Q: Where can I buy Dynamite products?
You can use our Store finder page to locate your nearest Dynamite stockist. Simply type in your town or postcode and view and contact the nearest stores
Q: How can I find out more about my favourite Dynamite products?
Our dedicated product pages provide information and videos on every product. Click ‘Products’ above and selected ‘Carp’, ‘Match & Coarse or ‘Other’ and browse our ranges.
Q: How can I submit my carp or specimen fish catch photographs and reports?
You can send us your photos by either using the ‘Contact Us‘ page or using the dedicated catch report form at the bottom of our SAS Competition page. Please ensure you input details of the catch. Alternatively you can email us at catchshots@dynamitebaits.com
Q: How can I purchase Dynamite Baits merchandise and branded clothing?
Our dedicated clothing store is updated regularly and can be found HERE
Q: Where can I find the latest Dynamite news?
We regularly update our News and Article pages on this site. Our Facebook pages are also a good way of keeping up to date with new products and catch news.
Carp: https://www.facebook.com/dynamitebaits/
Match & Coarse: https://www.facebook.com/dynamitebaitsmatch/
Q: How do I subscribe and download the FREE Dynamite E-Zine?
Fill in the form at the bottom of this page and then check your email inbox. Click the link in the confirmation email to view the latest issue. To view back issues simply visit our ISSUU page HERE.
Q: How do I use the website search function?
Click the magnifying glass icon at the bottom of the page and type in your query. Select ‘Articles’, ‘News’ or ‘Products’ from the tabs at the top of the results to filter query type.
Sales T&C’s
- GENERAL
1.1 In these Conditions unless the context otherwise requires the following words have the following meanings:-
“Buyer” the person firm or company buying Goods or Services from the Seller;
“Contract” the contract for the sale and purchase of the Goods;
“Credit Account” the credit account in the Buyer’s name created by the Seller;
“Goods” the goods (including any instalment of the goods or any parts for them) which the Seller is to supply;
“Price” the price payable for the Goods;
“Seller” Rapala VMC UK Limited (registered number: 4338458) whose registered office is at The Development Centre, Fosse Way (A46), Cotgrave, Nottingham NG12 3HG, UK;
“Writing”, ”Written” includes hard copy, facsimile transmission, electronic mail and comparable means of communication.
1.2 These Conditions are the only conditions upon which the Seller is prepared to deal with the Buyer, and they shall govern the Contract to the entire exclusion of any other express conditions.
1.3 These Conditions may only be modified by a variation in writing signed by a Director of the Seller and no other action on the part of the Seller (whether delivery of the Goods, or otherwise) shall be construed as an acceptance of any other conditions.
1.4 These Conditions (as modified in accordance with condition 1.3 and together with the matters referred to in the Seller’s quotation and/or acceptance of order) embody the entire understanding of the parties and supersede any prior promises, representations, undertakings or implications. This condition shall not exclude any liability in respect of any statement made fraudulently by either party prior to the date of the Contract.
1.5 The employees and agents of the Seller are not authorised 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 representations which are not so confirmed.
1.6 A contract is only concluded when the Seller despatches an acceptance of order to the Buyer. Any quotation in whatever form given to the Buyer is given subject to these Conditions and does not constitute an offer to sell.
1.7 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.
2 PERFORMANCE
2.1 The Seller warrants that the Goods shall at the time of delivery be free from defects in workmanship and materials. If any Goods do not conform to this warranty the Seller will at its option:-
2.1.1 replace the Goods (or the part in question) found not to conform to the warranty; or
2.1.2 take back the Goods found not to conform to the warranty and refund the appropriate part of the purchase price.
2.2 Provided that the Seller’s liability shall in no event exceed the Price or £2,500,000 (two and a half million pounds), whichever is the higher, and performance of any one of the above options shall constitute an entire discharge of the Seller’s liability under this warranty.
