Terms of service
TERMS & CONDITIONS
In these conditions the following terms shall have the following meanings:
'Company' means Simpson Detour inc Red Fox
'Customer' means any legal person or body corporate whose Order is accepted by the Company
'Contract' means any contract for the supply of Goods or Services by the Company to the Customer
'Services' means any services forming the subject of this contract
'Goods' means any goods forming the subject of this contract including parts and components of or materials incorporated in them
2. Quotations by the Company unless otherwise stated in them shall be open for acceptance in 30 days of the date of the quotation, unless otherwise stated in writing.
EXISTENCE OF CONTRACT
3.1 No Contract shall come into existence until the Customer's order (however given) is accepted by the earliest of the Company's written acceptance delivery of the Goods or the Company's invoice.
3.2 These conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by the Customer.
3.3 No variation or amendment of this document or oral promise or commitment related to it shall be valid unless committed to writing and signed.
4.1 The Prices for the Goods are ex-works and packed, excluding insurance, carriage, current rate of VAT and any other taxes or duties unless otherwise stated in writing. Prices invoiced are calculated in respect of the quantity of Goods actually delivered.
4.2 The Company shall have the right to adjust its prices for any increase in the price of materials, parts, labour, and transport, changes in work of delivery schedules or quantities or any other costs of any kind arising for any reason after the date of the Contract.
4.3 Price clauses shall take immediate effect on orders placed on or after the date of notice of the change.
4.4 Errors and Omissions Excepted in all areas.
4.5 Delivery charges will be charged for each individual or partial shipment.
5.1 All invoices are payable without discount of any kind in pounds sterling on or before the due date accordingly to the agreed payment terms, 30 days standard and any other only agreed in writing otherwise and in no circumstances shall the Customer be entitled to make any deduction or withhold payment for any reason at all.
5.2 If the Customer fails to pay the invoice price by the due date the Customer shall not be allowed any new orders to be accepted, unless under dispute in writing within 7 days from invoice date and any expenses (including legal costs) incurred in the collection of any overdue amount.
5.3 All payments are to be made on or before the due date then the Company shall be entitled to without prejudice to any of its rights under those conditions charge interest on the then outstanding amount at the rate of 1.5% (one and a half per cent) per month or part of a month until the date of payment after as well as before any judgement.
5.5 All payments are to be made on or before the due date as a condition precedent to future deliveries and where the Goods are delivered in instalments payment for each instalment shall be a condition of delivery of subsequent instalments.
5.4 Except in the case of Card Payment or PayPal payment where the transaction is instant. This applies to any order placed by a customer, unless alternative payment terms have been agreed for Trader or Wholesaler Terms.
5.5 Any special order, meaning items that are not classified as in stock as a rule and is a special order for manufactured items. In-stock items are classified and clearly identified as standard colour stock such as Light or Dark Tint, Iridium Silver, Black or Carbon Look and some other products which the Company reserve the right to include or discontinue without notice.
5.6 The Company reserve the right to change the specification without prior notice.
5.7 All payments must be made without deduction of any kind.
6.1 For the purpose of section 12 of the Sale of Goods or Services Act 1979 the Company shall transfer only such title or rights in return for full payment. Notwithstanding the earlier passing of risk title in the Goods or Services shall remain with the Company and shall not pass to the Customer until the amount due under the invoice has been paid in full.
6.2 Until title passes the Customer shall hold the Goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the company.
6.3 The Company may at any time before title passes and without any liability to the Customer - repossess and dismantle and use or sell all or any of the Goods or Services and by doing so terminate the Customer's right to use, sell or otherwise deal in them and (for that purpose or determining what if any Goods are held by the Customer and inspecting them) enter any premises of or occupied by the Customer.
6.4 The Company may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Customer.
RISK, DELIVERY AND PERFORMANCE
7.1 The Goods or Services are delivered to the Customer when the Company makes them available to the Customer or any carrier (who shall be the Customer's agent whoever pays its charges) at the Company's premises or other delivery point agreed by the Company.
7.2 Risk in the Goods or Services passes when they are delivered to the Customer.
7.3 The Company may at its discretion deliver the Goods by instalments in any sequence.
7.4 Where the Goods are delivered by instalments, no default or failure by the Company in respect of any one or more instalments shall vitiate the Contract in respect of the Goods previously delivered or undelivered Goods or Services.
