Terms and Conditions


Rayotec reserves the right to modify the Agreement at any time and at it's own discretion. A User's continued use of this Site constitutes acceptance of the Agreement available at the time of use.

Trademarks

Rayotec is a trademark of Rayotec. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Rayotec trademark without Rayotec's prior written permission. The use of the Rayotec trademark on any other web site is prohibited, except when expressly permitted by Rayotec.

Copyright

All content contained on the Site is copyrighted under UK law by Rayotec unless otherwise stated. The User acknowledges and agrees that all content, including but not limited to graphics, 3D, audio, animation, programming text or other material hosted on the site is protected by the Rayotec trademark, copyrights or other proprietary rights and laws. The User understands and agrees that the User may not copy, reproduce, republish, distribute, modify or create derivative works from the content of our Site or otherwise use, transmit, upload, rebroadcast or publish in any form the content from this Site other than expressly authorised by this Agreement or by the consent of Rayotec in writing.

Your information

  1. Definition. 

    "Your information" is defined as any information you provide to us in relation to the Site.
  2. Restrictions. 

    Your Information and other activities on our Site must not: in breach of copyright, privacy or any other rights; Infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; Be fraudulent; Be in breach of, or cause us to be in breach of, any applicable laws or regulations; Create liability for us or cause us to lose the services of our ISPs or other suppliers; Contain any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or intercept access without authority or take any system, data or personal information
  3. Licence; to enable Rayotec to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable licence to use the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive any moral rights you may have in Your Information.
  4. Access and Interference. You agree that you will not; 

    Use automated means to access the site for any purpose without our express written permission; Take any action that imposes an unreasonable or very large load on our infrastructure; Copy, modify, distribute or display any content from the Site without the prior expressed written permission of Rayotec and the appropriate third party as applicable;

Limitation of Liability

The User expressly understands and agrees that Rayotec shall not be liable for any losses or damage resulting from any use of, or inability to use, this site, resulting from any errors or omissions in the content of the site, regardless of the basis upon which liability is claimed, even if Rayotec has been advised of the possibility of such loss or damage.

Disclaimer of warranties

While every effort is made to ensure accuracy, Rayotec makes no warranty that this website will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Rayotec make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this website. The User understands and agrees that any content downloaded or otherwise obtained through the use of this site is done at the User's own risk and that the User will be solely responsible for any damage done to the User's computer system or loss of data that results from the download of such content. Unless expressly stated otherwise, Rayotec provides this site content "as is" and without warranties of any kind, either express or implied, to the fullest extent allowable by law. This includes the implied warranties of merchantability, non infringement of intellectual property, and fitness for a particular purpose. In no event shall Rayotec or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption or loss of information) arising out of the use or inability to use the site content, even if Rayotec has been advised of the possibility of such damages.

Indemnity

The User agrees, at the User's expense, to indemnify, defend and hold harmless Rayotec, it's officers, directors, employees, agents, affiliated, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising our of the User's breach of this agreement or in connection with the User's use of this website or any product or service related thereto.

Notices

Unless otherwise explicitly stated, notices to Rayotec must be sent by email to  info@rayotec.com

Terms and Conditions of Sale for Electric Underfloor Heating 

1. In these terms and conditions, the following words shall have the following meanings: 

"The Company" shall mean Rayotec Ltd. 

"The Goods" shall mean the products, articles, services or things or components thereof offered for sale by the Company. 

"The Customer" shall mean the corporate entity, firm or person seeking to purchase the Goods from the Company. 

2. All orders are placed and accepted by the Company only under these terms and conditions, which shall be governed by English Law. 

2.1. These terms and conditions exclude any other terms and conditions inconsistent therewith which the Customer might seek to impose even though such other terms and conditions may be submitted in a later document and/or purport to exclude or supersede any terms and conditions inconsistent with them or may be contained in any offer acceptance or counter-offer made by the customer.

2.2. No variation of these terms and conditions is permitted unless expressly accepted by an Authorised Signatory of the Company in writing.

2.3. Quotations which comprise an invitation to treat may be withdrawn at any time.

2.4. Any order given in respect of a quotation must state the date and reference of the quotation.

2.5. Any offer to purchase the Goods made orally must be confirmed in writing and must be clearly marked "confirmation of verbal order."

3. The Customer shall not be entitled to cancel the contract without the written agreement of the Company signed by an Authorised Signatory.  In the event of such agreed cancellation the Customer shall indemnify the Company fully against all expenses incurred up to the time of such cancellation.

4. All prices quoted are exclusive of Value Added Tax where applicable.  Sales identifiable or notified as consumer sales under the Unfair Contract Terms Act, 1977 will include Value Added Tax where applicable

4.1. Payment for Goods shall be made on or before the date fixed in accordance with the terms agreed between the Customer and the Company for the operation of the account between them.

4.2. In the event that payment shall not have been made by such date the Company shall be entitled to recover from the Customer interest on any outstanding balance at the rate of 4% above the base rate of HSBC Plc for the time being in force  for the period from such date until the date of payment.

