RS TRADING CO. TERMS AND CONDITIONS (revised 06.09) Filename : terms.rs

1. Definitions
Trade Customer or business , Sole Traders, companies or any person wishing to resell products bought from RS Trading Co. (special attention to clause 13)
Consumer or customer are deemed to be private persons buying products for private use only
RS Trading Co. is the product seller as identified before and/or during transaction.
Order Confirmation can be verbal or in writing stipulating purchase details and monetary totals
Price is the total for a product which may include fees if paying by a third party, excludes postage and packing unless stipulated differently in the selling criteria.
Product is as described in any literature/adverts/internet sites
Seconds are products are fully working but are factory returned goods, statutory rights apply
used is second hand products which may have been purchased privately, statutory rights apply
notice is term applies to what RS Trading accept as forms of notifications regards any complaints etc. namely letter/phone/email.
postage & packing is any item to be packed and posted to anywhere in the UK Mainland , if any “going over water” eg Ireland it is possible that this may involve an additional charge . You will be advised of any additional charges when your order is received.
deposit is unless stated otherwise all deposits are non refundable


2. Application
Without being exhaustive any notice received confirming a sale will constitute a binding contract between you, the customer or you, the consumer and RS Trading Co.

3. Quotations
Quotations received from RS Trading Co. are only valid for a period of 14 days unless specified otherwise within the quotation or by a separate form of communication relating directly to this one enquiry only.

4. Price and Payment Terms
Net Total can be advised to you in a number of ways including email, verbally, letter, via internet etc. This total unless it states otherwise will exclude postage and packing and any other fees which will be advised separately. The Grand Total takes into account absolutely all costs applicable. Payment will be made in advance unless notified in writing otherwise. Please note and observe these terms within any information received from RS Trading Co. and if they are not evident please contact us immediately.

5. Delivery
Delivery will be quoted within the original terms of sale and generally a maximum 28 day delivery will be applicable but usually this period is no more than 7days. Insurance may be required on deliveries or offered and will be quoted if asked by the buyer or if RS Trading deem it necessary because of the contents of the consignment taking into account stability in transit and value. RS Trading Co. cannot be held responsible for delays out of its control. In addition if you, the consumer or you, the customer refuses to sign for a delivery and it gets returned to RS Trading Co. you will be charged again for the postage fees if you want it resending. If associated costs are accumulated due to no fault of RS Trading we reserve the right to pursue you for these costs through whichever avenues are most suitable. Delivery ceases to be my responsibility once the goods are in the delivery chain and any complaints ultimately will be directed to the delivery agents responsible for the consignment including any claims. All rates for delivery quoted on the website are for Mainland England, Wales and South/Mid Scotland. Any other areas of UK may incur additional carriage especially if it involves going over water including Ireland, Scottish Isles etc

6. Acceptance
When you receive the item you are expected to inspect it for non conformity / problems as soon as possible and if after an inspection such a situation occurs you must contact RS Trading as quickly as possible so a procedure can be put into place to correct the issue. RS Trading operates a maximum 7 day return period but will consider claims out of this time limit. After this period you are deemed to have accepted this product and claims for parts missing/damage etc in transit claims will not be accepted. If RS Trading Co. agrees to the return of the product due to a problem we will ask you to return it to the premises for inspection and appraisal, if it is indeed a fault you will be offered a replacement or refund and any case any postage expenses will be refunded to you. If it is being returned under the Distance Selling Regulations 2000 and within the 7 day cancellation period its condition will be appraised and should any damage have occurred or if radio control and you have used it you will be held responsible and may be asked to contribute towards the repairs or loss on sale value. You the customer have a responsibility under the Distance Selling Regulations to ensure the product is kept safe and secure and to return it in the same condition it was sent out to you. Products purchased directly from myself in a person to person transaction are not covered by the Distance Selling Regulations and cannot be returned.

7. Force Majeure
RS Trading Co. is not liable for delays in performance (including delivery) caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport production problems, government or regulatory action and natural disasters. If this lasts more than one month you will be notified and given the opportunity to end the contract with no liability.




