email: info@raffenday.com
phone: +44 (0)1933 673333
fax: +44 (0)1933 675555

Raffenday Limited Terms of Business

  • 1.General
    • 1.1. The following terms and conditions form an integral part of every contract for the sale of materials, products or services (‘Goods’ herein) by Raffenday Limited (the ‘Seller’ herein) to the person(s), company or other entity (‘Purchaser’/‘Buyer’ herein) purchasing the product.
    • 1.2. All transactions with Raffenday Limited are subject to the Sellers Terms of Business, Privacy Policy and where applicable Raffenday Online’s Terms of Use. Exceptions will only apply with express written agreement from Raffenday Limited’s Board of Directors.
    • 1.3. As stated below, specified terms relate to particular transactions with the Seller. Unless otherwise stated, remaining terms apply to all transactions between the Seller and the Purchaser.
      • 1.3.1. Where there is conflict between terms deemed as general and specific terms relating to particular transactions the specific terms will prevail in all instances.
    • 1.4. As with all of the Sellers terms, conditions, guidelines, restrictions and regulations, our Terms of Business are subject to change at any time at the Sellers full discretion.
      • 1.4.1. It is therefore imperative and entirely the responsibility of the Buyer to ensure that they keep up to date with amendments to the Sellers Terms of Business, Privacy Policy, and Raffenday Online’s Terms of Use frequently, all of which are available on Raffenday.com or upon request.
      • 1.4.2. As such the Buyer is encouraged to read these Terms of Business on each occasion that an order is submitted either on Raffenday.com or indeed to Raffenday Limited in any form.
    • 1.5. If the Buyer does not agree to any term or condition contained within these Terms of Business, the Privacy Policy or Raffenday Online’s Terms of Use please discontinue use of Raffenday.com and contact Raffenday Limited directly before the placement of any order. Unless otherwise expressly agreed in writing, all orders construe your offer of contractual obligations to Raffenday Limited under the terms of the aforementioned documents.
      • 1.5.1. Once expressed or implied by virtue of the terms herein, the Buyers agreement cannot be retracted on any order that has been submitted, regardless of whether the Seller has accepted the offer of purchase.
    • 1.6. All Buyers must be at least 18 years of age.
    • 1.7. Nothing within the Sellers Terms of Business intends to infringe the Buyers statutory rights and as such cannot be construed to do so. Where statutory rights differ from the terms within they shall prevail in all instances.
  • 2. The Price
    • 2.1. The Seller reserves the right to revise the price specified in any contract, order, tender, communication, or amendment thereof at any time prior to delivery, at their full discretion. Where a price increase occurs the Seller will offer the Buyer the revised price for acceptance. Acceptance will be implied after the period of 7 days following notification unless the Seller is informed of the Buyers’ rejection.
    • 2.2. All prices quoted are excluding VAT and all applicable delivery charges, unless otherwise stated.
      • 2.2.1. Where payment is received via debit or credit card VAT is chargeable at the rate currently in force. Where goods or services are invoiced, VAT is chargeable at the rate in force at the date of invoice, even when this is higher than the rate chargeable on the date of order.
      • 2.2.2. For delivery charges please consult the Sellers delivery terms below.
    • 2.3. The Buyer will be notified of any other additional charges, the acceptance of which will be construed 7 days following notification unless the Seller is informed of the Buyers’ rejection. Where the Buyer rejects additional charges, beyond VAT and delivery, the Sellers cancellation terms (below) will apply.
  • 3. Payment
    • 3.1. All orders on Raffenday Online must be paid in full via debit or credit card before the order will be complete. See Distribution Specific Terms for further conditions.
    • 3.2. All invoices must be paid by the Buyer within 30 days of receipt, unless expressly agreed otherwise.
    • 3.3. All products are subject to the terms relating to title below.
    • 3.4. Any dispute of payment terms must be in writing and within 7 days of the Buyers’ receipt of the invoice, or within 7 days of receipt of payment where the Buyer has paid in full via debit or credit card at the time of order.
    • 3.5. Without prejudice to the rights of the Seller to payment in accordance with the terms, the Seller shall, at its full discretion, maintain the right to charge the Purchaser interest at a rate per annum equal to whichever is the greater of:
      • 3.5.1. 2% above the average base being charged by the London Clearing Banks for the period that payment is due; or
      • 3.5.2. 8% on any sum outstanding after thirty days, from the date on which such payment becomes due to the actual date payment is received.
