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TERMS  

REYNOLDS SPORTS LIMITED
Terms and Conditions of Sale
Registered no. 5299368 England Registered Office: Reynolds House, Lodge Farm, Wigsley Road, North Scarle, Lincoln LN6 9HD.
Tel: 01522 778805. Fax: 01522 778877. E-mail: sales@reynolds-sports.co.uk

1: Terms of Contract

Reynolds Sports Limited (the 'Company') sells the goods listed in this catalogue ('Goods', which expression shall as the context admits refer to all or any of such Goods) exclusively upon the terms set out below (the 'Terms'). The 'Customer' shall refer to any person, firm, company or other organisation placing an order for any Goods. The placing of an order or acceptance of the Goods is deemed to constitute an agreement to observe and be bound by the Terms and any concession, latitude or waiver that may be or may have been allowed by
the Company at any time shall not prevent the Company subsequently exercising is full rights under the Terms.

2: Orders and availability of Goods

2.1: All orders should be sent direct to Reynolds Sports Limited at Reynolds House, Lodge Farm, Wigsley Road, North Scarle, Lincoln LN6 9HD. Orders must be in writing and can be sent by post, fax or e-mail. Telephone orders can be accepted, but must be confirmed in writing by post, fax or e-mail.

2.2: The Goods in this catalogue are offered subject to availability at the time the Company receives the Customer's order.

3: Prices

3.1: Prices quoted in this catalogue are subject to change without prior notice to the Customer. Unless otherwise agreed Goods will be invoiced at the price ruling at the date of each order.

3.2: Prices given by the Company do not include Value Added Tax which will be charged to the Customer in addition for all goods supplied within the UK. Goods supplied to BFPO addresses within the European Community may be subject to the addition of Value Added Tax unless orders are accompanied by a tax exemption certificate. Goods despatched to BFPO addresses in other parts of the world will be supplied VAT-free providing we are able to obtain proof of export.

4: Carriage and Packing

Carriage costs will be charged extra on all orders under the value of £200.00 (excluding VAT) and, in the case of weightlifting and trampoline orders, under the value of £275.00 (excluding VAT). Orders over the value of £200.00 will normally be supplied free of charge for delivery in England or Wales unless advised otherwise at time of ordering. For delivery to other parts of the UK we reserve the right to charge carriage as an extra unless otherwise stated in the text of this pricelist. NB: Certain items in this catalogue are only supplied carriage free if despatched to addresses within England or Wales and, in certain cases, parts of Southern Scotland. All other destinations (Northern Scotland, Scottish Highlands & Islands, Northern Ireland, Eire, and overseas) will be subject to the addition of carriage charges regardless of order value. These items are clearly indicated within this catalogue and quotations for carriage charges will be supplied on request.

5: Carriage and packing to BFPO addresses - in addition to clause above.

Orders delivered to BFPO addresses and which are over the value of £200 will only qualify for free carriage providing they can be despatched by normal BFPO parcel post. At certain times BFPO post imposes restrictions on weight and size of parcels to certain BFPO addresses and, in these circumstances, we reserve the right to charge carriage regardless of order value. This will be advised at time of ordering. Carriage will always be charged in the following circumstances: 1) all heavy (exceeding 27kg) or over-sized items (exceeding 1.05m length + 2.00m length/girth combined). These cannot be sent by normal BFPO post regardless of order value. 2) On all items where carriage is shown extra in this catalogue. 3) On any orders despatched to BFPO numbers which may be subject to weight/size restrictions imposed by British Forces Post Office without notice. For items that cannot be despatched by normal or Contract BFPO post, the customer is responsible for arranging transportation from the UK. We can deliver all goods where the order value is over £200 to an address in England free
of carriage charges (except where carriage is shown as an extra), but in these cases Customers would be required to provide proof of export acceptable to HM Customs & Excise). Without this VAT will be charged extra.

6: Payment Terms and Overdue Accounts

6.1 For new customers, and until such time as an approved account has been opened, the Company will require orders to be paid for in full at the time of placing the order and before despatch. Payment can be made by cheque, credit or debit card.

6.2 Without prejudice to any other right of the Company, interest will be charged both before and after any judgement on all sums owing to the Company which are overdue at the rate of 2% per month or part thereof from the date such sums became overdue until the Company receives payment in full thereof together with such interest.

6.3 Without prejudice to any other right of the Company, the Company reserves the right to withhold delivery of all Goods to the Customer if any sum owing to the Company from the Customer is overdue until such sum is paid in full together with any interest due thereon.

6.4 The Company reserves the right to negotiate independent settlement terms for any new accounts or where special circumstances prevail. These terms to be agreed in advance and confirmed in writing.

7: Shortages, Damage, Returns

7.1 Shortages and damages in transit must be notified to us no later than 3 working days after receipt of the Goods. We cannot accept any claims after this time.

