Conditions of Sale

Rowland Tools Limeted (“The Company”) only do business upon the following Conditions of Sale and all orders are accepted and executed on the understanding that these Conditions are incorporated into any Contract with a Customer to the exclusion of any conditions which the Customer seeks to impose.
1. PRICES All orders will be invoiced at prices ruling at the date of despatch and where applicable V.A.T. will be added to the invoice.
2. ORDER VALUE For minimum order values and carriage paid order values please see terms sheet available to distributors and merchants.
3. DELIVERY Every attempt will be made to meet quoted delivery times but time shall not be of the essence unless specifically so agreed in writing. The Company accepts no responsibility for the delay howsoever caused. If performance of any of the Company’s obligation shall be prevented hindered or interfered with by any cause or reason beyond the reasonable control of the Company the Company shall have the option to suspend or cancel any obligation then unperformed.
4. CARRIAGE & PACKAGING Subject to (2) above the goods are normally despatched carriage paid to addresses in the U.K. The right is reserved to supply goods in nearest packaging where an order does not meet the Company’s standard packed quantities.
5. GOODS RETURNED FOR CREDIT Goods returned for credit must be of the Company’s current specification, undamaged and with packaging intact. They will only be accepted after written agreement has been issued by the Company and in every instance will be subject to a handling charge of 121⁄2%
6. CANCELLED ORDERS Orders will only be considered cancelled by the Company after written agreement on mutually satisfactory terms. The Company reserve the right to consider an order cancelled, without prejudicing any right it may otherwise possess if a customer has a.receiver appointed, goes into liquidation, compounds with his creditors or commits an act of bankruptcy.
7. CLAIMS AGAINST CARRIERS The Company will not be responsible for any delay occasioned by carriers after despatch from the Company’s works. Any damage or shortages must be notified in writing, both to the carriers and to the Company within three days of receipt of goods. In the case of non-delivery claims must be made within seven days from receipt of invoice.
8. PAYMENT TERMS Payment is due by the end of the month following the month of sale unless otherwise agreed in writing. The Company reserves the right to charge interest at 21⁄2% over Bank of England minimum lending rate for the time being on overdue accounts. Without prejudice to the above, in the event of payment not being received by the due date all monies owing to the Company under this or any other Contract shall become payable immediately. Pending such payment the Company reserves the right to suspend performance of any of their obligations to the Customer.
9. RISK AND TITLE (a) Risk shall pass to the Customer on delivery and the Customer should insure accordingly. (b) Title in any goods supplied by the Company shall not pass to the Customer until the Company has received payment in full for all such goods. (c) Until such payment is received the Customer shall if so requested by the Company store the goods in such a way that they can be clearly identified as the property of the Company. (d) If before title in the goods has passed to the Customer he resells the same, such resale shall be treated as a sale by the Customer as Agent for the Company and the Customer shall be liable to account to the Company for the proceeds of all such sales. Upon paying all his indebtedness to the Company the Customer shall be entitled to retain the balance (if any) of such proceeds as his agreed commission on the sales. (e) The proceeds of sale of such goods by the Customer when acting as Agent for the Company shall be placed by the Customer in a separate bank account expressly for the benefit of the Company. (f) The Customer undertakes that in the event of his selling any goods and not receiving the proceeds thereof he will if so requested by the Company transfer to the Company all rights of recovery he may have against the Purchaser. The Company undertakes to account to the Customer for any sums received from such sub-Purchaser in excess of amounts due by the Customer to the Company. (g) If the Customer makes default in payment or if for any other reason the Company treats this Contract as discharged the Company shall be entitled to enter the Customer’s premises and to re-possess its goods.
10. SPECIALS The supply of items manufactured to special order by the Company will in every case be the subject of a separate contract under specific conditions of sale.
11. DEFECTS AND GUARANTEE All goods are described as accurately as possible in the Company’s publications but minor variations from these specifications will not constitute a breach of contract. Goods sold by the Company are guaranteed against defective materials or faulty workmanship but the Company’s liability is limited to replacement of the said goods or refund of any price paid for them if when the goods are returned to the Company they are upon examination found to have been defective at the time of despatch. It shall be the Customer’s responsibility to satisfy himself that the goods are suitable in every way for the purpose for which he intends to use them and no warranty, condition or representation is given by the Company as to the fitness of the goods for any particular purpose. The Company accepts no liability for any consequential loss or damage howsoever caused, and the guarantee given above is given in lieu of and to the express exclusion of all other guarantees conditions warranties representations express or implied except where the law at any time prohibits the exclusion or restrictions of such liability. No claims for faulty materials or workmanship will be entertained if modifications or repairs to the goods have been effected other than by the Company.
These Conditions of Sale shall be construed in accordance with English Law and be subject to the jurisdiction of the English Courts.

DATA PROTECTION NOTICE
TO PARTNERSHIP AND SOLE TRADER DEBTORS
We may transfer information about you to our financiers, Bibby Financial Services Ltd who:
(a) may store and process information about your business and its principal(s) on their computers, the computers of any associated company used by them and in any other way; information will be used by them and their associated companies for credit or financial assessments, making payments, recovering monies, training and prepaying statistics, protecting their interests and internal reporting; they may also use such information to prevent bad debts, fraud, money laundering and other wrong doing;
(b) from time to time, may make searches of your records at their credit reference agencies and other enquiries in accordance with their normal procedures; your records with such agencies include searches made and information given by other businesses; details of their searches will be kept by such agencies ad may be seen by other organisations that make searches with them;
(c) may give information about you and your indebtedness to; (i) any associated company of theirs - for purposes similar to those in paragraph (a) above; (ii) any guarantor or indemnifier of your or our obligations to them - so they can assess such obligations; (ill) their or our bankers, insurers or any advisers acting on their or our behalf - so they can carry out their services; (iv) any business to whom your indebtedness or our financing arrangements with them may be transferred - to facilitate such a transfer; and (v) their credit reference and fraud prevention agencies - to give out information and assessments to other subscribers for credit and lending decisions, preventing bad debts, fraud and money laundering.
(d) may monitor and or record your phone calls with them, for training and or security purposes;
(e) may make decisions about you solely using an automated decision making process, such as credit scoring.
2. We will provide you with details of our financiers on request, including their address and a contact telephone number, if you want to have details of the credit reference agencies and other third parties referred to above from whom they obtain and to whom they may give information about you. You have a legal right to these details. You can also obtain a copy of the information they hold about you if an application is made to them in writing. However a fee will be payable.