Our Terms of Service
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Reval's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
Definitions: In these terms and conditions of sale:
- 'seller'
- means Reval Continuing Care Limited.
- 'buyer'
- means the person firm organisation or corporation with whom the seller contracts for the sale of the products.
- 'products'
- means products and any instalment of products or any part thereof to be supplied by the seller in accordance with these terms and conditions.
- 'conditions'
- means these terms and conditions.
- 'contract'
- means the contract for the sale and purchase of the products incorporating these terms and conditions arising from the seller's acceptance of the buyer's order.
- 'writing'
- includes facsimile transmission email and comparable means of communication.
- General
- The conditions shall be deemed to be incorporated into any contract between the seller and the buyer and shall override any terms or conditions which are inconsistent with them. These conditions are the only conditions upon which the seller transacts business. Any reference in any document forming part of or evidencing the contract (including any order design drawing specification or other similar document ) to any terms or conditions of purchase or business of the buyer shall not have the effect of incorporating any such terms or conditions in the contract.
- All quotations and orders are accepted upon the terms and conditions of these conditions and any contract between the seller and the buyer shall be created subject to the conditions. The seller shall be entitled to refuse to accept any order. No quotation estimate or tender given or made by the seller shall form an offer capable of acceptance by the buyer. A contract for sale of the products shall only be capable of being created upon acceptance in writing by the seller of the buyer's order.
- Any error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.
- Unless expressly agreed in writing, all illustrations and dimensions shown in any seller's catalogue or sales literature are approximate only and the seller gives no guarantee or representation that the products will in all cases be identical with the illustrations and dimensions. No variation to these conditions shall be binding unless agreed in writing by the authorised representatives of the seller and the buyer.
- The seller's employees or agents are not authorised to make any amendment or alterations to these conditions unless confirmed by the seller in writing. In entering into a contract the buyer acknowledges that it does not rely on and waives any claim for breach of any representations not so contained.
- Any advice or recommendation given by the seller or its representative's agents or employees as to the storage application or use of the products if acted upon is done so entirely at the buyer's own risk.
- Price Orders value added tax
- The price of the products shall be the seller's quoted price or where no price has been quoted or a quoted price is no longer valid the price listed in the seller's published price list current at the date of the acceptance of the order.
- All prices quoted are valid for 30 days only or until earlier acceptance by the buyer after which time the seller may alter them without giving notice to the buyer.
- All prices are quoted exclusive of value added tax and include the cost of packaging. Unless otherwise agreed in writing the price of the products despatched to a destination in the United Kingdom and Eire includes carriage to that destination. In certain circumstances products may be zero rated. It is the responsibility of the buyer to determine whether zero rating applies and guidance is available form the local customs and excise office.
- In the event of any alteration or amendment to an order requested by the buyer and agreed by the seller, the seller shall be entitled upon notifying the buyer to adjust the contract price to reflect such alteration or amendment. No order submitted by the buyer shall be deemed to be accepted by the seller unless and until confirmed in writing by the seller.
- The buyer shall be responsible for ensuring the accuracy of the terms of any order including any applicable specifications submitted by the buyer. The seller reserves the right to make any changes to the specifications of the products which are required to conform to any applicable safety or statutory regulations.
- No order which has been accepted by the seller may be cancelled by the buyer except with the express consent in writing of the seller and on terms acceptable to the seller. The seller reserves the right to charge a handling fee of 20% of the invoice value of the products for cancelled orders.
- It is the absolute obligation of the buyer to ensure that the products are suitable and fit for the purpose for which they are being purchased.
- Conditions and warranties
- Subject to the conditions the seller warrants that the products will correspond with the specifications and will be free from defects in material and workmanship.
- All descriptions and illustrations of the products whether in catalogues brochures or price lists provided by the seller are intended only for general guidance and do not form part of any contract for the sale of the products. No responsibility is accepted for any errors or omissions therein or for any loss or damage resulting from reliance on such descriptions or illustrations.
- All conditions warranties terms and obligations whether expressed or implied by statute common law custom or otherwise including without prejudice to the generality of the foregoing any warranty or condition as to the satisfactory quality or fitness for any particular purpose of the products are excluded to the fullest effect permitted by law.
- The seller shall be under no liability to the buyer resulting directly or indirectly from any drawing design or specification supplied by the buyer.
- If the buyer claims or detects any defect in the products the buyer shall either return the products affected to the seller at its own cost or if the products are retained indemnify the seller against all liability and claims which may arise out of or incidental to the defect. In the event of any defect becoming apparent in the products within 3 years of the delivery date, the seller shall repair or replace the products free of charge. Any part so repaired or replaced during the warranty period is warranted for the remainder of the period. Parts replaced after the original warranty period are warranted for 3 months only.
