Terms

Our terms are split into two distinct areas, Terms and Conditions with regards to works undertaken and Term of Use on this website.






Terms and Conditions with regards to works undertaken

 

1. General

The conditions of Sale supplied by Raving Mad About Limited ("the company") to a purchaser ("the Buyer") shall be incorporated into each Contract ("the contract") made by the Company for the sale of the Company's goods ("the goods"). These conditions supersede any earlier Conditions of Sale of the Company and no alteration, or addition to our exclusion of any part of these conditions of sale shall be applicable unless agreed in writing by a Director of the Company.

Any and all Contracts shall be deemed to be made at the Registered Office of the Company at Crieff;

The Headings listed within this document are for guidance only and shall have no effect on interpretation;

Scottish Law shall be the proper Law of any Contract and all claims under the Contract shall be settled by reference to the Scottish legal system, whether or not the Buyer is situated outside Scotland.

2. Order acceptance
a) All quotations and estimates provided by the Company, unless otherwise expressed in writing, are invitations to treat, and are only valid for a period of 60 days from quote date; the buyer’s order is an offer and will only become binding upon the Company's confirmation of acceptance;

b) The Company will not accept cancellation or variation of any order except at its discretion. The acceptance of cancellation shall not in any way prejudice the Company's right to recover from the Buyer full compensation for any loss or expense arising from such cancellation or variation, and as such, the Buyer shall indemnify the Company in full against all such costs including loss or profit, labour, materials and all expenses incurred by the Company as a result of any such cancellation or variation;

c) Defects in quality, delayed delivery or alteration of specification by the Company shall not be grounds for cancellation.

3. Specifications and fitness
a) The Company reserves the right to without notice and affecting the validity of any contract, make such changes in dimensions, design and or materials as it sees fit;

b) Whilst the Company takes great care in the preparation of catalogues, price lists, technical circulars and other literature, all illustrations, dimensions and descriptions are to be taken as a general guide only and are not binding in details; all prices, finishes and designs are as accurate as possible within normal manufacturing tolerances but may be subject to change without notice;

c) In the cases whereby upholstery work is required, the choice of material is to be specified to RMA four weeks before delivery at the latest. Should this specification be late, the Company reserves the right to arrange for an extra delivery and subsequent charges for the upholstered items;

d) In the cases whereby "Customer’s Own Material" is used or non-standard fabrics specified, the Buyer shall supply a sample cutting of this fabric attached to the order indicating face side of the cloth to be used and its width and pattern repeat. The Buyer shall ensure that the fabric supplied either directly by them or from a third party shall be accurate in its amount, suitable for purpose and without defects. The Company shall be under no obligation to check, prior to cutting, any of these requirements; should any costs arise following the discovery of such shortages, defects or lack of suitability, these shall be the responsibility of the Buyer; such costs can include supply of new fabric, any labour and material costs incurred by the Company or its servants in duplication of production and or delivery costs, and any liability in respect of delayed delivery, cancellation or loss of profits;

e) It is the responsibility of the Buyer to assess the suitability of the goods and quality and fitness for purpose and he shall ensure the accuracy of any terms of the order.

4. Price, payment and delivery
a) All prices quoted are ex-works; packaging shall be at the discretion of the Company;

b) Prices quoted are valid for a period of sixty days from quotation and are subject to VAT at prevailing rate;

c) The Company shall apply interest to any overdue accounts at a rate of 4% or greater above National Westminster Bank plc Base lending rate on a daily basis;

d) The Company shall not be held responsible for delays in delivery caused by strikes, lockouts, trade disputes, breakdowns, accidents, war, civil commotion or riot, Act of God or any other event beyond the control of the Company;

e) Due to the current uncertainty and fluctuation in global raw material costs, we reserve the right to amend our costs resulting to subsequent individual purchase orders placed after 30 days in line with market movements. Please be advised that any such movements will first be communicated prior to taking effect.

