Terms & Conditions

Special Offers, Promotions & Competition Terms & Conditions

  • All special offers, promotions & competitions will run for a stated period of time.

  • All items are subject to availability.

  • Please phone to confirm availability and prices before placing an order.

  • Special offers, promotions & competitions may be withdrawn without prior notice.

  • Only the winner of a competition will be contacted.

  • Images for illustration purposes only.

  • Please note we will not pass your details on to any third parties. Information given is for RGB use only.

  • No cash equivalent is offered for competition prizes. 

  • Images for illustration purposes only.

  • Competitions only open to UK residents.

  • RGB Building Supplies competitions are only open to non-employees of Rawle Gammon & Baker Holdings Ltd.

  • Rawle Gammon & Baker Holdings Limited Terms of Trading apply.

  • Always follow safety instructions when dealing with gas and electricity.

TERMS OFTRADING

“We” and “Us” meansRawle Gammon& Baker HoldingsLimited and “Our” shall be interpreted accordingly
“You” meansthe person, firmor companyseeking to purchaseGoods from Us, and “Your” shall be interpreted accordingly.
“Goods” meansthe goods and/orservicesto be supplied by Us.
“Terms” meansthese and any special terms agreed in writing betweenYou and Us.
“Contact” means any contractfor the supply of Goods incorporatingtheseTerms.
THESE TERMS DO NOT APPLY IF YOU ARE A CONSUMER. FOR THIS PURPOSE A CONSUMER MEANS ANY NATURAL PERSON ACTING
FOR PURPOSES OUTSIDE HISTRADE BUSINESS OR PROFESSION
HEALTH & SAFETY INFORMATION ABOUT THE USE OFTHE GOODS IS PROVIDED AND IT IS YOUR RESPONSIBILITY TO BRING THIS TO
THEATTENTION OFTHE USER OFTHE GOODS
2. THE CONTRACT
2.1 2.1 .1 All orders are accepted by Us only under theseTerms and theymay not be altered without Our written agreement.Any contrary or additional terms
unless so agreed are excluded.
2.1.2 The Contract shall be on these Terms to the exclusion of all other terms and conditions (including any terms or conditions which You purport to
apply under any purchase order, confirmation of order,specificationor other document).
2.1.3 No terms or conditions endorsed on, delivered with or contained in Your purchase order, confirmation of order, specification or other document
shallform part of theContractsimply as a result of such document being referred to in theContract.
2.2 Quotations are invitationsto treat only and shall lapse 30 days from their date.
2.3 You shall be responsible to Us for ensuring the accuracy of the terms of any order including any applicable design drawing or specification provided by You
and for giving Us any necessary information relating to the Goods within a sufficient time to enable Us to perform the Contract in accordance with its
Terms.
2.4 2.4.1 We shall not be liable in respect of any misrepresentationmade by Usto You asto the condition of the Goods their fitnessfor any purpose or asto
quantity or measurements unless the representation is:
2.4.1.1 made or confirmedin writing by Us; and/or
2.4.1.2 fraudulent.
2.4.2 Without prejudice to Clause 2.4.1 of these Terms while We take every precaution in the preparation of Our catalogues, technical circulars, price
lists and other literature these documents are for Your general guidance only and statements made therein (in the absence of fraud on Our part) shall
not constitute representations by Us and We shall not be bound by them. If You require advice in relation to the Goods a specific request for advice
should be made and any advice made or confirmed in writing in response to such a request shall amount to a representation and We shall he liable
accordingly.
2.5 We reserve the right to supply alternative goods of similar description and quality to those ordered.
2.6 Our services do not include the installation of any Goods.
3. PRICE
3.1 Our quotations and prices are based on costs prevailing at the time when they are given or agreed. We shall be entitled to adjust the price of the Goods as at
the time of delivery by such amount as may be necessary to cover any increase sustained by Us after the date of acceptance of Your order in any direct or
indirect costs of making, obtaining, handling or supplying the Goods.
3.2 Prices quoted are applicable to the quantity, specification, delivery dates and information provided by You. If the order placed varies, or delay is caused by,
Your instructions or lack of instructionsWe shall be entitled to adjust the price.
3.3 The price is exclusive of VAT, which will be due at the rate applicable on the date of Our invoice.
4. PAYMENT
4.1 Unless other credit terms have been agreed in writing, credit account invoices are due for payment on the last day of the month following the month in which
