Rob McAlister Ltd – trading as ‘Cave Innovations’ – Standard Terms and Conditions
(Your statutory customer rights are not affected)
The term ‘Seller’ refers to Rob McAlister Ltd, Hackworth Ind Park, Shildon, Co Durham, DL4 1HF, United Kingdom, www.caveinnovations.com. The term ‘Customer’ refers to the person or company to whom this document is addressed.
These terms and conditions are applicable to the supply of products procured, manufactured, or sold by the Seller to the Customer with reference to the aforementioned definitions.
2.1 All prices are quoted in Pounds Sterling, Euro, and US Dollars and are inclusive of VAT where applicable unless otherwise specified.
2.2 All prices are exclusive of postage and packing unless otherwise stated.
3.1 Payment must be made in Pounds Sterling only, unless otherwise specified, and by one of the following payment methods:
Cheque – payable to Rob McAlister Ltd,
Major debit/credit cards as listed: (Mastercard, Switch/Solo, Visa, VisaElectron, Eurocard)
Bank Transfer (customer to incur all derived charges). Available by prior arrangement only.
Details for Bank Transfer:
Account Name: Rob McAlister Ltd
Address: HSBC, 48 High St, Leighton Buzzard, Beds, LU7 1EE, United Kingdom.
Sort code: 402812
Account No: 01442090
Cave Innovations is a trading name of Rob McAlister Ltd.
Please note that transactions will appear on your statement under the name of Rob McAlister Ltd.
3.2 Unless otherwise agreed payment must be made with customer order. Credit terms by prior agreement only.
3.3 Interest will be added to amounts outstanding at 0.8% per month (A.P.R. 10.03%).
4. Passing of property
4.1 Rob McAlister Ltd shall retain the property of the goods until full payment has been made by the customer and has been received by Rob McAlister Ltd
5. Passing of risk
5.1 The risk in the goods shall pass to the Customer once the goods have left the premises of Rob McAlister Ltd or associated warehousing facility.
6.1 Delivery date
Any date or period for delivery shall be considered as indicative only, although it is our policy to try to fulfill all orders within 3 working days for stocked goods. For Make To Order goods, delivery will be as per the date agreed (also to be considered as indicative only). Orders for products that are not readily available for immediate sale, will not be accepted unless agreed to by the customer. In such a case, Rob McAlister Ltd will agree on a delivery schedule, which shall also be considered as indicative only. Said products will be sent to Customer as soon as possible when received from the manufacturer. Rob McAlister Ltd accepts no liability or responsibility for delays in the delivery caused by the manufacturer, or any other third party.
6.2 Shipping for UK destinations (Standard parcel service)
All products shipped to a UK destination (with the exception of the Channel Islands – refer to clause 6.4), will be sent via standard parcel delivery service unless otherwise specified. The carrier aims to deliver your product within 3-5 working days. It is the responsibility of the customer to seek compensation from the carrier in the event of loss or damage. Rob McAlister will provide the customer with the postage details to facilitate this. Extra cover is available but should be requested by the customer at the time of order. Should the customer request extra cover, he/she will be charged in accordance with the carrier’s current service price.
6.3 Shipping for UK destinations (express delivery service)
An expedited parcel delivery service is available upon request to UK mainland destinations (with the exception of the Channel Islands – refer to clause 6.4 and some parts of the Scottish Highlands. Detailed coverage information is available upon request from our Customer Service team at +44 (0)1525 382938. This service takes between 1 and 2 working days. Although Rob McAlister Ltd makes every effort to meet the stated delivery target, this service is not guaranteed, and Rob McAlister Ltd accepts no responsibility for late delivery. This service is offered on the basis that deliveries will only be attempted between Monday 8 AM and Friday 5 PM. Please note that there are no evening or weekend deliveries unless previously arranged with Rob McAlister Ltd. Orders received over the weekend or after 2 pm GMT that have requested this service, will be treated as having been placed at the commencement of the following working day (defined as being Monday 8 AM to Friday 4 PM – excluding Public and Bank Holidays).
6.4 Shipping for non-UK destinations
All products shipped to non-UK destinations (including the Channel Islands) will be despatched via an approved carrier. The service aims to deliver to mainland Europe generally within one to four working days, rolling out to as much as three to five days for further afield worldwide destinations. Prices are weight and volume-dependent. Note: International (non-UK) deliveries may incur a customs import charge; you the ‘customer’ are responsible for paying all and any import/customs duties and taxes and also any customs clearance administration or handling charges.
6.5 Non-delivered parcels
Our nominated courier service has a delivery policy of attempting delivery twice whereupon they will leave a card instructing the customer to either arrange a re-delivery or pick up the parcel from their nearest depot. If the customer does not collect the parcel or arrange a re-delivery, the parcel will be returned to Rob McAlister Ltd. Any charges incurred by Rob McAlister will be passed to the customer and required to be settled before the parcel is re-despatched. The customer will also be liable for the cost of re-delivery
6.6 Free Shipping
Where an order is either designated as ‘Free Shipping’ or selected by the customer as ‘Free Shipping’, Rob McAlister Ltd will choose an appropriate and available shipping method whereupon the relevant shipping policy will apply as defined in these terms and conditions.
The Customer shall inspect the Goods within a reasonable time period following receipt. The goods shall be deemed to have been accepted by the customer 14 days after their receipt unless the Customer has notified the Seller that the goods are rejected. (This does not however affect the customer’s statutory rights). If no notification of rejection has been received after the aforementioned 14-day period, Rob McAlister Ltd shall consider the goods to be of satisfactory quality and fit for their purpose and may decline rejection thereafter.