7.2 Goods must be signed for as damaged, parcels pilfered or broken open. Generally not examined; will not be concise enough to claim. Non delivery of goods must be notified to us within 10 days of receipt of our invoice. Failure to adhere to these terms could jeopardise
any claim with our carriers.

7.3 The Company shall be under no obligation to accept returned Goods (unless such Goods breach any warranty or are found to be faulty) but may in its absolute discretion do so by prior agreement with the Customer. If the Company does so agree then the Customer must return such Goods carriage paid and provide the Company with details of the relevant invoice if possible. The Company reserves the right to impose a handling charge of 30% of the invoiced value of returned Goods and (if the Customer has not already paid the relevant invoice) such handling charge (if imposed) must be paid forthwith upon return of the Goods and the Company's acceptance of such returned Goods shall be conditional upon prompt payment thereof.

7.4 For the avoidance of doubt the Company shall not be responsible for the acts or omissions of any carrier.

8: Force Majeure

The Company shall not be liable to the Customer for any inability to perform or delay in performing any of its obligations hereunder where such inability or delay as aforesaid is caused (directly or indirectly) by any event or circumstance beyond the Company's reasonable

from its negligence or the negligence of any servant or agent (but not independent contractor) of the Company, or failure of a manufacturer to maintain the supply of the Goods.

9.3 Subject to clause 9.2 the warranty referred to in Clause 9.1 is in substitution for and shall replace all conditions and warranties on the part of the Company implied by statute, common law or otherwise all of which are expressly excluded. The Company does not make or give,
nor has any servant or agent of the Company authority to make or give any representation or undertaking as to the quality of the Goods or their correspondence with any description or as to their fitness for any particular purpose.

9.4 Subject to Clause 9.2 in the event that, notwithstanding the preceding provisions of this Clause 9, the Company is found liable for any loss or damage suffered by the Customer, that liability shall in no event exceed the amount paid by the Customer to the Company hereunder excluding Value Added Tax.

9.5 Notwithstanding anything else contained in these Terms, in no circumstances shall the Company be liable to the Customer, either in contract or in tort, for any indirect, incidental or consequential loss suffered by the Customer on account of any act or omission on the part of the Company. 'Consequential loss' shall include loss of profit, goodwill or any other financial loss, any payment made or due to any third party, and any loss of damage caused to any property belonging to the Customer or any third party.

10: Risk and Title

10.1 Risk in the Goods shall pass to the Customer at the time the Goods are consigned to the carrier for delivery to the Customer.

10.2 Notwithstanding delivery and the passing of risk in the goods, title and property in the Goods including full legal and beneficial ownership shall remain with the Company until the Company has received cleared funds payment in full for all Goods delivered to the Customer under this and all other contracts between the Company and the Customer, for which payment of the full price of the Goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the Customer under
which the Goods were delivered.

10.3 Until full legal and beneficial ownership has passed to the Customer, the Customer as bailee shall keep them safe, insured and separate and identifiable from all other Goods in the Customers' possession. If moneys on any account become overdue, the Company may
(in addition to any other rights they may have) enter any land or buildings where the Goods are located and repossess the Goods and the Customer grants the Company an irrevocable licence so to do.

10.4 The Customer may resell the goods before full legal and beneficial ownership has passed to the Customer only where (a) that sale is effected in the ordinary course of business at full market price and (b) it is a sale of the Company's property on the Customer's own behalf and the Customer shall deal as principal when making such a sale and (c) the Customer shall account to the Company for the proceeds of the sale and shall keep all such proceeds separate from any of the Customer's or any third party, money or property.

10.5 The Customer's right to possession of the goods shall terminate immediately and the Company may terminate the Customer's contract immediately if (a) the Customer is the subject of insolvency (or similar) proceedings; (b) the Customer in any way charges the goods or (c) the Customer at any time fails to meet the Company's credit checking standards.

10.6 The Customer shall not be entitled to pledge in any way, charge by way of security for any indebtedness any of the goods which remain the Company's property, but if the Customer does so, all moneys owing by the Customer to the Company shall (without affecting any other right or remedy of the Company) immediately become due and payable.

11: General

11.1 The Customer shall not assign any benefit or burden of these Terms.

11.2 The clause headings in these Terms are for ease of reference only and shall not affect their interpretation.

11.3 The Company shall be entitled to despatch goods comprised in an order by one or more instalments and to issue an invoice in respect of each such instalment. If at any time Goods remain undespatched the Company shall be entitled by notice in writing to cancel the remainder of the order and neither party shall be under any obligation to the other in respect there of following such cancellation.

11.4 No variation or addition to the Conditions will be recognised by the Company unless accepted and confirmed by the Company in writing.

12: Law

There terms shall be governed and construed in accordance with the laws of England to the non exclusive jurisdiction of whose courts the Customer agrees to submit.

THESE TERMS CANCEL ALL PREVIOUS FORMS AND CONDITIONS OF SALE ALREADY IN
CIRCULATION. 1st JUNE 2007

 
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