8. Warranty-Consumer only (Trade Customers refer to Clause 13)
All products sold are new unless stipulated otherwise. All products sold to you, the consumer or customer are covered by your statutory rights, warranty may apply from the suppliers / manufacturer directly. Any disputes in the first instance should be referred to RS Trading unless a product handbook is available with the product detailing warranty claims. Any goods sold which are not new you will be advised off before you purchase either verbally or in writing (including online communication such as email and Ebay description).

RS Trading Co. does not give warranty protection for:
i Damage caused by incorrect use / modifications or repair by an unauthorised person
ii Damage caused by any party or other external force

9. Termination
RS Trading Co. reserves the right to terminate any agreement if you fail to pay any monies when due or if any payment received is rejected by your bank. RS Trading Co. reserves the right to pursue you, the customer, or you, the consumer for any costs incurred because of any termination of which you are held responsible including loss of profit.

10. Your obligations as a trade customer / consumer
You are responsible for your own choice of product and its suitability for purpose You are requested to provide RS Trading Co. with all reasonable courtesy, information, cooperation, facilities and access to enable RS Trading Co. to perform duties such as corrective action.

11. Consumer Rights
If you are a consumer whose purchase comes under the Consumer Protection (Distance Selling) Regulations 2000 you have a legal right to cancel your purchase at any time within 7 working days of receipt without cause and receive a refund of the price paid excluding any postage/carriage paid to deliver the item, you however are obliged to return the goods to RS Trading premises at your expense and in the same condition they were despatched to you. The goods must be packed up/sealed and they are to be returned at your risk. These rights do not apply to wholesale/business customers. These rights only apply to the original consumer or customer and cannot be passed onto, transferred or re-assigned to any other individual. This does not affect your statutory rights.

If you have purchased goods direct from the premises face to face you have no rights to return goods due to, without being exhaustive, change of mind or unsuitability as no cooling off period can be applied. This does not affect your statutory rights

12. Miscellaneous
If any part of this agreement is found to be invalid or unenforceable by a court the rest will be remain in force.

13. Trade
Trade Customers such as Sole Traders, companies or any person wishing to buy from me to resell will be covered by the following conditions of sale which are non negotiable.
a) Any damage or complaints regards any delivery or collection must be made within 24hours, this includes shortfalls, damaged goods etc. If a complaint is upheld corrective action will be implemented as quickly as possible.
b) After the delivery has been accepted there will no warranty or guarantee from RS Trading Co.
c) If you have not paid for the product(s) when you have collected them the responsibility of the goods (including any insurance) passes to you and RS Trading Co is no longer liable.
d) Goods remain the property of RS Trading Co. until paid for in full when the title will then be deemed to have been transferred to the “customer”.
e) Any deposits paid for orders which you cancel or do not pay in full within 14days are non refundable
f) Deposits, if requested, will be refunded for orders which are made and then have a price increase enforced on them
g) Credit accounts can be applied for and will be granted at the total discretion of RS Trading Co.

14. Pre Orders
Any customer placing a pre-order on any product will do so on the understanding that any price increase introduced between the order being placed and the product arriving date by forces such as suppliers increases may be asked to pay the increased price. If they do not wish to do this they will be offered a full refund. If a customer is asked for a deposit to secure a special order and then decides to cancel it the deposit will be non refundable unless at the discretion of RS Trading Co.

15. Retaining paid for products awaiting Customer request for delivery.
To help customers get the best possible postage rates I offer to hold stock until it reaches the optimum for delivery (eg 3bikes maximum for overseas is most economical postage per model). This is done purely as a gesture on my part and after 7 days the Distance Selling Regulations do not apply. Also you cannot then choose to cancel after this 7days has elapsed unless it is agreed by both parties. If I am unable to contact you whether by email and/or letter I reserve the right to despatch the models if carriage has been paid for without further contact. Unless specified otherwise the maximum time I will hold paid for products will be 6months. If after this time the goods remain unclaimed I reserve the right to resell them and refund you, less any losses made on the resale incl. fees.

16. Additional Information
Legislation, without being exhaustive, which I am bound by
Protection (Distance Selling) Regulations 2000 which can be obtained from the Office of Fair Trading