Terms and conditions
In these terms and conditions (Terms), the following words and phrases shall have the following meanings:
“Buyer” means the company or organisation which purchases the Goods from the Seller;
“Seller” means Range3D Ltd, a company registered in England and Wales with company no. 5866477 and whose registered office is Brookdale, 41 Clarence Road, Chesterfield S40 1LH, United Kingdom;
“Contract” means the contract between the Seller and the Buyer which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by the Seller to the Buyer;
“Place of Delivery” means the ground floor entrance to the address specified by the Buyer to which the Goods are to be delivered.
Reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
Any reference to “writing” includes communications by post, facsimile and e-mail but excludes text messages.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
The price for the Goods shall be the price specified by the Seller.
The price for the Goods shall be exclusive of all costs of carriage and applicable taxes and duties which the Buyer shall pay in addition. The Buyer shall pay such deposit as the Seller shall direct.
The balance of payment for the Goods, taking into account any deposit previously paid, shall be due when the Goods are ready for dispatch from the Seller’s premises. The Goods will not be dispatched until the receipt by the Seller of cleared funds.
Payments for Goods shall only be accepted in pound sterling. Unless otherwise agreed in writing any payment received from the Buyer in any other currency will not be deemed to be payment for the Goods in question.
The Goods shall be delivered when they are delivered to the Place of Delivery.
Any dates quoted by the Seller for delivery of the Goods are intended to be an estimate only.
Subject to the other provisions of these Terms, the Seller shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
The Buyer will be responsible for ensuring access for the delivery vehicle and the Goods at the Place of Delivery.
If, on delivery, the packaging containing the Goods is found by the Buyer to be damaged, the Buyer should not accept the Goods from the carrier.
Except in the case of damage to the packaging, if the Buyer fails to take delivery of the Goods at time of delivery, the Seller may charge the Buyer for the costs of storing and then re-delivering the Goods.
6. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery.
Ownership in the Goods shall not pass to the Buyer until the Seller has received in full in cleared funds all sums due to the Seller in respect of the Goods and all other sums which are or may become due to the Seller from the Buyer on any account.
7. Cancellations and the Return of Goods
The Buyer may cancel the Contract at any time, between placing the order and dispatch of the Goods, by notifying the Seller in writing. The refund of any deposit paid by the Buyer, either in part or in full, is at the Seller’s discretion.
If the Seller cancels the Contract at any time, all sums received by the Seller from the Buyer will be refunded.
The Buyer must notify the Seller of any damage in transit to the Goods, which is apparent on inspection of the Goods after delivery, within 7 working days of delivery of the Goods. The Goods shall be returned to the Seller at the Seller’s expense and the Seller will arrange to replace the Goods at no additional cost to the Buyer.
The Seller warrants that the Goods are of satisfactory quality.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Seller as soon as is reasonably possible after the discovery of the defect and give the Seller a reasonable opportunity to inspect the Goods in question.
The Seller shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Seller.
The Sellers’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
9. Limitation of Liability
The Seller’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the Price of the Goods and the Seller shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
10. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.