RADICOOL FABRICATIONS LIMITED
STANDARD TERMS AND CONDITIONS OF SALE
In these Conditions the following words have the following meanings:-
“Buyer” means the person who accepts the Seller’s quotation for the sale of the Goods
the supply of the Services or whose order for the Goods or Services is accepted by
“Conditions” means the standard terms and conditions of sale set out in this document
(unless the context otherwise requires) includes any special terms and conditions
agreed in writing
between the Buyer and the Seller.
“Contract” means the contract for the purchase and the sale of the Goods and the
supply of the Services.
“Goods” means the goods which the Seller is to supply in accordance with these Conditions.
“Seller” means Radicool Fabrications Limited (registered in England under number
registered office is at Unit 11 Network 43,Buckingham Court, Brackley, Northants
2. Basis of the Contract
2.1 These conditions shall apply to the exclusion of any other terms and conditions
including those supplied by the Buyer and acceptance of delivery of the Goods
be deemed to constitute unqualified acceptance of these Conditions.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between
the authorised representatives of the Seller and Buyer.
2.3 Any advice or recommendation given by the Seller or its employees to the Buyer
to the application or use of the Goods which is not confirmed in Writing by
is followed or acted upon entirely at the Buyer’s own risk, and accordingly
shall not be liable for any such advice or recommendation which is not so confirmed
3. Orders and Specifications
3.1 The quantity, quality and description of and any specification for the Goods
those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s
(if accepted by the Seller).
3.2 If the goods are Customised Goods, the Buyer shall indemnify the Seller against
loss, damages, costs and expenses awarded against or incurred by the Seller
connection with or paid or agreed to be paid by the Seller in settlement of
for infringement of any patent, copyright design, trade mark or other industrial
intellectual property rights of any other person which results from the Seller’s
the Buyer’s specification.
3.3 The Seller reserves the right to make any changes in the Specification of the
which are required to conform with any applicable statutory requirements or,
where the Goods are to be supplied to the Buyer’s specification, which do not
materially affect their quality or performance.
4. Price of the goods and services
4.1 The price of the Goods and the Services shall be the Seller’s quoted price.
4.2 The Seller reserves the right, by giving notice to the Buyer at any time before
delivery, to increase the price of the Goods or Services to reflect any increase
cost to the Seller which is due to any factor beyond the control of the Seller
without limitation, significant increase in the cost of labour, material or
other costs of
4.3 The price is exclusive of any applicable value added tax, which the Buyer shall
additionally liable to pay to the Seller.
5. Terms of payment
5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller,
payment should be made either prior to despatch of the Goods or within 30 days
thereof as agreed between the Buyer and the Seller.
6. Warranties and Liabilities
6.1 In accordance with the industry custom and practice and having regard to the
to which such Goods are put in the course of normal use for the after market,
Goods must be for off-road, racing and competition purposes. If the Buyer uses
the Goods for road use this is at their discretion and the Seller will not
for any defects or faults that arise.
6.2 Subject to other provisions of these Conditions the Seller warrants that
6.2.1 The seller shall be under no liability in respect of any defect in the Goods
from any drawing, design or specification supplied by the Buyer.
6.2.2 The Seller shall be under no liability in respect of any defect arising from
and tear, wilful damage, negligence, incorrect fitting or abnormal working
conditions such as excessive vibration or over-pressurization.
6.3 All Goods that are returned within the warranty period of 90 days will be examined
by Radicool only, and where any fault is deemed to be a manufacturing fault
defect the Goods will be repaired or replaced free of charge. Radicool’s decision
will be final and they will not accept third party opinions.
6.4 The seller shall not be liable for loss of profits or any type of special ,
Consequential loss which falls into the following categories:
6.4.1 Special damage even though the Seller was aware of the circumstances in which
such special damage could arise or
6.4.2 loss of:
22.214.171.124 business opportunity or
126.96.36.199 the cost of removal of defective Goods, installation of replacement or repaired
Goods and any rectification work or labour required in connection with
removal or installation.
7.1 Any notice require to be given by either party to the other under these Conditions
shall be in Writing addressed to that other party at its principal place of
7.2 No waiver by the Seller of any breach of the Contract by the Seller shall be
considered as a waiver of any subsequent breach of the same or any other provision.
7.3 If any provision of these Conditions is held by any competent authority to be
or unenforceable in whole or part the validity of the other provisions of these
Conditions and the remainder of the provisions in question shall no be affected
7.4 The contract shall be governed by the laws of England and the Seller and the
submit themselves to the non-exclusive jurisdiction of the Courts of England
7.5 A person who is not a party to the Contract has no rights under the Contracts
of Third Parties Act 1999) to enforce any term of the Contract but this does
any right or remedy of a third party which exists or is available apart from