the invoice for the Goods is dated.
4.2 We reserve the right to refuse to execute any order or contract if the arrangementsfor payment are not, or Your credit is not, satisfactory to Us and in our sole
discretion We may require payment for each consignment when it is available and before it is despatched in which case delivery will not be effected until We
are in receipt of cleared funds.
4.3 You may not withhold payment of any invoice or other amount due to Us by reason of any right of set off or counterclaim which You may have or allege to
have for any reason whatever.2
5. DELIVERY
5.1 Deliverywill be effected when the Goods leave Our premises or the premises of Our supplierswhen the Goods are to be delivered directfrom supplierstoYou.
5.2 Deliverydates are given in good faith but are estimates only
5.3 Unless otherwise agreed in writing time for delivery shall not be of the essence of theContract.
5.4 We shall not be liable for any loss, damages, costs or expenses of any kind whatsoever whether direct or indirect (including, for the avoidance of doubt, any
liability to any third party)resulting from any delay in delivery of the Goods or failure to deliverthe Goods in a reasonable time.
5.5 If We fail to deliver the Goods Our entire liability shall be limited to the excess (if any) over the price of the Goods, of the cost to You (purchasing in the
cheapestmarketreasonablyavailable toYou) of similar goods to replace those not delivered.
5.6 If you fail to take or make arrangements to accept delivery or collect the Goods or if We are unable to deliver because of inadequate access or instructions
delivery shall be deemed andWemay do any one or more of the following (without prejudice to any otherright or remedyWemay have):
5.6.1 make additional chargesfor failed delivery;
5.6.2 store the Goods atYour risk and costs;
5.6.3 invoiceYou for the Goods;
5.6.4 terminate thisContractwithout liability on Our part;
5.6.5 recoverfromYou all costs and losses incurred by Us.
5.7 We reserve the right to make delivery by installments and tender a separate invoice in respect of each installment. Any claim which You may have in respect
of one installmentshall not affectYour liability in respect of any otherinstallment.
5.8 Unless otherwise stated all quotations and estimates assume delivery in full loads.We reserve the right to levy additional chargesfor deliveries by installments
where requested byYou.
5.9 The cost of delivery shall be as separatelyagreed and is not included in the price agreed for the Goods.
5.10 You must provide the necessary labour for unloading the Goods, and unloading is to be completed with reasonable speed. If Our delivery vehicle is kept
waiting for an unreasonable time or is obliged to return without completing delivery, or if We provide additional staff to unload Goods, an additional charge
will bemade.
5.11 We shall deliver the Goods as near as possible to the delivery address as a safe hard road permits. We reserve the right to refuse to deliver the Goods to
premises considered in the discretion of the driverto be unsuitable.
5.12 If Goods are to be deposited other than on Your private premises You shall be responsible for compliance with all regulations and for all steps which need to
be taken for the protection at all times of persons or property and will indemnify Us in respect of all losses, damages, costs and expenses We may incur as a
result of such deliverywhether on the public highway or elsewhere.
5.13 You will indemnify Us in respect of all losses, damages, costs and expenses incurred as a result of delivery in accordance with Your instructions. This
indemnitywill be reduced in proportion to the extent thatsuch losses, damages, costs or expenses are due to Our negligence.
6. INSPECTION
6.1 You shall inspect the Goods at the place and time of unloading but nothing in these Terms shall require You to break packaging and/or unpack Goods which
are intended to be stored before use.
6.2 6.2.1 You must give us written noticewithin 3 working days of unloading of any claimfor short delivery.
6.2.2 If You do not giveUsthat noticewithin that time the Goods will be deemed to have been delivered in the quantitiesshown in the deliverydocuments.
6.2.3 You shall not be entitled and irrevocably and unconditionally waive any right to reject the Goods or claim any damages whatsoever for short
delivery howsoever caused.
6.2.4 Our liability for short delivery islimited tomaking good the shortage.
6.3 6.3.1 Where it is or would have been apparent on a reasonable inspection that the Goods are not in conformity with the Contract or (where the Contract
is a contractfor sale by sample)that the bulk does not comparewith the sampleYou must give Us written noticewithin 3 working days.