  • 4. Delivery
    • 4.1. All orders less than 10kg to be delivered within the United Kingdom will be subject to a Delivery charge of £4.50 or the equivalent in your chosen payment currency.
    • 4.2. 4.2. All orders less than 10kg to be delivered within the Countries detailed within subsection 4.2.1 will be subject to a Delivery charge of £10.00 or the equivalent in your chosen payment currency:
      • 4.2.1. Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
    • 4.3. All orders less than 10kg to be delivered within the United States of America and Canada will be subject to a Delivery charge of £20.00 or the equivalent in your chosen payment currency.
    • 4.4. All orders less than 10kg to be delivered within Australia and New Zealand will be subject to a Delivery charge of £25.00 or the equivalent in your chosen payment currency.
    • 4.5. Orders over 10kg may be subject to an increased rate of Delivery at the discretion of Raffenday Limited.
    • 4.6. Where one order requires multiple packages the Buyer will be liable to pay the applicable Delivery charges for each package dispatched.
    • 4.7. Following receipt of the Sellers availability and dispatch email, please allow at least three working days for delivery of the order within the United Kingdom. This is the Sellers expected turnaround of distribution orders to be delivered within the United Kingdom unless stated otherwise within the product description, at the point of order, or on the availability and dispatch email which constitutes the Sellers acceptance of the Buyers offer to purchase.
    • 4.8. Should you require the Goods sooner please contact us directly on sales@raffenday.com or telephone +44 1933 673 333, where we will be happy to oblige all feasible requests. Such services may be subject to additional charges.
    • 4.9. We are unable to estimate an expected turnaround of distribution orders outside of the United Kingdom. If you wish to discuss the delivery of any order outside of the United Kingdom in detail, please contact us directly on esales@raffenday.com or telephone +44 1933 673 333.
    • 4.10. Risk of loss or damage to products for all distribution orders passes to the Buyer at the time of delivery to the specified address or at the time delivery is first attempted.
    • 4.11. Delivery of manufactured harnesses will be subject to the terms of the contract concerned, and further subject at all times to the Manufacturing Specific Terms herein.
    • 4.12. Whilst the Seller will make every effort to deliver Goods within the estimated delivery timescale, delays are occasionally inevitable due to unforeseen circumstances. Raffenday Limited shall be under no liability for any delay, howsoever caused, or for any failure to deliver products within the estimated timescales.
    • 4.13. By virtue of the above, the Buyer shall not be entitled to reject the Goods due to delayed delivery.
  • 5. Returns and Refunds
    • 5.1. The Buyer will only be entitled to return and obtain a refund or replacement for Goods in the limited circumstance of damaged Goods, non-conforming Goods, or defective Goods. Such returns, refunds and replacements will be subject at all times to the terms stated herein as well as within Raffenday Online’s Terms of Use where applicable.
      • 5.1.1. Returns and refunds for any other reason will not be accepted by the Seller.
      • 5.1.2. In the event that the Seller accepts a return and refund or replacement for any other reason this shall be an act of good will and cannot be incorporated into these terms or the terms of any contractual agreement for the Sale of Goods by virtue of common practice or any other rationale.
    • 5.2. Orders received with shortages will be investigated by Raffenday Limited and the appropriate transportation company. A credit to the Buyers account or dispatch of missing Goods may be offered but will be subject at all times to the Sellers full and undisclosed discretion.
    • 5.3. Upon receipt of the Goods the Buyer has an allowance of 7 days inspection of the product after which time the Seller will not accept any claim for shortages or non-conforming Goods.
    • 5.4. If the Buyer shall fail to give such adequate notice as required hereunder then the Goods shall be deemed in all respects to be in accordance with the order and the Buyer shall be deemed to have accepted the Goods, in all instances, 7 days after delivery.
    • 5.5. Goods represented to the Buyer to be defective shall, if authorised by the Seller within 28 days of delivery, be returned and in the Sellers absolute discretion shall either be replaced or credited, unless agreement is reached otherwise.
    • 5.6. Beyond 28 days the Purchaser of defective products should contact Raffenday Limited directly. All refunds will be subject to the full terms herein as well as Raffenday Online’s Terms of Use.
    • 5.7. All refunds agreed by the Seller will be automatically credited to the Buyers Raffenday account unless expressly requested otherwise.