f) If the Buyer fails to accept the goods when they are delivered the Company reserves the right to store and insure the goods and to charge the Buyer the reasonable cost of doing so. Such a delay in acceptance will not delay any payments due under the particular contract;

g) The Company reserves the right to make partial delivery and this shall not affect the contract for the balance of goods;

h) All new customers are required to pay on a pro-forma basis. Acceptance of all orders will be subject to satisfactory credit insurance checks.

i) Any delivery dates quoted will vary should there be a delay in information, payment or instruction by the purchaser or their agents.

j) Where Payment is due at an agreed period beyond delivery, the delivery date is the first date for agreed delivery (i.e. should the date of delivery be delayed the payment due date will not be moved back).

k) The above delivery and installation price is based on normal working hours (Mon-Fri, 9am-5pm).

l) Out of hours work will be charged at a premium rate and subject to availability.

m) “Delivery only” is defined as 1 man tail gate delivery. The customer must ensure an appropriate number of their own staff is able to receive the goods without delaying the vehicle beyond a reasonable time. Distribution of the goods must be carried out after being dropped at the receiving point. Delivery of any order will be scheduled on a week ending date at time of order and confirmed by email 72 hours before delivery. Plastic stretch wrap covers, corner protectors and blankets are used to protect the goods whilst in transit only. All goods must be checked before the vehicle leaves for any obvious signs of transit damage and a selected sample of items must be thoroughly checked and marked as such on the delivery note.

5. Inspection and defects
a) The Buyer is under a duty to inspect the goods on delivery or collection and the Company shall not be liable for any defects or shortages that would be apparent upon careful inspection at that time and noted on the Company's delivery document; Terms such as "un-checked" or "not inspected" are not accepted by the Company as valid reason for defects or shortages;

b) Where any defect is not immediately apparent, this must be notified in writing to the Company within three days of receipt of goods;

c) In all cases where defects or shortages are complained of, the Company shall be under no liability in respect thereof unless an opportunity to inspect the goods before any use is made thereof or any alterations or modification is made thereto by the Buyer;

d) Subject to the above, the company reserves the right to make good any defect as soon as it is reasonably able to do so, but shall be under no liability arising for any shortage defect; the company may choose to either repair or replace the defective article as it sees fit and extend its warranty for this for a period of ninety days from date of availability of the repaired or replaced article;

e) Only defects caused by faulty manufacture, materials or workmanship shall be covered. Defects caused by abnormal usage, misuse, neglect or wear and tear shall not be covered by the Company;

f) The Company shall not be held liable for any consequential or indirect loss including loss of profits, damage to property suffered by the Buyer whether this loss arises from a breach of duty in contract, late delivery, and defects or in any other way, including negligence on behalf of the Company. It shall, therefore, be a duty of the buyer to take out and maintain a policy of insurance to cover any such losses;

g) When goods which have been manufactured or part manufactured, according to initial instructions and then either cancelled or returned, for whatever reason, the order will be chargeable in full.

6. Title risk and beneficial ownership
a) The risk in all goods supplied shall pass to the Buyer on delivery;

b) Title of goods supplied shall remain with the company until the purchase price and any other monies owing to the buyer, whether or not due, are paid in full;

c) Until title passed to the Buyer, the goods shall be kept by the Buyer acting as Bailee, who shall also ensure goods are insured;

d) Until such time as the goods are paid for by the buyer, the company reserved the right to enter the Buyer’s property or any other property where the Buyer might have placed the goods, and repossess the goods without notice and the Buyer shall bear any costs incurred in so doing;

e) Were the buyer has supplied goods to the company for alterations, the company shall have "Paticular Lien" on these goods untill the buyer has paid in full.

7. Behaviour
a) The company expects that its employees will conduct themselves in a professional manner when interacting with the buyer and or the supplier at all times.

b) The company will NOT accept behaviour (including bullying, harassment and victimisation), which may involve actions, words or physical gestures that could reasonably be perceived to be the cause of another person’s distress or discomfort. Bullying or harassment may be by an individual against an individual or involve groups of people;

c) If such unacceptable behaviour is from an employee of the company and to or in the presence of a buyer or supplier to the contract, the company will undertake appropriate disciplinary action against said employee and will let all parties, whether the buyer or supplier know its outcome.

d) If such unacceptable behaviour is from a buyer then the company will terminate the contract immediately as a breach of contract.

