Terms and Conditions of Sale

I agree that the details submitted are correct, that I have read and accept the trading terms and conditions. I understand that Rawdon Optical Limited reserves the right to decline this application without stating reasons. I agree that Rawdon Optical Limited or its agents may undertake a search with credit reference agencies or banks in connection with this application and that a record will be kept of the results. Such searches may be undertaken periodically as deemed appropriate.

CONDITIONS OF SALE RAWDON OPTICAL LIMITED. (THE SUPPLIER')

1. ACCEPTANCE OF TERMS AND CONDITIONS OF SALE

The placing of an order with the Supplier constitutes an offer to purchase upon these terms and conditions of sale. No variation of, addition to or substitution for these terms and conditions, even if included or referred to in the document or other communication which placed the order, shall be binding on the Supplier unless specifically accepted by the Supplier in writing and signed by a Director of the Supplier. Since no written acceptance of orders is normally made by the Supplier the contract between the Supplier and the Purchaser shall be deemed to be made on the recorded date of acceptance by the Supplier of the order. Risk in the goods shall pass to the Purchaser when they are posted or delivered to the carrier for transmission to the Purchaser. Provided that nothing in these terms and conditions of sale shall operate to deprive a consumer of his statutory rights under the Sale of Goods Act 1979.

1a. SALES ORDERS
Orders are accepted at the prices shown on current quotations and price lists except where otherwise stated, but the Supplier reserves the right to amend prices to those ruling at the date of despatch and to amend any accidental errors and omissions. The issue of any new edition of the Supplier's Catalogue or Price List supersedes and replaces the previous one.

The presence of the Current Price List or Catalogue does not bind the Supplier as to the availability of the listed models or spare parts.

2. PART DELIVERIES

Where an order calls for a number of items, the Supplier reserves the right to despatch and invoice all or any number of the items as soon as they are available and the Purchaser shall honour all invoices presented in respect of such deliveries in accordance with the settlement terms.

3. RESERVATION OF TITLE

All goods supplied by the Supplier are covered by the Supplier's right of ownership until the invoice for such goods is paid in full.

3.1 Notwithstanding delivery and the passing of risk in any goods supplied by the Supplier to the Purchaser or any other provision of these conditions the property in such goods shall not pass to the Purchaser until the Supplier has received in cash or cleared funds payment in full of the price (together with all VAT payable thereon) of such goods and all other goods agreed to be sold by the Supplier to the Purchaser for which payment is then due.

3.2 Until such time as the property in any goods supplied by the Supplier to the Purchaser passes to the Purchaser the Purchaser shall hold all such goods as the Supplier's fiduciary agent and bailee and shall keep such goods separate from those of the Purchaser and third parties and properly stored protected and insured and identified as the Supplier's property.

Until that time the Purchaser shall be entitled to re-sell or use such goods in the ordinary course of its business but shall account to the Supplier for the proceeds of sale or otherwise of such goods whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any monies or property of the Purchaser and third parties and in the case of tangible proceeds properly stored protected and insured.

3.3 Until such time as the property in any goods supplied by the Supplier to the Purchaser passes to the Purchaser (and provided such goods are still in existence and have not been resold) the Supplier and Purchaser shall be entitled at any time to require the Purchaser to deliver up such goods to the Supplier and if the Purchaser fails to do so forthwith to enter upon any premises of the Purchaser or any third party where such goods are stored and re-possess such goods.

3.4 The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any goods supplied by the Supplier to the Purchaser which remain the property of the Supplier but if the Purchaser does so all the monies owing by the Purchaser to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.

4. SETTLEMENT TERMS

Payment shall be due in full within 30 days of the date of invoice. In the event that payment is not made within that period the Supplier reserves the right to charge interest which will accrue on a daily basis from the date of invoice on the amount outstanding at 8% over and including the current bank interest rate.

5. DELIVERY

(a) Every effort will be made to meet quoted delivery dates but it is impossible to guarantee them and the Supplier shall not be liable in any way for failure to deliver on time. Quotations ex-stock are subject to goods being unsold at the time of the Supplier's receipt of the order.

(b) The Supplier reserves the right to require the Purchaser to take delivery of goods at the agreed date or, where the goods cannot be accepted at this date, to render invoices for such goods and any costs associated with the failure of the Purchaser to take delivery.

(c) Any goods incorrectly ordered by and delivered to the Purchaser and subsequently returned may be subject to a handling charge.