      • 5.7.1. In any event, all refunds relating to accounts with outstanding funds will result in account credit.
  • 6. Cancellations
    • 6.1. Once received by Raffenday Limited no order can be cancelled, and the Buyer will be liable for the full value associated with all confirmed orders on the next invoice date.
      • 6.1.1. An exception may apply at the full discretion of Raffenday Limited where they offer their express consent to such a cancellation, and only on terms which will indemnify Raffenday Limited against all associated loss, incurred wholly or in part by virtue of such cancellation.
      • 6.1.2. Upon the agreed cancellation of any order or part thereof, the purchaser may be liable to a cancellation charge in addition to the above term.
    • 6.2. Cancellations will not be accepted, at any time, for any Goods specifically manufactured to the Purchaser’s requirements.
    • 6.3. Orders, once received by the Seller, cannot be suspended without the Sellers written consent.
    • 6.4. Any suspension, accepted by the Seller, will render the Buyer liable to indemnify the Seller against any associated loss caused directly or indirectly by such suspension.
  • 7. Default of Payment
    • 7.1. In the event of default which brings the foundation of the contract into disrepute the Buyer remains liable for the full value associated with their account at Raffenday Limited which remains outstanding at the date of the default in question.
      • 7.1.1. This shall be inclusive of the costs associated with the full value of the contract which may not appear on any invoice prior to the date of the default in question which the Buyer will remain liable for by virtue of these terms.
      • 7.1.2. Such costs will include all tooling and materials, labour and potential loss of profit incurred by Raffenday Limited in association with the Buyers account.
    • 7.2. In any event if the Buyer: commits any breach of these terms; shall, in the opinion of the Seller, be unable to pay the Seller for the Goods outstanding; shall suspend payments due on its account; shall enter into any arrangements with its creditors relating to Goods associated with an unpaid account; shall, being a company, have a Receiver appointed of its assets; shall enter a period of Administration; shall pass any resolution to be wound up; shall, being a person, command any act of bankruptcy, or have any bankruptcy petition presented against it, then and in any such event the Seller shall, at any time, without prejudice to any other rights and remedies it retains, and without any liability whatsoever, be at liberty forthwith by 24 hours notice in writing to the Buyers address or principle place of business:
      • i. To cancel all orders and contractual obligations on the part of the Seller or any part thereof remaining unfulfilled between the Seller and the Buyer;
      • and/or
      • ii. To be entitled to gain access to the Buyers premises either for itself or its appointed agents, for the purposes of the protection, removal, realisation, and disposal of any Goods in which property shall not have passed from the Seller to the Buyer, or has reverted back to the Seller, in accordance with these terms
  • 8. Electronic Communications
    • 8.1. It is the practice of the Seller that the majority of communication with the Buyer will be electronic, primarily through direct email communications. By accepting these Terms of Business, and by virtue of Raffenday Online’s Terms of Use where applicable, the Buyer expressly agrees to receive communications from the Seller electronically and further agrees that all notices, disclosures, agreements and other communications provided to them electronically, and from them electronically, will satisfy any legal requirement that such communications should be in writing.
    • 8.2. All email communications between the Seller and the Buyer are subject to any disclaimers they may contain.
  • 9. Design Specific Terms
    • 9.1. All standard design work undertaken by Raffenday Limited is chargeable at the rate of £500 per day.
      • 9.1.1. This amount is subject to change at any time at the full discretion of Raffenday Limited without prior notification.
      • 9.1.2. All design requests are subject to the Sellers costing procedures and may be subject to the increased rate of £750 per day upon notification.
    • 9.2. Full ownership, title and copyright to Raffenday Limited designed electrical wiring harness drawings will remain with Raffenday Limited at all times.
      • 9.2.1. Should the purchaser request transfer of the above rights, they may be granted at the full discretion of Raffenday Limited and only for considered agreed value.
      • 9.2.2. No document containing Raffenday Limited Intellectual Property is to be disclosed to a third party without prior written permission from Raffenday Limited
    • 9.3. The cost of design does not in any manner reflect or imply a purchase of the intellectual property of Raffenday Limited. The cost of design covers the designer’s fee only and is not a purchase of the rights to the electrical wiring harness drawing.
