The terms and conditions of the Contract shall be these Conditions. These Conditions may not be varied, altered or amended except by or on the authority of a director of secondhandracking.com Ltd. Acceptance of delivery of the Equipment or performance or part performance of the Services shall be deemed conclusive evidence of the Client’s acceptance of these Conditions.

Our prices are based on the following:

•  It is the customer’s responsibility to check that the floor is of suitable construction to erect pallet racking and capable of sustaining the weight of the racking and the goods it will hold, to its maximum loading capacity. We can appoint a structural engineer on your behalf should you think the floor is unsuitable. This will be an extra cost.
• If delivery has been organised by us we assume you to have suitable off loading facilities, i.e. forklift truck.
•  Delivery can be anytime between 8.30am – 5pm. Please advise on order if the site is unmanned or if there are any delivery restrictions.
• It is the customer’s responsibility to check that the forklift truck is suitable to work alongside the racking provided.
• We reserve the right to charge a restocking fee if goods are returned.
•  Unless otherwise agreed, payment is due on order. Stock will be reserved for up to 7 days to allow time for payment to clear.
•  If a deposit is left to hold stock, this will be held for 3 months, unless otherwise agreed. Deposits are none refundable.
• All dimensions are nominal; if dimensions are critical please check.
• Shims and row ties are not included unless specified. Please advise if your floor is uneven or if you are installing your racking back to back, we can cost additional to include these.

If your order is including installation this is based on:

•  The clear and level site together with the free use of a counter balance forklift truck during construction.
•  If you are providing a scissor lift you are responsible if it breaks down or is unusable.
• The work will be carried out within normal working hours, i.e. Monday to Friday 8.00am to 6.00pm.
• A clear working area with adequate power and lighting.
• Customer to provide skip or other means for disposal of rubbish.
• Delivery of goods and scissor lift may be delivered the day prior to installation unless otherwise agreed. Scissor lifts may be collected up to 5 working days after job completion, prior arrangement is needed for a specific collection date and time, please advise any restrictions asap.
• Secondhandracking takes standard health and safety precautions; safety shoes, high visibility vests, hard hats and safety glasses. If the customer has any special requirements or if there are any tool restrictions, the customer is responsible for informing Secondhandracking in advance of any work taking place.

DEFINITIONS

In these Conditions:
Client means the customer who contracts for the Services and Equipment from secondhandracking.com;
Conditions means the terms and conditions of supply of Equipment and Services set out in this document;
Confidential Information means information of a confidential nature (including trade secrets and information of commercial value) known to secondhandracking.com and concerning secondhandracking.com and the Equipment or Services and communicated to the Client by secondhandracking.com;
Contract means any project/contract or agreement in writing between secondhandracking.com and the Client ;
Equipment means any equipment which secondhandracking.com is to supply under the Contract in accordance with these Conditions;
Force Majeure means any circumstances beyond the reasonable control of secondhandracking.com (including, without limitation, any civil commotion, insurrection, act of God, fire, act of government, breakdown of equipment and/or machinery, difficulties in obtaining transport, materials, labour, fuel, parts or machinery, failure of sub-contractors, strike, lock out or other industrial action);
Price means except as otherwise provided in these Conditions the price of the Equipment and Services set out in the most recent written quotation given by secondhandracking.com to the Client or as otherwise agreed in writing between secondhandracking.com and the Client (any Price quoted does not include overtime (after 6pm) or work during holiday periods not connection fees for power supplies);
Services means the services to be performed by secondhandracking.com as set out in the Contract;
Specification includes any plans, drawings, data, formulae, instructions or other information relating to the Equipment or Contract agreed with the Client.

1. 1.1 Secondhandracking.com shall be entitled to vary the Price of the Equipment and/or Services for whatever reason including but not limited to any relevant change in foreign exchange rates, currency regulations, taxes or duties, supplier price increases, and other manufacturing or any other costs relevant to or having effect upon the supply or delivery of the Equipment or performance of the Services.

1.2 If the Client fails to pay the Price on the due date then, without prejudice to any other right or remedy available to secondhandracking.com secondhandracking.com shall be entitled to:

1.2.1 charge the Client interest from the due date up to the date of actual payment in full (both before and after judgement) on the amount unpaid, at the rate of 4 per cent per annum above the base rate of Secondhandracking.coms’ bank from time to time or such other rate prescribed under the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time. Such interest shall accrue on a daily basis and be compounded monthly.

1.2.2 Suspend or cancel service or deliveries of any Equipment due to the Client and/or

1.2.3 Appropriate any payment made by the Client to such of the Equipment (or equipment supplied under any other contract with the Client) or services as secondhandracking.com may in its discretion think fit.