- Items of a consumable nature are not covered by the warranty period unless items have suffered undue wear as a direct result of a manufacturing defect.
- The warranty shall not apply where any defect or malfunction has in the seller's opinion arisen as a result of any modification adjustment or repair to the products made by a third party or the products have not been property serviced (evidenced by endorsement on the service log book) in accordance with the manufacturer's prescribed service procedures, been subjected to unusual physical or electrical stress, neglect, misuse or accidental damage, or any error or omission relating to the operation of the products or fair wear and tear.
- The buyer confirms that it will only use the products in accordance with specific instructions included with the packaging of the products and that the seller will not be liable in any way for any fault or defect or harm caused as a result of the buyer or its agents or servants not following the specific instructions.
- Where the products are sold under a consumer transaction the statutory rights of the buyer are not affected by these terms. 4.10 Products comprising water delivery systems are sold subject to category 3 Water Supply (Water Fittings) Regulations 1999 and Water Byelaws 2000 Scotland. If the buyer requires the products to comply with a higher category this should be stipulated on the order form.
- Delivery
- All delivery dates are approximate and the seller shall not be liable for any delay in the delivery of the products however caused. Time for delivery is an estimate and shall not be of the essence. The seller reserves the right to deliver products by instalments and in such event each instalment shall be treated as a separate contract save that the further delivery of further instalments may be withheld until goods contained in earlier instalments have been paid in full. If the contract provides for testing or inspection of the products by or on behalf of the buyer prior to delivery whether at the seller's premises or elsewhere then upon the seller giving notice of availability of the products testing and or inspection the buyer shall inspect and or test the products within 24 hours of such notice. If the buyer fails to do so or within 24 hours of the buyer having done so the buyer does not notify the seller that the products are not in accordance with the contract specifying the matters complained of then the buyer shall be conclusively deemed to have accepted that the products are in accordance with the contract and shall not be entitled to reject the products or claim damages or compensation from the seller upon any basis.
- The buyer's signature on the delivery note shall constitute acceptance of the products within the meaning of section 35 Sale and Supply of Goods Act 1994.
- If delivery is delayed at the request or due to the default of the buyer, the seller shall be entitled to recover the cost of storing the products and such cost shall be added to the invoice value of the products and payable at the same time as the price.
- At the request of the buyer the seller may in its discretion agree to provide products on loan for periods agreed by the seller. In such cases the buyer agrees to maintain such products in good condition during any loan period and to insure the same for their full reinstatement value. Title to the products shall remain with the seller.The buyer shall be solely responsible for the use and operation of the products and shall indemnify the seller in respect of the same and shall at all times during any such loan period maintain in force with a reputable insurance company appropriate insurance to cover all likely risks resulting directly or indirectly from the use of the products and shall on demand produce a copy of such insurance to the seller. The seller shall be entitled to request the return at the cost of the buyer of loan products and upon such request they shall be promptly returned. If the buyer fails to comply with such a request then the seller shall be entitled to invoice the buyer for the products at its published price rates.
- Unless otherwise stated, products stated to be ex stock or equivalent terms are subject to availability. If having used its reasonable endeavours to comply with any date or dates specified in the contract for the despatch or delivery of products to the buyer the seller is unable to do so such failure shall not constitute a breach of contract by the seller entitling the buyer to terminate the contract and or claim damages whatsoever against the seller. The seller shall be entitled to a reasonable extension of time in which to effect despatch or delivery.
- Risk and Title
- Risk of damage to or loss of the products shall pass to the buyer at the time of delivery or if the buyer wrongfully fails to take delivery of the products the time when the seller has tendered delivery of the products. Delivery shall mean the arrival of the products at the place of delivery of the buyer where delivery is by the buyer, or the safe loading of the products into the buyer's vehicle at the seller's premises where delivery is through collection at the seller's premises.
- Until such time as property in the products passes to the buyer the buyer shall hold the products as the seller's fiduciary agent and bailee and shall keep the products properly stored protected and insured against all risks. Until that time the buyer shall be entitled to resell or use the products in the ordinary course of its business but shall account to the seller for the proceeds of sale or otherwise of the products whether tangible or intangible. Until such time as property passes to the buyer in the products the seller shall be entitled at any time to require the buyer to deliver up the products to the seller and if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the products are stored or being used in order to repossess the products.
- The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the products which remain the property of the seller until payment is made in full. If the buyer does so, all monies owing by the buyer to the seller shall without prejudice to any other right or remedy of the seller forthwith become due and payable.
- Property
- Notwithstanding delivery and passing of risk in the products to the buyer, or any other provision of these conditions, the property in the products shall not pass to the buyer until the buyer has received payment in full for the products and all other products agreed to be sold to the buyer and for which payment is then due.
