TERMS AND CONDITIONS OF SALE
OnePoint resin is the trading name of RBSG Materials Limited.
In these conditions of sale:
The company means RBSG Materials Ltd, Unit 2, Brook House, Larkfield Trading Estate, New Hythe Lane, Larkfield, Kent ME20 6SW
Tel: 01732 845007 Email: firstname.lastname@example.org
a) The following Terms and Conditions shall apply exclusively to all sales and supplies. Any deviating agreement or amendments are only valid if approved expressively by us in writing and shall in any case be only valid for the specific order for which they are agreed upon; for later orders, only our Terms and Conditions of Sale and Supply shall be valid.
b) The Buyer disclaims his own terms of trade unless he immediately interposes an objection in writing, or when he takes delivery of the goods despite his objection.
c) As long as our Terms and Conditions of Sale and Supply contain no relevant regulation and no other agreements are made, the statutory regulations apply.
a) Our offers are always made without obligation. Although we establish all the information in offers, price lists and advertising brochures carefully, this information is non-binding. In particular, provided that nothing to the contrary, it does not represent any statement regarding condition or quality.
a) All orders for Goods or Goods and Services shall be deemed to be an offer by the Buyer to purchase Goods or Goods and Services pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
b) RBSG Materials Ltd requires the correct billing details to process the sale. It is the Buyers responsibility to provide RBSG Materials Ltd with the correct billing details. If the correct billing details are not received, the payment may be held by the Buyers bank account and may not be released up to 10 working days after the failed payment has taken place. RBSG Materials Ltd accepts no liability for this.
b) Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or offered an alternative.
c) All orders, agreements, assurances etc. including those of our representatives are subject to our written confirmation to become valid in law.
d) Queries concerning our order confirmations must immediately be notified within the same working day that the order is placed.
f) There is a tolerance of +/- 250g on resin tubs.
g) All products (however delivered) shall be at the customers risk from the time of collection (if so collected) or from the time of delivery. After such time the company shall be under no liability for loss or damage or deterioration of the product from whatever cause arising.
h) We reserve the right to offer alternative packaging without notice in the event that our packaging suppliers experience any delays.
a) Prices are ex works unless otherwise agreed upon in writing.
b) Our price lists are current and subject to change without prior notice.
c) Rates and taxes introduced or levied at a time after conclusion of the contract shall be at the cost of the Buyer.
d) Prices do not include importation duties and taxes which shall be paid by the Buyer.
e) On occasion, the prices payable for goods advertised on our website may differ from those offered to you, we are under no obligation to honour any web site price.
f) FORCED MADJURE. In the event that there are unexpected changes in the market that are beyond our control we reserve the right to cancel an order.
5. DELIVERY OF GOODS
a) Delivery shall occur when you take possession of the goods at our premises or, where we agree to deliver, when the goods are ready for unloading at the delivery address. Deliveries are within 7 working days unless previously agreed in advance in writing. When placing an order for an item via our website, please refer to the delivery options set out on our website and these terms and conditions to ensure that we can deliver to your address. You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, either we or our haulier will try to arrange for an alternative delivery date within 7 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for redelivery, we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.
b) All orders where delivered prices are quoted are based upon safe and easy access for our vehicles for delivery and collection of materials and goods. In the event that in our opinion such access is not available or in the event that in our opinion any road or ground over which our vehicles would have to travel is unsuitable, we reserve the right to refuse to so deliver or collect. Further, should we incur extra costs in making a delivery by reason of an unsatisfactory access or an unsuitable road or ground for our vehicles we shall be entitled to recover these extra costs from you as an increase to our quoted price or prices.
c) Deliveries are made using large vehicles and it is the customer’s responsibility to inform the company if there may be any access problems. The company will confirm the outcome by e-mail. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. This above action must be completed before 12.00 pm on the day prior to delivery. E-mail confirmation of orders also request the customer to contact the company if a delivery problem may occur. A list of likely problems are enclosed on the e-mail confirmation. Delivery vehicles use tail lift offloading, and it must be emphasised that the delivery vehicle must be able to park in an area where the delivery is to be made. A pallet truck is then used to manoeuvre the products off the tail lift to the kerbside delivery point. The customer, or somebody appointed by the customer, should be at the delivery point to accept the delivery.
d) Where delivered prices are quoted, this shall mean delivery to site or depot only, the cost of unloading and the responsibility for any loss or damage occasioned thereby, shall rest entirely with you.
