TERMS & CONDITIONS
1. These are the only terms and conditions upon which we agree to contract with you and no alteration of these terms and conditions shall be valid unless previously agreed in writing.
2. A contract is formed between us when (and not before) we notify you by e-mail, first class post or facsimile that your order has been accepted. Your order will not be accepted until we receive authorisation of your credit card payment or your cheque has been cleared or we have agreed credit account terms with you (for trade customers only) in accordance with clause 8. We will not accept orders from you if your address is not within the United Kingdom without prior consent. You may not cancel or vary your order or delivery once it has been accepted without confirmation from our customer services team.
3. Our employees or agents are not authorised to make any representations concerning the ordered goods unless confirmed by us in writing. In entering into the contract you acknowledge that you do not rely on, and waive any claim for breach of any such representations, which are not so confirmed.
4. Any typographical, clerical or other error or omission in any sales literature, website based information, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
5. No drawings, illustrations or descriptions or any other information submitted or contained in this website, catalogues or other advertising matter shall be deemed to form part of the contract but are for general information and guidance only.
6. We shall be under no liability in respect of any defect in the ordered goods arising from any drawing, design or specification supplied by you.
7. The [total] price of the ordered goods shall be as set out in the on-line order form and includes postage, packing and value added tax (if applicable). All payments must be in pounds Sterling unless other agreed made on a case by case basis.
8. All credit accounts are granted subject to the approval of trade and bank references by us. Trade customers should contact us at our address as set out at the end of these terms and conditions if they wish to apply for a credit account. We do not grant credit accounts to a party contracting as a consumer.
9. Where we have provided credit, if you fail to make any payment on the due date then, without prejudice to any other right or remedy available we shall be entitled to:
9.1 cancel the contract or suspend any further deliveries to you at our complete discretion;
9.2 appropriate any payment made by you to such of the ordered goods (or the goods supplied under any other contract between us) as we may think fit (notwithstanding any purported appropriation by you); and
9.3 charge you interest (both before and after any judgement) on the amount unpaid, at the rate of 5 per cent per annum, above Barclays Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); and
9.4 charge you debt collection and/or legal expenses for recovery thereof upon a full indemnity basis; and
9.5 charge you £10.00 for each unpaid cheque submitted by you to us in addition to and without prejudice to any other claim.
10. The ordered goods will be delivered to the address entered by you on the on-line order form, which must be within the United Kingdom. Ordered goods will normally be delivered within 72 hours of your order being shipped, goods are shipped 1 working day after order, unless otherwise notified to you by us. However, time for delivery shall not be of the essence and we shall not be liable for any delay in delivery. If we fail to despatch any ordered goods within 60 days of accepting your order (or, in the case of special orders, any longer period which we may have notified to you), we shall refund in full your payment (or cancel the equivalent liability on a credit account) in respect of such goods. Ordered goods may also be made available for collection at our premises if we agree this with you.
11. We use third party couriers to fulfill our deliveries, as such the circumstances of those deliveries are set by our partners and their standard practice. As standard, a delivery is considered as complete once the courier has delivered the items to the address. Couriers will not be liable to bring the items inside the premises. In the case of deliveries where the customer is not present, items may be left in a safe location and signed for by the courier, in these circumstances the items are considered delivered.
12. Risk of damage to, or loss of, ordered goods shall pass to you at the time the goods leave our premises for delivery.
13. If you fail to take delivery of the ordered goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may:
14.1 store the ordered goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
14.2 sell the ordered goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
15. Where we have provided credit then notwithstanding delivery and the passing of risk in the ordered goods, or any other provision of these terms and conditions, the property in the ordered goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the ordered goods and all other goods agreed to be sold by us to you for which payment is then due.
16.1 Until such time as the property in the ordered goods passes to you, you shall hold such goods as our fiduciary agent and bailee, and shall keep the ordered goods separate from those of your own and third parties and properly stored, protected and insured and identified as our property. Until that time you shall be entitled to resell or use the ordered goods in the ordinary course of your business, but shall account to us for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of your own and third parties and, in the case of tangible proceeds, property stored, protected and insured.
16.2 Until such time as the property in the ordered goods passes to you (and provided such goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the ordered goods to us and, if you fail to do so forthwith, to enter upon any premises of yours or any third party where such goods are stored and repossess said goods and to dismantle the same (without being liable for any damage caused by so doing).
16.3 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the ordered goods, which remain our property, but if you do so all moneys owing by you to us shall (without prejudice to any other right or remedy of ours) forthwith become due and payable.
