Terms & Conditions of Sale
1. INTERPRETATION
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1.1 The following definitions and rules of interpretation apply in these
Terms:
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business. Contract: any contract between Remark and the Customer for the sale and purchase of the Equipment and/or provision of Services, incorporating these Terms. Customer: the person, firm or company who purchases the Equipment or Services from Remark as identified in the Order Acknowledgement. Delivery Point: the place where delivery of the Equipment or Services are to take place under condition 4. Equipment: any equipment agreed in the Contract to be supplied by Remark (including any part or parts of it). Installation: installation of the Equipment and/or Services by Remark at
the Premises. Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: the Customer’s order or purchase order for Equipment and/or Services as confirmed in the Order Acknowledgement.
Order Acknowledgement: Remark’s acceptance of an Order (which may
be by email), to which these Terms are attached.
Premises: the address for delivery and instalment of the Equipment/and
or provision of Services as set out in the Order Acknowledgement.
Price: the price payable by the Customer to Remark for the provision of
Services and/or Equipment and Installation set out in the Contract.
Remark: a business whose address is at Lake Ridge, 4 Flaxley Road,
Kingston Park, Peterborough, Cambridgeshire, PE2 9FT.
Services: any services agreed to be supplied by Remark.
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data
Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI
2003/2426) as amended.
1.2 A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these Terms.
2. APPLICATION OF THESE TERMS
2.1 The Order constitutes an offer by the Customer to purchase Equipment
and/or Services in accordance with the Contract and these Terms.
2.2 Orders shall only be deemed to be accepted when Remark issues the
Order Acknowledgment. The Contract shall come into existence on the
earlier of:
2.2.1 Remark issuing the Order Acknowledgment: or
2.2.2 Remark carrying out any act consistent with the carrying on of the Services, supply of Equipment and/or Installation,
(Commencement Date).
2.3 Subject to variation under condition 2.4, these Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice
or course of dealing.
2.4 The Customer acknowledges and agrees that any changes agreed by Remark to the Contract, any Equipment, Installation and/or Services (including any additional Equipment and/or Services to be supplied) in accordance with condition 7, shall be deemed to be supplied pursuant to and shall incorporate these Terms.
2.5 These Terms apply to all sales by Remark and any variation to these Terms and any representations about the Equipment and/or Services shall have no effect unless expressly agreed in writing and signed by an authorised representative of Remark.
2.6 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Remark which is not set out in the Contract. Nothing in this condition 2.6 shall
exclude or limit Remark's liability for fraudulent misrepresentation.
3. DESCRIPTION
3.1 The quantity and description of the Equipment shall be as set out in the Order Acknowledgement.
3.2 All drawings, descriptive matter, specifications and advertising issued by Remark and any descriptions or illustrations contained in its catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Equipment described in them and shall not form part of the Contract.
4. DELIVERY AND INSTALLATION
4.1 Unless otherwise agreed in writing by Remark, delivery of the Equipment and/or Services shall take place at the Premises.
4.2 The Customer shall take delivery of the Equipment within 7 days of Remark giving notice that the Equipment is ready for delivery. If the Customer fails to accept delivery of the Equipment, then except where such failure or delay is caused by force majeure or by Remark’s failure to comply with its obligations under the Contract in respect of the Equipment:
4.2.1 delivery of the Equipment shall be deemed to have been completed at 9.00 am on the eighth Business Day following the day on which Remark notified the Customer that the Equipment was ready; and
4.2.2 Remark shall store the Equipment until delivery takes place and charge the Customer for all related costs and expenses (including insurance).
4.3 Any dates specified by Remark for delivery of the Equipment, Installation and/or supply of Services are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery and Installation shall be within a reasonable time.
4.4 The Customer shall prepare the area of delivery and Installation for the Equipment and/or Services (at its own cost) and provide free access to the Premises and to any services or facilities that may be required to deliver and install the Equipment and carry out any survey before delivery.
4.5 Remark may charge the Customer for any special Installation requirements.
4.6 Remark shall be entitled to cancel the Contract if, in its sole opinion, Installation cannot be carried out at the Premises for reasons of health and safety.
4.7 If Remark fails to deliver the Equipment, its liability shall be limited to the Price. Remark shall have no liability for any failure to deliver the Equipment, Installation or provide Services to the extent that such
failure is caused by force majeure in accordance with condition or the Customer's failure to provide Remark with adequate delivery instructions for the Equipment or any relevant instruction related to the supply of the Equipment.
4.8 Remark reserve the right to amend the specification of any Equipment, Installation and/or the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not
materially affect the nature or quality of the Equipment and/or the Services.
6. CUSTOMER OBLIGATIONS
5.1 The Customer shall:
5.1.1 ensure that the terms of its Order and any information it provides to Remark are complete and accurate at all times;
5.1.2 co-operate with Remark in all matters relating to the Services and delivery and Installation of the Equipment;
5.1.3 appoint a manager for the purposes of the Contract. That person shall have the authority to contractually bind the Customer on matters relating to the Services and the Equipment (including by signing Variation Orders) and the Customer warrants to Remark to that effect;
5.1.4 provide Remark, its employees, agents, consultants and subcontractors, with access to the Customer's premises, office accommodation and other facilities as reasonably required by Remark;
5.1.5 provide Remark with such information and materials as Remark may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
5.1.6 prepare the Premises (Customer's premises for the supply of the Services;
5.1.7 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
5.1.8 comply with all applicable laws, including health and safety laws
5.1.9 comply with any additional Obligations as set out in the Order Acknowledgement.
6. CUSTOMER DEFAULT
If Remark's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
6.1 without limiting or affecting any other right or remedy available to it, Remark shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the
Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Remark's performance of any of its obligations;
6.2 Remark shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Remark's failure or delay to perform any of its obligations as set out in this clause 6.2; and
6.3 the Customer shall reimburse Remark on written demand for any costs or losses sustained or incurred by Remark arising directly or indirectly from the Customer Default.
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info@remarkgroup.co.uk