7.1 Printed Umbrellas
Due to production variability in the process of printing, when fulfilling orders for printed umbrellas we reserve the right to under or over-ship by up to 5% of the total order quantity. It is exceptionally rare that this happens but in such circumstances, we will issue a credit note and amend any invoices accordingly.
8. Return procedure
8.1 If the goods are to be rejected in the time limit set in clause 7 above, the Customer shall comply with the return procedure as defined in clause 8.2, below. Rob McAlister Ltd will reject returned goods that are unsolicited from Customers who have not complied with the procedure set in clause 8.2 below.
8.2 Goods that are rejected by the Customer must be returned in a saleable condition, unless faulty. In the first instance, the Customer must contact us and inform us that they wish to return the goods. The Customer may be requested to complete our Return Authorisation form with details of the rejection and supply the requested contact details. If it is agreed that the goods should be returned, the Customer will be issued with a Return Authorisation Number (RAN). The RAN must be clearly displayed on the returned goods and posted to Rob McAlister Ltd, Hackworth Ind Park, Shildon, Co Durham, DL4 1HF, United Kingdom. The goods should arrive with Rob McAlister Ltd no later than 7 working days following the issuing of a RAN. When Rob McAlister Ltd has received the returned goods and validated the nature of the return Rob McAlister will then either reject the claim or issue a replacement or refund the customer. The Customer will be entitled to reasonable postage compensation if the goods are deemed to be faulty. In the absence of clear written instructions for a refund, Rob McAlister Ltd will default to a product replacement. All costs associated with returning goods to Rob McAlister Ltd, including shipping costs, any customs duties, and taxes, handling fees, or import clearance fees must be paid by the customer.
9.1 Cancellations are only accepted if the Customer complies with the following cancellation procedure and before the order has been dispatched (or in the case of printed or Make To Order goods, before the Works Order has been issued). If the order has been dispatched or the Works Order issued prior to the cancellation, the return procedure as defined in clause 8 above will apply. If the procedure is not respected, the order will be considered valid and the Customer will remain liable for the full payment.
9.2 Cancellations can be made with Rob McAlister Ltd by phoning our main UK number +44 (0)1525 382938 and requesting for the order to be canceled. Customers will be provided with a Cancellation Reference Number (CRN).
10. Copyrights and Other Intellectual Property
Except where otherwise expressly noted, all contents of Rob McAlister Ltd-owned literature or websites, are the sole and exclusive property of Rob McAlister Ltd. The re-sale and/or re-labeling of any product sold by Rob McAlister Ltd is expressly forbidden unless agreed in writing with Rob McAlister Ltd. Rob McAlister Limited may, at any time, make modifications, changes, and alterations to the contents of its literature and websites, including these Terms and Conditions, without prior notice.
These terms and conditions are governed and shall be interpreted in accordance with English law.
12. Product Descriptions
In accordance with our programme of continuous product development and improvement, we reserve the right to change features and specifications without prior notice. While we do our best to ensure product descriptions and photographs are accurate representations of the products, there may be slight variations in dimensions and colours due to the manufacturing process. In addition, we cannot guarantee the images you see on your computer are accurate representations of the product, particularly the colours, as they can be affected by your screen, display settings, and viewing angle.
Subject to the conditions set out below, Rob McAlister Ltd shall use its best endeavors to transfer to the Customer the benefit of any manufacturer’s warranty applicable to any of the Goods and Rob McAlister Ltd itself warrants that the Services will be performed with reasonable skill and care. We offer a standard warranty of 1 year unless otherwise agreed prior to the sale.
If Rob McAlister Ltd accepts all or part of a warranty claim relating to Services, its obligation under this warranty shall be, in its discretion, either to re-perform the relevant Services at no further charge or to refund a proportionate part of the price applicable to such Services, but Rob McAlister Ltd shall have no further liability for breach of warranty.
The above warranty as to Services is given by Rob McAlister Ltd subject to the following conditions:
- Rob McAlister Ltd shall be under no liability in respect of any error or defect in the services arising from any drawing, design, or specification supplied by the Customer;
- Rob McAlister Ltd shall be under no liability in respect of any error or defect arising from fair wear and tear, wilful damage, wind damage, negligence, abnormal working conditions, failure to follow Rob McAlister Ltd or its suppliers’ instructions (whether oral or in writing), misuse or alteration of the Goods or any other product of the Services or abuse of the product of the Services or when the Services are connected to or utilised with other systems or services without Rob McAlister Ltd’s approval (“Excluded Events”);
- repairs to or replacements of damaged parts caused by Excluded Events shall be chargeable, at Rob McAlister Ltd’s then-current rates;
- Rob McAlister Ltd shall be under no liability under the above warranty (or any other warranty, condition, or guarantee) if the total price for the Goods and Services has not been paid by the due date for payment;
- the above warranty does not extend to services not actually performed by Rob McAlister Ltd, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the relevant sub-contractor or supplier; and
- the above warranty shall not apply if any repairs or maintenance services are carried out on the Goods other than by Rob McAlister Ltd or accredited installers.
The Customer shall be solely responsible for deciding that the Goods ordered or required are sufficient and suitable for the purpose they require and Rob McAlister Ltd shall have no liability for any performance failure or defect in the Goods, except as stated in this clause.
Subject as expressly provided in these Conditions, all warranties, conditions, or other terms, whether express or implied and whether under statute or common law, are excluded to the fullest extent permitted by law. In particular, Rob McAlister Ltd gives no warranty whatsoever, makes no representation, and accepts no liability regarding any date change compliance of the Goods or Services or any other goods or services.