e) Any dates and times we specify for delivery of the goods are an estimate. We shall not be liable to you if we do not deliver on or at any particular date or time. Time for delivery shall not be made of the essence by notice.
f) Our prices only cover delivery or collection on normal working days during normal working hours. Additional costs arising through deliveries made on Public Holidays, weekends or at any time outside normal working hours or in the event that discharge is not completed within one hour will be charged for by us and paid for by you in addition to our quoted price or prices. Am or pm preferential delivery is charged at an extra rate and not guaranteed. If a specified AM or PM delivery time is missed only the upgraded part of the delivery shall be refunded.
g) If you fail to accept delivery of any goods when they are ready for delivery, or we are unable to deliver the goods because you have not provided appropriate instructions, documents or consents, we shall be entitled to immediate full payment and risk in the goods shall pass to you. We may store such goods until delivery, and you shall be liable for all related costs and expenses.
h) We will deliver to site provided there is a suitable road to the point where delivery is requested. If no such road exists, delivery will be made to the nearest point at which, in the driver’s opinion, the vehicle can safely and lawfully unload. Except where we use a vehicle-mounted crane/fork truck, you shall be responsible for unloading the goods and shall provide all necessary labour and equipment. We may charge you an additional fee if you delay in taking delivery of the goods when tendered.
i) We shall not be liable for any shortages in quantity delivered unless you give written notice to us of such shortages on the day of delivery. In any event our liability shall be limited to making good the shortfall or (at our option) issuing a credit note or refund at the pro rata contract rate against any invoice raised for such goods.
j) We may deliver the goods by separate instalments. Each instalment shall be a separate contract and cancellation or termination of one instalment shall not entitle you to cancel any other instalment.
k) Any query about delivery shall be made within two days of the date when the goods would in the ordinary course of events have been delivered else the goods shall be deemed to have been delivered in accordance with the contract.
l) Any equipment, tools or labour hired prior to delivery is done so at the contractors own risk.
m) We shall not be responsible for taking back any non-chargeable packaging/pallets.
n) You are responsible for ensuring that the disposal of any products or packaging are disposed of correctly by a licensed disposal company.
o) Any shortages or damage to the delivery must be recorded with the delivery, photo’s taken and reported to RBSG Materials within 24 hours of the delivery date.
p) Once the goods have been delivered you accept that they have been delivered in a fit for purpose condition and are responsible for ensuring their safe, dry storage. RBSG Materials ltd is not liable for losses or damage after delivery.
a) Goods shall be packed at our discretion in the customary way. Packing costs shall be charged additionally at cost price unless our offered price specifically includes packing.
b) The acceptance of the goods by the forwarder or carrier without objection, shall be deemed proof of correct packing.
c) Packing material is not taken back or reimbursed unless explicitly agreed upon otherwise.
d) Please ensure products purchased are disposed of by licensed disposal companies.
e) We reserve the right to offer alternative packaging without notice in the event that our packaging suppliers experience any delays.
7. RETURNS AND CANCELLATIONS
a) The customer has the right to cancel any order. However, any cancellation must be made prior to dispatch, this means if the product is ordered before 12.00 pm this must be cancelled by 1:30pm on the same day. If ordered after 12.00pm cancellation must be made before 1:30pm the following day.
b) Where you are a “consumer” under a “distance contract” (both as defined in the Consumer Protection (Distance Selling) Regulations 2000) you may cancel a contract within 7 working days after the date the goods are delivered. You must return the goods to RBSG Materials Ltd or request us to collect the goods, at your cost. This term shall not apply to any goods specially obtained or made for you or which are liable to deteriorate or expire rapidly. This right for consumers to return goods within seven working days shall not apply where the goods have been damaged by you or are not in their original state. The provisions of this clause do not affect your statutory rights.
c) We may, at our discretion, accept or reject the cancellation of any contract or the return of any goods not required. No cancellation of any order for supply can be accepted unless such cancellation is received in writing by us in time to prevent the order being batched, mixed or loaded. If the Client of the Company or Contractor which RBSG Materials Ltd have supplied to chooses to change, postpone, or cancel the order placed, a restocking fee of 30%, plus all delivery costs incurred will be chargeable to the Company/Contractor that RBSG Materials Ltd has supplied to.
d) Should RBSG Materials Limited need to dispose of the products returned without prior agreement, any fees incurred will be charged to the purchaser.