- Damage loss or short delivery
- Upon delivery the buyer shall examine the products for completeness or damage or defects. No claim for damage in transit, for shortage in delivery or for loss of products will be considered by the seller unless notice of the same is given to the carriers or the seller within 24 hours of the delivery of the products. The buyer shall within 7 days of the delivery submit a claim in writing giving full details of the claim. Where any loss or damage is covered by insurance then the buyer shall only be entitled to recover under any such insurance.
- The seller shall not be liable under any circumstances, whether in contract or tort, for any indirect or consequential loss or damage including without limitation loss of profits or damage to property, or for any claim against the buyer by any third party.
- The seller's liability for non-delivery or damage of products duly notified in accordance with these conditions shall be limited to the repair or replacement of the products within a reasonable time.
- Returns
- Unless products are defective the seller will not accept products returned unless previously agreed in writing and the provision of a valid return authorisation number. The seller reserves the right to make a handling charge of 20% of the value of the products returned by the buyer if they are no longer required or were incorrectly ordered. Carriage for returned items are at the buyer's expense except for warranty claims.
- Valid orders may only be cancelled in whole or in part with the prior written agreement of the seller and upon terms acceptable to the seller.
- Repairs
- Any product returned for repair under warranty must be clearly labelled detailing the fault. Whilst every care is taken of products sent for repair, the seller does not accept any liability for damage to products whilst in transit and they should be covered by appropriate insurance.
- Credit accounts
- The seller will only open credit accounts in its discretion following receipt of trade and bank references acceptable to it. The seller reserves the right to withdraw credit accounts without notice and without giving any reason.
- Terms of payment
- If the buyer has credit facilities with the seller the price for products and or services shall be paid by the buyer within 30 days of the date of the relevant invoice. If no credit facilities have been agreed then the price of products shall be paid by the buyer on a pro forma basis with funds being cleared prior to the despatch of an order.
- In the event of non-payment the seller without notice reserves the right to charge interest on any outstanding balance owed by the buyer at the rate of 4% per annum above the base rate of HSBC plc from time to time in force from the time when payment became due. The seller shall in addition be entitled to recover from the buyer all its reasonable costs and expenses incurred on an indemnity basis in seeking recovery of all payments due.
- Liability and Exclusions
- The seller shall not be liable for any consequential loss of profits or special loss arising out of any breach of its obligations to the buyer and the seller's liability for any such breach in respect of the products shall be limited to the net invoice value of the products or at its discretion the replacement of the products.
- The seller accepts no liability in respect of any representation made by the seller or its agents or employees to the buyer or the buyer's agents before the order was accepted.
- All implied terms or conditions and warranties whether statutory or otherwise as to the correspondence of the products to any description or satisfactory quality of the products or the fitness of the products for any purpose whatsoever whether made known to the seller or not are hereby excluded from the order.
- The seller does not seek to exclude liability for death or personal injury caused by the seller's negligence nor where the buyer deals as a consumer within the meaning of section 12 Unfair Contract Terms Act 1977 to exclude liability for breach of the obligations arising from sections 2-5 and 13-15 of the Supply of Goods and Services Act 1982.
- Force majeure
- The seller shall not be liable to the buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the products if the delay or failure was due to any cause beyond the seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond its control:act of god, explosion, flood, tempest, fire or accident, war, threat of war, sabotage, insurrection, civil disturbance, acts of governments, import or export restrictions or regulations, strikes, lockouts, or other industrial actions or disputes whether involving employees of the seller or third parties, difficulties in obtaining raw materials and supplies, power and machinery failures, theft.
- Applicable Law
- These conditions shall be governed and construed in accordance with English law and the seller and the buyer agree to submit to the exclusive jurisdiction of the English courts.
- Designs drawings specifications and other data
- The buyer shall be solely responsible for the accuracy of its designs drawings specifications and other data supplied to the seller by the buyer its employees or agents and in conformity with which the seller is to manufacture the products notwithstanding that the seller may have examined inspected studied or commented to the buyer upon any such designs drawings specifications or other data.
- Where the products are to be maintained in accordance with designs drawings specifications and other data supplied by the buyer then provided that the products are so manufactured the seller shall not be liable to the buyer in contract or tort including negligence or breach of statutory duty for any loss or damage which the buyer may suffer because the products subsequently prove to be unsuitable for the purpose or purposes for which the buyer required them or prove not to be satisfactory quality within the Sale of Goods Act 1979 or any other loss or damage which the buyer may suffer whether in contract or tort including negligence and breach of statutory duty or otherwise whatsoever.
- Health and Safety
- The seller shall not be liable to the buyer in any civil proceedings brought by the buyer against the seller in respect of breach of or under any health and safety regulations orders or directions made pursuant to the Health and Safety at Work Act or under any other directive regulation order or other instrument relating to health and safety where such exclusion of liability is permitted by law.
Contact us |
Arrange a visit