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Road Planing Services
Terms and Conditions

Application and entire agreement

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These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you or Customer) from  (we or us or Supplier).

These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the goods (whichever happens earlier) and will constitute the entire agreement between us and you.

These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

Interpretation

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A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

Words imparting the singular number include the plural and vice-versa.

Goods

The description of the goods is set out in our Purchase Order Confirmation unless expressly changed in our confirmation. In accepting the Purchase Order Confirmation, you acknowledge that you have not relied upon any statement, promise, or other representations about the goods by us. Descriptions of the goods set out in our sales documentation are intended as a guide only.

We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

Price

The price (Price) of the goods is set out in our Purchase Order Confirmation at the date of your order or such other price as we may agree in writing. (See Purchase Order Confirmation)

The Price is exclusive of VAT

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Cancellation and alteration

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Details of delivery are subject to change due to reasons explained in the sales disclaimer Road Planing Supplies will make every reasonable effort to deliver all materials ordered but due to forces beyond our control such as adverse weather or highways jobs being canceled we cannot guarantee all loads will be delivered. For this reason, we strongly advise you do not hire any plant or machinery until the loads have been delivered to you.

Either of us can cancel the order for any reason however 24 hour’s notice must be given, Failure to advise RPS within the 24hour time frame will result in a £50 charge per load.

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Payment

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We will invoice you for the Price either:

  • On or at any time after delivery of the goods; or

  • where the goods are to be collected by you or where you wrongfully do not take delivery of the goods, at any time after we have notified you that the goods are ready for collection or we have tried to deliver them.

You must pay the Price within 7  days of the date of our invoice or otherwise according to any credit terms agreed between us.

If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 8% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.

Time for payment will be of the essence of the Contract between us and you.

All payments must be made in British Pounds unless otherwise agreed in writing between us.

Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

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Delivery

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We will arrange for the delivery of the goods to the address specified in the quotation, or your order or to another location we agree in writing.

Road Planing Supplies does not accept responsibility for any damages caused by vehicles if they have been directed off a public highway. It is the landowner’s responsibility to ensure the tipping location is in a sensible and accessible location. Our vehicles are 32 tonne 8 wheeler tipper lorries that need to be on hard standing ground. Please may I also ask if there are any overhead power lines at the property that we will need to be aware of.

Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods

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Inspection and acceptance of goods

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You must inspect the Goods on delivery or the following day.

If you identify any damages or shortages, you must inform us in writing within 2 days of delivery, providing details. Road Planning Supplies does not accept responsibility for any damages caused by vehicles if they have been directed off a public highway. It is the landowner’s responsibility to ensure the tipping location is in a sensible and accessible location. 

Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.

You bear the risk and cost of returning the goods.

 

Risk and title

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Title to the goods will not pass to you until we have received payment in full (in cash or cleared funds) for

(a) the goods

and/or

(b) any other goods or services that we have supplied to you in respect of which payment has become due.

Until title to the goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the goods; and/or (c) keep the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

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Termination

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We can terminate the sale of goods under the Contract where:

you commit a material breach of your obligations under these Terms and Conditions;

you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or

you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, a notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

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Limitation of liability

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Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.

Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

We will not be liable (whether caused by our employees, agents or otherwise) in connection with the goods, for:

any indirect, special or consequential loss, damage, costs, or expenses; and/or

any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; and/or

any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or

any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or

any loss relating to the choice of the goods and how they will meet your purpose or the use by you of the goods supplied.

The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence, or for any matter for which it would be illegal for us to exclude or limit our liability, and for fraud or fraudulent misrepresentation.

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Data protection

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When providing the goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer store, or process personal data of employees of the Buyer.

The parties agree that where such processing of personal data takes place, the Buyer shall be 'data controller' and the Seller shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

The Seller shall implement and maintain technical and organizational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller's approach to data protection is specified in its Data Protection Policy, which can be found on our website. For any inquiries or complaints regarding data privacy, you can email claire.barker@roadplaningsupplies.co.uk.

Circumstances beyond the control of either party

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, or any other event that is beyond the control of the party in question.

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No Waiver

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No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

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Severance

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If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

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Law and jurisdiction

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This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

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© 2022 by Road Planing Supplies Ltd, Winchester

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Company No - 08883401

VAT No - 182836580

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