6.3.2 If You fail to give us that noticewithin that time the Goods will be deemed to have been accepted andYou shall not be entitled, and irrevocably
and unconditionallywaive, any right to reject the Goods.
7. TITLEAND RISK
7.1 Risk in the Goods shall passto You when the Goods are delivered or, if You wrongfully fail to take delivery of the goods, the time when We tendered delivery
of the Goods.
7.2 The title to the Goods shall remain with Us until You pay the price of the Goods and any other sums outstanding between You and Us whether in respect of
thisContract or otherwise.3
7.3 Until title passes:
7.3.1 You shall hold the Goods as Our fiduciaryagent and bailee;
7.3.2 theGoodsshall be stored separatelyfromany other goods andYou shall not interferewith any identification marks, labels, batch numbers orserial
numbers on the Goods;
7.3.3 where goodssupplied to you by third parties(“Third Party Goods”) are similarto or indistinguishable from the Goods You undertake to use your
best endeavoursto dispose of such Third Party Goods in advance of the Goods;
7.3.4 We agree that You may use or agree to sell the Goods as principal and not as Our agentsin the ordinary course of Your business subject to the
following express conditions:
(a) that the entireproceeds of anysale orinsuranceproceedsreceived in respectoftheGoods are held in trustfor Us and notmixedwith any
other monies or paid into an overdrawn bank account and shall at all times be identifiableas Our money;
(b) that You notify Your customer that We remain the legal owner of the Goods until We receive payment in accordance with Clause 7.2
andWe reserve the right to label the Goods accordingly;
(c) thatYou will at Our request and atYour expense assign to Us allrightsYou may have againstYour customer; and
(d) that Your right to use or sell the Goods may be withdrawn by Us on notice at any time and will automatically cease if You become
Insolvent;
7.3.5 if the Goods are to become affixedto any land or buildingYou must ensure that they are capable of removal withoutmaterial injury to the land or
building andYou shall take all necessarysteps to prevent title to the Goods from passing to the owner or landlord of such land or building.
7.4 We shall be entitled to recoverthe price of the Goods includingVATeven though the property in any of the Goods remainswith Us.
7.5 We shall be entitled at any time to recover any or all of the Goods to which We have title and for that purpose We may with such transport as is necessary
enter upon any premises occupied byYou or to whichYou have access and where the Goods may be or are believed to be situated.
8. RESPONSIBILITIES
8.1 Nothing in these Terms shall exclude or restrict Our liability for death or personal injury resulting from Our negligence or Our liability for fraudulent
misrepresentation.
8.2 We are willing to undertake liability in addition to that provided by theseTermsif a higherselling price for the Goodsis agreed.
8.3 IfYou deal as a consumer as defined bytheUnfairContractTermsAct 1977 (“aConsumer”)anyprovisionoftheseTermswhichis of no effectshallnot apply.
The statutoryrights of aConsumer are not affected by theseTerms.
8.4 In this Clause “Defect” shall mean the condition and/or any attribute of the Goods and/or any condition or other circumstances which but for the effect of
theseTerms would have entitledYou to damages.
8.5 Subject toClauses 8.1 to 8.3 of theseTermsWe shall not be liable by reason of anymisrepresentation(unlessfraudulent) or any breach of warranty, condition
or other term express or implied or any breach of duty (common law or statutory) or negligence for any loss, damages, costs or expenses of any kind
whatsoever.Instead of liability in damagesWe undertake liability underClause 8.6 below.
8.6 Where but for the effect of Clause 8.5 of theseTermsYou would have been entitled to damages against Us We shall not be liable to pay damages butsubject
to the conditions set out in Clause 8.7 below shall in Our sole discretion either repair the Goods at Our own expense or supply replacement Goods free of
charge or refund all(or where appropriatepart) of the price paid for the relevantGoods
8.7 We will not be liable underClause 8.6:
8.7.1 ifthe Defect would have been apparent on a reasonable inspection underClause 6.1 of theseTerms at the time of unloading unless You give Us written notice
within 3 working days of the time of unloading;
8.7.2 unless the Defect Is discovered within 3 monthsfrom the date of delivery and We are given written notice of the Defect within 3 working days of it being
discovered;
8.7.3 ifthe Defect arisesfrom fair wear and tear;
8.7.4 if the Defect arises fromYour willful damage, negligence, abnormal working conditions,misuse, alteration or repair of the Goods, failure to follow British