1.3 Time for payment by the Client shall be of the essence of the Contract.

1.4 The Client shall not be entitled to claim any right of set off in respect of any obligation on the part of secondhandracking.com.

1.5 All prices quoted unless stated otherwise are 100% payment on order.

1.6 All invoices are to be emailed to the client. The client maybe charged postage if a hard copy is required.

1.7 Any quotation price remains valid for a period of 7 days from the date of such quotation.

2. SPECIFICATION

2.1 Verbal orders shall not be deemed to be accepted until confirmed in writing by secondhandracking.com and the Client shall be responsible to secondhandracking.com for ensuring the accuracy of the terms of any order (including any applicable Specification) and for giving secondhandracking.com necessary information within a sufficient time to enable secondhandracking.com to perform the Contract in accordance with its terms.

2.2 The Client shall indemnify secondhandracking.com against all loss, damages, costs and expenses awarded against or incurred by secondhandracking.com in connection with or paid or agreed to be paid by secondhandracking.com in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from secondhandracking.com’s use of the Client’s Specification.

2.3 secondhandracking.com reserves the right to make any changes in the Specification of the Equipment or the Services which are required to conform with any applicable statutory or EC requirements or, where the Equipment or the Services are to be supplied to the Client’s Specification, which do not materially affect their quality or performance.

3. INSTALLATION

3.1 It shall be the sole responsibility of the Client to ensure that the floors, surfaces and foundations upon which the installation of the Equipment is to be carried out are suitably surfaced and of adequate strength to support the Equipment and maximum loads to be imposed on the Equipment.

3.2 In the event that secondhandracking.com agrees to erect and/or dismantle the Equipment the Client shall warrant that:

3.2.1 secondhandracking.com shall have such uninterrupted access to the Contract site as secondhandracking.com shall require for the performance of the Contract (minimum period of between 8.00 am to 6.00 pm Monday to Friday);

3.2.2 the Client’s sites are fully prepared, suitable and safe for the erection or dismantling of the Equipment as appropriate and the Client will indemnify

secondhandracking.com on demand against all demands, actions, proceedings, expenses, costs, claims, loss, damage or liability to which secondhandracking.com may become liable or subject whether directly or indirectly due to the performance of the Services or breach of this clause 3.

3.2.3 the installation of Equipment is on the same level as delivered Equipment and access from any delivery or storage point to the installation area is straightforward.

3.3 The Client accepts that secondhandracking.com is entitled to charge for additional costs incurred due to the Client’s breach of this clause 3.

4. DELIVERY

4.1 secondhandracking.com reserves the right to supply the Equipment in more than one consignment and to invoice the Client for each such consignment. Each consignment shall be a separate transaction and any failure or delay in delivery of one consignment shall not affect the due performance of the Contract as a whole and specifically shall not entitle the Client to reject subsequent consignments or to terminate the Contract.

4.2 The Client shall be responsible for ensuring safe receipt and unloading of the Equipment and shall store or make available secure storage facilities within close proximity to the working site.

4.3 Time for delivery is not of the essence and shall commence upon the receipt of secondhandracking.com of:

4.3.1 approved working drawings;

4.3.2 Local Authority approvals (including but not limited to building regulations).

4.4 If the Client fails to take delivery of the Equipment or fails to give secondhandracking.com adequate delivery instructions 5 days prior to delivery then without prejudice to any other right or remedy of secondhandracking.com, secondhandracking.com may:

4.4.1 Store the Equipment until actual delivery and charge the Client the reasonable costs (including but without limitation insurance costs) of storage; and/or

4.4.2 Sell the Equipment at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Client for the excess over the Price paid under the Contract or charge the Client for any shortfall below the Price under the Contract.

4.5 secondhandracking.com shall endeavour to perform the Services within any timescales agreed with the Client or, in the absence of such agreement, as soon as reasonably practicable.

5. PROPERTY AND RISK

5.1 Except as provided otherwise in these Conditions the Equipment shall remain the property of secondhandracking.com until such time as the Client has paid in full for Equipment for which payment is then due.

