Terms & Conditions of Sale
These terms and conditions apply to business consumers and are for the sale of our products stated in this agreement.
Your Information and Privacy
It is a condition of use that all the information you give us is accurate and true and current. You acknowledge and agree that any information you give us is regulated by our Privacy Policy. Our legal basis for processing your personal information is to be able to perform this agreement. You also agree to all actions we take concerning your information according to that Privacy Policy. Please read our Privacy Policy for more information on your personal data.
Background
We sell Products and Goods to business customers. The buyer requests a quote and then orders the goods and pays in advance according to our payment terms and procedures. The goods are then delivered.
It is agreed as follows:
1) Definitions
- “Rolling Stock Event Hire and Sales ” means the company that displays Products and owns the website www.rollingstock.uk
- “Customer” or “Client” means a Visitor to our Site or someone who intends or has paid for our products on display on our Site or anywhere else who is a business customer.
- “Price” means the sale price of the Goods or Items given in the quote.
- ”Parties” mean Rolling Stock Event Hire and the customer jointly
- “Product” or “Products” or “Goods” or ”Item” mean the products we display on our website or anywhere else which we sell to business customers
- “Site” means our website owned and operated by Rolling Stock Event Hire and sales at www.rollingstock.uk
- “User”, “You”, and “Your” (or in lower case) means Customer or Client who buys our Products and is a party to this agreement.
- “We”, “Us”, and “Our” (or in lower case) means Loco49 Ltd t/a Rolling Stock Event Hire and Sales and is a party to this agreement.
2) This Agreement
- Any quotation we give you will be valid for 14 days and is an invitation to treat and not an offer.
- You Order is an offer to buy the Goods following these Conditions. A contract for the Sale of Goods by us to you is made when we accept your Order by sending you an Order Acknowledgement.
- For the avoidance of doubt, we are under no obligation to accept your Order.
3) Goods
- The specification and description of your goods will be included in your quotation.
- We may vary the design or finish of the goods and/or substitute any materials or parts which are used in the item which are unavailable for any reason with alternative materials or parts
- We will only do this if it does not materially affect the quality or performance of the Goods or if this is necessary to comply with any health and safety or other legal requirements.
- We will do our best to notify you in writing within 7 days of any changes
- All samples, drawings, descriptive and illustrative matter and advertising issued or published by us or the manufacturer of the Goods) whether in catalogues, brochures, websites, other promotional material or otherwise are for the sole purpose of giving an approximate idea of the Goods.
- This Agreement is not a sale by sample.
4) Payment and Charges
- You agree to pay all costs and charges related to the goods you have ordered and to use the appropriate payment facilities and secure processes operated by our payment facility providers and you agree to read and comply with their terms and conditions relating to payments.
- All prices and delivery details are given in an individual quotation which you can request from us. Any trade terms you requested will be contained in the quotation.
- If we accept your order based on the quotation we have sent you it will become binding and part of this agreement.
- You agree to pay 25% of the quotation Price when you place the order. The remaining balance must be paid seven days before the agreed delivery date unless another arrangement has been made in writing.
- You can pay for the Goods using a credit or debit card or bank transfer.
- You agree and acknowledge that placing an order means you are obliged to pay for the items you have ordered in full.
- We may charge for delivery or mileage depending on the location. This should be discussed before the agreement is made and included in the quotation.
- All prices are exclusive of VAT unless stated.
5) Ordering Process and Requirements
- You agree to follow the ordering processes and procedures for buying our Products.
- All orders for our Goods or items must be paid for in advance unless otherwise agreed in writing.
- After you have enquired about buying our Products, we will send you a quotation with Price and our terms and conditions which is not binding at this point. If you agree with the quotation you may place an order which we may accept. Once we have accepted your order there is a binding agreement between us.
- This agreement is attached to the quotation for you to read and agree to electronically.
6) Deposits
- Your Quotation will give all the details and conditions for any deposits you may need to pay.
7) Invoices
- You agree to receive sales invoices electronically if applicable.
- All invoices must be paid by the due date.
- If you have a trade credit account with us you must pay all invoices by the due date stated on the invoice.
- It is important for the smooth running of all businesses to receive payment on time which is why we may, in the case of late payers, use our right to suspend the Service and or charge 5% interest above the Bank of England base rate or may add compensation under the Late Payment of Commercial Debts (Interest) Act (1996).
8) Delivery
- You agree to make sure that there is suitable access for delivery with unrestricted entry
- The sale price does not include delivery. These costs will be shown in your quotation.
