1.1 “Business Customer” means a customer who is not a Consumer.
1.2 “Consumer” means an individual who is not acting for the purposes of his or her business or profession.
1.3 “Customer” includes both “”Business Customer” and “Consumer” and “you”
1.4 “RMS” means Rubber Manufacturing Services, who’s registered office in Moss Lane, Elworth, Sandbach, Cheshire, CW11 3LD, UK; also referred to as “we” or “us” in these terms and conditions.
1.5 “Price List” means the catalogue of products and services offered by Rubber Manufacturing Services.
1.6 “Force Majeure” means any cause affecting the performance by RMS of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.7 “Normal Working Hours” means 8.30am to 5pm Monday to Thursday, and 8.30am to 4pm on Friday.
1.8 “Working days” means Monday to Friday, excluding Bank or other Public holidays.
1.9 Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Consumers are referred to Clause 13.
2.1 All orders for products and services on the RMS web site are accepted by RMS subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by RMS unless agreed in writing by an authorised signatory of RMS.
2.2 All descriptions of the products and services contained on the RMS website or otherwise communicated to the Customer are Approximate only and shall not form any part of the contract between RMS and the Customer. RMS may correct any errors in its website without liability to the Customer. The advertising of products and services in the RMS website merely constitutes an invitation by RMS for the Customer to make an offer to purchase products and services
2.3 RMS website is intended for sales to the United Kingdom only. These terms and conditions do not apply to transactions carried outside these territories with, to which separate terms and conditions of sale apply.
3.1 All contracts of sale made by RMS shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom RMS is dealing. Cancellation of orders by business to business customers is not accepted. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
3.2 All orders are subject to acceptance and to availability of the goods ordered: RMS reserves the right to decline to trade with any company or person. In addition, RMS may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by RMS of the order.
4.1 Goods and services, are invoiced at the price prevailing at time of order.
4.2 Prices are quoted in British Pounds (GBP) and exclude VAT, shipping charges and other taxes which, where applicable must be paid by you in addition to the price and which will be listed with the total cost of your order
4.3 RMS reserves the right to modify the prices at any time.
5. Delivery, Title and Risk
5.1 Goods are subject to availability. Stock levels may change due to the time delay between orders placed and orders accepted. If items become out of stock after RMS accepts the order we will notify you as soon as possible. For items that are out of stock, consumers, should they wish to cancel the order will be refunded in full. Business customers are referered to clause 5.3
5.2 For online orders date and time for delivery shall not be of the essence. If this is the case, availability and price must be confirmed with RMS on telephone and/or fax. Times and dates for delivery quoted in the RMS website or by RMS employees are Approximate only. RMS shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as (but not limited to) delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
5.3 In the case of a Business Customer, if RMS is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole and exclusive remedy, be entitled to cancel the order and require any monies paid to RMS in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to RMS after the above date but before delivery of the goods or notification from RMS that the goods are ready for delivery. This Clause does not apply to Consumers.
5.4 In the case of Business Customers, RMS does not accept liability for shortages or damage to deliveries unless the Customer notifies RMS of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
5.5 Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
5.6 Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
5.7 Title in the goods does not pass to the Customer until payment is received in full by RMS, however risk of loss or damage is passed on to the customer on delivery of goods.
5.8 The Customer may request a Proof of Delivery, provided that this request is made in writing within 2 months of the date of delivery and RMS shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
5.9 For courier shipments only: Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. RMS shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
5.10 Where the Customer requests goods to be sent by Royal Mail or expressly instructs RMS to leave goods without requiring RMS to obtain a Proof of Delivery, delivery shall be deemed to have been successfully completed on despatch by RMS.
6.1 Payment is due on shipment unless a Customer has been approved for credit. RMS’s standard credit terms require payment within 30 days from the date of the invoice.
6.2 Payment may be made by BACS transfer, cash, cheque, Visa, MasterCard, Solo and Maestro. If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy: All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date. RMS may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 per cent per annum above the Bank of England base rate, compounded monthly.
7. Product specifications
7.1 RMS makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications. Where these dimensions are critical to the application and use of product customer is advised to get them confirmed in writing by fax or e-mail from us.