8. General
a) If there are any differences between the information within the quotation and the order acknowledgement in respect of any Contract the latter shall prevail.
b) Each right or remedy of the parties under the Contract is without prejudice to any other right or remedy of the parties.

c) In the event that such court, tribunal or administrative body of competent jurisdiction decides that such condition is not severable, the parties agree to attempt to substitute the relevant condition with a valid, enforceable and legal provision which achieves, to the greatest extent possible, the same effect as the original condition would have.

d) Failure or delay by the Supplier to enforce, or partially enforce, any provision of the Contract shall not by construed as a waiver of any of its rights under the Contract. Any waiver by the supplier of any breach of, or any default under, any provision of the Contract by the Buyer shall be in writing and shall not be deemed to be a waiver of any subsequent breach or default and shall in no way effect the other provisions of the Contract.

e) No provisions of the Contract are enforceable by virtue of the contracts (Rights of third parties) Act 1999 by any person who is not a party to the Contract.

f) The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by Scottish Law and the parties submit to the exclusive jurisdiction of the Scottish Courts.

g) The Buyer acknowledges and agrees that details of the Buyer's name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the supplier in connection with the contract. All communications between the parties about the contract, including any notices to be sent or received under the contract, must be in writing. All communications and notices sent and invoices issued, shall be sent to the other party's registered address, or such other address as is notified in writing by the other party, either by hand, first class post or email.

Our prices are generally held for 60 days from date of quote. However, due to fluctuations in raw material prices it may be necessary to alter prices without notice and we reserve the right to deliver goods at the prices ruling at the time of despatch.

All prices are subject to confirmation following a detailed site survey.

All prices are subject to VAT at the current rate.

All projects are priced based on the information submitted by the buyer. Should this alter or prove incorrect, we may charge for any additional work and the delivery and installation dates will change.

Interest will be charged at 4% above bank rate on any overdue accounts.
Lead times will commence from receipt of your written official purchase order & deposit.

All orders are subject to a satisfactory credit check. Upon approval, we will send an order confirmation. Please ensure that all the details are as you correct, as there may be charges if you amend them after 24 hours.

Titles to all products remain with RMA until all invoices are settled in full.

Your quotation does not include for storage of items on our premises.

Any defects must be notified in writing within 24 hours of delivery.

Please be aware that electrical fittings and plumbing are not included, unless stated otherwise.

Our prices are based custom hand made items and not mass production runs and unless otherwise stated.

Dimensions are all in mm and are approximate. Due to our policy of continuous improvement we may make variations to specifications without notice.

If you are paying for a site survey, our surveyor should have uninhibited access to all relevant areas of your property. If your property is not ready when we need to do the survey, we reserve the right to manufacture your products to our calculated dimensions and any building works are to be adjusted to suit these dimensions by yourselves. Alternatively we may reserve the right to delay your delivery until a minimum of weeks after the site is ready for a full survey.

Unless stated otherwise we have not included for the on site scribing of any furniture.

Unless stated otherwise our furniture is manufactured to be freestanding (this excludes headboards and mirrors).

Any furniture that abuts skirting boards will either stop short of the skirting or will have factory produced cut outs to accommodate the general shape of the skirting with tolerance of up to 50mm.

‘Delivery Only’ projects are priced to include 1 man and a vehicle. This is a "tailgate" delivery and the client is responsible for any furniture movement beyond the back of the vehicle.

‘Distribution & Installation’ assumes clear access to rooms i.e. free from guests, obstruction and all existing furniture.

‘Distribution Only’ projects do not include for the unwrapping of your products.

Our prices assume single handling with lifts available to all floors. Prices are based on fitting the full room sets in one visit.

Our distribution and installation price does not include for working over the weekends. This can be accommodated at an additional cost.

Additional or unforeseen on site distribution or installation work will be charged at an hourly rate of £252.00 an hour.

