Rapid Fire Logistics Ltd
Application and entire agreement
- These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Rapid Fire Logistics Ltd T/A Rapid Fire Supplies a company registered in England and Wales under number 12293158 whose registered office is at 3 Blakeney Grove, Nailsea, North Somerset, BS48 4RG (we or us or Service Provider) to the person buying the services (you or Customer).
- You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us. The Contract shall come into effect upon your acceptance of our quotation, and shall automatically terminate upon completion of the Services.
- You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Terms and Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- These Terms and Conditions were last updated in November 2020. We may update these Terms and Conditions from time to time, so it’s important that you check back regularly, as the updated Terms and Conditions will apply to you.
- A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
When You Purchase Goods
- The prices for the goods we sell are displayed on our website. When you place an order online, your order is not confirmed until we have sent you an email confirmation. At this stage, you have a binding contract to purchase the products.
- Where we provide goods to you, and you are a consumer, you are entitled to the following rights.
- We shall ensure that the following information is given or made available to you prior to the formation of the contract between us and you, save for where such information is already apparent from the context of the transaction:
- The main characteristics of the goods;
- Our identity and contact details (set out in these terms);
- The total price for the goods including taxes or, if the nature of the goods is such that the price cannot be calculated in advance, the manner in which it will be calculated;
- Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
- Where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the goods;
- Our complaints handling policy;
- We shall ensure that you are aware of our legal duty to supply goods that are in conformity with the contract; and
- Where applicable, details of after-sales services and commercial guarantees.
The disclaimers provided on our website in respect of the goods we sell are provided by the manufacturers of the goods, and we are not responsible for the content of them or for ensuring their accuracy or validity.
Description and Specification of Goods
- We have made every reasonable effort to ensure that the goods conform to illustrations, photographs and descriptions provided in the sales and marketing literature on our website. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. We are also not the manufacturer of any goods displayed on our website. This means that if there is an issue with the goods you purchase, we will do our best to assist you to resolve the matter, but the manufacturer is ultimately responsible for such issues. We will not be liable for any manufacturing or product liability.
- If you receive any goods that do not conform to your order, please see below.
- If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong goods, you may return those goods to us as provided in these Terms and Conditions. If, as a result of any such error or omission, you have paid too much, we will refund the excess paid for the goods.
- Please note that delivery is currently only possible within the European Union.
- When we provide you with an order confirmation, we will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of goods, your location, and circumstances beyond our control. Unless agreed otherwise, the goods will be delivered without undue delay and in any case no later than 30 calendar days after the date on which the order confirmation is sent to you.
- Delivery will be deemed to have taken place when the goods have been delivered to the delivery address indicated in your order and you (or someone identified by you) have taken physical possession of the goods.
- If for any reason we are unable to deliver the goods at your chosen delivery address, we will leave a note informing you that the goods have been returned to our premises, requesting that you contact us to arrange re-delivery.
- The responsibility (sometimes referred to as the “risk”) for the goods remains with the manufacturer until delivery is complete, at which point it will pass to you.
- You own the goods once we have received payment in full for them.
Please note carefully the following:
- If we refuse to deliver the goods, you may treat the contract as being at an end and we will reimburse you without undue delay.
- If delivery of the goods within the agreed time period or at the agreed time was essential (taking into account the relevant circumstances at the time the contract was formed) and we fail to deliver, you may treat the contract as being at an end and we will reimburse you without undue delay.
- If you have told us that delivery within the agreed time period or at the agreed time was essential and we fail to deliver, you may treat the contract as being at an end and we will reimburse you without undue delay.
Faulty, Damaged or Incorrect Goods
- By law, our manufacturers must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences. If any goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement with the manufacturer.
- Beginning on the day that you receive the goods (and ownership of them) you have a 30 calendar day right to reject the goods and to receive a full refund if they do not conform as stated above. If you do not wish to reject the goods, or if the 30 calendar day period has expired, you may request that the goods are repaired or replaced. Within the first six months after you have received the goods, you are entitled to a repair or replacement unless we can prove that the defect was not present at the time you bought the goods. After the first six months, you must prove to us that the defect was present at the time of purchase in order to qualify for a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair or replacement is impossible or otherwise disproportionate, we may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.
- If you request a repair or replacement during the first 30 calendar day period, that period will be suspended while we carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
- If, after a repair or replacement, the goods still do not conform (or if we cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing you significant inconvenience), you may have the right either to keep the goods at a reduced price, or to reject them in exchange for a refund.
- If you exercise this final right to reject the goods more than six months after you receive them (and ownership of them), we may reduce any refund to reflect the use you have had out of the goods.
- Within a period of six years after you receive the goods (and ownership of them), if the goods do not last a reasonable length of time (depending upon their nature), you may be entitled to a partial refund. Please be remember that after six months have passed since you received the goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
- Please note that you will not be eligible to claim under this clause if we informed you of any faults, damage or other problems with the goods before your purchase of them; if you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return goods to us under this clause merely because you have changed your mind.
- Refunds (whether full or partial, including reductions in price) under this clause will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
- Any and all refunds issued under this clause will include all delivery costs paid by you when the goods were originally purchased.
- For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office. The consumer rights contained in this section are the responsibility of the manufacturer of the goods, although we will help facilitate this.
Returning Goods If You Change Your Mind
- If you are not satisfied with any goods purchased from us you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this clause. This clause does not apply to goods that are not in compliance with the contract and your legal rights. For such goods, please see above.
- If you wish to return goods to us under this clause, you must do so within 14 days of taking delivery, telling us why you wish to return the goods
- All goods must be returned to us under this clause in their original condition, accompanied by proof of purchase.
When You Purchase Services
- We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
- We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
- You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
- If you do not comply with clause 34, we can terminate the Services.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
- The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
- In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
- You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable daily rate in effect at the time of performance or such other rate as may be agreed between us.
- The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and amendment
- We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 14 days from the date of the quotation, (unless the quotation has been withdrawn).
- Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
- If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
- If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
- We will invoice you for payment of the Fees either:
a) when we have completed the Services; or
b) on the invoice dates set out in the quotation.
- You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
- Time for payment shall be of the essence of the Contract.
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 5% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
- All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
- If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
- Receipts for payment will be issued by us only at your request.
- All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment
- We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
- You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
- We can terminate the provision of the Services immediately if you:
a) commit a material breach of your obligations under these Terms and Conditions; or
b) fail to make pay any amount due under the Contract on the due date for payment; or
c) are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d) enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e) convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
- We reserve all copyright and any other intellectual property rights which may subsist in any part of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights. Where relevant, you are provided with a non-exclusive, non-transferable, royalty-free licence to use our intellectual property only for the purpose of the Services, but this licence will automatically terminate upon termination of the Services.
Liability and indemnity
- Our liability under the Contract, and in breach of any statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
- The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
- We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for
a) any indirect, special or consequential loss, damage, costs, or expenses or;
b) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d) any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e) any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
- You indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
- Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
- When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
- The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
- For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
- The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these Terms and Conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
- The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.
- The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
- Further information about the Service Provider’s approach to data protection are specified in its Data Protection Policy, which can be found www.rapidfirelogistics.com. For any enquiries or complaints regarding data privacy, you
- can email: email@example.com.
Circumstances beyond a party’s control
- Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
- Notices shall be deemed to have been duly given:
a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b)when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c) on the fifth business day following mailing, if mailed by national ordinary mail; or
d) on the tenth business day following mailing, if mailed by airmail.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
- No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
- This Agreement, and any non-contractual obligations arising hereunder, shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.