7.5 Any dates quoted by the Company for the delivery of the Goods and performance of the Services are approximate only and shall not form part of the Contract and the Customer acknowledges that in the performance expected of the Company.
7.7 If the Customer fails to take delivery of the Goods or any part of them and on the service provided, it is the Customer who must provide notice of the failure and in the primary case the risk of the Goods shall pass to the customer, delivery of the Goods shall be deemed to have taken place, if a proof of delivery signature can be provided by the advised delivery company the Customer shall pay to the Company all costs and expenses.
7.8 The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract.
8.1 Any claim that any Goods have been delivered damaged, incomplete orders are not of the correct quantity or do not comply with their description shall be notified by the Customer to the Company in 7 days of their delivery.
8.2 Any alleged defect shall be notified by the Customer to the Company in 7 days of the delivery of the Goods or in the case of any defect which is not reasonably apparent on inspection within 3 days of the defect coming to the Customer's attention and in any event in the following periods:
For Goods manufactured by the Company 12 months from the date of delivery;
For Goods not of the Company's direct manufacture the warranty period given by the manufacturer.
8.3 Any claim under this condition must be in writing and must contain full details of the claim including the reference numbers of any allegedly defective Goods.
8.4 The Company shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the Customer shall if so requested in writing by the Company promptly return any Goods or Services the subject of any claim and any packing materials securely packed and paid to the Company for examination.
8.5 The Purchaser shall not be entitled to return Goods supplied for credit except by special arrangement confirmed by the Company. A Return Number must be obtained from the Company to authorised return of the goods for inspection and decision on the complaint raised. Decisions of the Company are final and without contracting Customer Statutory Rights as described under the Act in force at the time by England and Wales Laws.
8.6 The Company will consider returns for re-stocking at a cost advised at the time of return. The Goods must be in a resalable condition, in original packing supplied by the Company.
8.6 The Company shall have no liability with regard to any claim in respect of which the Customer has not complied with the claims procedures in these conditions.
SCOPE OF CONTRACT
Under no circumstances shall the Company have any liability of whatever kind for:
9.1 Any defects resulting from wear and tear, accident, improper use by the Customer or use by the Customer except in accordance with the instructions or advice of the Company or the manufacturer of any Goods or Goods or neglect or from any instructions or materials provided by the Customer
9.2 Any Goods which have been adjusted, modified or repaired except by the Company
9.3 The suitability of any Goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company
9.4 Any substitution by the Company of any materials or components not forming part of any specification of the Goods or services agreed in writing by the Company
9.5 Any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions submitted by the Company contained in the Company's catalogues, price lists, internet shop or elsewhere since they are merely intended to represent a general idea of the Goods and not to form part of the contract or to be treated as representations.
9.6 Any technical information, recommendations, statements or advice furnished by the Company its servants or agents not given in writing in response to a specific request from the Customer before the Contract is made, or
9.7 Any variations in the quantities or dimension of any Goods or changes of their specifications or substitution of any materials or components; if the variation or substitution does not materially effect the characteristics of the Goods, and the substituted materials or components are of a quality equal or superior to those originally specified.
9.8 The Company reserves the right to withdraw a product or change the specification without prior notice at any time.
EXTENT OF LIABILITY
10.1 The Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any way of or in connection with the performance of or failure to perform the Contract except for death or personal injury resulting from the Company's negligence, and expressly stated in these conditions, when proven by a Court of Law in the Great Britain.
10.2 If the Customer establishes that any Goods have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description the Company shall, at its option, replace with similar Goods which are missing, lost or damaged or do not comply with their description, allow the Customer credit for their invoice value or repair any damaged Goods.
10.3 If the Customer establishes that any Goods are defective the Customer must return those Goods forthwith with a reference return number provided by the Company for full traceability, which will be replaced or compensated at the Company's discretion and according to manufacturer's warranty. If the Goods can not be replaced within 3 months of the Company's receipt thereof the Company may credit the Customer in part or in full at its own discretion.
10.4 The delivery of any repaired or replacement Goods or Services shall be at the Company's premises or other delivery point specified for the original Goods or Services.
10.5 Where the Company is liable in accordance with this condition in respect of only some or part of the Goods the Contract shall remain in full force and effect in respect of the other or other parts of the Goods and no set-off or other claim shall be made by the Customer against or in respect of such other or other parts of the Goods.