- Your order cannot be delivered until payment is received in full unless a trade account or terms have been agreed in writing.
- We will try to carry out deliveries at the times you requested but cannot be held responsible for adverse traffic conditions.
9) Risk and retention of title
- Risk of damage or loss will pass to you when you accept physical delivery of the Goods or Items.
- Legal and beneficial ownership or title in the Goods will not pass to you until we have received payment in full.
- In some cases, for example, we have a trade terms agreement, you agree that if you have not paid for the goods in full after the due date we have agreed in writing, we will keep title and have the right to access your premises or the premises where the Goods or Items are stored or kept and repossess our property.
- You agree that you cannot sell the Goods or Items bought from us until you have paid for it or them in full and hold full title.
10) Description of Services
- We try to describe and display Our Products and Goods as accurately as possible on our website or in other forms of marketing or social media. While we want to be as clear as possible, you should not accept that the Site or other marketing materials are entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.
11) Intellectual Property Rights
- Our Site, equipment, promotional and marketing material, business stationery and digital materials contain intellectual property owned by us including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately cancel your order without refund if you are caught violating this intellectual property policy.
12) Termination
- This agreement is terminated by the full performance and Completion of the Sale which includes payment in full.
- This agreement can be terminated at any time for any reason by mutual agreement in writing.
13) Limitation of Liability
Nothing in the Agreement will:
- limit or exclude the liability of a party for death or personal injury resulting from negligence;
- limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
- limit any liability of a party in any way that is not permitted under applicable law; or
- exclude any liability of a party that may not be excluded under applicable law.
- You agree that in no way will we be liable for direct, indirect, incidental, consequential or any other remedies as a result of buying our Goods or by any other third parties. Additionally, Rolling Stock Event Hire and Sales is not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of your information or personal data (subject to GDPR or the Data Protection Act 2018 if applicable), whether we were negligent or not. This applies even if Rolling Stock Event Hire has been advised of the possibility of something or could have foreseen loss or damage.
- We are not liable for consequential loss, late or non-delivery.
- Any defective Goods or items must be returned to us at your expense for inspection before we have any liability for defects.
- We will not be liable in respect of your loss of profits, income, revenue or anticipated savings or earnings, loss of goodwill or loss of reputation or any type of economic loss due to buying and using our Goods.
- We will not be liable for your loss of business, contracts, or commercial opportunities.
- We will not be liable in respect of any loss or corruption of any data, database, or software.
- Subject to GDPR or the Data Protection Act 2018, if applicable, we will not be liable for any data breach or data protection losses that were contributed to or caused by you.
- Neither party will be liable for breach-of-contractual damages suffered by the other party that are remote or speculative, or that could not have reasonably been foreseen before entering into this agreement.
14) Right to take action
- If we do not take action because you have broken a clause in these Terms and Conditions it does not mean that we will not be able to use our rights in any other situation where you breach these Terms and Conditions or other legal responsibilities or duties you have to us.
15) Indemnification
- You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions. You will provide us with any help that We might ask for in connection with any such defence without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defence without our prior written permission.
16) Indemnification
- These Terms and Conditions of Sale including our Privacy Policy, your quotation and any attachments are the whole agreement between Rolling Stock Event Hire and Sales and you which cancels all other verbal or written understandings concerning this agreement that were made outside this agreement.
17) Notices
All notices, requests, demands, and other communications under this Agreement must be in writing and sent by email to:
Email: info@rolling-stock.clickmarketing.dev
Or posted to:
Address:
Rolling Stock Event Hire,
Hamsell
The Forstal
Eridge
East Sussex
TN3 9JY
18) Reliance on these Terms
- We intend to rely on these written Terms and any document expressly referred to in them about the subject matter of any agreement between the Parties. We and you will be legally bound by these Terms.
19) Events or circumstances beyond our reasonable control (Force Majeure)
- Where what is known as a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event. Examples of such events and circumstances, but not limited to, include fire, flood and natural occurrences, strikes, trade disputes, lockouts, restrictions of imports or exports, riots, accidents, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war
- A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Agreement;
- must notify the other; and
- will inform the other of the period for which it is estimated that such failure or delay will continue.
- The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.
20) Severability
- If an appropriate court decides that a clause or condition in this contract is invalid or it conflicts with a law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.
21) Assignment
- This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by you unless we have given you written permission.
22) Governing law and Jurisdiction
- You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to the law of England and Wales in English. You also agree that English courts have exclusive jurisdiction except for negotiation adjudication and mediation resolution if used by mutual agreement by the parties