1.1 These terms and conditions (“Terms”) shall apply to all orders made by you for the purchase of goods from us (“Contract”). Please read them carefully. They apply to our trade/business customers only and if you are a consumer making a purchase from us, please refer instead to our terms and conditions applicable to consumers which can be found here.
1.2 No other terms are implied by trade, custom, practice or course of dealing.
1.3 The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Rutland London Limited a company registered in England and Wales (“we”, “us” or “our”). Our company registration number is 09926280 and our registered office is at 25 St Thomas Street, Winchester, Hampshire, United Kingdom, SO23 9HJ. All correspondence should be sent to our registered office. Our registered VAT number is GB 203802647.
2.2 You can contact us by telephoning our customer service team at +44 (0) 20 7993 6736 or by writing to us at firstname.lastname@example.org.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we accept it in writing, at which point the Contract will come into existence between you and us.
3.2 If we are unable to supply you with the Goods for any reason, we will inform you of this in writing and we will not process your order.
4.1 Quotations are submitted without engagement and are subject to confirmation by us before the Contract is made. Drawings, dimensions and weights and any other informative details submitted are approximate only. Quotations are only valid for the time specified on the quotation and if no time period is specified, then 30 days from the date of quotation, unless extended at our discretion.
5. OUR GOODS
5.1 The images of the Goods and of any product packaging on our website or any other literature are for illustrative purposes only. Although we have made every effort to display the colours and/or finishes accurately, we cannot guarantee that our images will accurately reflect the colour and/or finishes of the Goods. The colour and/or finishes of your Goods may vary slightly from those images.
5.2 Although we have made every effort to be as accurate as possible, all measurements indicated are subject to a tolerance of 4mm for standard products. Where products are bespoke or made to special order the tolerance will be confirmed at the point of order.
5.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5.4 Please check all Goods, dimensions, outputs, finishes including colour and accessories before placing your order as changes will not be made once Goods are in production.
5.5 If we are making the Goods to measurements you have given us you are responsible for ensuring that these measurements are correct.
5.6 Product care, installation and product specific documents can be provided on request.
5.7 We may need certain information from you so that we can supply the Goods to you, in particular for any bespoke designs. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract in accordance with clause 12.1.3 and/or make an additional administrative charge of a reasonable sum to compensate us for any extra work that is required as a result or in respect of any storage charges incurred. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6. DELIVERY, TRANSFER OF RISK AND TITLE
6.1 We will contact you with an estimated delivery date. All delivery times quoted by us are approximate only and time is not of the essence of the Contract. We advise that you check with us should you require a specific delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 (“Events outside our control”) for our responsibilities when this happens.
6.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by your third party carrier organised by you to collect them from us and the Goods will be at your risk from that time.
6.3 The costs of delivery will be as set out on the pro forma invoice or our order confirmation (as applicable) or as displayed to you on our website here.
6.4 Our products are manufactured to ship. If you fail to take delivery of the products within a reasonable time when notified that they are ready, we reserve the right to store the products at your cost. If you fail to take delivery within 14 days after the day on which we notified you that the Goods were ready for delivery, we reserve the right to store the Goods at your cost or we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
6.5 In the event of a failed delivery to you, we will contact you for further instructions and have the right to charge you for storage costs and any further delivery costs.
6.6 A product will be your responsibility from the time we deliver the product to the address you gave us. Therefore any loss or damage to a product once delivered and signed for shall not be our responsibility.
6.7 You own the Goods once we have received payment in full, including of all applicable delivery charges.
6.8 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7. INTERNATIONAL DELIVERY
7.1 For international deliveries, please contact us for a bespoke shipping costs quotation.
7.2 If you order Goods for delivery internationally, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
8. PRICE OF GOODS AND PAYMENT
8.1 In order to help prevent fraud, we may ask you to send us £1.00 initially (and for us to confirm safe receipt) prior to you paying the full balance for the Goods.
8.2 Subject to clause 8.3, the price of the Goods will be the price indicated on the order pages when you placed your order or set out in our order confirmation (as applicable). The price will be based upon the value of the Pound Sterling on the date we send you our order confirmation and fluctuations in the exchange rate, devaluation and similar changes are at your risk.
8.3 We reserve the right to alter any prices or specifications at any time without notice and all Goods are sold subject to the prices and conditions applicable at the time of delivery. Only where the Contract price has increased by more than 20% shall you have the right to refuse acceptance of any Goods in the purchase, unless the increase in cost is due to a devaluation of currency and/or inflation or if the cost of labour and/or raw materials have increased or if the necessity for an increase has arisen from an error in the original pricing.
8.4 We accept payment in Pounds Sterling by BACS payment for direct orders and by credit/debit card payment for online orders. We may permit you to pay a deposit (subject to our agreement) and to be no less than 75% for orders exceeding £10,000 (ex VAT) for an order to enter production. If this is agreed, you must pay for the Goods in full when we advise they are ready for dispatch and prior to shipping. Orders with a value under £10,000 (ex VAT) and all bespoke orders (regardless of order value) must be paid for in full without exception.
8.5 The price of Goods shown online are inclusive of VAT and the price of Goods sold directly are stated exclusive of VAT. VAT shall be charged at the applicable current rate in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
9. RETURNS AND REFUNDS
9.1 Any Goods delivered faulty will be repaired free of charge where the responsibility of the fault lies with us. The delivery period for the replacement product will be subject to current availability. We will not be held responsible for any reinstallation and/or removal charges.
