Terms and Conditions
Headings and labels have been used in this document purely for convenience and shall not directly affect their interpretation.
Any reference in these Conditions to any provision of a statute or statutory instrument shall be understood as referencing any subsequent amendments, re-enactments or extensions that may be in force at the time of the Contract.
Herein 'Customer' is meant as the person, business or organisation who accepts a quotation of the Vendor for the sale of Goods or whose order for Goods is accepted by the Vendor.
Herein 'Goods' is meant as the goods (including any instalment of the goods, or any parts for them) which the Vendor is to supply in accordance with these conditions.
Herein 'Vendor' means G M Buckley trading as Radioactive Records whose operations office is at: Radioactive Records, 14 Henwick Hall Avenue, Ramsbottom, Bury, BL0 9YH, UK.
Herein 'Conditions' is meant as the standard terms and conditions of sales set out in this document to including any additional special terms and conditions which will be agreed in writing between the Customer and the Vendor prior to any transaction.
Herein 'Contract' is meant as the contract for the purchase and sale of the Goods.
Herein 'Writing' is meant to include written letter, electronic mail, facsimile transmission as well as any other comparable means of communication at our discretion.
2. The basis of the Sale
The Customer shall purchase the Goods and the Vendor shall sell the Goods in accordance with any written quotation from the Vendor which is accepted by the Customer, or any written order from Customer which is accepted by the Vendor; either casing being subject to these Conditions, which shall govern the Contract to the absolute exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Customer.
This condition does not apply where the Customer deals with the Vendor as a consumer. No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Customer and the Vendor.
The following sub-clauses do not apply where the Customer deals with the Vendor as a consumer:
Only written representations concerning Goods from employees of Vendor, or their agents, are authorised. Upon entering into a Contract the Customer acknowledges that it has not relied on non-written representations.
Any recommendations or advice not given to the Customer in writing, or its employees or agents, as to the storage, application or use of Goods is followed or acted upon entirely at the Customer's own risk. The Vendor shall only be liable for any such advice or recommendations which are confirmed in writing.
Any clerical, typographical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Vendor shall be subject to correction without any liability on the Vendors part.
3. Orders & Specifications
The Customer shall be responsible to the Vendor for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving the Vendor any necessary information relating to the Goods within a sufficient time to enable the Vendor to perform the Contract in accordance with its terms.
The quantity, quality and description of and any specification for the Goods shall be those set out in the Vendor's quotation (if accepted by the Customer) or the Customer's order (if accepted by the Vendor) If the Goods are to be manufactured in accordance with a specification submitted by the Customer, the Customer shall indemnify the Vendor against all loss, damages, costs and expenses awarded against or incurred by the Vendor in connection with or paid, or agreed to be paid,
by the Vendor in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Vendor's use of the Customer's specification. Once an order has been accepted by the Vendor the Customer may only cancel the order with the Vendor's agreement in Writing and on terms that the Customer shall indemnify the Vendor in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Vendor as a result of the Customer order cancellation.
All cancellations and amendments to orders must be sent to the Vendor in writing by either fax/email. If no written confirmation is received then no changes will be made to the order and goods will be delivered as per the order.
Orders placed before 4:30pm on a business day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. The follow sub-clause(s) do not apply where the Customer deals with the Vendor as a consumer: No order submitted by the Customer shall be deemed to be accepted by the Vendor unless and until confirmed in Writing by the Vendor's authorised representative.
4. Price of Goods
All Goods shall be priced at the Vendor's quoted price.
All Goods are subject to not being sold at less than the Vendor's cost price.
Where no price has been quoted the price listed in the Vendor's current published price list at the date of acceptance of the order. In the absence of a current published price the price may be specified at the Vendor's discretion.
If quoted price is no longer valid Goods shall be priced in accordance with Vendor's current published price list current at the date of acceptance of the order.
Where an order is made for items that are not immediately available for dispatch the price of those items is subject to change based upon market conditions. The Customer will always be notified of any increase in price before any additional charges are made by the Vendor.
Except as otherwise stated under the terms of a quotation or in any price list of the Vendor, and unless otherwise agreed in Writing between the Customer and the Vendor, all prices are given by the Vendor on an ex works basis, and where the Vendor agrees to deliver the goods otherwise than at the Vendor's premises, the Customer shall be liable to pay the Vendor's charges for the transport, packaging and insurance.
The price is exclusive of any applicable Value added Tax, which the Customer shall be additionally liable to pay to the Vendor, unless the Vendor has been provided with evidence that the Customer is exempt from paying Value added Tax (or equivalent).
The Vendor shall not be bound to deliver the Goods until the Customer has paid for them. Payment shall be due before the Delivery date and time for payment shall be of the essence.
This condition does not apply where the Customer deals with the Vendor as a consumer. The Customer shall pay the price of the Goods upon delivery. Time for payment shall be of the essence.
The follow sub-clause(s) do not apply where the Customer deals with the Vendor as a consumer:
If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Vendor, the Vendor shall be entitled to cancel the Contract or suspend any further deliveries to the Customer; appropriate any payments made by the Customer to such of the Goods (or the Goods supplied under any other contract between the Customer and the Vendor) as the Vendor may regard fit (notwithstanding any purported appropriation by the Customer); and charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of 4 per cent per annum above the Bank of England 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).Payments are expected at the time of order placement and goods will not be produced or dispatched prior to payment receipt.