4.3. The Company reserves the right by giving notice to the Customer at any time before delivery to increase the price of the goods to reflect any increase in the costs to the Company (such as, but without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, increase in the cost of labour, materials or other costs of manufacture), any change in delivery dates, quantities and specifications for the Goods which is requested by the Customer or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.

4.4. The Company reserves the right at any time at its discretion to demand security for, or vary the terms and method of, payment before continuing with or delivering Goods in satisfaction of any order notwithstanding any subsisting agreement to provide credit to the Customer

4.5. If the Customer  fails to make any payment on the due date then without prejudice to any other right or remedy available to the company the Company shall be entitled to:- 

i)    Cancel any subsisting supply contract with or suspend any further deliveries to or collections by the Customer. 

ii)    Appropriate any payment made by the Customer to such of the Goods (or the Goods supplied under any contract between the Customer and the Company) as the Company may think fit notwithstanding any purported appropriation by the Customer. 

4.6    Any sums payable by the Company to the Customer on any account may at any time be offset by the Company against any sums payable by the Customer to the Company. 

4.7    If the Customer (being a Company) has a petition presented for its winding-up or the appointment of any Administrator or passes a resolution for voluntary winding-up otherwise than for the purpose of a bona fide amalgamation or reconstruction or enters a scheme of arrangement or Voluntary Arrangement or compounds makes any proposal to or enters into any arrangement with its creditors or has a Receiver or Manager or an Administrative Receiver appointed over all or any part of its assets or (being an individual) has a Petition presented for his Bankruptcy or becomes bankrupt or is insolvent or enters into any arrangement with his creditors or makes or has made an application for an Interim Order in connection with a proposal to Creditors for a Voluntary Arrangement or commits in either case a material or serious breach of this Agreement (and in the case of such breach being remediable fails to remedy it within 7 days of receiving notice to do so), the Customer will be deemed to have repudiated all contracts and all sums owing to the Company on any account shall become due and payable forthwith without requirement for any notice to be giver, and further, in either case the Customers power of sale and use in Clause 7 shall automatically cease. 

5.     The Company reserves the right to change the underfloor heating mat to a similar mat subject to availability. 

6.        Delivery will be deemed to have been effected when the Goods Leave the premises of the Company or, the case may be, the premises of the suppliers of the Company in circumstances where the Goods are delivered direct from such suppliers or, where the Goods are not delivered by the Company, but by an independent carrier, delivery of the Goods by the Company to the carrier shall be delivery to the Customer. 

6.1    Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any loss whatsoever suffered or caused through late delivery or non delivery and time of delivery shall not be of an essence. 

6.2    The Company reserves the right to make delivery by installments and tender a separate invoice in respect of each installment. 

6.3    Goods may be collected by prior agreement with the Company and if so agreed the Customer shall collect the Goods within 14 days from the agreed collection date overleaf of the date notified they are available for collection or the date notified they are available for collection or the date of this contract whichever is the later.  Thereafter the Customer will incur storage charges at the current rate applied by the Company. 

6.4    When a customer collects the goods his vehicle shall be equipped with sufficient skids to enable loading by fork-lift truck.  The Customer shall be solely responsible for the size; weight and positioning of any load on his vehicle and shall fully indemnify the Company from any claims or actions arising there from. 

6.5    Where the Company agrees to deliver the Goods delivery will be to the nearest hard metalled road surface.  The Customer shall be entirely responsible for the prompt unloading of the Goods and the provision of suitable labour and equipment. 

6.6    The Customer shall take delivery or accept the Goods within the time limit provided in the contract.  Failure to do so shall entitle the Company to invoice the customer or to treat the contract as repudiated and it may without prejudice to its other rights accept such repudiation without notice as termination therof. 

6.7    The Customer is under duty wherever possible to inspect the Goods on delivery or collection failing which the carriers note or such other note as appropriate shall be marked not examined. 

7.       If the terms of this Clause are not compiled with, the Company shall be under no liability for any shortages, goods damaged in transit or visual defects either in quality and/ or written description given in accordance to Clause 8 (herein referred to as visual defects) that would be apparent on careful inspection and in any event, will be under no liability unless a written complaint is delivered to the company within 3 working days of delivery or collection detailing the alleged damage, shortage, or visual defect. 

7.1    In all cases where damage, shortages or visual defects are complained of by the Customer the Company shall be under no liability in respect thereof unless a reasonable opportunity to inspect the consignment in which the Goods complained of are contained, including all or any strapping, battens or packaging, is provided to the Company before any use is made of the Goods or any alterations or modifications are made thereto by the Customer. 

7.2    Subject to the foregoing the company shall make good any shortages in the Goods and where appropriate collect any of the Goods damaged in transit or with visual defects and replace the as soon as it is reasonably able to do so, but otherwise shall be under no liability whatsoever or howsoever arising for such shortage, damage or visual defect. 

7.3    Any alleged damage, shortage or visual defect shall not constitute valid grounds for customer to delay payment in respect of the Goods delivered. 

8.        Returns, unless due to goods being faulty, will be subject to 30% handling charge plus delivery cost.   However, if the package has been opened or soiled or in an unsellable condition, no refund or credit can be given.   The above offer is only valid for 14 days from delivery.  No refund is made for any returns after this period. 

