Terms & Conditions
These are the terms and conditions of Kilgraney Railway Sleepers (KRS) and its commercial websites RailwaySleepers.com, RailwaySleeper.com and Kilgraney.com. By placing an order with KRS or any of its websites, the buyer agrees to be bound by these terms.
Acceptance of order
Following your payment on the website you will immediately receive a computer generated first e-mail that acknowledges receipt of your order. However this automatic acknowledgment is NOT a binding contract between you and KRS until you have been sent a second e-mail that confirms that we have received and accepted your order and includes a full VAT invoice, as well as delivery details.
We reserve the right to terminate the contract in the event that the goods or delivery are unavailable, incorrectly priced or that payment is not received. In the event of any product being unavailable, KRS shall be relieved of any liability in connection with all such contracts or orders. In no case shall KRS be bound to obtain or deliver products from any other sources other than those intended in the acceptance of the order.
Ownership of the goods shall not pass to the buyer until KRS has received in full (in cash or cleared funds) all sums due to it in respect of the order / invoice. See Risk/Title below.
After acceptance of the goods, through receipt of delivery or collection, the Buyer shall not be entitled to reject products which are not in accordance with the contract. Where the buyer accepted any products then KRS shall have no liability whatever to the buyer in respect of those products.
Delivery costs are calculated according to the delivery details and information given by the customer, and the delivery options chosen. Delivery charges generated by the delivery charge calculator on the website should be used for guidance only. Although mainly correct there can be variations dependent upon delivery conditions and haulage charge changes. If in doubt, please ring the office.
The customer is responsible for any delivery charges incurred due to them giving inaccurate information leading to problems with delivery, access, offloading or re-delivery or return charges. KRS do not accept liability for goods being undelivered due to poor accessibility or the buyer being unprepared for, or unable to offload the goods.
Delivery dates or periods for delivery stated in the contract, invoice or on the website are only approximate and not essential terms unless in the circumstances that both parties agree guaranteed delivery dates and the contract so provides. KRS shall not be liable for any direct, indirect or consequential loss (including economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by KRS's negligence), nor shall any delay entitle the buyer to terminate or rescind the contract unless such delay exceeds 120 days.
KRS shall not be liable in the event that the quantity of goods it delivers to the buyer is less than the buyer ordered unless the buyer notifies KRS in writing within three working days of the numbers delivered short and in such circumstances KRS's liability shall be restricted to making good such shortage.
Returns & Cancellation
Goods supplied to your own size, design or specification may not be returned.Goods must be returned in original condition and may not be returned after any form of treatment, cutting or alteration with anything including wood stain, wax, oil or preserver.
Goods must be returned to our correct address. Please contact us for confirmation before returning items.In the case of any suspected defect or damage, please contact us immediately and always before returning goods. If we are notified that you believe the returned goods to be defective or damaged, upon receiving the goods we can inspect the defect or damage with a view to an exchange of goods or refund.
Should you want to cancel your order you must give written notice to us. Notification by phone will only be accepted if preceding full written confirmation of cancellation via post or e-mail to our office address. Cancellation can only be accepted providing the goods have not already been cut, manufactured or dispatched. In circumstances where we accept your cancellation, we reserves the right to make a deduction in respect of any charges we have incurred up to that point, including carriage or re-stocking of the goods.
The buyer is solely responsible for insuring that the products they purchase are suitable and fit for the purpose.
Where KRS’s website and correspondence specifies dimensions of products, it must be noted by the buyer that these dimensions are approximate and subject to tolerances. The sizes quoted are for guidance only. Photos of products are for illustrative purposes only, and may not exactly match the product, in terms of colour, condition and size.
Please remember that wood is a natural product and is susceptible to movement and weathering as it seasons. It is not uncommon for splits to occur as the wood dries out. This is not a fault in the product but a part of using natural products.
Reclaimed materials may inevitably and naturally have cracks, defects, imperfections, variations in size and shape, decay and damage all due to the consequences of age, usage, seasoning and outside weathering.
KRS's employees or agents are not authorised to make any representations concerning the goods unless confirmed by KRS in writing. In entering into a contract the buyer acknowledges that it does not rely on any such representations which are not so confirmed.
Any advice or recommendation given by the KRS or its employees or agents to the buyer or its employees or its agents as to the storage, application or use of the goods which is not confirmed in writing by KRS is followed or acted upon entirely at the buyer's own risk, and accordingly KRS shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical, clerical or other error or omission in any literature, quotation, price list, acceptance of offer, invoice or other document or information issued by KRS shall be subject to correction without any liability on the part of KRS.
The KRS shall not be liable to the buyer or be deemed to be in breach of the contract by reason of any delay, and performing, or any failure to perform, any of the KRS's obligations in relation to goods, if the delay or failure was due to any cause beyond the KRS's reasonable control.
Security of information
All personal details that you give us are securely stored. We do not supply or sell customers details to any outside organisation. We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of your order and payment secure, but, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering. All website transactions of credit and debit cards are encrypted and sent over a secure server.
Ownership / Risk / Title
1. Responsibility for the goods are at the risk of the buyer from the time of delivery.
2. Ownership of the goods shall not pass to the buyer until KRS has received in full (in cash or cleared funds) all sums due to it in respect of:
(a) the goods; and
(b) all other sums which are or which become due to the KRS from the buyer on any account.
3. Until ownership of the goods has passed to the buyer, the buyer shall:
(a) hold the goods on a fiduciary basis as KRS's bailee;
(b) store the goods (at no cost to KRS) separately from all other goods of the buyer or any third party in such a way that they remain readily identifiable as the KRS's property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; and
(d) maintain the goods in satisfactory condition and keep them insured on the KRS's behalf for their full price against all risks to the reasonable satisfaction of KRS. On request the buyer shall produce the policy of insurance to the KRS.
4. The buyer may resell the goods before ownership has passed to it solely on the following conditions:
(a) any sale shall be effected in the ordinary course of the buyer's business at full market value; and
(b) any such sale shall be a sale of the KRS's property on the buyer's own behalf and the buyer shall deal as principal when making such a sale.
5. The buyer's right to possession of the goods shall terminate immediately if:
(a) the buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the buyer or notice of intention to appoint an administrator is given by the buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the buyer or for the granting of an administration order in respect of the buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the buyer; or
(b) the buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the contract or any other contract between the KRS and the buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the buyer ceases to trade; or
(c) the buyer encumbers or in any way charges any of the goods.
6. KRS shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from KRS.
7. The buyer grants KRS, its agents and employees an irrevocable license at any time to enter any premises where the goods are or may be stored in order to inspect them, or, where the buyer's right to possession has terminated, to recover them.
8. Where KRS is unable to determine whether any goods are the goods in respect of which the buyer's right to possession has terminated, the buyer shall be deemed to have sold all goods of the kind sold by KRS to the buyer in the order in which they were invoiced to the buyer.
9. On termination of the contract, howsoever caused, KRS's (but not the buyer's) rights contained in this condition 6 shall remain in effect.
VOTE OF CONFIDENCE!