Rolux Fishing Rods
TERMS & CONDITIONS OF SALE
All contracts for the sale of goods, including the goods relating to an order / quotation or invoice and any future transactions, by Rolux Fishing Rods Limited, hereafter referred to as Rolux, shall be subject to the following terms and conditions.
1. Rolux warrants that it's produce are of normal trade quality or equal to sample submitted, or to quality specified on the website. Rolux is not to be responsible for the goods being fit for any particular purpose unless such purpose is stated on the website or in this form. If any goods manufactured by Rolux are found to depart from whichever of these standards is applicable, Rolux shall be liable for replacement of such goods only, provided the purchaser notifies Rolux of such defect within seven days of receipt of goods. No goods are returnable to Rolux unless they are received within thirty days from the date of dispatch. In no case shall Rolux be responsible for any loss or damage caused to the purchaser, including indirect or consequential loss.
2. The price referred to in any literature or website is based on the current cost of labour and materials and the exchange rates current at the date of the quotation or order. If there are any increases in the cost of labour and materials or variation of exchange rates between the date of the quotation or order and the date of delivery, Rolux shall be entitled to charge such increased amount to the purchaser who shall pay for the same as part of the contract price.
3. The purchase price for the goods is due for payment by the purchaser at the time of order by direct credit, credit card or PayPal or by alternative means negotiated with the purchaser and agreed to in writing by Rolux.
4. The time-frame for delivery stated in the website or order form is given as a fair estimate of expected delivery date, but Rolux. is not to be held responsible for non delivery by the specified date. Rolux is not to be responsible for any matters beyond it's control, including Acts of God, strikes, lock-outs or other labour disputes, fire, flood or legislation or inability to procure materials or components which result in late delivery including any direct, indirect or consequential loss or damage.
5. Rolux is not to be responsible for any conditions, terms, representations, warranties or promises other than those given herein on the website or that have been agreed to in writing by Rolux. All other conditions and warranties expressed or implied whether by statute or otherwise are hereby expressly negatived and excluded.
6. The property in the goods to be supplied shall not pass until the purchaser has paid for them in full, despite the fact that goods may have been delivered to the person and/or company which places the order.
You acknowledge and agree that:
( a ) By assenting to these terms, you grant a security interest ( by virtue of the retention of title clause in clause 7 of these Terms ) to us in all goods previously supplied by us to you ( if any ) and all after acquired goods supplied by us to you ( or for your account ) ; and
( b ) these Terms shall apply not withstanding anything expressed or implied to the contrary contained in your purchase order.
.2 Financing Statement:
You undertake to:
( a ) sign any further documents and/or provide any further information ( which information you warranted to be complete, accurate, and up to date in all respects ) which we may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register.
( b ) Not register a financing change statement or a change demand in respect of the goods ( as those terms are defined in the PPSA ) without our prior written consent; and
( c ) give us not less than 14 days prior written notice of any proposed change in your name and/or any other change in your details ( including but not limited to, changes in your address, facsimile number, trading name or business practice)
You waive your right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest.
8.4 Contracting out.
( a ) You agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these Terms and , with our agreement, contract out of such sections.
( b ) To the maximum extent permitted by law you waive your rights and, with our contract out of your rights under the sections referred to in section107(2) ( c ) to ( e ) and ( g ) to ( i ) of the PPSA.
and , with our agreement, contract out of such sections.