|Terms & Conditions of Sale.|
1.1: "Buyer" means the person who buys or offers to buy the Goods from the Seller.
1.2: "Seller" means radical Group Limited of 1330 Avenue G de la Lauziere ZI les Milles 13856 Aix en Provence France including its Subsidiary and Associated companies;
1.3: "Terms and Conditions" means the terms and conditions of sale set out in this document to the exclusion of all other terms and conditions whether made orally or in writing;
1.4: "Delivery Date" means the date specified by the Seller when the goods are to be delivered;
1.5: "Goods" means the articles or services which the Buyer offers to buy from the Seller;
1.6: "Price" means the price for the goods excluding carriage, packaging, insurance, VAT and any customs charges;
1.7: "INCOTERMS" means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force as the date when the contract is made;
1.8: "Personal Protective Equipment" means the pictograms which appear in the Sellerís catalogue and on the Sellerís web site;
1.9: "Writing" and any similar expression includes but is not limited to facsimile transmission and electronic mail;
1.10: "Controlled Products" includes but is not limited to products subject to the requirements of the Control of Pesticides Regulations 1986 and 1987 as amended and the Poisons Act 1972.
2.1 All quotations given and orders accepted by the Seller are subject to these Terms and Conditions. No terms of sale, conditions, representations or warranties whether express or implied are binding upon the Seller or its Subsidiary or Associated Companies unless expressly contained herein or authorised in Writing by the Seller.
2.2 Conditions specified in a Buyerís order, specification, forms, or letters shall not amend these standard Terms and Conditions unless expressly assented thereto in writing by the Seller.
2.3 These Terms and Conditions do not affect the Buyerís statutory rights as a consumer.
3.1 The Goods advertised on the Sellerís web site is not an offer of sale but an invitation to treat.
3.2 Upon the Buyer placing an order for Goods on the Sellerís web site and the Seller accepting such an order by e-mail and dispatching the Goods a contract is entered into between the parties.
3.3 Prior to acceptance of the Buyerís order, the Seller shall, at its discretion, request evidence in writing of the Buyerís qualifications to handle and use Controlled Products.
3.4 All quotations or estimates given by the Seller are subject to the approval of the Buyerís references if required by the Seller.
3.5 The Seller may cancel an order at any time before the Goods are delivered by giving notice in writing to the Buyer. On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the price of the Goods.
3.6 The Seller may cancel an order or contract, in whole or in part, upon any breach, non-observance or non-performance by the Buyer of any condition contained herein (stipulation as to time of payment being regarded as of the essence of the contract), or upon the Buyer committing an act of bankruptcy or entering into a scheme of arrangement with their creditors or being a company, entering into liquidation (whether voluntary or compulsory) and the Buyer shall be liable to the Seller for any loss or damage caused to the Seller by such cancellation. No contract may be cancelled without the Sellerís consent in writing.
4 Price and Payment
4.1 The Price shall be that on the Sellerís current list price, web site, or if applicable the Price contained in the Sellerís quotation.
4.2 The Price of the Goods may be increased at any time by the Seller upon giving notice in writing to the Buyer provided that such notice is received before delivery.
4.3 If the Buyer considers any such increase unreasonable, he may (within 7 days of receipt of the Sellerís notice of the increase in the Price) cancel his order by giving notice in writing to the Seller provided that delivery of the Goods has not taken place and the Buyer has not accepted the Goods.
4.4 The total purchase Price plus VAT and UK carriage charges will be displayed in the Buyerís shopping cart on the Sellerís web site prior to the Buyer confirming the order.
4.5 Carriage charges for overseas delivery of Goods purchased via the Sellerís web site at www.radicalle.com may differ from those charges displayed in the Buyerís shopping cart on the Sellerís web site and the higher will apply. VAT or its equivalent will be charged at the applicable rate.
4.6 Payment for Goods is due from the Buyer and shall be made by the Buyer at the time of the Buyer placing their order on the Sellerís web site unless the Buyer is purchasing on account.
4.7 In the event that the Buyer is purchasing the Goods from the Seller on account these terms and conditions apply in conjunction with the Sellerís terms and conditions of payment detailed in the Sellerís current catalogue as may be varied from time to time.
4.8 In the event that payment for Goods is not made by the Buyer at the time of placing their order on the Sellerís web site (and the Buyer is not purchasing on account in accordance with these terms and conditions), the Seller shall not be obliged to process the Buyerís order and/or deliver the Goods until payment has been made.
4.9 Time of payment shall be the essence of the contract and any failure to pay shall entitle the Seller at its option to treat the contract as repudiated or to delay delivery until payment is made in full.
