Terms and Conditions
TERMS AND CONDITIONS
In these terms and conditions references to:
(a) “us” and “we” means Red Arrow Electrical Distribution Limited (a company incorporated in England and Wales with registered number 11925771 and having its registered office situated at Cortonwood Drive, Brampton, Barnsley, S73 0UF.) and any member of its group from time to time; and references to “our” shall be construed accordingly.
(b) “you” means the person, firm or company who purchases any goods from us; and references to “your” shall be construed accordingly.
This page (together with the documents
referred to on it) tells you information about us and the legal terms and
conditions ("Terms") on which we sell to you any of the goods
("Goods") listed on our website ("our site") or listed in
our catalogues.
These Terms will apply to any contract between us for the sale of Goods to you ("Contract") to the exclusion of all other terms and conditions. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from us.
Please note that before placing an order
via our site you will be asked to agree to these Terms. If you refuse to accept
these Terms, you will not be able to order any Goods from our site and we will
be under no obligation whatsoever to supply any Goods to you.
Please note that before placing an order by email, by text, by fax, by telephone or in person you will be asked to agree to sign, date and return a copy of these Terms to us. If you refuse to accept these Terms, we reserve the right to reject any order placed by you unless and until we receive from you your signed and dated acceptance of these Terms, we shall be under no obligation whatsoever to supply any Goods to you.
By using our site, you irrevocably and
unconditionally: (i) confirm to us that you accept these terms and conditions
without any amendment or modification; and (ii) agree with us to fully comply
with them. By using our site, you are deemed to have provided us with your
signed and dated written acceptance of these Terms.
We amend these Terms from time to time
as set out in clause 6. Every time you wish to order Goods, please check these
Terms to ensure you understand the terms which will apply at that time. These
Terms were most recently updated on 7th January 2021.
You should print a copy of these Terms
for future reference.
1. INFORMATION ABOUT US
1.1. We
operate the site www.redarrowelectrical.co.uk We are Red Arrow Electrical
Distribution Limited, a company registered in England and Wales under company
number 11925771 and with our registered office and main trading address as
Cortonwood Drive, Brampton, Barnsley, S73 0UF.
1.1.1. You
may contact the Red Arrow team by telephoning our office on 0114 279 8999 or
0800 195 0006 or by e-mailing us at sales@redarrowelectrical.co.uk Our office
hours for enquiries are as follows: (i) Monday to Thursday 07:00 to 19:00; and
(ii) Friday 07:00 to 17:00.
1.1.2. If
you wish to give us formal notice of any matter in accordance with these Terms,
please see clause 16.
1.1.3. If
we have to contact you or give you notice in writing, we will do so by e-mail
or by pre-paid post to the address you provide to us in your order.
2. OUR GOODS
2.1. The
information and images contained within our site, catalogues and brochures are
provided in respect of the Goods are for description purposes only and shall
not form part of any contract or give rise to any liability by the company. It
is part of company policy to improve and develop products and accordingly the
company reserves the rights to change specifications without prior
notification. If you are in any doubt as to the precise nature of the Goods you
wish to order, you are advised to confirm the details with our office.
2.2. The
packaging of the Goods may vary from that shown on images on our site.
2.3. All
Goods shown on our site are subject to availability and we reserve the right to
change the design and/or specification of the Goods at any time without prior
notification as clause 2.1. We will inform you by e-mail as soon as possible if
the Goods you have ordered are not available or if the design and/or
specification of the Goods have changed since the date you place your order
with us in accordance with clause 5.5.
3. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in
accordance with GDPR and our Privacy Policy a copy of which is available online
or upon request. Please take the time to read our Privacy Policy, as it
includes important terms which apply to you.
4. AUTHORITY TO BIND
4.1. You
confirm that you have authority to bind any business, partnership, sole
proprietor, company or other third party on whose behalf you use our site or
otherwise place an order to purchase Goods.
4.2. These
Terms (and any document expressly referred to in them) constitute the entire
agreement between you and us and supersede and extinguish all previous
agreements, promises, assurances, warranties, representations and
understandings between, whether written or oral, relating to its subject
matter.
4.3. You
acknowledge that by entering into this Contract you do not rely on any
statement, representation, assurance or warranty (whether made innocently or
negligently) that is not set out in these Terms (or any document expressly
referred to in them).