If installation is requested, please have a representative available to help our fitters with the positioning of the furniture, or provide detailed room layouts 7 days before installation.

Costs for distribution and Installation are subject to final site survey.

Changes to site conditions and delays on site caused by others will be chargeable.

If the client or its agents delay our delivery beyond 4 days, there may be a storage charge of 1% / week.

Should the buyer decide to move your original installation date, there may be a storage charge and a new installation date is subject to the availability of RMA’ installation team.

A change of installation date within 72 hours of the planned date may incur an aborted fitting cost.

Unless stated otherwise all upholstery items are quoted using Customers Own Material (C.O.M.) & therefore the cost of the fabric is not included.

For Customers Own Material upholstery projects (C.O.M) your fabric must be received at RMA at least 6 weeks prior to our delivery to you. If the fabric arrives at RMA after this date, there may be an additional delivery charge.

For C.O.M. orders it is the customer’s responsibility to have suitable fire rating certification for their fabric to the statutory standards.

Carpet: Please note our prices for carpet are for the quantity manufactured (including off cuts) NOT net carpet area fitted.



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Terms Of Use

IMPORTANT: Before downloading, accessing, or using any part of a Web site owned or operated by Raving Mad About or one of its affiliates or subsidiaries (together, “Raving Mad About”), you (identified herein as “you” or a “User”) should read the following terms and conditions contained in this Terms of Use Agreement (“TOU” or “Agreement”) carefully, as they govern your access to and use of a Web site owned or operated by Raving Mad About and any programs, services, products, materials, or information available thereon or used in connection herewith (collectively, for the purposes of this TOU, the "Site").

TERMS AND CONDITIONS

USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view our information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence). You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. You are responsible for maintaining the confidentiality of any account number, account name, user id and/or password, if applicable, for the Services you utilize through the Site. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Raving Mad About is not responsible for the security of any information transmitted to or from the Site. Raving Mad About reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.

LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use any article or other content on the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of another User(s), or any other systems or networks connected to the Site or to any Raving Mad About server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Raving Mad About on or through the Site, or (viii) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Raving Mad About. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY RAVING MAD ABOUT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Raving Mad About transfers no ownership or intellectual property interest to or title in the Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Raving Mad About and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Raving Mad About does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site is Copyright © 2011 Raving Mad About or its affiliates or subsidiaries. All rights reserved. Raving Mad About also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Raving Mad About. All names, logos, and icons identifying Raving Mad About and its programs, products, and services are proprietary trademarks of Raving Mad About, and any use of such marks, including, without limitation, as domain names, without the express written permission of Raving Mad About is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of products, receipt of services, User registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by all such other notices, terms, and conditions. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including any restricted areas offering on-line access to Raving Mad About’s programs, tools, or services, the latter terms shall control with respect to your use of that portion of the Site. Raving Mad About’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such terms, conditions, notices, and agreements. Raving Mad About makes no warrants or representations whatsoever regarding any other web site that you may access through the Site.

PRIVACY POLICY. Please review our online Privacy Policy at www.RavingMadAbout-it.com, incorporated herein by reference, for information about our collection and use practices with respect to information Raving Mad About collects about you when you use the Site.

DISCLAIMER. WHILE RAVING MAD ABOUT ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, RAVING MAD ABOUT MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THE SITE. RAVING MAD ABOUT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. RAVING MAD ABOUT ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.

LIMITATION OF LIABILITY. You expressly absolve and release Raving Mad About and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from any claim of harm resulting from a cause beyond Raving Mad About’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL RAVING MAD ABOUT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RAVING MAD ABOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF RAVING MAD ABOUT FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO RAVING MAD ABOUT IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

INDEMNITY. You agree to defend, indemnify, and hold harmless Raving Mad About and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOU.

GOVERNING LAW. This TOU makes up the entire agreement between Raving Mad About and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. The laws of the United Kingdom, without regard to its conflict of law principles, will govern this TOU.

UPDATES. Raving Mad About may at any time revise this TOU by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

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