6. DAMAGE OR LOSS IN TRANSIT

All goods are packed carefully, (packing and postage charges are included in the total invoice cost) to ensure safe carriage. The Supplier cannot accept responsibility for loss or damage in transit. If the purchaser requires an insured or tracked service, this must be specified in writing to the supplier and the additional costs will be applied to the purchaser's invoice. Complaints of loss or shortage must be made to the carrier and to the Company within 7 days from date of despatch. No goods shall be signed for by the Purchaser unless they have been examined. If it is not practical to examine the goods on receipt, they should be signed for as unexamined'.

7. RETURN OF GOODS

(a) The return of goods will not be accepted without the prior consent of the Supplier. Before returning the goods, the Purchaser should notify the Supplier in writing, itemise the goods, give the number and date of the Supplier's invoice and await the Supplier's authorisation. No goods will be credited unless returned in their original packing and condition.

(b) Acceptable returned goods will be credited at their invoice price, provided they are returned in resaleable condition.

(c) No return privilege will be granted after 30 days from date of invoice.

(d) Special goods and made to order' items are not subject to return.

8. PERFORMANCE

Performance of the goods will be in accordance with the manufacturer's technical specification and no variation or addition to such specification or representation as to the performance will be accepted as valid unless made in writing and signed by a Director of the Supplier.

9. WARRANTY

For a period of 1 years from date of delivery of the goods to the Purchaser, the Supplier will repair or at its option replace free of charge any component found to be defective due to faulty workmanship or materials, PROVIDED THAT

(a) This warranty does not cover any form of damage resulting from accident, neglect, misuse, application of over heating, or use contrary to any instructions supplied by the Supplier.

(b) This warranty shall apply only to the original Purchaser and shall (insofar as the law may permit) be in lieu of all other warranties and conditions expressed or implied under the Sale of Goods Act 1979 or any other Statute or at Common Law.

10. CANCELLATION OF ORDER

The Supplier reserves the right to make any appropriate charge should any order be cancelled.

11. LIABILITY

Notwithstanding the terms of any conditions, warranties, or representations, whether expressed or implied, and whether statutory or otherwise, the Supplier shall not be liable in any way for loss of or damage to revenue, savings, use, profit, contracts, goodwill or business or any consequential or indirect loss or damage of any kind resulting from any defect in the goods or services provided by the Supplier whether such loss arises from loss of use of the goods or services or incorrect information or otherwise howsoever.

12. FORCE MAJEURE

The Supplier shall be relieved from liability under this contract if and to the extent that it shall be unable to carry out all or any of its obligations hereunder owing to wars, strikes, lockouts, government controls or restrictions, non-availability of any goods or labour or any other cause beyond the Supplier's control.

13. INSOLVENCY OF PURCHASER

13.1 This clause applies if:

13.1.1 The Purchaser makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes a bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or

13.1.2 An encumbrancer takes possession or a receiver is appointed of any of the property assets of the Purchaser or

13.1.3 The Purchaser ceases or threatens to cease to carry on business or

13.1.4 The Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Purchaser and notifies the Purchaser accordingly.

13.2 If this clause applies then without prejudice to any other right or remedy available to the Supplier the Supplier shall be entitled to cancel this contract or suspend any further deliveries under the contract without any liability to the Purchaser and if any goods have been delivered by the Supplier to the Purchaser but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

14. DATA PROTECTION

14.1 Data protection legislation places obligations on users of personal data and lays down principles for its use. Personal data is any information relating to a living individual who can be identified from that information.

Personal data provided by the Purchaser will be used by the Supplier in the following ways:-

14.1.1 Primarily in order to provide the agreed goods and services and for invoicing, account maintenance, record keeping, statistical analysis and internal reporting and research purposes. This may involve disclosing personal data to other companies within the Supplier's group of companies; and

14.1.2 Occasionally to inform customers of other goods and services. The Purchaser may opt out of receiving this information at any time by notifying the Supplier.

14.2 The Supplier will provide personal data to any Government Department, public body or third party where it believes in good faith that the law requires this, or in the interests of public health and safety, or in the event of an emergency. In addition the Supplier will provide data to third parties where authorised to do so by the person to whom such data relates.

15. ENGLISH LAW

The contract shall be governed by and construed by the laws of England.

Rawdon Optical Limited, Lowndes House, The Bury, Church Street, Chesham HP5 1DJ. Registration No 1236371

Rawdon Optical Limited, 1-5 Clayton Wood Court, Leeds LS16 6QW