8.TERMS OF PAYMENT
a) Unless agreed upon differently, our terms of payment are in full without discount. The agreed proportion of the purchase price (as stipulated in our offer) must be paid immediately after receipt of the order confirmation.
b) All prices quoted by the company for the sale of any products are delivered except for any additional zone costs as described on the delivery page.
c) For first orders, customers are required to make a payment via bank transfer or cash. Subsequent orders can be paid by credit card/debit card, cash or bank transfer at the time of ordering.
d) Prices quoted are not inclusive of VAT and delivery unless otherwise stated.
e) If the Consumer places a large order to be called off in stages, a 10% non refundable deposit is required to be paid prior to RBSG MATERIALS LTD reserving material.
f) All products (however delivered) shall be at the customers risk from the time of collection (if so collected) or from the time of delivery. After such time the company shall be under no liability for loss or damage or deterioration of the product from whatever cause arising.
9. NOTICE OF DEFECT
a) The buyer must notify us of complaints occasioned by incomplete or incorrect deliveries, or of notifications of defects caused by discernible faults in the goods delivered without undue delay, i.e. no later than 24 hours after the receipt of the goods, directly and in writing, including images, whilst providing precise information about the individual defects. Otherwise the goods shall be deemed to have been approved.
b) Our liability for defects in goods supplied by us shall be restricted to a period of seven days from the passing of risk to the ordering party. If complaints are justified, we undertake to carry out improvements free of charge or to procure replacement goods, at our option. If the replacement or improvement is a failure or proves to be impossible, or if the replacement delivery or improvement is refused by us in a breach of trust or not carried out in spite of the setting of an appropriate period of grace, the ordering party shall have the right to choose whether to demand a reduction in the purchase price or withdraw from the contract. Returns shall not be accepted without prior agreement with us.
c) Minor deviations from quality, colour, size, weight, etc. that are customary in the trade or technically unavoidable may not be the subject of complaints. Except for any special warranty provisions, as may be defined in our offer, we shall not take on any responsibility for damage that was incurred for any of the following reasons: unsuitable or improper use, faulty installation or faulty commissioning by the buyer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, substitute materials or chemicals.
d) The performance of the resin bonded, or resin bound system could be compromised if stone is not purchased directly through RBSG Materials Ltd or our recommended suppliers. When purchasing stone elsewhere The Buyer accepts liability for ensuring that the materials are fit for purpose and are kiln dried and dust free.
e) BoundTex UVR, BoundTex Standard and BondTex have been used for resin surfaces since 2008. They are robust surfaces and, provided they are installed in accordance with the recommended installation instructions and used in accordance with the surface use and maintenance, the surfaces will last for a minimum of 15 years. If for any reason issues are experienced with any of the products supplied by RBSG Materials Limited, it is unlikely that the cause of the issue relates to the materials or resin supplied. RBSG Materials Limited is happy to attend any project to inspect a surface if an issue occurs on condition that our reasonable travel costs are met prior to the site visit. The cost of travel will be based upon the mileage rates as determined by HMRC at the time of the meeting for car travel. Should travel require any other form of transport copies of travel cost quotes will be provided to the client in advance of the visit. During the site visit if the materials are found to be at fault in any way a full refund of travel costs will be issued. Should the issue be the result of installation error any travel costs incurred will be applied as a credit to the clients account.
f) The maximum gradient upon which resin bound gravel can be applied is a 1m2 change in height over 10 linear meters in length.
g) Resin Bound Gravel Systems have a method of use and maintenance to ensure that the system remains fit for purpose. Things such as pool maintenance, allowing debris to build up within the system (including but not limited to moss) will damage the system. Additional, damage caused by car tracking and dry steering will also lead to damage of the system and the Buyer is advised to notify their clients of these factors.
