CONDITIONS OF SALE

 

These Conditions of Sale (the "Conditions") together with our policies found on our Website, govern a Customer's purchase of our products and their relationship with RawlPlug Limited, a company incorporated England and Wales with company number 05497750, having its registered address at 21 Holburn Viaduct, London, EC1A 2DY ("Rawlplug", "us", "we" or "our"). 
 
In these Conditions:

• "Agreement" means the agreement between us and you for the supply of the Goods incorporating these Conditions and any Order as confirmed by us;
• "Contract" shall mean a contract between Rawlplug and the Customer for the sale and purchase of the Goods;
• "Customer" or "you" shall mean the company, firm or person buying the Goods from Rawlplug under any Contract;
• "Delivery Location" means the place where the Goods are to be delivered as specified in an Order;
• "Good" shall mean the products supplied or to be supplied by Rawlplug under any Contract;

"Order" means your order for the Goods, made via the Website or over the phone as confirmed by us via Order Confirmation;

• "Order Confirmation" means the email received by you after payment and acceptance of your Order confirming that the Order is to be fulfilled; and
• "Website" www.rawlplug.co.uk.

When you engage with us you acknowledge you have read these Conditions carefully as they affect your rights and liabilities under the law, and by ordering any of our products or registering your interest, you agree to be bound by the Conditions. If you do not agree to the Conditions, you should not register with, use our Websites or purchase any Goods from us.

1. APPLICATION OF CONDITIONS

1.1 All Goods supplied by Rawlplug are supplied on these Conditions and no variation of these terms and conditions shall have effect unless expressly accepted by a Director of Rawlplug in writing. Rawlplug's Conditions exclude any other terms and conditions which the Customer may seek to impose whether or not the Customer's conditions are contained in any other acceptance or counter offer made by the Customer.

1.2 We reserve the right to amend these Conditions from time to time and it is your responsibility each time you order Goods or register your interest on the Websites to check these Conditions.

2. QUOTATIONS & ORDERS

2.1 All quotations given by Rawlplug are subject to acceptance by Rawlplug on receipt of the Customer's Order. A Contract will only be formed when Rawlplug has accepted the Customer's order.

2.2 You can order Goods online through our Website. An Order shall constitute an offer by you to purchase our Goods on the terms of this Agreement and we may accept or reject an Order at our discretion.

2.3 When you place your Order Rawlplug will send you an email to confirm that we have received it. This email will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order and all orders are subject to availability. Once we have sent the confirmation email we will then check availability and if Goods are not available we will contact you by email and will not process your Order.

2.4 An Order shall not be accepted, and no binding agreement shall arise, until the Order is dispatched by us and we issue an Order Confirmation.

2.5 We will advise you as soon as practicable if we:




2.6 Marketing and other promotional material relating to the Goods are illustrative only and do not form part of this Agreement. You agree that, in submitting an Order, you have not relied on any representations or statements by us other than those expressly set out in this Agreement.

2.7 Any images of the Goods (including packaging) on our Website is for illustration purposes only. Although we have made reasonable efforts to display the appearance of the Goods accurately, we do not guarantee that the Goods you receive reflect the images of the Goods on our Website.

2.8 We reserve the right but are not obligated, to limit the sales of our Goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

2.9 We reserve the right to limit the quantities ordered of any Goods that we offer.

2.10 We reserve the right to discontinue any Goods at any time.

2.11 We do not warrant that the quality of any Goods, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Goods will be corrected.

2.12 We may cancel any Order and not supply the Goods if we believe it is reasonable to do so.

2.13 If an Order is cancelled, any payment made for the Goods will be refunded in full or we may suggest an alternative product, but will not substitute the Goods without you agreement. Any change to an Order may change the price payable. This does not affect your Statutory Rights.

2.14 Should you have any issues with and/or comments or concerns about an Order or our Goods you will address these in accordance with clause 19.

3. ACCURACY OF DESCRIPTION OF GOODS

All descriptions, specifications, drawings and particulars of weights and dimensions of Goods submitted by Rawlplug or otherwise contained in Rawlplug's price list or other published matter are provided by Rawlplug in the belief that they are as accurate as reasonably possible but none of these shall form part of any Contract, shall not constitute a description of the Goods or be taken to be representations made by Rawlplug and are not warranted to be accurate.

4. PRICE

4.1 All prices quoted are Rawlplug's current prices at the time of delivery unless otherwise stated.

4.2 The price payable for the Goods shall be the price ruling at the date of dispatch and Rawlplug shall be entitled to adjust the price of the Goods at any time between the date of the Order and the date of dispatch of the Goods to take account of any increase in costs incurred by Rawlplug.