Standard or industry instructionsrelevant to the Goods, orstorage of the Goods in unsuitable conditions; or
8.7.5 unless after discovery of the Defect We are given a reasonable opportunity to inspect the Goods before they are used or in any way interfered with. We
acknowledge that the costs of suspending works are relevant to the determination of what is a reasonable opportunity and thissub-clause shall not apply to
any works affecting the Goods which it may be reasonablynecessaryto carry out in the interests of safety and/or as emergencymeasures.
8.8 If the Goods are not manufactured by Us or have been processed or milled by a third party whether or not at Our or Your request Our liability in respect of
any defect in workmanship or materials of the Goods will be limited to such rights against the manufacturer or the third party as We may have in respect of
the Goods. We will on written request provide details of Our rights against the manufacturer or third party and any otherterms and conditionsimposed by the
manufacturer or the third party and so far as possiblewill on request assign toYou any such rights.
8.9 If the Goods aremanufactured,processed or milled by Us to the design, quantity,measurement or specificationofYou then:4
8.9.1 subject to Clauses 8.1 to 8.3 of these Terms We shall not be under any liability for any loss, damages, costs or expenses of any kind whatsoever or
underClause 8.6 of theseTerms(as the casemay be) except in the event of
(a) fraudulentmisrepresentation;
(b) misrepresentationwhere the representationwas made or confirmedin writing;
(c) non-compliancewith such design, quantity,measurement or specification; or
(d) breach of a written warrantyby Us that the Goods are fitfor that purpose.
8.9.2 You will unconditionallyfully and effectively indemnify Us against all losses, damages, costs on an indemnity basis, and expenses, awarded against
or incurred by Us in connectionwith or paid or agreed to be paid by Us in settlement of any claim:
(a) for infringement of any patents, copyright, design, trademark or any other industrial or intellectual property rights of any other person;
and/or
(b) arising from any such manufacturingprocessing or milling including, but not limited to, any Defect in the Goods.
Thisindemnitywill be reduced in proportion to the extent thatsuch losses, damage, costs and expenses are due to Our negligence.
8.10 Subject to Clauses 8.1 to 8.3 of these Terms We shall not be liable for misrepresentation (unless fraudulent) or in contract, tort (including negligence or breach
of statutoryduty) or otherwise howsoever and whateverthe cause for:
(a) pure economic loss, anyloss of profit,loss of business, loss of contracts,loss ofrevenues or anticipatedsavings, depletionof goodwillor otherwise;or
(b) any special, indirect or consequentialdamage of any naturewhatsoever.
8.11 You will unconditionally fully and effectively indemnify Us against all losses, damages, penalties, costs on an indemnity basis, and expenses, awarded against
or incurred by Us in connection with or paid or agreed to be paid by Us in settlement of any claim by any third party arising from the supply or use of
the Goods including loss arising from Our negligence.Thisindemnity will be reduced in proportion to the extent thatsuch losses, damages, penalties, costs and
expenses are due to Our negligence.
8.12 Without prejudice to any other provisions in these Terms in any event Our total liability for any one claim or for the total of all claims arising from any one
act of default on Our part (whether arising from Our negligence or otherwise) shall not exceed the purchase price of the Goods the subject matter of any
claim,
9. NON-PAYMENT/INSOLVENCY
9.1 “insolvent” means You becoming unable to pay Your debts within the meaning of Section 123 (Company) or Section 268 (Individual) of the InsolvencyAct
1986; the levying or the threat of execution of distress on any of Your property: notice of intention to appoint or the appointment of a receiver, administrative
receiver or administrator over all or any part of Your property; a proposal for a voluntary arrangement or compromise between You and Your creditors whether
pursuant to the Insolvency Act 1986 or otherwise; the passing of a resolution for voluntary winding-up or summoning a meeting to pass such a resolution
otherwise than for the purposes of a bona fide amalgamation or reconstruction; the presentation of a petition or application for Your winding-up (Company)
or bankruptcy (Individual) or for an administration order in relation to You; if You suffer any analogousstep or proceedings under foreign law or You ceasing
to payYour debtsin the ordinary course of business or ceasing or threatening to cease to carry on Your business.