9.         Risk in the Goods shall pass to the customer when the Goods are delivered or when the Customer is notified they are available for collection. 
  
9.1     Notwithstanding the passing of the risk the ownership of the Goods sold by the Company to the Customer shall remain with the Company until the Customer has paid the price for the Goods. For the purpose of these terms all liquidated sums owed by the Customer to the Company on any account or grounds whatsoever shall be deemed to form part of the said price. 

9.2     The Customer is licensed by the Company to use or to agree to sell the Goods delivered to the Customer subject to the express condition that the entire proceeds of any sale or insurance proceeds received in respect of the Goods are held in trust for the Company and are not mixed with other monies or paid into an overdrawn Bank Account and shall at all times be identifiable as the Company's money. 

9.3       The Customer will hold the Goods as fiduciary agent and bailee for the company. 

9.4      The Goods shall be dept separate and distinct from all other property of the Customer and of third parties and in good and substantial repair and be stored in such a way as to be clearly identifiable as belonging to the Company and the Customer will not allow any interference with any identification marks or serial number on the Goods. 

9.5       Without prejudice to any other rights the Company may at any time revoke the power of sale and use contained in Clause 7.2 by notice to the customer is in default for longer than 7 days in the payment of any sum whatsoever due to the Company whether in respect of the Goods or any other goods supplied at any time by it to the Customer or if the Company has bona fide doubts as to the solvency of the Customer. 

9.6       The Customer shall place any of the Goods in its possession or under its control and unsold at the disposal of the Company and the Company by its servants or agents shall be entitled to enter upon any premises of the Customer or any premises under the Customer's control or to which the Customer has a right of access for the purpose of inspection, repossession and removal of such Goods at any time. 

10.       In the event that any latent defect in the Goods is discovered by the Customer during the period of 12 months from the date of delivery of the Goods, and Customer informs the Company of the said defect in writing within 72 hours of discovery and the said defect having been caused by faulty design, manufacture, materials or workmanship but not by abnormal use misuse or neglect the Company will, at its option, either repair the Goods at its own expense, replace the Goods or refund the purchase price of the Goods. 

10.1     The Goods are supplied on the basis that they conform to the written descriptions contained on the acknowledgement of order form.  NO warranty can be given that Goods supplied conform to sketch plans or drawings provided by the Company or the Customer or to illustrations or descriptions in catalogues or trade literature. 

10.2       In the event that the Company provides estimates of quantities or measurements on the basic of drawings and/or Bills of Quantities and /or specifications submitted by the Customer, the Company shall exercise reasonable care in so doing but the Company accepts no liability for inaccuracies in the estimates or calculations. 

10.3    The Customer is deemed to be fully conversant with the nature and performance of the Goods including any harmful or hazardous effects resulting from their usage and shall not be reliant in any way upon the advice, skill or judgement of the Company.  The Company's employees or agents are authorized to make any representations concerning the Goods whatsoever, other than those confirmed by the Company in writing. 

10.4     Notwithstanding anything to the contrary contained in these conditions if and to the extent that any person by whom the Company has been supplied hereunder validly excludes, restricts or limits his liability to the Company in respect of Goods supplied or of any loss or damage arising in connection therewith then the liability of the Company to the Customer in respect of the said Goods shall be correspondingly excluded, restricted or limited.  The Company will, upon request, supply the Customer with details of any such exclusion, restriction or limitation. 

10.5    Save as set out in the foregoing sub-clauses no other terms, whether conditions warranties or innominate terms, express or implied, statutory or otherwise shall form part of this contract (except where the Customer deals as a Consumer within section 12 of the Unfair Contract Terms Act 1977 when the terms implied by sections 13,14 and 15 of the Sale of Goods Act 1979 shall be implied into the Contract). 

10.6      The Company shall not be liable for any loss of profit, loss of business, loss of goodwill, loss of savings, increased costs, claims by third parties, punitive damages, indirect loss or consequential loss whatsoever and howsoever caused (even if caused by the Company's negligence or breach of contract and even if the Company was advised that such loss would probably result)suffered by the Customer or any third party in relation to this contract (except for or death or personal injury directly attributable to the negligence of the Company or in the case of fraudulent misrepresentation) and the Customer shall hold the Company fully and effectually indemnified against such losses whether arising from breach of a duty in contract or tort or in any way including losses arising from the Company's negligence. 

10.7      Except for death or personal injury directly attributable to the negligence of the Company or in the case of fraudulent misrepresentation in no circumstances whatsoever shall the Company's liability (in contract, tort or otherwise) to the Customer arising under, out of or in connection with this contract or the Goods supplied hereunder exceed the invoice price of the particular Goods concerned. 

11.         If any provision of these conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby. 

12.      The Company shall not be liable for any failure to deliver or delay in delivery of the Goods arising from circumstances outside its control, including but not limited to lock outs, fire, accidents, defective materials, delays in respect of raw materials or bought in goods or components. 

13.       To help the Company to make credit decision about the Customer, to prevent fraud, to check the identity of the Customer and to prevent money laundering, we may search the files of credit reference agencies who may record any credit searches on yourfile.ales.



 

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