Terms and Conditions

General
1. “Conditions” means the terms and conditions of sale set out in this document.

2. “Customer” means the party who accepts a quotation from Stoprat for the sale of the Goods or whose order for the Goods is accepted by Crisp Websites.

3. “Stoprat ” means an operating division of Crisp Websites Ltd., Maple Works, Old Shoreham Road, Hove BN3 7ED and may be substituted by or for Stoprat.co.uk

4. “Goods” means the goods (including any instalment of the goods), which Stoprat is to supply in accordance with these Conditions.

5. “Contract” means the contract for the sale and purchase of the Goods.

Contract
1. No representative appointed by or representing Stoprat is authorised to create a contract or make a commitment on behalf of Stoprat save in accordance with these conditions.

2. A contract is created when a Customer accepts Stoprat’s quotation and terms by clicking on the appropriate box.

3. Stoprat’s employees or agents are not authorised to make representations concerning the Goods unless confirmed by Stoprat in writing. In entering into the Contract the Customer acknowledges that there is no reliance on and waives any claim for breach of any such representations which are not so confirmed.

4. Any advice or recommendation given by Stoprat or its employees or agents relating to the application or use of the Goods is followed or acted upon entirely at the Customer’s own risk.

5. Any typographical or other error or omission in any literature, quotation, invoice or other document issued by Stoprat shall be subject to correction without any liability on its part.

6. No contract may be cancelled by the Customer without Stoprat’s written agreement and on terms that the Customer indemnifies Stoprat in full against all loss incurred by Stoprat as a result of the cancellation.

7. The Contract shall be governed by English law.

Orders and Specifications
1. The Customer shall be responsible to Stoprat for ensuring the accuracy of the terms of any order confirmed.

2. The quality, description and specification of the Goods shall be those set out in Stoprat’s current literature or website.

3. Stoprat reserves the right to make any changes to the specification of the Goods to conform to any applicable safety or other requirements and which do not materially affect their quality or performance.

Charges and Payment
1. All prices quoted are exclusive of taxes and delivery, unless specified otherwise, and are valid for the stipulated quantity only.

2. Crisp Websites will enclose a hard-copy invoice to the Customer with the Goods when they are despatched for delivery. Payment for the Goods will already have been made by credit card.

Delivery
1. Goods will be sent to the Customer by a third-party carrier chosen by Stoprat.

2. Any periods of time or other dates quoted for delivery of the Goods are approximate only and Stoprat shall not be liable for any delay in the delivery of the Goods howsoever.

3. The quantities quoted are average quantities accurate to 1%. Stoprat utilises state of the art measuring and weighing equipment conforming to the EU Council Directive 90/384/EEC.

4. If Stoprat fails to deliver the Goods for any reason other than any cause beyond Stoprat’s reasonable control or the Customer’s fault, and Stoprat is accordingly liable to the customer, Stoprat's liability shall be limited to the excess (if any) of the cost to the Customer ( in the cheapest available market ) of similar Goods to replace those not delivered over the price of the Goods.

5. Where, upon delivery of the Goods, the Customer discovers that it has incorrectly ordered those Goods, a handling charge will be charged if Stoprat agrees to accept return of those Goods. Without prejudice to the right of Stoprat to refuse to accept return of the goods in any case, Stoprat will not accept return of goods if more than 7 days have elapsed since they were delivered to the Customer

6. Stoprat shall not be liable for damage to the whole or any part of a shipment, or physical loss, mis-delivery or non delivery of part of the shipment unless advised thereof in writing within three working days, and the claim is made in writing within fourteen days, after the termination of transit.

Risk and Property
1. Goods supplied by Stoprat shall be at the Customer’s risk immediately on delivery and the Customer shall insure accordingly.

2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, title in all Goods supplied or sold by Stoprat shall be retained by Stoprat until all sums due on any account whatsoever from the Customer to Stoprat have been received by Stoprat either in cash or cleared funds.

3. Until such time as the property in the Goods passes to the Customer, Stoprat shall be entitled at any time to require the Customer to deliver up the Goods to Crisp Websites and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the Goods.

Warranties and Liabilities
1. Subject to the conditions set out below Stoprat warrants that at the time of delivery the Goods will correspond in all material respects with the specifications in catalogues and websites current at the date of the Contract and will be free from defects in material and workmanship. However, the specifications of the Goods shall be subject to reasonable variations provided that any alteration to the Goods does not materially affect performance. If any Goods do not conform to the above warranty Stoprat shall at its option: replace the Goods found not to conform to the above warranty ; take back the Goods found not to conform to the warranty and refund the appropriate part of the purchase price, provided that the liability of Crisp Websites shall in no event exceed the purchase price of the Goods. Any one of the above options shall constitute an entire discharge of Stoprat's liability under this warranty.

2. The above warranty is given by Stoprat subject to the following conditions: Stoprat shall be under no liability in respect of any defect arising from any drawing, design or specifications supplied by the Customer ; Crisp Websites shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Stoprat’ instructions (whether oral or in writing ), misuse or alteration or repair of the Goods without Stoprat’s approval ; Stoprat shall be under no liability under the above warranty ( or any other warranty conditions or guarantee) if the total price for the Goods has not been paid ; the Customer notifying Stoprat within 30 days of the delivery of the Goods.

3. Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

4. Except in respect of death or personal injury caused by Stoprat’s negligence, Stoprat shall not be liable to the Customer by reason of any representations, or any implied warranty, conditions or other terms, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of Stoprat, its employees or agents or otherwise ) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer, except as expressly provided in these Conditions.

5. Stoprat shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Stoprat’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Stoprat’s reasonable control (“Force Majeure”). The time for performance shall be extended for the period of the Force Majeure but Crisp Websites may, at any time during such period, terminate this Contract by immediate notice, without liability to the Customer.

6. The Customer shall indemnify Stoprat against all loss, damages, costs and expenses awarded against or incurred by Stoprat in connection with or paid or agreed to be paid by Stoprat in settlement of any claim brought by a third party in respect of loss, injury or damage sustained after receipt of the Goods by the Customer.