4.4. You
and we agree that neither of us shall have any claim for innocent or negligent
misrepresentation based on any Statement in the Contract.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1. If
you place an order through our site, our product, basket and checkout pages
will guide you through the steps you need to take to place an order with us.
Our order process allows you to check and amend any errors before submitting
your order to us. Please take the time to read and check your order at each
page of the order process. You can also place an order by: (i) emailing your
order to Sales@redarrowelectrical.co.uk; (ii) contacting us by telephone on
0800 195 006 or 0114 279 8999 to place your order; or (iii) speaking with us in
person face to face with one of our representatives to place your order.
5.2. After
your order has been processed on our system, you will receive an e-mail from us
acknowledging that we have received your order. However, please note that this
does not mean that your order has been accepted. Our acceptance of your order
will take place as described in clause 5.3.
5.3. We
will confirm our acceptance to you by sending you an e-mail that confirms that
the Goods have been dispatched ("Order Confirmation"). The Contract
between us will only be formed when we send you the Order Confirmation. We will
not send you an Order Confirmation unless and until we are satisfied that you
will have received your signed and dated written acceptance of these Terms.
5.4. These
Terms should be read and construed in conjunction with any terms set out in the
Order Confirmation. Where there is any inconsistency between these Terms and
any term set out in the Order Confirmation, the relevant term set out in the
Order Confirmation will prevail.
5.5. If
we are unable to supply you with Goods, for example because those Goods are not
in stock or no longer available or because we cannot meet your requested
delivery date or because of an error in the price on our site as referred to in
clause 10.8 or if the design and/or specification of the Goods have changed or
for any other reason, we will inform you of this by e-mail and will advise you
of similar Goods available together with prices (the “Alternative Goods”). You
can then either confirm you are happy to place an order for the Alternative
Goods (and we will proceed to process your order for the Alternative Goods) or
you can cancel your order. If you cancel your order and you have already paid
for the Goods, we will refund you the full amount including any delivery costs
charged as soon as possible.
5.6. Any
quotation that we provide to you shall remain valid for a period of 30 days
only and provided that we have not previously withdrawn it by notifying you
either by telephone, email or in person.
6. OUR RIGHT TO VARY THESE TERMS
6.1. We
amend these Terms from time to time. Please look at the top of this page to see
when these Terms were last updated and which Terms were changed.
6.2. Every
time you order Goods from us, the Terms in force at the time of your order will
apply to the Contract between you and us.
7. CANCELLATIONS AND REFUNDS
7.1. Goods
which are no longer required or have been wrongly ordered by you will not be
accepted back without prior written authorisation from our Customer Services
Department with a valid Goods Return Number and such Goods must be in a re
saleable condition (in our reasonable and proper opinion) i.e. current stock,
unopened and with no additional markings on the box other than original. You
are required to send a debit note detailing why the Goods are to be returned to
our Customer Services Department. On receipt of a debit note, our Customer
Services Department will send a returns note to you via email or fax as
authorisation to proceed.
7.2 You
are responsible for returning the Goods via your own carrier to us and any
costs associated with this.
7.3. With
the exception of faulty/damaged all returns will incur a minimum 30% handling
charge.
7.4. If
the Goods that we supply to you are lost, damaged in transit or short supplied
or supplied incorrectly, you must inform us in writing within 24 hours from
receipt. No claim will be valid if a P.O.A is signed and received in good
condition.
7.5. If
our warranty at clause 13 has been provided to you in respect of any Goods and
those Goods are found to be faulty, we will either replace the Goods or refund
to you the cost of the Goods in full. You are required to send a debit note
detailing why the Goods are to be returned to our Customer Services Department.
On receipt of a debit note, our Customer Services Department will send a
returns note to you via email or fax as authorisation to proceed. We reserve
the right to refuse to replace the Goods or refund to you the cost of the Goods
in full if the Goods are found not (in our reasonable and proper opinion) to be
faulty on inspection by us when we receive them. Goods that are subsequently
found to be in good working order will be notified to you as such and can be
collected from our premises or returned at your cost. Goods held by us will be
held for a period of no more than 28 days by which time if they have not been
collected will be deemed as unwanted and destroyed/recycled accordingly by
ourselves without credit.
7.6. Risk
in any Goods returned to us shall remain with you unless and until they are
received by us.