6. Acceptance of the Goods
If the Customer properly rejects any of the Goods which are not in accordance with the contract, the Customer shall nonetheless pay the full price for such Goods unless the Customer promptly gives notice of rejection to the Vendor and at the Customer's cost returns such Goods to the Vendor as soon as reasonably practicable.
Returns - Any item returned to the Vendor which is found not to be defective may incur a 20% handling charge. Any item returned to the Vendor for Credit/Refund may incur a handling charge if the items are not returned in pristine condition.
Wearable intimate items such as t-shirts or other items which come into contact with skin or other direct contact will not be exchanged or refunded due to a high hygiene standard.
This condition does not apply where the Customer deals with the Vendor as a consumer. The Vendor shall make delivery of the Goods to the Customer as agreed by the Vendor.
This condition does not apply where the Customer deals with the Vendor as a consumer. Any dates quoted for delivery of the Goods are approximate only and the Vendor shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Vendor in writing. The Goods may be delivered by the Vendor in advance of the quoted delivery date upon giving reasonable notice to the Customer.
Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by the Vendor to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
If the Customer fails to take delivery of the Goods or fails to give the Vendor adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of the Vendor's fault) then, without prejudice to any other right or remedy available to the Vendor, the Vendor may: store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or sell the Goods at the best readily available obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
The Goods shall be delivered to the Customer at the Customer's address.
The risk on the Goods shall pass to the Customer upon such delivery taking place.
In the event that the Vendor shall arrange for the carriage of the Goods to the Customer's address, then the carrier shall be deemed to be the Customer's agent and the Vendor shall not be responsible for any delays in delivery of the Goods beyond its reasonable control.
8. Risk & Property
Risk of damage to or loss of the Goods shall pass to the Customer in the case of the Goods to be delivered otherwise than at the Vendor's premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Vendor has tendered delivery of the Goods.
Not withstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Vendor has received in cash, or cleared funds, payment in full of the price of the Goods and all other Goods agreed to be sold by the Vendor to the Customer for which payment is then due. Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Vendor's fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties, and properly stored, protected and insured and identified as the Vendor's property, but the Customer shall be entitled to resell or use the Goods in the ordinary course of its business.
Until such time as the property in the Goods passes to the Customer, (and provided the Goods are still in existence and have not been resold), the Vendor shall be entitled at any time to require the Customer to deliver up the Goods to the Vendor 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.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Vendor, but if the Customer does so all moneys owing by the Customer to the Vendor shall (without prejudice to any other right or remedy of the Vendor) forthwith become due and payable.
9. Warranties & Liability where the Customer deals with the Vendor as a Consumer.
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.
Insolvency of Customer, this clause does not apply where the Customer deals with the Vendor as a consumer but applies if: the Customer makes any voluntary arrangements with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of an amalgamation or reconstruction); or an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or the Customer ceases, or threatens to cease, to carry
on business; or the Vendor reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
If this clause applies then, without prejudice to any other right or remedy available to the Vendor, the Vendor shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.
10. Warranties & Liability where the Customer does not deal with the Vendor as a Consumer.
The Customer shall only be entitled to the benefit of any warranties or guarantees as are given by the manufacturer of the Goods. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
All Goods to be returned must first have authorisation from the Vendor or Manufacturer and must be returned at the expense of the Customer (unless the Vendor or Manufacturer agree to collect the Goods) In the event that the manufacturer replacing or repairing the Goods and the Vendor receiving these Goods back from the manufacturer, the Vendor shall immediately dispatch those Goods at his own cost to the Customer.
The Vendor shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer.
The Vendor shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse or alteration of the Goods without the Vendor's approval.
The Vendor shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price of the Goods has not been paid by the due date for payment.
Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Vendor within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Customer does not notify the Vendor accordingly, the Customer shall not be entitled to reject the Goods and the Vendor shall have no liability for such defect or failure and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Vendor in accordance with these Conditions, the Vendor shall be entitled to replace the Goods (or the part in question) free of charge or at the Vendor's sole discretion, refund to the Customer the price of the Goods (or a proportionate price
of the price), but the Vendor shall have no further liability to the Customer.
Except in respect of personal injury caused by the Vendor's negligence, the Vendor shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Vendor, its employees or agents or otherwise) which arise out of or
in connection with the supply of the Goods or their use or resale by the Customer and the entire liability of the Vendor under or in connection with the Contact shall not exceed the price of the Goods, except as expressly provided in these Conditions.
The Vendor shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Vendor's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Vendor's reasonable control. Without prejudice to the generality of the foregoing shall be regarded as causes beyond the Vendor's reasonable control: Act of God, explosion, flood, tempest, fire accident, War or threat of war, sabotage, insurrection, civil disturbance or requisition.
Acts, restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority. Import or export regulations or embargoes.
Strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Vendor of a third party)
Difficulties in obtaining raw materials, labour, fuel parts or machinery
Power failure or breakdown in machinery.
When the Vendor does not deal with the Customer as a Consumer the Customer hereby acknowledges and confirms that the Customer shall not divulge to any party any information of a secret or confidential nature (except for that which is already in the public domain) in relation to the Vendor or the Vendor's business, which is disclosed to it or its advisors by the Vendor or its advisors, unless the Vendor provides explicit written consent.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
This condition does not apply where the Customer deals with the Vendor as a Consumer. No waiver by the Vendor 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.
This condition does not apply where the Customer deals with the Vendor as a Consumer. If any provision of these 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 Conditions and the remainder of the provision in question shall not be affected.
This condition does not apply where the Customer deals with the Vendor as a Consumer. The contract shall be governed by the laws of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.