4.10 The Seller shall be entitled to suspend further deliveries under this and/or any other contract which the Seller may have with the Buyer if full payment is not made by the Buyer, and if such payment or any part thereof (including interest) shall remain in arrears for 7 days after a written demand from the Seller, the Seller has the right to cancel this and/or any such Contract, and in either case without prejudice to any other right the Seller may have.
4.11 If the Buyerís account becomes overdue all sums payable to the Seller under any other contract subsisting between the Seller and the Buyer shall become immediately due and payable notwithstanding the terms for payment stipulated in such other Contract.
4.12 The Seller shall have the right, after notice in Writing, to suspend deliveries under this and/or any other contract with the Buyer without giving rise to any claim whatsoever by the Buyer (even though the Buyer is not in arrears with any payment) where the Seller considers the amount owing from the Buyer (whether actually due for payment or not) is the limit to which the Seller is prepared to allow credit.
4.13 The Seller shall have the right, after giving notice in Writing, to suspend deliveries under this and/or any other contract with the Buyer without giving rise to any claim whatsoever by the Buyer even though the Buyer is not in arrears with any payment.
4.14 If the Buyerís account is overdue for payment, the Seller shall be entitled (without prejudice to itís rights to recover any amount due from the Buyer or to any other right) to charge the Buyer interest at the rate of 4% over Credit mutuel Base Rate from time to time on any amount due.
5 Suitability Clause
5.1 All goods supplied are manufactured to the Sellerís usual standard of quality but all conditions and warranties, statutory or otherwise, as to the quality or fitness for purpose of the Goods are excluded and no liability (save as to the liability to replace defective Goods as hereinafter provided) will be accepted by the Seller for any damage, loss or injury whatsoever arising out of or in connection with the Goods or drums or other containers thereof or from the storage, handling, application or use thereof.
5.2 In the case of alleged defects in manufacture of the Goods proved by the Buyer to the satisfaction of the Seller, the Seller will at its cost replace or otherwise remedy
the defective goods. In particular liability in tort arising in or out of the manufacture distribution, sale or use of the product is hereby expressly excluded.
6 Reservation of Title
6.1 Property in the Goods supplied by the Seller shall remain with the Seller until all monies owed to the Seller by the Buyer have been paid in full.
6.2 Until such time the Buyer must bear all risks and insure the goods against loss or damage and store the Goods in such a way as to enable them to be clearly identified as the Sellerís property.
7 Carriage and Delivery
7.1 Deliveries shall be deemed to be effected and the risk in the Goods shall pass to the Buyer as follows:-
7.1.1 In all cases where the Goods are to be delivered to an address whether or not in the FRANCE or F.O.B FRANCE Port:-
188.8.131.52 Where delivery is made in drums or other containers, when the drums or other containers have been removed at such address from the vehicle transporting them or, as the case may be have been delivered over shipís rail at the port of shipment;
184.108.40.206 Where delivery is made by road or rail, tanker or from storage tanks, when the Goods have passed from the road or rail tankerís flexible hose, or from the storage tanks filling line.
7.1.2 In all cases where the goods are to be collected by the Buyer or anyone acting on its behalf:-
220.127.116.11 Where delivery is made from storage tanks when the goods have passed from the filling line;
18.104.22.168 Where delivery is made in drums or other containers when the drums or other containers have been placed on the vehicle collecting them.
7.2 In all cases where goods are to be delivered C.I.F or C & F port of destination, Delivery of the Goods shall be deemed to be effected and the risk shall pass to the Buyer when the Goods have been delivered over shipís rail at port of shipment.
8 Damage or Loss
8.1 All claims for damage to or partial loss of Goods in transit must be submitted in writing to the carrier and Seller or Sellerís agents within three days of Delivery of the Goods in the case of the FRANCE deliveries and within seven days of Delivery of the Goods in the case of deliveries outside the FRANCE.
8.2 All claims for non-delivery of the whole of any consignment or any separate package forming part of a consignment must be submitted in writing to the carrier and the Seller or the Sellerís agents within the following periods after receipt by the Buyers or the Buyersí agents of the Sellersí invoice or advice notes, whichever is the earlier:-
8.2.1 For deliveries destined for the FRANCE, within two days;
8.2.2 For deliveries destined for outside the FRANCE, within three days or such longer period as may be agreed in writing by the parties.
8.3 In the absence of notification of claims within the times mentioned above, the Goods shall be deemed to have been delivered in accordance with contracts.