    • 9.4. At the full discretion of Raffenday Limited services may be rendered for the design of electrical wiring harnesses followed by the transfer of the intellectual property rights attached to such designs using the document entitled “Formal Transfer of Intellectual Property Rights”. This will be offered at the full discretion of Raffenday Limited in return for considered value.
    • 9.5. For full terms and conditions please consult the Design Agreement, a document which this term will be subject to at all times in the event that the parties to these terms also become party to the design agreement
  • 10. Manufacturing Specific Terms
    • 10.1. Costs associated with manufacturing an approved product order are quoted Ex-Works Raffenday Limited, Wellingborough unless expressly stated otherwise in communications between the Seller and the Purchaser.
    • 10.2. Costings provided do not include transportation of the Goods or insurance of the products once they have left the boundaries of the Sellers factory, which is identified as the principle place of business.
    • 10.3. Buyers are responsible for the organisation of both transportation and insurance. Arrangements can be made on the Buyers behalf upon express request, although the Seller will be excluded from liability in all instances once the product has left the Sellers premises.
      • 10.3.1. Loss or damage during transportation is the responsibility of the Purchaser to settle all disputes personally with their chosen transportation company. Raffenday Limited can accept no responsibility for such losses and will not offer replacement products at a reduced rate.
      • 10.3.2. The Seller will offer assistance in providing any relevant documentation or other information where feasible. However, no liability will fall to the Seller beyond the factory boundary, under any circumstances and regardless of the level of input Raffenday Limited may have had in influencing the carrier of choice.
    • 10.4. Liability for non-receipt of Goods, which have been signed for by the transportation company, will not be accepted by the Seller under any circumstances.
    • 10.5. Liability for delivery discrepancies concerning Goods which have not been signed by the transportation company will not be accepted by Raffenday Limited unless notified by the Purchaser directly and within two working days of receiving the delivery note associated. After such notification an investigation will be carried out to discover any missing items, followed by agreement of rectification between the parties concerned, inclusive of the transportation company involved.
    • 10.6. Where an estimated date of delivery is provided every endeavour will be made to deliver Goods on or before that date. Such estimations are not binding in any manner and are provided for general guidance purposes only, unless expressly agreed otherwise between the parties.
      • 10.6.1. Raffenday Limited will accept no responsibility or liability for any consequential loss as a result, howsoever direct, of delivery which occurs beyond the estimated date provided, regardless of the existence of notification for late delivery.
      • 10.6.2. The Seller will endeavour to inform the Buyer, at the earliest opportunity, of any expected delay in the firm delivery date which has been estimated, including a new revised schedule, to be agreed by the Buyer.
    • 10.7. Before dispatch all manufactured products will be appropriately tested and/or inspected before approval for distribution by Raffenday Limited.
    • 10.8. Upon receipt of the Goods the Buyer has an allowance of 7 days inspection after which the Seller will not accept any claim for shortages or non-conforming Goods.
    • 10.9. Raffenday Limited will offer Purchasers of manufactured Goods three months from the date of delivery to return any incorrectly manufactured Goods.
      • 10.9.1. Beyond this date no liability can be accepted by Raffenday Limited for any loss or damage associated in any manner with the products we have manufactured.
    • 10.10. Upon receipt of the Goods it is the Buyers responsibility in all circumstances to test the products before use. Any damage resulting from Raffenday Limited Manufactured products which were incorrectly test or not tested by the Buyer upon delivery cannot result in liability for the Seller in any instance. This is accepted by both parties upon commencement of contractual obligations between the Buyer and the Seller.
    • 10.11. The Seller will accept no further liability, under any circumstances, for loss or damage resulting from Raffenday Limited manufactured Goods, that is experienced by the Buyer or any other third party, once the Buyer has entered into any agreement to transfer the property in the Goods to a third party.
  • 11. Raffenday Online Specific Terms
    • 11.1. All transactions associated with Raffenday.com are subject to Raffenday Online’s Terms of Use in full. It is the Buyers responsibility in all instances to ensure knowledge and understanding of such terms as they will be incorporated into all contracts for the sale of Goods in relation to Raffenday Online.