4.3 The price is exclusive of:



which will be shown on the relevant invoice for the Goods.

4.4 If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

4.5 Please note that when shipping Goods outside the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all Goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the Goods and must therefore comply with all the laws and regulations of the country into which the Goods are being delivered.

4.6 If an Order is undelivered or refused by you, we will not be able to provide a refund for any shipping fees, import charges or customs duties upon the Order being returned to us and us issuing a refund in accordance with clause 9.1. Any shipping fees, import charges or customs duties we may be billed for, in relation to your Order, will be deducted from your refund.    
 
5. PAYMENT

5.1 The price of the Goods (less any discount to which Customer is entitled) shall be due and payable on the last day of the month following that in which the invoice is dated. The time of payment of the price for the Goods shall be of the essence of the Contract.

5.2 If the Customer fails to make payment in respect of any invoice on the due date the Customer will be considered in breach of Contract and all invoices for Goods delivered for which payment has not been received shall become immediately due and payable not withstanding clause 5.1 or any previous agreement to the contrary.

5.3 Without prejudice to any other right or remedy available to Rawlplug, in terms of payment outstanding after the due date Rawlplug shall be entitled to:



5.4 Rawlplug reserves the right at any time to demand security for payment before continuing with or delivering any Order.

6. DELIVERY

6.1 Each Order shall specify the Delivery Location.

6.2 Delivery shall be deemed to have been effected:



6.3 Time for delivery is not of the essence and Rawlplug shall not be liable for any loss or damage caused by late delivery or by non-delivery.

6.4 Rawlplug shall be entitled to make delivery of any Order by instalments and to invoice separately for each instalment. Where delivery is made by instalment, each instalment shall be construed as the subject of a separate agreement to which all the provisions of these conditions shall (with any necessary alterations) apply.

6.5 Rawlplug shall not be liable for any delay in or failure of delivery caused by your failure to: (i) make the Delivery Location available, or (ii) provide us with adequate instructions for delivery.

6.6 Rawlplug shall not be liable for any delay in or failure of delivery caused by a Force Majeure Event as defined in clause 17.

6.7 Where Rawlplug has agreed to deferred delivery, such delivery shall be accepted by the Customer within six months from the date of the Order. If the Customer fails to take delivery within such a period, risk in the Goods shall pass to the Customer and the balance remaining undelivered together with storage costs shall be invoiced to the Customer and payment shall become immediately due. Should payment not be made within 10 working days of becoming due, RawlPlug shall reserves the rights to re-sell the Goods.

6.8 Goods which the Customer agrees to collect EX WORKS must be collected within seven days of Rawlplug notifying the Customer that the Goods are ready. If the Goods are not collected within this period Rawlplug shall be entitled to invoice the Customer for the Goods and to charge for storage of the Goods, the Goods being held at the Customer's risk.

6.9 Deviations in quantity of the Goods delivered from those stated in the Contract shall not give the Customer the right to repudiate the Contract or to reject the Goods (save insofar as they materially exceed the amount ordered) or to claim damages for breach of Contract and the Customer shall be obliged to accept and pay at the Contract rate for the quantity delivered (except insofar as the Customer has the right to reject the Goods under these Conditions).

6.10 The Customer shall ensure that the Delivery Location designated by the Customer and all access routes to it are reasonably accessible for motor transport and shall also take such further steps as are reasonably necessary to facilitate delivery by Rawlplug at such point of delivery.

7. RISK AND PROPERTY

7.1 Risk in the Goods shall pass to the Customer when the Goods are delivered or collected by the Customer or its agent.

7.2 Notwithstanding delivery and the passing of risk in the Goods, the Goods shall remain the property of Rawlplug until the Customer has paid the full price for the Goods and all other sums owing from it to Rawlplug under any Contract together with any interest payable under any Contract in respect of the Goods.

7.3 Until title to the Goods passes to the Customer the Customer shall hold the Goods as fiduciary agent and bailee for Rawlplug and shall keep the Goods in good and substantial repair and condition properly stored protected and insured and the Goods shall be stored in such a way as to be clearly identifiable as belonging to Rawlplug.

