original packaging within 14 calendar days to receive a full refund ; Tailored Products are not eligible for refund unless defective as per clause 6.2 or do not conform as per clause 6.4.
6.6 The right to cancel an Order starts the day after the Seller receives the Order and does not end until 14 calendar days from the day the Buyer receives the Products. The Buyer is responsible for the safe return of the Products including fees for postage. Cancellations are subject to a 15% restocking fee and cost of transporting the Products. All Products need to be returned in unused and resalable condition. It is not possible to cancel an Order for Tailored Products.
7. Delivery and Returns
7.1 All delivery charges displayed on the website are subject to change depending on delivery location and Product type. Final delivery charges will be confirmed before the dispatch and processing of the Order.
7.2 The Ordered Products will be delivered to the Delivery Place unless otherwise agreed in writing.
7.3 The Seller does not need to satisfy itself that the person accepting delivery at the Delivery Place is the Buyer (or authorised by the Buyer to accept delivery of the Products).
7.4 Dates and times quoted for delivery are approximate only. The Seller shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products.
7.5 Generally, where an Order contains more than one item, all items will be delivered at the same time once all items are available, unless otherwise agreed.
7.6 The Seller reserves the right to charge the Buyer a minimum of £35 to cover the cost of the failed delivery due to the Buyer or Buyer’s representative not being available to accept delivery at the Delivery Date and time that has been agreed between both the Seller and the Buyer.
7.7 Any liability to the Seller for the non-delivery of Products shall be limited to redelivering the Ordered Products within a reasonable time or issuing a respective credit note/refund raised for such Products.
7.8 Time for the delivery shall not be of the essence.
7.9 The Buyer must mail the Seller in advance of any return to obtain a returns number. The Seller will not accept any Products being returned without a valid returns number clearly marked on the outside of the packaging.
7.10 If on receipt of authorised returned Products the Seller finds that packaging or parts are missing, then the Seller is entitled to make a charge for damaged or missing parts which may affect the amount that the Seller refunds the Buyer.
8. Risk and Title
8.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
8.2 Notwithstanding any other provision herein title to the Products shall not pass to the Buyer until the Seller has received cleared funds in accordance with clause 4.
9. Insolvency of Buyer
9.1 The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or
9.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property of assets of the Buyer, or
9.3 The Buyer, not being a Consumer, ceases or threatens to cease, to carry on business, or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notified the Buyer accordingly. Then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer.
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the
10.2 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its address or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
10.3 Failure or delay by the Seller in enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
11.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
11.2 Representations - no statement, description, warranty condition or recommendation contained in any price list, advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
11.3 Additional costs - the Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure to delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
12. The Buyer's Right of Cancellation
12.1 In accordance with the Consumer Contract Regulations the Buyer has the right of cancellation within 14 days, except where a Product is a Tailored Product.
12.2 To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and (where appropriate) their delivery. Notification by telephone is not sufficient.
12.3 Once the Seller has been notified of the cancelling of the Contract, the Supplier will refund or credit the Buyer within 30 days for any sum that has been paid or debited from the Buyer's credit card for the Products.
12.4 If the Buyer does not cancel the Contract in accordance with clauses 13.1 and 13.2, the Buyer shall be deemed to have accepted the Products (except any manufacturing faults) and will not be liable to return the Products to the Seller.
12.5 If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, as prescribed in clauses 13.1 and 13.2, the Buyer must retain possession of the Products until the cancellation notice has been sent to the Seller within the relevant time limit. The Products cannot be used. The Buyer will be responsible for returning the Products to the Supplier at the Buyer's own cost. The Products must be returned to the Address. The Buyer must take reasonable care to ensure that the Products are not damaged in the meantime or in transit and return them in the packaging and condition they were delivered to the Buyer.
12.6 The Seller cannot accept any mistakes made on the Buyer’s behalf due to incorrect buying, if for example a Product is not suitable for the Buyer’s requirement or the Buyer does not like the Product. Hence a restocking charge may apply to the total purchase Price paid plus any additional costs the Seller may have incurred in the delivery and collection of the Products. The Buyer must retain proof of insurance and posting as the Seller will not accept any liability for Products lost or damaged in transit.
13. Proper Law of Contract
The Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.
14. Limitation of Liability
14.1 The Seller's total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the Price paid.
14.2 Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller's negligence or fraudulent misrepresentation.
14.3 The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for the loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
15. Force Majeure
15.1 rapidclimatecontrol.com shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of rapidclimatecontrol.com obligations relating to the Contract, if the delay or failure was due to any cause beyond rapidclimatecontrol.com reasonable control including, without limitation:
15.1.1 Acts of God, fire, explosion, epidemic or flood;
15.1.2 War or national emergency;
15.1.3 Riot, civil commotion, lock-outs, sub-contractors, terrorism, government actions, strikes or other labour disputes (whether or not relating to either party's workforce);
15.1.4 Restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials;
15.1.5 Import or export regulations or embargoes (including the failure of the Company's suppliers to obtain any necessary export permits, licences or other authorisations);
15.1.6 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
15.2 Provided that, if any event referred to in clause 11.1 continues for a period in excess of 30 days, you shall be entitled to give us notice in writing to terminate the Contract.
16. Complaints and Disputes
16.1 If the Buyer has a complaint about the Products or service, the Buyer should contact rapidclimatecontrol.com, the Seller by:
16.1.1 Post sent to the address in the definitions section
16.1.2 E-mail to firstname.lastname@example.org
16.1.3 Telephone on 0370 050 0797
16.2 The Seller will try to respond in writing to the Buyer's complaint within 14 working days of receiving it.
17. WEEE Regulations
17.1 Regulation 31:- Take Back. The Seller offers a free 'Take Back' on old electrical and electronic equipment (EEE). This is done on a like-for-like basis. For example, if the Buyer purchases a new dehumidifier from the Seller, the Buyer can send the old dehumidifier back to the Seller and the Seller will dispose of it. The Buyer has 28 days in which to return the old item to the Seller. If the item was purchased online, the Buyer is responsible for any postage costs incurred for sending the item to the Seller.
17.1.1 Regulation 33 Information.
Recycle old electrical items here! If buying a new electrical item, rapidclimatecontrol.com will recycle your old one for free. Please do not throw electrical equipment (including those items marked with the crossed out wheeled bin symbol) in your bin. This is because:
22.214.171.124 Unwanted electrical equipment is the UK’s fastest growing type of waste.
126.96.36.199 Many electrical items can be repaired or recycled, saving natural resources and the environment.
188.8.131.52 If rapidclimatecontrol.com do not recycle electrical items they will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and also human health.
17.2 The Waste Electrical and Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items. In the UK, distributors including retailers must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. As a responsible retailer, we have met the requirements placed on us by offering all customers buying new electrical equipment free take-back of their old electrical appliances on a like-for-like basis in our stores. Unwanted items should be returned within 28 days of purchasing your new product.
Ashtead Plant Hire Company Ltd, trading as rapidclimatecontrol.com is a company registered in England and Wales, registration no 444569. The Buyer accepts that the above conditions will govern any purchase made from rapidclimatecontrol.com (unless the conditions are modified by rapidclimatecontrol.com in writing).