5.2 Whilst the Equipment remains the property of secondhandracking.com and the Client:

5.2.1 has any distress or execution levied against the Equipment or any of the Client’s assets; or

5.2.2 has a bankruptcy order made against him; or

5.2.3 goes into liquidation whether voluntary or compulsory (except solely for the purposes of reorganisation approved in advance in writing by secondhandracking.com after receiving reasonable notice of the same; or

5.2.4 makes an arrangement with its creditors; or

5.2.5 has an administrative receiver appointed over its assets; or

5.2.6 receives a written demand from secondhandracking.com to pay overdue sums owed to secondhandracking.com; or

5.2.7 ceases or threatens to cease to carry on business; or

5.2.8 becomes subject to an Administration Order; or

5.2.9 breaches this Agreement then, without prejudice to any claim by secondhandracking.com against the Client or any other rights hereunder, secondhandracking.com or its authorised representatives may at any time without notice retake possession of the Equipment and for such purposes the Client hereby irrevocably grants to secondhandracking.com or its representatives licence to enter upon any premises belonging to or in the occupation or control of the Client or any third party and the Client shall be responsible for all costs, charges and expenses so incurred in retaking possession of the Equipment as aforesaid. The Client shall also bear the reasonable costs incurred by secondhandracking.com at any time in ascertaining the whereabouts of the Equipment and/or the Client.

5.3 Until has received payment for the Contract in full the Client shall hold the Equipment secondhandracking.com as fiduciary agent and bailee and agrees to keep all Equipment that is the property of secondhandracking.com in such a way that it is readily identifiable as such, to insure the same for its full value and to make a note in its accounting records that the Equipment is the property of secondhandracking.com.

5.4 The Equipment shall be at the risk of the Client from the time it is tendered for delivery at an agreed destination or is available for collection by the Client or cease to be in the possession of secondhandracking.com and in particular when it is delivered into the possession or custody of a carrier, forwarding agent, warehouseman or other bailee or agent for the purpose of transmission whether or not such person contracts with or is instructed by secondhandracking.com or the Client.

5.5 The Client shall not sublet hire pledge or in any way charge by way of security or part with possession of the Equipment which remains the property of secondhandracking.com without the prior written consent of secondhandracking.com. This clause is a detrimental term of the Contract. Without prejudice to secondhandracking.com other rights and remedies, if the Client acts in breach of this clause all monies owed by the Client to secondhandracking.com will become immediately due and payable and secondhandracking.com may immediately repossess the Equipment and demand payment forthwith.

6. CLIENT PROVISIONS

6.1 The Client shall provide secondhandracking.com with the following from the delivery date of Equipment or as otherwise instructed by secondhandracking.com;

6.1.1 power on site for hand tools;

6.1.2 adequate lighting;

6.1.3 a fork lift truck;

6.1.4 a skip for waste material within a reasonable working distance; and

6.1.5 access to and use of a telephone

6.2 All Contracts and orders are subject to secondhandracking.com preparing a full site survey and approval in writing by the Client of all site drawings prior to

ordering any materials.

7. CDM REGULATIONS

The price is calculated on the basis that the CDM Regulations do not apply to the Services or Equipment supplied by secondhandracking.com. secondhandracking.com reserves the right to charge any extra costs to undertake the responsibilities of either the planning supervisor or principal contractor.

8. INTELLECTUAL PROPERTY

8.1 Any intellectual property in the Equipment and site drawings remains and shall belong exclusively to secondhandracking.com and the Client hereby assigns to secondhandracking.com any current and/or future intellectual property rights in the Equipment or site drawings to be produced specifically for the Client.

8.2 If the assignment of intellectual property comprised in clause 8.1 above is invalid or defective the Client shall immediately upon request execute such documents and do such act or acts as shall be required to vest the intellectual property in the Equipment in secondhandracking.com solely.

8.3 The Client shall be entitled to a royalty-free licence to the intellectual property rights in the Equipment sufficient to enable it to use the Equipment for the purpose contemplated at the date of the Contract (which the Client shall indicate to secondhandracking.com at that time if the Client fails to indicate such purpose, a licence on terms acceptable to secondhandracking.com shall apply).

8.4 Any Specification which secondhandracking.com submits to the Client (and any copyright therein) shall remain secondhandracking.com’s property and must not be copied or shown to any third party without secondhandracking.com’s express consent in writing being obtained in advance and must be returned to secondhandracking.com on demand together with any copies thereof.

8.5 The Client acknowledges that any and all of the copyright, trade marks and other intellectual property rights including the “Look and Feel” of the Website and its content being secondhandracking.com corporate know-how (“IPR’s”) used or subsisting in or in connection with this website (the “Website”), its contents, products including all multimedia, audio-visual material and any bespoke software developed for the Client hereunder and with respect to all documentation, flowcharts, drawings, specifications, manuals and other data or material of any nature which are created as a result of the Contract or use of this Website or any other dealings between the Client and secondhandracking.com are owned and will be the sole property of secondhandracking.com. In the event that new inventions, designs or processes evolve design and development of the Website, the Client acknowledges that the same will belong to secondhandracking.com.