8. DELIVERY, RISK AND TITLE
8.1. We
will contact you with an estimated delivery date, which will be within 30 days
(and is usually within 3 days) after the date of the Order Confirmation (the
date on which we e-mail you to confirm our acceptance of your order). We will
use all reasonable endeavours to deliver your Goods on or before the estimated
delivery date set out in the Order Confirmation although we do not guarantee
delivery by this date.
8.2. Delivery
of an Order shall be completed when we deliver the Goods to the address you
gave us and the Goods will be your responsibility from that time.
8.3. You
shall be responsible at your own cost and expense for providing appropriate and
suitable equipment and manual labour for unloading the Goods when they are
delivered to you.
8.4. The
risk in the Goods shall pass to you on completion of delivery of the Goods to
you.
8.5. Title
to the Goods shall not pass to you until we have received payment in full (in
cash or cleared funds) including all applicable delivery charges for the Goods
and any other goods that we have supplied to you, in which case title to the
Goods shall pass at the time of payment of all such sums.
8.6. Until
title to the Goods has passed to you, you shall:
8.6.1. hold
the Goods on a fiduciary basis as our bailee;
8.6.2. store
the Goods separately from all other Goods held by you so that they remain
readily identifiable as our property;
8.6.3. not
remove, deface or obscure any identifying mark or packaging on or relating to
the Goods;
8.6.4. maintain
the Goods in a satisfactory condition and keep them insured against risk for
their full price from the date of delivery;
8.6.5. notify
us immediately if you become subject to an insolvency event; and
8.6.6. give
us such information relating to the Goods as we may require from time to time,
but you may resell or used the Goods in the ordinary course of your business.
8.7. If
before title to the Goods passes to you, you become subject to any insolvency
event, or we reasonably believe that any such event is about to happen and
notify you accordingly (or if any monies are due and payable from you to us for
more than 30 days), then, provided that the Goods have not been resold, or
irrevocably incorporated into other Goods, and without limiting any other right
or remedy we may have, we reserve the right to invoke a Retention of title
claim under the sale of goods act 1979 and require you to deliver up the Goods
or, if you fail to do so promptly, we can enter any premises of yours or of any
third party where the Goods are stored in order to recover them and you agree
to indemnify us in full in respect of any loss we suffer as a result of
entering into your premises (or any third party’s premises) pursuant to this
condition.
9. NO INTERNATIONAL DELIVERY
We do not deliver to addresses outside
the UK and the Republic of Ireland, unless by special arrangement.
10. PRICE OF GOODS AND DELIVERY CHARGES
10.1. The
prices of the Goods will be as quoted on our site at the time you submit your
order. We take all reasonable care to ensure that the prices of Goods are
correct at the time when the relevant information was entered onto the system.
However please see clause 10.8 for what happens if we discover an error in the
price of any Good(s) you ordered.
10.2. Prices
for the Goods may change from time to time, but changes will not affect any
order you have already placed.
10.3. The
price of the Goods excludes VAT. Prices are per unit except where indicated.
10.4. The
price of the Goods does not include delivery charges. Our delivery charges are
as advised to you during the check-out process, before you confirm your order
and are set out at clause 10.5 and 10.6 below.
10.5. For
delivery to the UK mainland
10.5.1. All
deliveries in excess of £150.00 net are supplied carriage free of charge.
Deliveries under £150.00 net shall be charged £15.00 for carriage. If you
require delivery urgently (or under special arrangements) then you will be
charged the cost price for delivery. Oversized pallets that attract additional
charges will also be notified to you at the time of ordering either by
telephone, email, fax, text or in person.
10.6. For
delivery to the Republic of Ireland, Northern Ireland, Isle of Man and Channel
Islands
10.6.1. All
deliveries in excess of £300.00 net are supplied carriage free of charge.
Deliveries under £300.00 net shall be charged £35.00 per order for Republic of Ireland (see also 10.6.2),
Northern Ireland, Isle of Man and £50.00 per order for Channel Islands. If you
require delivery urgently (or under special arrangements) then you will be
charged at cost price for delivery. Oversized pallets that attract additional
charges will also be notified to you at the time of ordering either by
telephone, email or in person.
10.6.2. For
the Republic of Ireland only, if delivering under DDP; Costs incurred of £72.00
or if under DAP; £42.00 we will charge in addition to applicable rates above as
in 10.6.1. Please note, if under DAP Should there be any delays caused by you
that are not of our making, we reserve the right to pass on any Delay/Demurrage
costs accordingly. Terms of delivery will be confirmed at time of ordering.