7.4 Until such time as the title in the Goods passes to the Customer (and provided the Goods are still in existence and have not been re-sold) Rawlplug shall be entitled at any time to require the Customer to return the Goods to Rawlplug and if the Customer fails to do so forthwith to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

8. INSPECTION - SHORTAGES

8.1 The Customer shall inspect the Goods on delivery or on collection as the case may be.

8.2 Rawlplug shall be under no liability for any defects or shortages that would be apparent on careful inspection and in any event will not be held liable if a written complaint is not delivered to Rawlplug within seven days of delivery, detailing the alleged defect or shortage.

8.3 In all cases where the Customer complains of defects or shortages Rawlplug shall without prejudice to the question of liability generally be under no liability if it has not been given an opportunity to inspect the Goods by the Customer.

8.4 Proof of delivery is available from the customer services department for a period of 28 days from the date of delivery notice. If a proof of delivery is requested more than 28 days after the date of the delivery notice or requested again, Rawlplug shall be under no obligation to provide such proof and if the company decides to provide such proof of delivery it shall charge the Customer an administration fee of £5.

9. RETURNS

9.1 Should the Customer wish to return Goods for any reason you must notify us within 7 working days of receipt of your Order. In order to arrange a return, please contact us and inform our customer service team of your order number, the item you are returning and the reason for the return. We will then reply with a unique returns authorisation number and the address you need to send the item to.

9.2 The Customer must obtain an authorisation number issued by Rawlplug prior to returning any Goods.

9.3 All Goods to be returned must be returned to Rawlplug's warehouse at Skibo Drive, Thornliebank Industrial Estate, Glasgow G46 8JR, any return costs, expenses or charges will be borne by the Customer returning the Goods and Rawlplug reserves the right to invoice the Customer for any charges it may incur in relation to the return of the Goods.

9.4 All returns will be subject to a handling charge amounting to 20%.

9.5 Any returned Goods must be returned to us in their original packaging and in good condition within 14 days of receiving your return authorisation number, to receive a refund. All refunds and reimbursements will be arranged within 60 days of our acceptance after safe receipt of the returned Goods. PLEASE NOTE: Upon receipt all Goods are thoroughly inspected. If the Goods are established to be returned not in its pre-sale condition no refund will be made. 

9.6 Goods with a defined shelf life will only be accepted for return for credit or replacement if a minimum of three months shelf-life remains.

9.7 NO return of chemical based products which include Resins, Foams, Silicones & Gas fuel cells, in accordance with the Rawlplug Quality Assurance Policies is accepted unless there is a proven manufacturing fault. The customer should follow local government guidelines in disposing of any of our un-used chemical products.

9.8 However, should there be a potential fault in the product, please ensure that Rawlplug customer service is notified, who in turn will action and inform Rawlplug's internal departments (Purchasing, Technical etc) for testing to confirm if a manufacturing error has taken place.

9.9 We shall, at our option, replace, or refund the price of, any Goods that are deemed faulty by you, provided that you serves a written notice on us and:




9.10 We shall not be liable for any failure of the Goods:




9.11 Except as set out in this Agreement we gives no warranty and makes no representations in relation to the Goods; and shall have no liability for their failure to comply with all warranties and conditions whether express or implied by statute, common law or are otherwise are excluded to the extent permitted.

10. WARRANTY

10.1 Rawlplug warrants that it has title to and the right to sell the Goods.

10.2 Rawlplug warrants that the Goods shall, for a period of three months from Delivery (the Warranty Period) conform in all material respects to the Order.

10.3 No representation or warranty is given by Rawlplug as to the suitability or fitness of the Goods for any or any particular purpose and the Customer shall satisfy himself in this respect and shall be totally responsible therefore.

10.4 Except as set out in this clause10:



and all warranties and conditions (including the conditions implied by ss 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted.

11. LIABILITY EXCLUSIONS

11.1 Each of the sub-clauses in this clause are to be treated as separate and independent.

11.2 Nothing in these conditions shall exclude or restrict Rawlplug's liability for death or personal injury caused by the negligence of Rawlplug.

11.3 To the full extent allowed by applicable law, you agree that Rawlplug will not be liable to you or any third party for any direct claims, damages or losses (included but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy or loss of data) or any other indirect, special or punitive damages whatsoever that arise out of the Goods and Website and that you will have personal liability for, and will indemnify us for, any loss, liability, costs (including legal costs), damages and/or expenses incurred by us in connection with an Order including without limitation, for any injury to any person, or for loss or damage to personal property, which arises out of any misrepresentation or misuse by you regarding or relating to the Goods.

11.4 For the avoidance of doubt, Rawlplug shall not in any event be liable to you or any third party for any claims, liabilities, damages, costs or losses, whether direct or indirect, or for any loss of revenue, business, anticipated savings or profit arising in connection with your failure to comply with any or all of its obligations under this Agreement.