10. LIABILITY AND DAMAGES
a) RBSG MATERIALS LTD T/A ONEPOINT Resin shall not be held liable for the installation of a resin bound surface not the skills of the contractor or installer.
b) We shall not be liable for defects or other derelictions of duty. Exceptions to this provision shall be damages arising from loss of life, injury or health impairments if we were responsible for the dereliction of duty, and other damages that were caused by an intentional or grossly negligent dereliction of duty on our part or a guarantee declared by us. Further exceptions shall be damages for which we are obliged to be liable in accordance with applicable Product Liability Law or which are attributable to a culpable violation of basic contractual obligations. In the latter case, our liability is restricted to foreseeable, typical damage.
c) The right of the ordering party to withdraw from the contract subject to the legal prerequisites in the event of a dereliction of duty for which we were responsible shall remain unaffected.
d) We shall not be liable for any consequential losses incurred by the Buyer in relation to the purchase or use of our equipment
e) The Buyer is responsible for the storage of Goods. The Goods must be stored in a dry environment indoors in a minimum room temperature of 12 degrees Celsius.
f) The surface is designed for normal domestic use which excludes heavy vehicles and damage caused by dry steering. If the end user of the product turns their vehicle, steering on the spot, any stones in the tyres will damage the surface. Any damage caused as a result of dry steering is not covered by the product warranty.
g) It is the Buyers responsibility to check the material they have had delivered/collected is correct prior to beginning work.
h)Due to the varying types and levels of abrasiveness of mechanical sweepers, we advise against their use and the most suitable method of debris removal from a resin bound surface is a stiff broom or leaf blower. In certain cases, a light jet wash can be used but the jet wash must not be closer than 450mm and must not have a greater pressure than 120 bar.
i) Please ensure products are disposed of correctly.
j) If thinners or water based trowel lubricants are used, any product warranty is void. Such thinners include but not exclusive to white spirit, xylene, petrol, diesel and soapy water.
k) Resin Bound Gravel Systems have a method of use and maintenance to ensure that the system remains fit for purpose. Things such as pool maintenance, allowing debris to build up within the system including but not limited to moss) will damage the system. Additional, damage caused by car tracking and dry steering will also lead to damage of the system and the Buyer is advised to notify their clients of these factors.
11. Health & Safety
a) Buyers should be aware of the potential hazards to health and safety represented in the types of goods supplied by the Seller, stored in the Seller’s premises, in transit or stored on site. The seller can accept no responsibility for damage or injury resulting from the activities of a Buyer. It shall be the Buyers responsibility to comply with any and all Regulations concerning the loading, transport and signing of any vehicle used for carrying goods or substances covered by the requirements to comply with COSHH and other Regulations. Product information literature can be supplied by the seller as requested.
12. WORKING DAYS
Working days are Monday to Thursday 0800-1700 Friday 0800-1600 and exclude Saturday and Sundays.
13. Forced Majeure
We may defer the date of delivery, cancel the contract or reduce the volume of goods and or services ordered by you (without liability to you) if RBSG Materials Ltd are unable to deliver or supply due to any cause beyond our reasonable control (including the acts or omissions of our suppliers and contractors).
These conditions and any contract or variation are governed by the law of England. Any disputes arising from these conditions or any contract or variation entered into by the company with the customer which cannot be settled in the ordinary course of business shall be referred to a single arbitrator in accordance with the arbitration act 1950 or any modification thereof for the time being in force.
This policy does not affect your statutory rights.
14. 15 Year Guarantee.
This guarantee applies to BoundTex UV and Non-UV Resin only. The guarantee does not cover installation defect or third-party materials defect. RBSG Materials Limited does not accept any liability if a defect is caused by any aggregates supplied.
a) Mechanical damage caused by moffats, skips, pallet trucks, cranes, lawnmowers or any other machinery is not covered by the product warranty.
b) Any damage caused by chemical spills such as oil, diesel, petrol, acids or other chemicals are not covered by the product warranty.
c) Failures in the system caused by poor maintenance such as allowing weed or moss growth in are not covered by the product warranty.
d) Any installations carried out that do not meet the ONEPOINT Resin specifications as a minimum is not covered by the product warranty.
e) The surface is designed for normal domestic use which excludes heavy vehicles and damage caused by dry steering. If the end user of the product turns their vehicle, steering on the spot, any stones in the tyres will damage the surface. Any damage caused as a result of dry steering is not covered by the product warranty.
15. DATA PROTECTION
a) We comply with the Data Protection Act 1998. Full information regarding how we use your data will be provided upon request.
b) Complaints in the first instance should be made to the tutor, lecturer or person in charge. If you are unhappy with the outcome then it will be taken up as per the company complaints procedure for delegates, which is available upon request. Resin Bound Surfaces Group Training Ltd will not accept complaints directly unless you have followed this process.
a) All intellectual property rights remain the property of Resin Bound Surfaces Group Ltd and any copies made of course materials, booklets or training aids or videos will be an infringement of copyright unless agreed in writing by Resin Bound Surfaces Group Ltd.