10.7. All
our third-party couriers hold records of proof of delivery for three months.
Therefore, we are unable to accommodate requests for proof of delivery older
than three months from the issue date of an invoice (or if payment for any
Goods was made in advance, from the date of delivery of the Goods).
10.8. We
hold high levels of stock on our site. It is always possible that, despite our
reasonable efforts, some of the Goods on our site may be incorrectly priced. If
we discover an error in the price of the Goods you have ordered, we will
contact you in writing to inform you of this error and we will give you the
option of continuing to purchase the Goods at the correct price or cancelling
your order. We will not process your order until we have your instructions. If
we are unable to contact you using the contact details you provided to us
during the order process, we will treat the order as cancelled and notify you
in writing. If we mistakenly accept and process your order where a pricing
error is obvious and unmistakeable and could reasonably have been recognised by
you as a mispricing, we may cancel supply of the Goods and refund you any sums
you have paid.
11. HOW TO PAY
11.1. You
can pay for Goods using bank transfer, debit card or credit card.
11.2. Payment
for the Goods and all applicable delivery charges are payable in advance
(unless otherwise agreed – see clause 11.3). We will not charge your debit card
or credit card until we dispatch your order.
11.3. Where
we have approved you as an account holder and you choose the purchase order
option, you will receive an invoice and must pay according to the terms of your
account. Unless otherwise specified to you by us in writing, payment is
strictly 30 days net on approved accounts.
11.4. Unless
a remittance note is supplied to us with a payment made by you, we will
allocate such payment in order to invoices held with allocation to the oldest
outstanding invoice first.
11.5. Time
for payment of any invoice we issue to you is of the essence.
11.6. If
you fail to pay us any sum due pursuant to the Contract, you shall be liable to
pay interest to us on such sum from the due date for payment at the annual rate
of 8% above the base lending rate from time to time of the Bank of England,
accruing on a daily basis until payment is made, whether before or after any
judgement. We reserve the right to claim interest under the Late Payment of
Commercial Debts (Interest) Act 1998. Should we be required to undertake debt
collecting proceedings to recover monies due, you will be liable for any costs
associated with those proceedings.
12. PRODUCT GUARANTEES
12.1. Goods
we sell to you come with a guarantee. For details of the applicable terms and
conditions, please refer to the product installation sheet and packaging of the
product provided at the time of manufacture. Additionally, details of our
product guarantees can be found on our website and the relevant product data
sheets or by contacting the Red Arrow team as in 1.1.1.
12.2. Product
guarantees vary between 1 to 5 years dependent upon the product type. Emergency
versions carry a separate warranty for the batteries which is 1 year for NiCad
and 2 years for LiFePO from date of installation to BS EN5266-1:2016. Please
refer to our website and the relevant product data sheets for details of
battery type used or contact us as 1.1.1.
13. OUR WARRANTY TO YOU
13.1. Our
warranty is provided in respect of the Goods being used in conformity with the
stated product and usage specifications. Products must be professionally
installed and placed in service according to the installation instructions. The
temperature, environmental and voltage limits must be adhered to and not
exceeded. Should products fail within the specified warranty, we will replace
the Goods by way of the process detailed below, provided that to our reasonable
satisfaction they are damaged or defective due to faulty materials, workmanship
or design. If our warranty is provided in respect of the Goods, we will supply
to you and charge for advance replacements and then credit the defective or
faulty Goods on receipt of the Goods back to our warehouse, or as agreed in
advance by the Red Arrow team.
13.2. Our
warranty at clause 13.1 will not apply in the following circumstances:
13.2.1. if
the Goods have been repaired of altered, misused, incorrectly or
inappropriately installed, maintained or stored.
13.2.2. if
the defect has been notified to us after the expiration of our warranty in
respect of the Goods; and
13.2.3. if
sensors or any control systems are used in conjunction with the Goods and this
results in any premature failure as a result of being operated outside of their
normal operating parameters.
14. OUR LIABILITY
14.1. Nothing
in these Terms limits or excludes our liability for:
14.1.1. death
or personal injury caused by our negligence;
14.1.2. fraud
or fraudulent misrepresentation;
14.1.3. breach
of the terms implied by section 12 of the Sale of Goods Act 1979 (title and
quiet possession); or
14.1.4. defective
Goods under the Consumer Protection Act 1987.