8.4 The Personal Protective Equipment (ďPPEĒ) illustrations are for illustration purposes only and the use of the PPE illustrations should not be relied upon by the Buyer. For example, mixing of concentrates may require additional or alternative PPE to that which is illustrated.
8.5 For full requirements on PPE for use with the Goods, the Buyer should refer to the product label and safety data sheet and take into account the circumstances of use. The Sellerís illustrations should in no way replace any part of a customerís COSHH assessment and the Seller will not be responsible for any loss or damage arising from the customerís reliance upon, and sole use of, the PPE illustrated in the Sellerís catalogue and on the Sellerís web site
9 Unforeseen Circumstances and Force Majeure
Neither party shall be liable for any default due to any act of God, war, strike, lock- out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.
9.2 In the event of war, regulations of any Government, strikes, combinations of workmen, lockouts, fire, flood, breakdown of machinery, works closure, accidents, force majeure or any other cause resulting directly or indirectly in partial or complete stoppage of work or works or interfering with the means of production or transit of either raw or finished materials then Delivery of the Goods sold or execution or work contracted to be performed or in the course of performance may be wholly or partially suspended by the Seller who shall be entitled to be paid forthwith by the Buyer for all work done and materials supplied up to the time of suspension or abandonment of the work.
10 Delivery Dates
10.1 Dates and/or times quoted by the Seller are estimates only and time shall not be of the essence of a Contract in this respect. Delay in Delivery of the Goods shall not render the Seller liable for any claim for damages either direct or indirect from whatsoever cause arising nor shall it entitle the Buyer to cancel an order or Contract.
11 Intellectual Property
11.1 The Seller warrants that the manufacture of the Goods covered herein do not infringe any intellectual property rights of the country of manufacture. The Seller does not warrant that the importation or use of the Goods in any other country is free of any infringement of any intellectual property rights of the importing country.
12.1 The Seller and/or their respective suppliers make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information contained in the documents and related graphics published on the Sellerís web site or in the Sellerís catalogue or any of the products of whatever nature details of which appear on the Sellerís web site or in the Sellerís catalogue.
12.2 All such documents and related graphics are provided, and any such products (where ordered) are accepted by the Buyer ďas isĒ and without warranty of any kind.
12.3 The information contained on the Sellerís web site or in the Sellerís catalogue may contain technical inaccuracies or typographical errors. All liability of the Seller howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
12.4 The Seller operates some processes which are manual and therefore errors can arise. The Seller carries out frequent checks to detect any errors. However, if they do occur the Seller will act within a reasonable time to minimise inconvenience and disappointment that may be caused to the Buyer.
12.5 Despite the Sellerís best efforts, the security of information and Buyer payments transmitted via the Sellerís web site cannot be guaranteed. Any losses incurred or sustained by any Buyer who transmits information by means of email or other internet links shall be borne solely and exclusively by the Buyer and in no event shall any such losses in whole or part be the responsibility of the Seller.
12.6 Brand names, product names and titles used on the Sellerís web site or in the Sellerís catalogue may be trademarks or trade names of their respective holders. No permission is given in respect of use of any of the above by the Buyer, and such use may constitute an infringement of the holderís rights, except where specifically permitted.
13.1 Orders placed via the Sellerís web site at www.radicalle.com for delivery overseas will be dealt with in a consistent way to orders received via other media or communication and the Buyer will be informed by telephone, fax or e-mail of any freight and other export charges applicable from time to time that may be incurred by them.
13.2 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for payment of any duties on them.
13.3 When ordering Goods from the Seller for delivery overseas the Buyer may be subject to import duties and taxes, which are levied once the product has reached its destination. The Buyer shall be responsible for any such charges. The Buyer should contact their own local customs office for details about charges which may vary from country to country. The Seller has no control over these charges and cannot predict what they may be.
14 Information Security
14.1 The Seller maintains physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable Buyer information. The Sellerís security procedures mean that they may occasionally request proof of identity before personal information is disclosed.
15 Collection and Use of Personal Information About Customers
15.1 The information the Seller received assists in the order processing, Delivery, payment processing and the general maintenance of the Buyerís account. The Seller may also use this information to communicate promotional offers, products and services to the Buyer.
15.2 The Seller does not share Buyer information with any third party.
16.1 This contract is not assignable without the written consent of the Seller.
17 Proper Law of Contract
17.1 These Terms and Conditions and any Contract between the Buyer and the Seller shall be governed by and be construed in accordance with the Laws of France and the Buyer and the Seller agree to submit to the exclusive jurisdiction of the french Courts
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