10.6 No claim against the Company shall be entertained for any defect arising from any design or specification provided or made by the Customer or if any adjustment's, alterations to other work has been done to the Goods by any person except the Company.
10.7 In the event the Purchaser or Third Party attempt to carry out remedial work on the Goods the Company shall be released of all obligations.
10.8 The Company shall not be liable where any Goods where the price of which does not include carriage are lost or damaged in transit and all claims by the Customer shall be made against the carrier. Replacements for such or lost or damaged Goods, if available, are supplied by the Company at the prices ruling at the date of despatch.
10.9 In no circumstances shall the liability of the Company to the Customer under this condition exceed the invoice value of the Goods or Services.
10.10 The Company does not exclude its liability for death or personal injury.
10.11 Any clause above shall not deprive a Purchaser dealing as a consumer pursuant to Section 12 of the Unfair Contract Terms Act 1977 of his statutory rights.
LIMITATION OF LIABILITY
Without prejudice to sub-clauses in clause 10 above the amount or any damages recoverable by the Purchaser from the Company for breach of Contract or negligence shall be limited to the invoice price of the Goods purchased.
12.1 The Company may sub-contract the performance of this Contact in whole or in part.
12.2 The Company shall have a lien on Customer's property in the Company's possession for all amounts due at any time from the Customer and may use, sell or dispose of that property as agent for and at the expense of the Customer and apply the proceeds in and towards the payment of such amounts on 28 days' notice in writing to the Customer. On accounting to the Customer for any balance remaining after payment of any amounts due to the Company and the costs of sale and disposal the Company shall be discharged of any liability in respect of the Customer's property.
12.3 The Company may at its discretion suspend or terminate the supply of any Goods if the Customer fails to make any payment when and as due or otherwise defaults in any its obligations under this Contract or any other contract with the Company or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or the Company shall be discharged of any liability in respect of the Customer's property.
12.4 If the Goods or Services are manufactured in accordance with any design or specification provided or made by the Customer the Customer shall compensate the Company in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged that the design or specification infringes the rights of any third party.
12.5 Except for any which is expressly agreed to be included in the Goods and Services all tools, patterns, materials, drawings, specifications and other data provided by the Company shall remain its property and all execution of any orders shall become the property of the Company.
13. The Customer shall not at any time whether before or after the termination of this Contract divulge or use any unpublished technical information deriving from the Company or any other confidential information in relation to the company's affairs or business method of carrying on business.
14. Orders for Goods or Services which have to be made especially for the Customer will be charged in full unless it is noticed within 24 hours of the accepted order as quoted in the Order Confirmation and that manufacture of them or any components for them has not commenced at the date of that notice. Orders for stock items may be cancelled by any means notice at any time before the Goods have been assigned to the Contract and prior to packing.
15. The Company shall not be liable for any act or omission arising which shall render performance of the Contract impossible such as civil strife, lack of energy, or raw materials, sabotage, strikes, legitimate lookouts and all other interruptions of operations beyond the Company's obligation or shall in any way have the effect of frustrating the common cause where such act or omission is beyond the control of either the Company or the Customer or was not reasonably foreseeable by them. Such acts or omissions shall have the effect of automatically terminating the contract. In the event that an occurrence last more than 6 (six) weeks either party shall be entitled to cancel the contract without further notice, without incurring any liability for loss or arising there from.
LAW AND JURISDICTION
16. These Terms and Conditions shall in all respects be construed and interpreted in accordance with the Law of Contract in England, United Kingdom not withstanding the effect of the law of the European Union. Where the Company and the Customer have contracted to perform in England and Wales or Scotland the competent Court of Jurisdiction shall be the High Court of England. Where the Customer is resident in the European Union or EFTA, the Company may at its absolute discretion nominate the Court of the Customer's member state to be the Court of competent jurisdiction under the Brussels Convention. Where the Customer is resident elsewhere the Company shall possess the absolute discretion as to the competent court or jurisdiction.
17. Any notice given under this Contract shall be in writing and may be served personally, by registered or recorded delivery mail, facsimile transmission or by authenticated email, by any other means which any party specifies by notice to the other.
