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BACKGROUND: This agreement applies as between you, the Purchaser and A-Rated Products (a trading name of Canoports UK Limited). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your purchase.
If you do not agree to be bound by these Terms and Conditions, you should not purchase Goods from A-Rated Products.
The Purchaser’s order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a dispatch Sales Order and/or email to the Purchaser indicating that the order has been accepted, fulfilled, or dispatched.
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, payment information and other information provided by the purchaser held by A-Rated Products to effectively process enquiries and orders;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Goods” means any products that A-Rated Products advertises and / or makes available for sale through this Website;
“A-Rated Products” means Canoports UK Limited trading as A-Rated Products whose registered office is at Europa & Jenner House, 1-2 Trident Close, Medway City Estate, Rochester, ME2 4ER.
“Service” means collectively any facilities, tools, services, or information that A-Rated Products makes available through the Website or otherwise either now or in the future.
“Payment Information” means any details required for the purchase of Goods from A-Rated Products. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes.
“Purchaser” means any person or business that buys Goods from A-Rated Products; “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form.
“Premises” Means our place of business located at Europa & Jenner House, 1-2 Trident Close, Medway City Estate, Rochester, ME2 4ER.
If Goods are being ordered from outside A-Rated Product’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. A-Rated Products is not responsible for these charges, and we undertake to make no calculations or estimates in this regard. If a Purchaser is buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and A-Rated Products gives no guarantee that the packaging of the Goods will be free of signs of tampering.
3.1 In order to purchase Goods from A-Rated Products, certain personal details and Payment Information are required to process orders. By providing this you represent and warrant that:
3.1.1 all information you submit is accurate and truthful;
3.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
3.1.3 you will keep this information accurate and up-to-date.
4.1 Either A-Rated Products or the Purchaser may terminate an order before manufacturing as commenced (please see returns policy). If A-Rated Products terminates your order, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
4.2 If A-Rated Products terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
4.3 A-Rated Products reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
6.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from A-Rated Products correspond to the actual Goods, A-Rated Products is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 10.1 for incorrect Goods.
6.2 A-Rated Products online prices shall be valid from the point of sale, and receipt of full order value funds. Pior to sale, all products are subject to alteration by reference to any changes in the price of raw materials, any item to be acquired by A-Rated Products from a third party or other costs of production and any other circumstances beyond A-Rated Product’s control taking place before the date of the Purchaser’s placing of any Order in respect thereof.
6.3 A-Rated Products shall be entitled to adjust the Contract price of the Goods and/or Services whether before accepting the Purchasers order in the event of any variation in the cost to A-Rated Products of supplying the some or any part thereof caused by:
6.3.1 any increase in the cost of materials or services required by A-Rated Products for the completion of the Contract or,
6.3.2 any increase in wages or production and manufacturing costs or other overheads or any other reason whatsoever beyond the control of A-Rated Products including (but without prejudice to the generality of the foregoing) fluctuations in exchange rates between monetary currencies, the action of any government or any other authority or any labour problems, a raise in the LME rate.
6.4 A-Rated Products does not represent or warrant that such Goods will be available. Stock indications may be provided at point of enquiries (vie web shop), however stock cannot be reserved until an order is placed and monies received. Lead times will be advised when you place your order.
6.5 In the event that the Purchaser makes a change request to an order that results in a change in the product supplied or additional manufacturing time that was not in the original purchase, A-Rated Products reserves the right to amend the price of the order and is no longer bound to those provided on the original quote.
6.6 If, after A-Rated Products accepts an order, the Purchaser changes the scope required that, as a result, forces A-Rated Products to amend the manufacture scope or timescales, A-Rated Products reserves the right to increase the price of the order in question to reflect the additional costs of such changes. (see 6.3)
6.7 All pricing information provided is correct at the time of supply. A-Rated Products reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
6.8 All quotes include VAT. A-Rated Product’s VAT number is 170 6048 24.
7.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by A-Rated Products. Title remains with A-Rated Products until payment is complete.
The Purchaser warrants and undertakes full responsibility for the suitability and fitness of the specification / product, the Purchaser acknowledges that A-Rated Products shall be under no liability of any description to the Purchaser if the Goods prove to be unsuitable due to Purchaser error for whatever reason for application or use.
8.1 A-Rated Products will notify you by way of email or phone 3 days before your goods are to be dispatched to you. The message will contain details of estimated delivery times from 7:30am to 5:00pm in addition to any reasons for a delay in the delivery of the Goods purchased by you.
8.2 If a delivery is refused due to any reason A-Rated Products were not advised of the full delivery cost will be charged for both the failed delivery and the redelivery.
8.3 Deliveries cannot be cancelled or rescheduled within 3 days from the agreed delivery date. If the delivery is cancelled or rescheduled less than 3 days before delivery the Purchaser will be liable for additional delivery charges.
8.4 If A-Rated Products receives no communication from you, within 24 hours of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
8.5 A-Rated Products reserves the right to apply an additional surcharge for express or timed deliveries, FORS or Moffatt deliveries. Additional freight charges may also be applied by A-Rated Products in the event that the Purchaser amends the delivery requirements after the order is placed.
9.1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 24 hours to arrange collection and return. A-Rated Products is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned undamaged Goods.
9.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact A-Rated Products within 24 hours to arrange collection and return. A-Rated Products is responsible for paying shipment costs if the goods are deemed to be faulty. Faulty Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
9.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
9.4 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to A-Rated Products within 24 hours and arrange collection and return. A-Rated Products is responsible for paying shipment costs of faulty goods. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
9.5 If the Purchaser wishes to return Goods to A-Rated Products for any of the above reasons, please contact us using the address given above, or via email (info@aratedproducts.co.uk) to make the appropriate arrangements.
A-Rated Products reserves the right to change the Website, its Content, our marketing literature or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the acceptance of their Purchase Order by A-Rated Products following the changes. If A-Rated Products is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
11.1 To the maximum extent permitted by law, A-Rated Products accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
11.2 Nothing in these Terms and Conditions excludes or restricts A-Rated Product’s liability for death or personal injury resulting from any negligence or fraud on the part of A-Rated Products.
11.3 Nothing in these Terms and Conditions excludes or restricts A-Rated Product’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
11.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and A-Rated Products.
15.1 All notices/communications shall be given to us either by post to our Premises (see address above) or by email to info@aratedproducts.co.uk.
15.2 A-Rated Products may from time to time send you information about our products and/or services. If you do not wish to receive such information, please send an email to info@aratedproducts.co.uk stating that you wish to unsubscribe.
These Terms and Conditions and the relationship between you and A-Rated Products shall be governed by and construed in accordance with the Law of England and Wales and A-Rated Products and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Where a warranty for purchased goods is in force, no part of these Terms and Conditions shall invalidate said warranty unless so deemed by act of court or statute.
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