2.3 The above warranty is subject to the following conditions:-
2.3.1 the Buyer must give written notice to the Seller of the alleged defect in the Goods within seven days of the time when the Buyer discovers or ought to have discovered the defect, and in any event within one month of delivery of the Goods; and
2.3.2 the Buyer must give the Seller a reasonable opportunity to inspect the Goods and, if requested by the Seller, return the allegedly defective Goods to the Seller’s works, carriage pre-paid, for inspection to take place there; and
2.3.3 the Goods have not been altered or modified in any way whatsoever and have not been subjected to misuse or inadequate storage; and
2.3.4 the Buyer has complied with its obligations under this or any other contract made with the Seller;
2.3.5 the Seller shall be under no liability in respect of any defect in the Goods arising from any inaccurate specification supplied by the Buyer;
2.3.6 the Seller shall be under no liability in respect of any defect arising from the Buyer’s wilful damage, negligence or abnormal working conditions or failure to follow the Seller’s instructions (whether oral or in writing); and
2.3.7 the above warranty does not extend to materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any warranty or guarantee as is given by the manufacturer to the Seller.
2.4 Except as provided in condition 2.1 and in Section 12 of the Sale of Goods Act 1979:-
2.4.1 all conditions and warranties, express or implied, as to the quality or fitness for any purpose of the Goods are expressly excluded to the fullest extent permitted by law; and
2.4.2 the Seller shall not under any circumstances be liable in contract, tort, statute or otherwise for any direct, indirect or consequential loss or for increased costs or expenses, or loss of profit, business, contracts, revenues or savings howsoever arising which may be suffered by the Buyer
(except in respect of death or personal injury caused by the Seller’s negligence).
2.5 The Seller reserves the right to make any changes to the ingredients used to create the Goods or to the components within the Goods provided that these do not materially affect the quality or performance of the Goods.
- PRICE
3.1 The price for the Goods will be the Seller’s list price last published on the date on which that consignment of Goods is dispatched to the Buyer.
3.2 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 its control (such as without limitation, foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture) any changes in delivery dates, quantities or the Specifications for the Goods which is requested by the Buyer or any delay caused by any of the Buyer’s instructions or his failure to give the Seller adequate information or instructions.
3.3 Notwithstanding that the Seller (with the Buyer’s authority) shall instruct carriers for the delivery of the Goods the Price shall be exclusive of any costs of carriage, freight or insurance incurred by the Seller as a result of the provision of the Goods.
3.4 The Price is exclusive of value added tax or any similar taxes, levies or duties, which will be added to or charged on invoices at the appropriate rates.
- PAYMENT
4.1 Subject to any terms agreed in writing between the Buyer and the Seller, the Seller may invoice the Buyer for the Price on or at any time after despatch of the Goods, unless the Goods are to be collected by the Buyer 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.
4.2 Unless otherwise agreed in writing, the Buyer shall pay the price for the Goods within 7 (seven) days of the date of the Seller’s invoice such date which is stated as the ‘due date’ on the Seller’s invoice.
4.3 If any payment that is to be made by the Buyer to the Seller is overdue, interest will be chargeable on the sum due before and after judgment on a day to day basis at an annual rate of 5 per cent above the Bank of England base rate from time to time applicable, until the sum due is paid.
4.4 Where any sum owed by the Buyer to the Seller under this or any other contract or the Credit Account is overdue the Seller may withhold any deliveries of Goods due to be made under this Contract until arrangements as to payment or credit have been established which are satisfactory to the Seller.
- LIEN
5.1 The Seller will (without prejudice to any other remedy available to it) have in respect of all unpaid debts due from the Buyer a general lien on all the Buyer’s property in the Seller’s possession for whatever purposes and whether worked upon or not and be entitled, on the expiration of not less than 14 days notice in writing to the Buyer, to dispose of such property and to apply the proceeds towards the satisfaction of such debts.
- DELIVERY
6.1 Delivery of each consignment of Goods shall be made to the place designated by the Buyer on the Seller’s order form. When the Seller gives notice to the Buyer that the Goods are ready for collection, the Buyer will arrange for the Goods to be collected within [5] [working] days of such notice.
