(a) In these conditions “Rizistal” means John L Lord & Son (Rizistal) Ltd and “the Customer” means the person or company to whom Rizistal has agreed to supply goods under this contract.
(b) In these conditions “Goods” shall mean the products ordered by and supplied to the customer.
(c) These conditions contain the entire terms of this contract between Rizistal and the customer.
(d) Any stipulation or conditions in a Customer’s order or enquiry form which would conflict with any of our terms and conditions or in any way qualify or negate the same, shall be deemed to be inapplicable to any order placed with us unless expressly agreed to by us in writing and signed by a director of Rizistal
Goods are sold by Rizistal to the Customer at the price specified on Rizistal’s website, or by specific written quotation.
No servant or agent of Rizistal has power unless agreed to by a director of Rizistal in writing:
(a) to vary these conditions orally or in writing.
(b) to make any representations or warranties regarding the conditions of goods, their fitness for purpose or any other matter whatsoever.
(a) Rizistal warrants that on delivery the Goods shall conform in all material respects with their description, be free from material defects in design, material and manufacture, be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and be fit for any purpose held out by Rizistal.
(b) Rizistal shall not be liable for the Goods’ failure to comply with the warranty in clause (a) if:
(i) the Customer makes any further use of such goods after giving a notice to Rizistal of any defect;
(ii) the defect arises because the Customer failed to follow the Rizistal’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(iii) the Customer alters or repairs such Goods without the written consent of Rizistal; or
(iv) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
(a) Any time or date named by Rizistal for delivery is given and intended as an estimate only and Rizistal shall not be liable to make good any damage or loss whether arising directly or indirectly out of the delay in delivery.
(b) Where a period is named for delivery and such period is not extended by mutual consent in writing or under the provisions of clause (c) hereof, the Customer shall take delivery within that period.
(c) Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of either Rizistal or the Customer during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of Rizistal or the Customer respectively.
(d) In the event of an outbreak of hostilities (whether war is declared or not) in which the United Kingdom is involved, or in the event of National Emergency, or if Rizistal works should become either directly or indirectly so engaged on Government orders or orders under priority directions as to prevent or delay work on other orders, Rizistal shall be entitled at any time, on notice to the Customer, to make partial deliveries only or to determine the contract, without prejudice in any case to rights accrued in respect of deliveries already made.
(e) If the events referred to in clauses (c) and (d) prevents Rizistal from providing any of the Goods for more than 30 days, Rizistal shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer either party may terminate this contract upon serving 7 days prior written notice to the other of its intention to do so.
6. Cancellation of Order
Once an official order has been placed, a contract is deemed to have been entered into between Rizistal and the Customer. Cancellation of the contract will be at the discretion of Rizistal. A cancellation will not be accepted in any circumstances where a product has been specially made to fill the order.
7. Return of Goods
Rizistal operates a strict no returns policy for all Goods.
8. Defective Goods
Goods represented by the Customer to be defective shall not form the subject of any claim for work done by the Customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such Goods, if returned to Rizistal and accepted by them as defective, will at the request of the Customer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
(a) Payment for Goods supplied shall be made by way of credit/debit card only when the order is placed.
(b) Orders will not be processed until payment has been received.
(c) Credit accounts may be accepted upon request and subject to acceptable credit reference reports.
10. Risk & Title
Risk and title in the products supplied shall pass to the Customer when delivered by the Rizistal carrier or where applicable, when the Customer or its nominated carrier collect the Goods from Rizistal’s premises.
(a) Jurisdiction Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).
(b) Governing Law This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
(c) Severance If any provision or part-provision of the contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the contract.
(d) Third Party A person who is not a party to the contract shall not have any rights to enforce its terms
(i) Rizistal may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the contract and may subcontract or delegate in any manner any or all of its obligations under the contract to any third party.
(ii) The Customer shall not, without the prior written consent of Rizistal, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the contract.
(f) Waiver A waiver of any right under the contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
(g) No Partnership or Agency Nothing in the contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
(A) Any notice or other communication given to a party under or in connection with this contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax.
(B) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11(h)(A); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.