9.2 If You fail to pay any invoice or any sum due to Us under any contract on the due date or You become Insolvent or if there is a material change in Your
constitution or You commit a material breach of this Contract and fail to remedy that breach all sums outstanding between You and Us shall become
immediately due and payable and We shall be entitled to do any one or more of the following (without prejudice to any other right or remedyWe may have):
9.2.1 require payment in cleared funds in advance of further deliveries;
9.2.2 cancel or suspend any further deliveriestoYou underthis or any other contract without liability on Our part;
9.2.3 claim interest and compensation on the sums outstanding pursuant to the Late Payment of Commercial Debts(Interest) Act 1998 from the due date
until payment isreceived after as well as before judgment;
9.2.4 without prejudice to the generality of Clause 7 of theseTerms exercise any of Our rights pursuant to that clause; and/or
9.2.5 terminate this or any other contract withYou without liability on Our part.
9.3 You shall reimburse Our costs including legal costs on an indemnity basis which We incur in enforcing this Contract including, but not limited to, recovery
of any sums due. Such sums shall be in addition to statutorycompensationpayable.
9.4 If Your cheque fails to clear at Your bank and is returned to drawer or is required to be represented to Your bank We shall be entitled to claim compensation
fromYou to the value of £25 per occurrence.
10. GENERAL
10.1 This Contract shall be governed and interpreted exclusively according to the Law of England and Wales and You agree to submit to the non exclusive
jurisdiction of theEnglishCourts.
10.2 We shall not be liable for any breach of contract, delay or failure to perform any of Our obligationsif the breach delay or failure was due to any cause beyond
Our reasonable control including industrial action.
10.3 The waiver by Us of any breach or default of these Termsshall not be construed as a continued waiver of that breach nor as a waiver of any subsequent breach
of the same or any other provision.5
10.4 If any clause or sub-clause of these terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and subclauses of
theseTermsshall not be affected and they shallremain in fullforce and effect.
10.5 If the Housing Grants, Construction and Regeneration Act 1996 Part II applies to this Contract the Scheme under that Act shall apply and take precedence in
the event of conflictbetween the Scheme and theseTerms.
10.6 Any reference in these Terms to any Statute, Statutory Provision or Regulation includes a reference to that Statute, Statutory Provision or Regulation as
amended extended or re-enacted at the relevant time.
10.7 The headings of theseTerms are for convenience only and shall not affect theirinterpretation.
10.8 Termination of thisContractshall not affectrights and obligationswhich have already accrued at the time of termination.
10.9 Nothing in these terms or the Contract is intended to or will create any benefitfor or right to enforce any of the terms of the Contract to any third party, and a
person who is not party to theContract between us has no right undertheContracts(Rights of Third Parties)Act 1999 to enforce any term of theContract.
10.10 This Contract contains the whole agreement between You and Us in respect of the supply of Goods to You and supersedes any prior written or oral agreement
between You and Us relating to it and You confirm that You have not entered into this Contract on the basis of (and now irrevocably and unconditionally
waive) any representationsthat are not expressly incorporated in thisContract.
10.11 Nothing in thisContract purports to exclude liability for any fraudulentstatement or act.
11. COMMUNICATIONS
11.1 All communicationsbetween the parties about theContractmust be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
11.1.1 (in the case of communicationsto Us) to our registered officeor such changed address asWemay notifyYou in writing; or
11 .1.2 (in the case of communicationsto You) to Your registered office (if You are a company) or (whether or not You are a company) to any address of
Yours set out in any documentwhich forms part of theContract or your last known place of business,
11.2 Communicationsshall be deemed to have been received:
11.2.1 Ifsentbypre-paid firstclass post, twodays(excludingSaturdays,Sundaysandbankandpublicholidays) afterposting(exclusiveofthedayofposting);or
11.2.2 if delivered by hand, on the day of delivery; or
11.2.3 ifsent by fax on a working day priorto 4.00 pm, at the time of transmission and otherwise on the next working day.
11.3 Communicationsaddressed to Us must bemarked for the attention of theCompanySecretary