9.2 Subject to warranty repair and replacement under clause 10, you may return only standard towel rails at our discretion. Please contact our customer service team at +44 (0) 20 7993 6736 or write to us at email@example.com if you wish to discuss a return. All accepted returns will be returnable at a restocking charge of 50% of the product price. If returns are accepted you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send them back, return them to us at our factory or hand them to our authorised carrier.
9.3 No other cancellations or returns will be accepted unless we agree otherwise in writing and in particular, there will be no cancellation right in respect of bespoke (special order rails or Goods ordered), including dual fuel and electric models or of any other Goods featuring bespoke designs and finishes or Goods handmade to order, customised or made to measure.
10. OUR WARRANTY FOR THE GOODS
10.1 Subject to the remainder of this clause 10, if the Goods are within their warranty period (see clause 10.2) we will repair or replace free of charge Goods or any part of such Goods which are defective due to defective materials or workmanship in accordance with the exclusions and conditions outlined in clause 10.3.
10.2 The warranty periods for our products are:
10.3 Exclusions and conditions of our warranty for the Goods:
10.3.1 upon noticing the defect, you must promptly notify us and return the Goods to us at your expense within the applicable warranty period set out above;
10.3.2 the cost of all labour associated with the claim is paid by you;
10.3.3 Goods must be correctly installed and maintained as per our installation and maintenance guides supplied with the Goods and have been installed by a professional in accordance with good industry practices. Evidence of such will be required at the point the claim is submitted;
10.3.4 electric heating elements incorrectly installed or operated whilst the radiator or heated towel rail is “dry” will not be entertained;
10.3.5 note that many of our product finishes are “living finishes” which age and patina and that this is not considered a fault to which our warranty would apply;
10.3.6 the foxing of mirrors is considered to be a characteristic inherent to the nature of the product and is not considered a fault;
10.3.7 claims for Goods not performing due to insufficient water pressure will not be accepted. Details of minimum pressure requirements are available via our support team and these must be checked prior to installation;
10.3.8 our Goods should not be installed on a softened water system. Before ordering you must ensure that any Goods purchased are suitable for the system upon which they will be installed, considering any aggressive water areas or water softeners. In these circumstances, corrosion may occur for which we have no control and no liability. We insist that this check is thoroughly carried out with a Heating Installer or Local Water Authority, as we shall have no responsibility for failure due to corrosion where there are higher than usual levels of chlorine or chlorides;
10.3.9 warranties are transferable when the property changes ownership but not transferable where the Goods are re-installed in a different location. Original invoices will be required;
10.3.10 we do not warrant that the Goods comply with applicable laws, regulations or standards outside of the UK;
10.3.11 we will not liable for breach of the warranty given in this clause 10 if you make any further use of the Goods after giving notice to us that the Goods are defective or you alter or repair the Goods without our prior written consent;
10.3.12 claims will not be entertained where the defect arises as a result of fair wear and tear, accident, wilful damage, mis-use, improper operation, neglect or negligence or abnormal storage or working conditions; or where the Goods have been altered or used to carry loads or for any purpose other than those which the Goods are suitable for as directed by us; and
10.3.13 where we are manufacturing bespoke Goods to client specifications, the warranty will not apply where the defect arises as a result of us following any drawing, design or specification supplied by you or where the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.4 We shall have no liability for loss or damage to a product as a result of installation damage caused by a third-party installer or other contractor nor shall we be liable for the fitting or reinstallation costs associated with defective products once installed.
10.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 10 to the extent set out in this clause 10.
10.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
10.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
11. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11.1 References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 Nothing in these Terms limits or excludes our liability for:
11.2.1 death or personal injury caused by our negligence;
11.2.2 fraud or fraudulent misrepresentation;
11.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
11.2.4 any other liability that cannot be limited or excluded by law.
11.3 Subject to clause 11.2, we will under no circumstances be liable to you for:
11.3.1 any loss of profits, sales, business, or revenue;
11.3.2 loss of business opportunity;
11.3.3 loss of anticipated savings;
11.3.4 loss of goodwill; or
11.3.5 any indirect or consequential loss.
11.4 Subject to clause 11.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.
11.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
12.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect, by giving written notice to you if:
12.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
12.1.2 you fail to pay any amount due under the Contract on the due date for payment;
12.1.3 you fail to provide any information that we require to manufacture the Goods within a reasonable time after confirmation of your order, for example, the information described in clause 5.7 and in such circumstances you shall not be entitled to a refund of any deposit already paid to us and/or you may be required to pay us an administrative fee in accordance with clause 5.7 to cover our reasonable costs and expenses incurred;
12.1.4 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
12.1.5 your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
12.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
12.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). An example of such is the delay of a third-party courier in delivering an order.
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
13.2.1 we will contact you as soon as reasonably possible to notify you; and
13.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
13.3 We may dissolve the Contract if we are affected by an Event Outside Our Control.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer to "in writing" in these Terms, this includes email.
14.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
14.3 A notice or other communication is deemed to have been received:
14.3.1 if delivered personally, on signature of a delivery receipt;
14.3.2 if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
14.3.3 if sent by email, at 9.00 am the next working day after transmission.
14.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
14.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We may assign or transfer our rights and obligations under the Contract to another entity. Save in respect of clause 10.3.9, you may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.2 It should be noted that due to the nature of our business, variations to the Contract cannot generally be entertained once you have placed an order. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
16.3 If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
16.4 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 The Contract is between you and us. No other person has any rights to enforce any of its terms.
16.6 This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
Date: 27 September 2021