11.5 In the event that notwithstanding the foregoing provisions of this clause Rawlplug is found liable for any loss or damage suffered by the Customer then Rawlplug's total liability for any one claim or for the total of all claims arising from any one act or default of Rawlplug (whether arising from Rawlplug's negligence or otherwise) shall not in any event exceed the Contract price for the Goods in question.

11.6 Rawlplug does not accept responsibility for Orders which we do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason.

11.7 Other than the terms set out in these conditions no other terms conditions or warranties expressed or implied statutory or otherwise shall form part of the Contract.

12. CONSUMER RIGHTS 

12.1 If you are entering into this Agreement as a consumer so that the Goods and services will not be acquired by you in the course of a business, you may cancel the provision of Goods by giving notice to Rawlplug within 14 days of your Order Confirmation (the "Cancellation Period"); PROVIDED THAT if you have received any Goods during such period, you shall pay the price for the received Goods and any sums associated with our provision of the Goods in the Cancellation Period. 

12.2 If you are a business Customer no cancellation is permitted unless expressly agreed by a Director of Rawlplug in writing. In the event of cancellation a business Customer will indemnify Rawlplug fully against all expenses incurred by Rawlplug together with liquidated damages of 20% of the Contract price.

13. INSOLVENCY OF CUSTOMER

If the Customer being a company shall pass a resolution or suffer an order of a court to be made for its winding up or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or makes any voluntary arrangement with its creditors or becomes subject to an administration order or an encumbrancer takes possession or a receiver or administrative receiver is appointed of any of the assets or property of the Customer or being an individual or partnership shall suspend payment or propose to enter into any composition with creditors or becomes bankrupt or in either case becomes unable to pay its debts (or have no reasonable prospect of so doing) or threatens to cease to carry on business then without prejudice to any other right or remedy available to Rawlplug, Rawlplug shall be entitled to treat the Contract as repudiated or suspend any further deliveries or recover the possession of any Goods for which payment in full has not been received without liability to the Customer and if Goods have been delivered but not paid for, the price of those Goods shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

14. SAMPLE GOODS

In no circumstances will Rawlplug sell its Goods by sample and the supply of sample Goods to Customers or prospective Customers is not intended to provide them with a contractual specification of the Goods or to constitute a sale or offer of sale by sample.

15. HEALTH AND SAFETY AT WORK

15.1 Rawlplug gives notice to the Customer that information and product literature is available concerning the conditions necessary to ensure that the Goods supplied against the Contract will be safe and without risk to health when used handled processed stored or transported by a person at work. The Customer should immediately contact Rawlplug if he is not in possession of such information or literature and Rawlplug will not be liable for any accidents, damages or losses caused as a result of the Customer's failure to review any literature.

16. ASSIGNMENT

The Customer shall not assign or transfer or purport to assign and transfer any Contract to which these conditions apply or the benefit thereof to any other person whatsoever.

17. FORCE MAJEURE

Rawlplug shall not be liable for any failure to deliver the Goods arising from circumstances outside Rawlplug's control including for example acts of god, war, riot, explosion, abnormal weather, fire, flood, strikes, lock outs, epidemic, pandemic, Government action or Regulations (UK or otherwise) delays by suppliers, accidents and shortages of materials, labour or manufacturing facilities conditions (a "Force Majeure Event") and Rawlplug shall be entitled (subject to giving the other party full particulars of the circumstances in question and to using all reasonable endeavours to resume full performance without avoidable delay) to a reasonable extension of time for the performance of its obligations.

18. DATA PROTECTION

We are committed to protecting your privacy. We will only use the personal information that we collect about you lawfully in accordance with the Data Protection Act 2018 or any other relevant legislation. For further information please see our Privacy Policy.

19 NOTICES

Any notices to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to Rawlplug at its address (given below) or such other address as that party may from time to time notify in writing and shall be deemed to have been served and sent by post 48 hours after posting.

20. WAIVER

No waiver by Rawlplug of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

21. JURISDICTION

All contracts between Rawlplug and the Customer shall be governed and construed in accordance with English law and all disputes arising in relation to such Contracts shall be submitted to the non-exclusive jurisdiction of the English courts.

22. HEADINGS

Headings in these conditions are for each of reference only and do not form part of the conditions and shall not be deemed to alter or affect the meaning of any of the conditions.

                                               Skibo Drive, Thornliebank Industrial Estate, Glasgow G46 8JR