8.6 The Client undertakes not to use, re-use or recreate the “look and feel”, content or other material relating to the Website or other material as referred to in this clause 8, the copyright of all of which belongs or has vested in secondhandracking.com, save that the Client may print or download extracts of the materials from the Website for personal use reasonably connected with the Contract.

9. LIABILITY

9.1 The Client shall be solely responsible at its own cost (secondhandracking.com to be reimbursed) for ensuring compliance with any local authority, fire, health and safety or other regulations and applicable laws and for obtaining all necessary consents, permissions and approvals for the use or storage of the Equipment and/or performance of the Services.

9.2 Except as provided in Clause 9.3 and 9.5 secondhandracking.com shall bear no liability for:

9.2.1 any loss, damage or injury arising from any defect in or unsuitability of any goods, materials or property supplied to secondhandracking.com by or on behalf of the Client (whether the property of the Client or otherwise) for use by secondhandracking.com in carrying out its obligations under the Contract whether by incorporation into the Equipment or otherwise;

9.2.2 any loss or damage to the Equipment in transit or late delivery;

9.2.3 any loss of profit, business, revenue, contracts, anticipated savings, management time or for any special, indirect or consequential loss or damage whatsoever.

9.2.4 any defects arising from fair wear and tear, wilful damage, negligence, failure to follow secondhandracking.com instructions, or the misuse or alteration or repair of the Equipment by or on behalf of the Client without secondhandracking.com approval.

9.3 secondhandracking.com entire liability for, under or in connection with any Contract will not exceed the Price of the Equipment or Services as specified in that Contract and secondhandracking.com shall be under no liability if the total Price for the Equipment or Services has not been paid by the due date for payment.

9.4 The Client shall only be entitled to the benefit of any warranty or guarantee that secondhandracking.com has received from the manufacturer.

9.5 Nothing in these Conditions shall restrict or exclude liability for death or personal injury caused by secondhandracking.com negligence

9.6 The Client shall effect and maintain a policy of insurance to provide such cover as secondhandracking.com shall require from time to time in respect of the

Client’s potential liability to secondhandracking.com hereunder.

10. USE OF WEBSITE AND EXCLUSION

10.1 By using this website, the Client expressly agrees that such use is at its own risk. secondhandracking.com endeavours to provide a service of the highest quality, but cannot guarantee that its service will be uninterrupted or error-free, or that the service selected will reach the intended recipient.

10.2 secondhandracking.com provides this website and its contents on an “as is” basis and makes no representations or warranties of any kind, express or implied, with respect to this website or its operation, contents, products or services.

10.3 secondhandracking.com does not represent or warrant that information available on this website is accurate, current or complete, and we disclaim any and all representations and warranties, including but not limited to any warranty of merchantability or fitness for a particular purpose to the full extent permitted by the applicable law.

10.4 In addition to clause 9, in no event shall secondhandracking.com be liable to the Client or to any other person or entity, in any manner (including negligence) for damages of any kind arising from the use of this website, including but not limited to direct, indirect, actual, incidental, punitive, special or consequential damages, lost income, revenue or profits, lost or damaged data, or other commercial or economic loss, that result from the Clients or any third party’s use of, or inability to use, this website, even if secondhandracking.com has been advised of the possibility of such damages or such damages are foreseeable.

10.5 by using this website the Client agrees that this limitation will apply to all services, content, goods or services available through this website.

10.6 in the event that the applicable law does not allow the limitation or exclusion of liability or damages, the Client agrees that in no event shall secondhandracking.com ‘s total liability to the Client for all damages, losses and causes of action of any kind exceed the amount, if any, the Client has have paid secondhandracking.com for any goods or services purchased from this website.

10.7 Any hypertext links to other websites are provided for convenience only, and secondhandracking.com assumes no responsibility or liability whatsoever for the contents of those other websites linked to, or any products or services advertised or sold on those websites.

10.8 If the Client fails to take delivery of the Equipment or commits any breach of these Conditions or any of the events mentioned in clause 5 above shall occur, or if, in the opinion of secondhandracking.com, the financial standing of the Client becomes unsatisfactory, secondhandracking.com may, without prejudice to its other rights and remedies, terminate the Contract and any other contract between the Client and secondhandracking.com by notice in writing to the Client. In the event of termination under the provisions of this clause secondhandracking.com shall be relieved of all liability under the Contract and any other contract so determined but such termination shall be without prejudice to the claim or right or remedy secondhandracking.com might otherwise have against the Client.