A notice shall be deemed to have be served:
- if it was served in person, at the time service,
- if it was served by post, the day after the day after posting,
- if it was served by facsimile transmission, at the time transmission.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
18. The documents and related graphics published on this web site could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company may make improvements and/or changes in the product(s) or specifications described herein at any time without notice.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
19. In no event shall the Company be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.
NOTICES REGARDING LINKS TO EXTERNAL WEB SITES
20. The Company makes no representations whatsoever about any other web site which you may access through this one. When you access any other site, please understand that it is independent from the Company and that the Company has no control over the content on that web site. In addition, a link to a site does not mean that endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
In no event will the Company be liable to any party or any direct, indirect, special or other consequential damages for any use of this Web site, or on any other hyperlinked Web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
21. All rights, including copyright, in the content of these Web pages are owned or controlled for these purposes by the Company.
In accessing the Company's web pages, you agree that you may only download the content for your own personal use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of these Company web pages for any other purpose whatsoever without the prior written permission of the Company.
22. The Company's name and the Company's Logo, are trademarks of the Company and may not be used or referred to or linked to or in any way unless linked by associations in writing and absolutely without rights not expressly granted herein are reserved.
23. The Company reserves all trade mark rights, patent rights, copyrights, registered designs, unregistered design rights and all other intellectual property rights embodied in plans, quotations, drawings, samples or in any other technical documentation and in all Goods and materials produced by the Company. These items shall neither be reproduced nor made available to any other third parties without the Company's prior written authority.
DATA PROTECTION ACT 1998
24.1 The Company is registered under the Data Protection Act 1998.
24.2 The Company may consult or register information about the Purchaser and the conduct of the Purchasers' account with a licensed credit reference agency. The Company may also consult a licensed credit agency about any credit information that they hold on the Purchaser, or the Purchaser's principle directors. The Company will keep a record of that Search either on computer or manual records.
24.3 As parts of its marketing policy the Company may send to the Purchaser from time to time details of its products and services. It may also transmit the Purchaser's personal details to its affiliates for the same purpose. If the Purchaser does not wish to receive these details, or to have personal details passed to affiliates then contact must be made with the Company to have their details removed.
25. The purchaser has a statutory right to cancel their order and receive a full refund on any mail order purchase, excepting Special Orders. Goods proving unsuitable may be returned to the Company for refund or exchange provided they are returned to the Company within 7 days of receipt. Subject to the following conditions:
Return of goods must be pre-authorised by the Company. Unauthorised returns cannot be processed
- No refund or exchange will be given.
Special Orders (items not normally held in stock (i.e. all screens and lenses except dark and light tint) by the Company or advised as being a special order at time of order) may only be returned if goods are faulty or were supplied incorrectly.
Once a return of goods has been authorised by the Company a returns note will be posted/faxed/emailed to the customer. This form must be completed in full and included with returned items.
Only goods with a valid returns number clearly marked on the outer packaging will be accepted.
Please state clearly on returns forms exactly what action you wish the Company to take.
Items must be received in a resalable condition.
Items must be returned complete with their original packaging, labelling and with any accessories, manuals or other documentation provided. The Company reserve the right to levy a charge to replace damaged/defaced product packaging.
In the case of items returned as "faulty" by the customer, if no fault is found with this product, it will be returned to the customer, at their cost.
Returns will only be processed when goods are in the possession of The Company.
Items returned to The Company after 7 days of receipt are subject to a restocking charge of 25%. This does not affect your statutory rights.
The Company cannot accept responsibility for returned parcels that are undelivered. Customer must retain proof of postage, as this may be required in the event of a claim with their carrier.
The Company are not responsible for any labour charges incurred during fitment or removal of allegedly faulty or incorrectly supplied parts or any other consequential loss.
The Company must be notified of any shortages in your order or any damage caused by carriers within 7 days of receipt. Regrettably beyond this time, due to circumstances outside of our control, The Company may be unable to process your claim.
The Company will refund the cost (up to the maximum value of price in force at time of return) of carriage for returned items that are faulty or have been incorrectly supplied.
The Company will not refund carriage costs for any item that the customer deems unsuitable.
26. Applicants must be over 18 years of age
Entrants must be a registered Member of our site and login in to enter the competition.
The Company's decision on winning entries is final. No correspondence will be entered in to regarding any considered dispute.
Employees of The Company and/or associated companies, organisations are prohibited from entering the competitions.
Winners will be notified by any form of communication method and within 7 days of competition closing date, as stated.
Prizes are non-exchangeable for cash or other products, they have no value other than £0.01p.
Products of The Company will be provided at our discretion and complying with their current specification, design or colour and in accordance with their declarations above. The return policy must be adhered too in the event of an issue arising.