16.4 You shall if we so require assign to us any right of action against the third party in respect of moneys due for such ordered goods.
17. If any ordered goods are not readily available to us, we reserve the right to withdraw our acceptance of your order for such goods and to refund in full any payment you have made for them. For the avoidance of doubt other goods ordered by you will be despatched in the normal way.
18. Where the ordered goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these terms and conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the contract as a whole as repudiated.
19. We warrant that, at the time of delivery, the ordered goods will, subject as hereinafter provided, correspond with the description on this website, will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). There may, however, be minor variations between the goods as shown or described on our website and those despatched to you (but so that the goods despatched will always be of a comparable or superior quality).
20. Where the ordered goods are sold to you contracting as a consumer unless otherwise notified to you by us, our returns policy is as follows. If you are not entirely satisfied with any ordered goods, we will refund your payment for such goods [after deducting a 15% administration charge] subject to (a) you despatching such goods back to us, at your cost and with proof of posting, within 7 days of delivery to you and (b) our receiving the goods back unused and in undamaged condition. Risk of damage to, or loss of, such goods shall pass to us at the time of delivery to us.
21. Any claim by you that any ordered goods fail to correspond with the description on this website or that they are defective or not of satisfactory quality, must be notified to us by e-mail or letter within  days from the date of delivery or, where this was not apparent on reasonable inspection, within  days after discovery or 30 days after despatch by us, whichever is the earlier. If delivery is not refused, or you do not notify us accordingly, we shall have no liability for such failure or defect.
22. We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instruction (whether oral or in writing), misuse or alteration or repair of the ordered goods without our approval.
23. Our five year guarantee applies to manufacturer defect, and not to damage or degradation as a result of fair wear and tear, wilful damage, negligence, environmental conditions, abnormal use, failure to follow instruction, misuse or alteration of the goods. We will not be liable for any damage or degradation sustained as such, including but not limited to damage sustained in the process of the customer building the goods, mould growth, or damage sustained through exceeding the total evenly distributed load weight.
24. Where we have provided credit we shall be under no liability under any warranty, condition or guarantee (if any) if the total price for the ordered goods has not been paid by the due date for payment.
25. If you make a valid claim under paragraph 18, we shall replace the ordered goods in question free of charge or, at our sole discretion, refund in full the payment made in respect of such goods, but we shall have no further liability for such failure or defect. Such replacement or refund is conditional upon the ordered goods in question having been returned to us.
26. Except in the case of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms and conditions, for any special, indirect or consequential damage.
27. Subject as expressly provided in these terms and conditions, and except where the ordered goods are sold to you contracting as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
28. This clause applies if having been provided with credit facilities by us:
29.1 you make any voluntary arrangement with your creditors or become subject to an administration order or (being an individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
29.2 an encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of yours; or
29.3 you cease, or threaten to cease, to carry on business; or
29.4 we reasonably apprehends that any of the events mentioned above are about to occur in relation to you and notify you accordingly.
29.5 If this clause 24 applies then, without prejudice to any other right of remedy available to us, we shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to us, and if the ordered goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
30. You agree not to offer ordered goods for resale either within or outside the United Kingdom and you shall indemnify us in full for all losses, damages, costs and expenses which we may suffer or incur if you breach this term unless a prior distribution arrangement is agreed with us.
31. In respect to any contract entered into between us, no other party shall have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not effect any right or remedy of a third party which exists or is available apart from that Act.
32. Any communication between us shall be by e-mail or first class post to our current e-mail or postal address (as given on this website at the time of such communication) or the e-mail or postal address given in your order form (or any new e-mail or postal address which you may have notified to us).
33. We reserve the right to vary these terms and conditions at any time but, in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when you placed your order.
34. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
35. The contract formed by our acceptance of your order shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English Courts.
Disclaimer and Copyright
It is a condition of G-Rack Ltd allowing you access to the material on this website that you accept the terms and conditions of this notice.
The contents of this website are protected by copyright. The copying or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may print or download extracts of the materials on this site for your personal use.
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Information on this website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. G-Rack Ltd may also make improvements and/or changes in the products described in this information at any time without notice. It is therefore essential that you verify all such information with G-Rack Ltd before taking any action in reliance upon it.
G-Rack Ltd makes no representations whatsoever about any other website which you may access through this one. When you access a website which does not belong to G-Rack Ltd, please understand that it is independent from G-Rack Ltd, and that G-Rack Ltd has no control over the contents of that website. In addition, a link to a non-G-Rack Ltd website does not mean that G-Rack Ltd endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
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