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1. Interpretation


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 or

the supply of the Services or whose order for the Goods or Services is accepted by the



“Conditions” means the standard terms and conditions of sale set out in this document and

(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 3681823) whose

registered office is at Unit 11 Network 43,Buckingham Court, Brackley, Northants NN13 7EU.



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 shall

     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 as

      to the application or use of the Goods which is not confirmed in Writing by the Seller,

     is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller

     shall not be liable for any such advice or recommendation which is not so confirmed

      in Writing.


3. Orders and Specifications


3.1 The quantity, quality and description of and any specification for the Goods shall be

      those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order

    (if accepted by the Seller).



3.2 If the goods are Customised Goods, the Buyer shall indemnify the Seller against all

     loss, damages, costs and expenses awarded against or incurred by the Seller in

      connection with or paid or agreed to be paid by the Seller in settlement of any claim

      for infringement of any patent, copyright design, trade mark or other industrial or

      intellectual property rights of any other person which results from the Seller’s use of

     the Buyer’s specification.

3.3 The Seller reserves the right to make any changes in the Specification of the Goods

     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 in the

     cost to the Seller which is due to any factor beyond the control of the Seller (such as,

     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 be

       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 uses

     to which such Goods are put in the course of normal use for the after market, the

      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 be responsible

     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 arising

    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 fair wear

     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 or

       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 , indirect or

      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: profits enjoyments business opportunity or the cost of removal of defective Goods, installation of replacement or repaired

          Goods and any rectification work or labour required in connection with such

          removal or installation.



7. General


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 business.

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 invalid

     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 hereby

    submit themselves to the non-exclusive jurisdiction of the Courts of England and


7.5 A person who is not a party to the Contract has no rights under the Contracts (Rights

     of Third Parties Act 1999) to enforce any term of the Contract but this does not affect

   any right or remedy of a third party which exists or is available apart from that Act.