14.2. Subject
to clause 14.1, we will under no circumstances whatever be liable to you,
whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, arising under or in connection with the Contract for:
14.2.1. any
loss of profits, sales, business, or revenue;
14.2.2. loss
or corruption of data, information or software;
14.2.3. loss
of business opportunity;
14.2.4. loss
of anticipated savings;
14.2.5. loss
of goodwill or reputation; or
14.2.6. any
indirect or consequential loss.
14.3. Subject
to clause 14.1, our total liability to you in respect of all losses arising
under or in connection with the Contract, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, shall in no circumstances
exceed the price of the Goods.
14.4. Except
as expressly stated in these Terms, we do not give any representation,
warranties or undertakings in relation to the Goods. Any representation,
condition or warranty which might be implied or incorporated into these Terms by
statute, common law or otherwise is excluded to the fullest extent permitted by
law. In particular, we will not be responsible for ensuring that the Goods are
suitable for your purposes.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We
will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a Contract that is caused by an
Event Outside Our Control. An Event Outside Our Control is defined below in
clause 15.2.
15.2. An
"Event Outside Our Control" means any act or event beyond our
reasonable control, including without limitation strikes, lockouts or other
industrial action by third parties, civil commotion, riot, invasion, terrorist
attack or threat of terrorist attack, war (whether declared or not) or threat
or preparation for war, fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster, or failure of public or private
telecommunications networks.
15.3. If
an Event Outside Our Control takes place that affects the performance of our
obligations under a Contract:
15.3.1. we
will contact you as soon as reasonably possible to notify you; and
15.3.2. our
obligations under a Contract will be suspended and the time for performance of
our obligations will be extended for the duration of the Event Outside Our
Control. Where the Event Outside Our Control affects our delivery of Goods to
you, we will arrange a new delivery date with you after the Event Outside Our
Control is over.
15.4. You
may cancel a Contract affected by an Event Outside Our Control which has
continued for more than 30 days. To
cancel please contact us. If you opt to
cancel, you will have to return (at our cost) any relevant Goods you have
already received and we will refund the price you have paid, including any delivery
charges.
16. COMMUNICATIONS BETWEEN US
16.1. Any
notice or other communication given by you to us, or by us to you, under or in
connection with the Contract shall be in writing and shall be delivered
personally, sent by pre-paid first-class post or other next working day
delivery service or e-mail.
16.2. A
notice or other communication shall be deemed to have been received: if
delivered personally, when left at our registered office; if sent by pre-paid
first-class post or other next working day delivery service, at 9.00 am on the
second Business Day after posting or if sent by e-mail, one Business Day after
transmission.
16.3. In
proving the service of any notice, it will be sufficient to prove, in the case
of a letter, that such letter was properly addressed, stamped and placed in the
post and, in the case of an e-mail, that such e-mail was sent to the specified
e-mail address of the addressee.
16.4. The
provisions of this clause 16 shall not apply to the service of any proceedings
or other documents in any legal action.
17. OTHER IMPORTANT TERMS
17.1. We
may transfer our rights and obligations under a Contract to another
organisation, but this will not affect your rights or our obligations under
these Terms.
17.2. You
may only transfer your rights or your obligations under these Terms to another
person with our prior written agreement.
17.3. This
Contract is between you and us. No other person shall have any rights to
enforce any of its terms, whether under the Contracts (Rights of Third Parties)
Act 1999 or otherwise.
17.4. Each
of the paragraphs of these Terms operates separately. If any court or relevant
authority decides that any of them are unlawful or unenforceable, the remaining
paragraphs will remain in full force and effect.
17.5. If
we fail to insist that you perform any of your obligations under these Terms,
or if we do not enforce our rights against you, or if we delay in doing so,
that will not mean that we have waived our rights against you and will not mean
that you do not have to comply with those obligations. If we do waive a default
by you, we will only do so in writing, and that will not mean that we will
automatically waive any later default by you.
17.6. A
Contract and any dispute or claim arising out of or in connection with it or
its subject matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the law of England and
Wales.
17.7. You
and us both irrevocably agree that the courts of England and Wales shall have
exclusive jurisdiction to settle any dispute or claim arising out of or in
connection with a Contract or its subject matter or formation (including
non-contractual disputes or claims).
I confirm acceptance of the terms and
conditions set out in Red Arrow Electrical Distribution Limited’s Terms and
Conditions and I confirm I accept that these terms and conditions will apply to
all future orders I place with Red Arrow Electrical Distribution Limited.
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