    • 11.2. Upon placement the Buyers order from a Raffenday Online account represents an offer of purchase to the Seller which will only be accepted by Raffenday Online when an email confirmation that the Goods in question are available for dispatch is sent to the Buyer, at which point acceptance of the Buyers offer to purchase shall occur. As such the contract for the Sale of Goods is only entered into between the Seller and the Buyer when the email confirmation of availability and dispatch is sent. This is not the automated email which the Buyer will receive upon placement of an order. The automated order placement communication from the Seller to the Buyer signifies that the order has been sent. It does not guarantee that the Seller has received the order or that they have accepted the offer of purchase. This will only be deemed to have occurred when the Buyer has received the subsequent confirmation of availability and dispatch.
    • 11.3. All orders are subject to successful credit card or Sage Pay authorisation and subject to the Goods being in stock at the time acceptance occurs.
  • 12. Intellectual Property and Confidentiality
    • 12.1. All information supplied by Raffenday Limited to the Buyer whether written or electronic, remains confidential between Raffenday Limited and the Buyer for the duration of contractual obligations and will remain the intellectual property of Raffenday Limited at all times.
      • 12.1.1. Further to this all information is supplied to aid in the conduct of transactions with the Seller and is intended to be used for this purpose only.
      • 12.1.2. Such information may or may not contain classified, confidential and/or privileged material, subject to copyright, which may or may not, amount to a trade secret. Any review, transmission, dissemination or other use, or taking any action in reliance upon this document by persons or entities other than the intended recipient, or for purposes other than those expressly intended by the Seller is prohibited and may be unlawful. Misuse or misappropriation of the Sellers Intellectual Property will result in liability to purchase such rights at the appropriate amount decided at Raffenday limited’s full and undisclosed discretion.
    • 12.2. The Buyer is prohibited, unless by prior written agreement, from reproducing, reverse engineering, modifying, amending, transforming, transmitting, copying, duplicating or creating derivative works from any information, drawing, design, logo, trademark, or trade dress which is the intellectual property of Raffenday Limited.
  • 13. Title of Goods
    • 13.1. The risk associated with all Goods will pass to the Buyer at the point of Delivery.
    • 13.2. Delivery for all distribution orders is deemed to have occurred at the point the buyer receives the Goods, or the time at which delivery is first attempted.
    • 13.3. Delivery for all Raffenday manufactured Goods shall occur in all instances when the product has left the confines of Raffenday Limited’s premises and is subject at all times to the Manufacturing Specific Terms herein.
    • 13.4. Title to all Goods remains with the Seller until such time as payment for the Goods has been received in full, subject to the manufacturing specific term immediately below.
    • 13.5. Due to the unique nature of Raffenday manufactured products being to the specific requirements of the Buyer, title will pass once the products have left the confines of Raffenday Limited’s Warehouse.
    • 13.6. Raffenday Limited reserves the right to withdraw this term upon any default of payment by the Buyer in which instance title will revert back to Raffenday Limited immediately, regardless of whether the Buyer has previously accepted title to the Goods through delivery.
  • 14. Force Majeure
    • 14.1. The Seller shall not be liable in any way for loss or damage, howsoever caused, arising directly or indirectly, through or in consequence of delivery of the Goods being prevented or delayed by reasoning or occurrences, which is due to or by rationale of: mobilisation of hostilities; acts of the Queen’s enemies or war, whether declared or not; Government actions; acts of God; riots; trade union associated lockouts, strikes or disturbances wherever taking place; want of raw materials or fuel in consequence of non-delivery; want of transport; accidents; fire; flood; heat; frost; store damage; intemperate weather; holidays; breakdowns; shutdowns; accidents to machinery; or late provision to the Seller of any information or instruction pertinent to the fulfilment of the order.
    • 14.2. The Seller shall not be liable for any failure to fulfil any obligation under these Terms if prevented from doing so by any cause beyond it’s reasonable control.
  • 15. Governing Law
    • 15.1. Unless otherwise agreed in writing these Terms of Business shall be read and construed to take effect in all respects in accordance with the laws of England and the Buyer/Purchaser hereby submits to the jurisdiction of the English Courts.
  • 16. Raffenday Limited
    • 16.1. Raffenday Limited is a United Kingdom Limited Liability Company (Registration Number: 2173776) whose principle place of business is:
      • 16 Fleming Close, Park Farm North Wellingborough, Northamptonshire, NN8 6UF
    • 16.2. Raffenday.com and Raffenday Online are the trading names of Raffenday Limited. Please see the ‘About Raffenday’ and ‘Contact Us’ areas of Raffenday.com for further information.
Copyright © 2017 Raffenday Limited