7.2 RMS has made every effort to ensure that the colours of the products are displayed online as accurately as possible. However since presentation of colour varies with type of monitor settings and slightly from batch to batch during production, RMS cannot guarantee that the colours accurately reflect the colour of the product on delivery. Customers are strongly advised to ask for samples before ordering to ascertain suitability RMS will take every care and effort to ensure that product descriptions, sizes and prices are displayed correctly at the time of entering the relevant information onto the system. However, RMS reserves the right to refuse any orders where the information/sizes and prices are published incorrectly (this includes promotions).
7.3 If RMS cannot supply the goods ordered by the Customer, RMS reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to RMS in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
7.4 RMS has to adhere to the manufacturer’s guidelines stipulating that a given defect(s) that are deemed acceptable before an item is accepted for replacement on grounds of fault. E.g. All Moulded products are generally made to an ISO 3302 M3 C tolerance, extruded products to BS 3715 E2 tolerance and sponge products to BS 3715 E3 tolerance
7.5 Each user bears the full responsibility for making its own determination as to the suitability of RMS materials, products, services, recommendations or advice for its own particular purpose. Each user must identify and perform tests and analyses sufficient to assure it that its finished parts will be safe and suitable for use under end-use conditions. Because actual use of products by the user is beyond the control of RMS, such use is within the exclusive responsibility of the user, and RMS cannot be held responsible for any loss incurred through incorrect or faulty use of the products. Further, no statement contained herein concerning a possible or suggested use of any material, product, service or design is intended or should be construed to grant any license under any patent or other intellectual property right of RMS or any of its subsidiaries or affiliated companies, or as a recommendation for the use of such material, product, service or design in the infringement of any patent or other intellectual property right.
8. Trade names & Trade Marks and Rights
8.1 Trade names and marks (other than Rubber Manufacturing Services) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
8.2 RMS acknowledges the intellectual property rights of suppliers and manufacturers of the products appearing RMS sales literature and on RMS website. The Customer acknowledges that RMS and its licensors own the intellectual property rights in the catalogues, the website content and the stock numbers, and that their whole or partial reproduction without RMS prior written consent is prohibited.
9. Warranties & Returns Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 9. Customers who are Consumers are referred to Clause 14.
9.1 RMS is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
9.2 If you are not a Consumer, subject to the other provisions of these terms and conditions, Rubber Manufacturing Services warrants that upon delivery and for a period of 3 months from the date of delivery the products will be of satisfactory quality within the meaning of Sales of Goods Act 1979. These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of RMS.
9.3 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
9.4 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 13), RMS does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. We can provide samples on request, and we advise that Customers do so in order to confirm that the goods are suitable for the application. RMS will not be held responsible if the product ordered is not suitable for the Consumers application. In some instances, Customers may benefit from special price discounts. Such goods are not returnable and may not be sold to other customers. Accordingly, orders for such goods cannot be cancelled and RMS can only return or repair Goods where they prove to be defective and the Goods are returned for repair or replacement.
9.5 In the event that RMS, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit or refund of unwanted products, the goods must be returned with RMS’s prior written agreement within 7 days of delivery. The goods must be unopened, in the original packaging in which they were shipped, and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a 20% handling and re-stocking fee of original RMS sale price for the goods in addition to two way carriage costs. In the event that the Customer arranges return of the goods by an independent carrier of their own choice and at their own expense, only the initial one way carriage and 20% handling and re-stocking fee will be deducted from the amount refunded or credited. Please ensure that the product(s) you have purchased are to your specification prior to opening and removing any packaging. This will avoid disappointment and the product(s) being rejected, should you wish to return them.
9.6 No contract shall be cancelled once accepted by RMS nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of RMS and on terms to be determined at the absolute discretion of RMS.
10. Rubber Manufacturing Service’s liability
10.1 In its dealings with Business Customers, RMS shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Subject to and without prejudice RMS liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
10.2 Nothing in this agreement shall limit RMS liability for death or personal injury caused by its negligence.
11. Health & Safety
11.1 RMS confirms that the goods it supplies as a distributor do not present a hazard to health and safety.
12. Force Majeure
12.1 RMS shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of RMS obligations in respect of the Goods, if the delay or failure was due to any cause beyond RMS’s reasonable control (force majeure). Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond RMS’s reasonable control:
12.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full or cancel the whole or any part of these terms and conditions of sale, without any liability to the Business Customer or consumer
13. Reduced price offer & Liquidation Products
13.1 Goods sold on “Reduced price offer” are end of line or surplus goods that RMS is able to offer at a discount on the normal catalogue price. Stocks of goods offered as above are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of RMS other terms and conditions, except those terms and conditions specifically covering Consumers.
