Website Terms & Conditions

WELCOME TO THE IRUN Oxford WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT http://www.irun-oxford.co.uk. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

The http://www.irun-oxford.co.uk website is operated by:
IRUN Oxford which is a trading name of IRUN Solutions Ltd a company registered in England and Wales, whose registered office is at Cantium House, Railway Approach, Sutton, Surrey SM6 0DZ. Our company registration number is 7426541.
Our VAT registration number is 102 468 051.

Our contact details are as follows:
Trading address: 

Units 42-45 Boston House Grove Technology Park
Wantage
Oxon
United Kingdom
OX12 9FF
General email:  admin@irunsolutions.co.uk
Telephone number: 01865 920003
Fax number  01865 920004

1 Interpretation     

1.1 In these Conditions :

“Buyer” means the person, firm or Company accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller  

“Goods” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions 

“Seller” means IRUN Solutions Ltd. registered in England and Wales under number 7426541 having a registered office at Cantium House, Railway Approach, Sutton, Surrey SM6 0DZ. “Conditions” means the terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller

“Writing” includes facsimile transmission, E-mail and comparable means of communication

”Delivery” includes Delivery of tangible goods or services or handover of non tangible products or services

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2 Basis of the Sale  

2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.

2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorized representatives of the Buyer and the Seller.

2.3 The Seller’s employees or agents are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing.  In entering into the Contract, the Buyer acknowledges that it does not rely on any such unconfirmed representations.

2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

3 Orders and Specifications   

3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorized representative.

3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specifications) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.

3.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).

3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.

3.5 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.

3.6 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

4 Price of the Goods

4.1 The price of the Goods shall be agreed in Writing between the Buyer and the Seller or, in the absence of agreement, shall be governed by any published or prevailing prices of the Seller at the time the Buyer’s order is accepted.  All prices quoted are valid for thirty days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller upon giving reasonable notice to the Buyer.

4.2 The Seller reserves the right, by giving notice to the Buyer at any time before Delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in Delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

4.3 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices given by the Seller include Delivery to the Buyer’s warehouse or other nominated premises where appropriate but are exclusive of VAT.

4.4 The Buyer shall not be entitled to make any deduction from the price of the Goods in respect of any alleged rights to set-off or counter-claim unless both the validity and the amounts thereof have been expressly acknowledged and admitted by the Seller in Writing.

5 Terms of Payment   

5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after Delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take Delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection  (as the case may be) the Seller has tendered Delivery  of the Goods.

5.2 The Buyer shall pay the price of the Goods within fifteen days of the date of the Seller’s invoice, and the Seller shall be entitled to recover the price, notwithstanding that Delivery may not have taken place and the property in the Goods has not passed to the Buyer.  The time of payment of the price shall be of the essence of the Contract.  Receipts for payment will be issued upon request.

5.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to :

5.3.1 cancel the contract or suspend any further deliveries or service
provision to the Buyer;

5.3.2  appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and

5.3.3 charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 1 per cent per month above base rate of HSBC Bank plc, until payment in full is made ) a part of a month being treated as a full month for the purpose of calculating interest).

6 Delivery  

6.1 Delivery of the Goods shall be a matter for agreement between the Buyer and the Seller.

6.2 Any dates quoted for Delivery of the Goods are approximate only, though the Seller will use all reasonable endeavours to meet any estimated dates.  Time for Delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing.  The Goods may be delivered by the Seller in advance of the quoted Delivery date upon giving reasonable notice to the Buyer. 

6.3 Where the Goods are to be delivered in instalments, each Delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

6.4 If the Seller fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the buyer.

6.5 If the Buyer fails to take Delivery of the Goods or fails to give the Seller adequate delivery  instructions at the time stated for Delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may :

6.5.1 retain the Goods and retain ownership of any related intellectual Property Rights until actual Delivery; or

6.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

7 Risk and Property  

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer;

7.1.1 in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or

7.1.2 in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of Delivery or, if the Buyer wrongfully fails to take Delivery of the Goods, the time when the Seller has tendered Delivery of the Goods.

7.2 The property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.

8 Warranties and Liability 

8.1 After Delivery the product will be subject to a 90 day warranty period during which time any defects in the product that can be replicated and are notified in writing will be rectified at the suppliers cost.  Once outside the 90 day period the supplier shall make reasonable efforts to assist the buyer to rectify any faults reported but is not obligated to provide a solution unless a software support contract has been agreed between the two parties.

8.2 Unless quality limits are specifically agreed in Writing, the Goods shall be of a reasonable commercial quality, subject to normal commercial tolerances, determined by appropriate quality control procedures.  In the event of dispute an independent third party arbitration company will be asked to arbitrate, their decision being mutually binding on both parties.

8.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not Delivery is refused by the Buyer) be notified to the Seller within seven days from the date of Delivery or (where the defect or failure was not apparent on reasonable inspection) within the 90 day warranty period after discovery of the defect or failure.  If Delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

8.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

8.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.

8.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall  not exceed the price of the Goods, except as expressly provided in these Conditions.