10.9 Cancellation of the Contract by the Client, in whole or in part, may not be effected except with the written consent of secondhandracking.com and in such event the Client will reimburse secondhandracking.com for any expenditure or costs legal or otherwise incurred by secondhandracking.com in relation to the

Contract or these Conditions and all monies outstanding for the Equipment shall become immediately due and payable. secondhandracking.com may at its discretion accept the return (at the Client’s expense) of Equipment the Client has not paid for at the date of cancellation.

11 FORCE MAJEURE

11.1 Secondhandracking.com shall not be deemed to be in breach of the Contract, or otherwise be liable to the Client, for any delay or total or partial failure in performance of any of its obligations under the Contract to the extent that such delay or total or partial failure in performance is due to any Force Majeure or caused by the Client. In such circumstances secondhandracking.com shall give notice to the Client and the Contract and/or these Conditions shall be suspended for the period of the Force Majeure

11.2 If the event referred to in clause 11.1 persists for a continuous period of 6 months either party may terminate the Contract

12. CONFIDENTIALITY

12.1 The Client agrees that it will at all times (both during the term of this Contract and after its termination) keep confidential, and will not use (other than strictly for the purposes of this Contract) and will not without the prior written consent of the secondhandracking.com disclose to any third party any Confidential Information.

12.2 All documents and other records (in whatever form) containing Confidential Information supplied to or acquired by the Client from secondhandracking.com shall be returned promptly to secondhandracking.com on termination, and no copies shall be kept.

13. GENERAL

13.1 The Client acknowledges that adequate information about the use and safety of the Equipment is available from secondhandracking.com.

13.2 Unless otherwise agreed or referred to in these Conditions any notice to be given under these Conditions may be delivered by hand or be sent by prepaid post first class addressed to the party to be served at its registered office for the time being or (if not a company) the address for that party last known to the party giving the notice. Notices served by post shall be deemed to be served on the third business day after the date of posting and for the avoidance of doubt “business day” shall mean a day other than a Saturday and Sunday or an English Bank or Statutory Public holiday.

13.3 No failure or delay by secondhandracking.com in exercising any of its rights under the Contract or these Conditions shall operate as a waiver thereof.

13.4 The Client shall not assign any of its rights or obligations under the Contract or these Conditions.

13.5 In the event that any one or part of these Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any of the other Conditions whether in whole or in part all of which shall remain in full force and effect.

13.6 Clause headings are for ease of reference only and do not affect construction.

13.7 secondhandracking.com shall be entitled to sub-contract any of its obligations to the Client under the Contract or to assign all or any part of its rights under

the Contract;

13.8 The contract shall be deemed to have been made in England and shall be governed by and construed in accordance with English Law and both parties submit to the exclusive jurisdiction of the English Courts.

13.9 secondhandracking.com are not responsible for checking the client has an appropriate forklift truck to suit the racking supplied.

14. PRIVACY POLICY

14.1 secondhandracking.com takes the privacy of its users seriously. We are committed to safeguarding the privacy of our users while providing a personalised and valuable service. This Privacy Policy Statement explains the data processing practices of secondhandracking.com. If you have any requests concerning your personal information or any queries with regard to these practices please contact our Privacy Officer by e-mail at [email protected]

14.2 Information collected. We collect personal information from you through the use of enquiry and registration forms and every time you e-mail us your details. We also collect information automatically about your visit to our site. The information obtained in this way, which includes demographic data and browsing patterns, is only used in aggregate form.

14.3 Use of personal information. We process personal information collected via secondhandracking.com for the purposes of: providing a personalised service, conducting market research surveys, running competitions and providing you with information about products and services we offer. We also use information in aggregate form (so that no individual user is identified): to build up marketing profiles, to aid strategic development, to manage our relationship with advertisers and to audit usage of the site.

14.4 Use of cookies. We may use “cookies” to identify you when you visit the secondhandracking.com site and to build up a demographic profile. A cookie is a  small piece of information sent by a web server to a web browser, which enables the server to collect information back from the browser. Our use of cookies also allows registered users to be presented with a personalised version of the site.

14.5 Disclosures. We will not disclose any information we keep about you to any third parties, except for other companies in the secondhandracking.com Group of companies; for credit reference agency clearance (where you have submitted a completed order form for goods or services), and any suppliers we engage to provide services which involve processing data on our behalf. Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing the secondhandracking.com site and communicating electronically with us you acknowledge and agree to our processing of personal data in this way.