13.2 Upon receipt of an order, RMS will check stock availability. Until stock availability is confirmed to the customer, a contract for sale will not be created and no payment will be debited from the customer.
13.3 All goods sold by RMS as Reduced price offer & Liquidation Products are sold subject to the following special rules that apply in addition to RMS’s other terms and conditions.
13.4 Products are non-returnable unless we have made an error or the goods are faulty;
13.5 Prices are not subject to value, cash or volume discounts.
14. The Consumer Protection (Distance Selling) Regulations 2000
14.1 Contracts for the purchase of goods by a Consumer not acting in the course of a business and made over the telephone or through the RMS website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’). If you are a Consumer, RMS warrants that upon delivery and for a period of 3 months from the date of delivery the products shall be of satisfactory quality and fit for purpose within the meaning of the Sale of Goods Act 1979 (subject to the provisions of these term and conditions).
14.2 If the Regulations apply, Consumers may cancel goods purchased from RMS by sending a written notice of cancellation by post to Rubber Manufacturing Services, Moss Lane, Elworth, Sandbach, Cheshire, CW11 3LD, by fax to 01270 766727, or by email to firstname.lastname@example.org
14.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
14.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to RMS, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
14.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to RMS and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
15. Errors & Omissions
15.1 RMS makes every effort to ensure that all prices and descriptions quoted in its price list and on its website are correct and accurate. However, due to unforeseen increases in raw material cost and shipping, certain products can increase in price before RMS have had a chance to update the costs displayed on its website. Therefore it is inevitable that mistakes can occasionally occur. In the case of a manifest error or omission, RMS will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. RMS’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by RMS after the manifest error has been discovered.
15.2 A ‘manifest error’, as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by RMS which is more than 10% less than the price that would have been quoted had the mistake not been made.
16. Security of transactions and data protection
16.1 Website Security RMS does not collect or store customer payment details, but uses the Streamline card processing facility for it. Provided the Business Customer/Consumer is using an SSL-compliant browser such as Netscape’s Navigator v 4.79 or above, Microsoft’s Internet Explorer v 5.01 or above, the Business Customer/Consumer is able to conduct encrypted transactions without fear of an intermediary obtaining the Business Customer/Consumers credit card information.
16.2 Information Automatically Logged RMS uses your IP (Internet Protocol) address to help diagnose problems with RMS’s server and to administer RMS’s website. The Business Customer/Consumer’s IP address is also used to help gather broad demographic information. A disk-based cookie (non session) is used to identify the Business Customer/Consumer.
17. General terms of business
17.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
17.2 If any provision in this Agreement is held to be invalid or unenforceable by any court, tribunal or administrative body, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
17.3 Any waiver of a breach of this Agreement must be in writing.
17.4 Any variation of this Agreement must be in writing and signed by a duly authorised Polymax official.
17.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
17.6 Assignment. You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
17.8 Customer Service queries RMS shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Business Customer/Consumer has made within 48 hours of receipt of any such query. RMS shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Business Customer/Consumer reasonably notified of any progress thereafter. Telephone calls made to RMS may be recorded for training purposes.
17.9 Third Party (Rights) Act 1999 No third party shall be allowed to enforce any rights under this contract. The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
17.10 No Waiver. RMS’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Business Customer/Consumer in performance or compliance with any of these Conditions.
17.11 Notice. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the 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. Notice shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
17.12 Enforceability 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 provision of these Conditions and the remainder of the provision in question shall not be affected.
17.13 Dispute In the event of a dispute between the Business Customer/Consumer and RMS, should RMS in writing require, the Business Customer/Consumer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
17.14 Jurisdiction The contract shall be governed by the laws of England & Wales and the Business Customer/Consumer agrees to submit to the non-exclusive jurisdiction of the English courts.
17.15 Images Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed in the catalogue or on our website, especially with generic products.