Terms and Conditions
In this document the following words shall have the following meanings:
- “Buyer” means the organisation or person who buys Goods
- “Goods” means the articles to be supplied to the Buyer by the Seller;
- “Intellectual Property Rights” means all patents, registered
and unregistered designs, copyright, trademarks, know-how and all other forms
of intellectual property wherever in the world enforceable;
- “Seller” means Dave Roper Ltd, Unit 8, Foley Business Park,
Stourport Road, Kidderminster, Worcestershire, DY11 7PG
- These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. See Appendix 1.
III. Price and Payment
- The price shall be the Recommended Retail Price less agreed discount, unless otherwise agreed in writing between the parties. The price is exclusive of VAT or any other applicable costs.
- Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller.
- Where credit is offered payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before release of goods by the Seller.
- The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2 per cent per annum above the base rate of the National Westminster Bank
- If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
- require payment in advance of delivery in relation to any Goods not previously delivered;
- refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties here to accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
- Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
- Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 48 hours of signed receipt to enable replacement or refund.
- Please head to DPD website to see dates which they are closed and not delivering. http://www.dpd.co.uk/content/about_dpd/delivery_schedule.jsp
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Safety Data sheets are available to the buyer at any time.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
IX. Return of unused goods
- All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
- Any returns must be authorised by a representative of the Seller before any credit will be given.
- Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way. The Seller will only accept returns that appear in the Sellers current Publication List.
- Credit of amounts due or paid in will only be given for goods that are in saleable condition.
Limitation of liability
- The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
- The Buyer is responsible for ascertaining whether any goods meet specific requirements pertaining to dimensions, access and usage.
- Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
- No claim may be sought against The Seller for loss of earnings or production time as it remains the responsibility of the Buyer to ensure that wherever possible minimum downtime is required.
- Warranty will be void upon notification of parts being used or repairs being carried out by unauthorised third parties.
- Installation of goods will take place only when the pre-install sheet has been read, agreed, amended where necessary and signed by both parties. In situation where this sheet is not available, installation going ahead will become assumed agreement of the specification discussed.
XI. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
XII. Relationships of Parties
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
XIII. Assignment and sub-contracting
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller. In the case of goods manufactured and despatched by M & R Companies, separate Warranty including terms & conditions are available on request.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and theremainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
XVI. Governing law and jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
A deposit of 30% (cleared funds) is required along with a written order before an order can be processed, and the balance must paid (cleared funds) before any goods can be dispatched. Once your written order along with your deposit has received and cleared through the bank by D Roper ltd, should you then decide to cancel part or all of your order you will lose your deposit, and if the cancelled goods cannot be resold or returned within a short period of time you will become liable for the full balance. You will not be allowed to cancel an order for a new machine under any circumstances. you do have a 30 day cooling off period with all deposits and payments made. After this time the above rules are in place.
All goods shall be plus delivery and installation unless otherwise stated. You shall be responsible for any lifting of equipment required to move the machine to its final location. All machinery will be delivered to a ground floor accessible area. If lifting equipment is not in place at the time of delivery and if any of the machine has to be dismantled to gain access then a charge of £50 per hour plus overnight expenses if required will be levied.
All airlines and compressors, gas lines and electrical requirements should be in place on delivery, and a qualified person to connect said requirements after installation is completed. Failure to have these in place will result in a £50 per hour and overnight expenses levy.
Should our engineer not be able to commission the machine due to lack of electricians or corgi registered personal being on site, an additional charge will apply.
D Roper Ltd cannot be held responsible for late delivery when a third party delivery company is used.
Warranties on used machinery unless otherwise stated is 30 days, not including belts, elements, radiant panels or any bulbs of any description.
Warranties on new machinery, as stated by the manufactures conditions, all available upon request.
All second hand machinery is sold as seen, it is down to you the customer to ensure that the machinery is fit for your purpose. If the equipment is not fully inspected/viewed by you the customer before the delivery then it is sold as seen. Therefore d roper ltd will not repair or replace any damaged components. second hand presses will be sold with the reflective number of pallets. These pallets will be sold as seen and at the size as stated or seen.
All second hand equipment supplied by D Roper Ltd should be inspected by a qualified electrician on your own premises or before installation. D Roper Ltd accepts no responsibility for any claim on electrical faults.
We may change this policy from time to time by updating this page. You should check this page to ensure you are happy with any changes.
Any disagreement or breach of contract shall be dealt under by English law regardless of which country the customer is situated in.
If you are ordering within the EU, you will automatically be charged 20% VAT. Please note that if you do have a vat registration number, please call our office on 01562 829 009 to obtain a promotional code to refund the VAT.
We use a courier service where appliciable, all goods must be signed for on delivery.
If you order by 1.30pm your goods will usually be delivered next working day.
D Roper Ltd. cannot be held responsible for situations beyond our control in terms of the courier service we use. please note that our courier cannot
guarantee next day delivery due to unforeseen circumstances.
If you delivery has failed a card will be left with you from the courier, please contact the number attached for re- delivery options. failure to do so will result in your parcel being returned to us, subsaquently you will be charge to re-send said parcel.
Damaged or opened cartons must be inspected on delivery, and must be checked or refused at this point. any goods found to be damaged and that have been delivered by our courier that you have signed for must be reported to us with a photo of said damage within 24 hours. Failure to abide by these actions will result in D Roper Ltd. not being responsible for any damaged goods.
Any short deliveries must be reported to d roper ltd within 3 working days.
A deposit of 30% (cleared funds) is required along with a written order before an order can be proccessed, and the balance must paid (cleared funds) before any goods can be despatched. once your written order along with your deposit has recieved and cleared through the bank by d roper ltd, should you then decide to cancel part or all of your order you will lose your deposit, and if the cancelled goods cannot be resold or returned within a short period of time you will become liable for the full balance. you will not be allowed to cancel an order for a new machine under any circumstances. you do have a 30 day cooling off period with all deposits and payments made. After this time the above rules are in place.
Orders placed via telephone, mail, e- mail or via the website may be cancelled, however if we have already shipped your order it becomes your responsibility to pay for the subsequent delivery.
Returns & refunds policy
You must produce or report the faulty or damaged goods within 30 days of receipt to enable us to inspect said goods, at which point we will issue you a replacement or repaired item, or a full refund if so desired. No claim of faulty or damaged goods will be considered after this period of 30 days or if the preceding returns procedure is not followed.
Finance on Automatics
Finance repayments will include balloon payment.
Payments are made weekly or monthly.
All necessary checks must be taken before customer is eligible for finance.
Other terms and conditions may apply.