6.2 Any dates quoted for delivery of the Goods are business estimates only and the Seller will not be liable for any loss or damage (whether direct, indirect or consequential) or loss of profit, business, contracts, revenues, or savings howsoever arising sustained by the Buyer as a result of the Seller’s failure to comply with such delivery times. Time for delivery shall not be of the essence. The Goods may be delivered by the Seller in advance of the quoted delivery date on 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 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 the Seller (without prejudice to any other rights or remedy it may have) may either:-
6.4.1 store the Goods as set out in Condition 8; or
6.4.2 sell the Goods at the best price readily obtainable and, after deduction of the Seller’s reasonable storage and sale expenses, charge the Buyer for any shortfall below the Price due under the Contract or account to the Buyer for the excess over the Price under the Contract.
- RISK AND PROPERTY
7.1 The risk of damage to or loss of the Goods shall pass to the Buyer upon delivery of the Goods to the Buyer or any carrier acting on its behalf. If the Buyer fails to collect the Goods from the Seller’s premises on the date specified or it fails to take delivery or the Seller is unable to despatch the Goods because of the Buyer’s acts or omissions, the risk in the Goods shall still pass to the Buyer at the time when it should have collected the Goods or taken delivery.
7.2 The property in the Goods shall not pass to the Buyer until the full price of the Goods, and goods which are the subject of any other contract between the Seller for which payment is due, is paid.
7.3 Until such time as the property in the Goods passes to the Buyer:-
7.3.1 they shall be held by the Buyer in a fiduciary capacity and stored by the Buyer at its premises in such a manner that they are clearly identifiable as the Seller’s Goods (including by reference to the relevant product code) and shall be kept separate from any other goods, whether or not supplied by the Seller, but the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business; and
7.3.2 the Buyer shall insure the Goods to the full replacement value of the Goods and shall note the Seller’s interest on the policy; and
7.3.3 the Buyer shall not pledge or charge in any way the Goods, and if the Buyer breaches this Condition 7.3.3 the Price shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary; and
7.3.4 they shall be handed over to the Seller on demand and the Seller shall be entitled to re-take possession of them without prejudice to any of its other rights against the Buyer, and the Seller is granted a licence to enter into the Buyer’s premises for the purpose of recovering the Goods.
7.4 If the Buyer fails to pay for the Goods in accordance with these terms the Seller will have the right to bring an action against the Buyer for the Price of the Goods at any time notwithstanding that property in the Goods has not passed to the Buyer.
- STORAGE
8.1 The Seller shall be entitled to store the Goods (or any of them) at the Buyer’s expense at the Seller’s premises or elsewhere if:-
8.1.1 where the Buyer is required to collect the Goods from the Seller’s works, it fails to take delivery at the time specified;
8.1.2 where the arrangement is for the Goods to be delivered by the Seller, either it is unable to despatch the Goods by reason of the acts or omissions of the Buyer, or the Seller has despatched the Goods but the Buyer fails to take delivery;
8.1.3 the Seller withholding delivery of the Goods pursuant to Condition 4.4.
8.2 The expenses that the Seller may re-claim from the Buyer include all reasonable costs incurred by the Seller (whether by way of storage, insurance or otherwise) in respect of the Goods. It is expressly declared that it shall be reasonable for the Seller to take out insurance in respect of the Goods notwithstanding that the risk in the Goods has passed to the Buyer.
- INTELLECTUAL PROPERTY
9.1 The Buyer acknowledges that the Seller retains ownership of any intellectual property rights in or associated with the Goods.
- CANCELLATION
10.1 Orders which have been accepted by the Seller can only be cancelled by the Buyer with the prior written agreement of the Seller and on condition 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 it as a result of cancellation.
10.2 If the Buyer enters into any voluntary arrangement with its creditors or (being an individual or a firm) becomes bankrupt or (being a company) becomes subject to an administration order, has a petition presented or an order made for its winding-up, has a receiver, administrator or administrative receiver appointed over all or any part of its undertaking or assets, goes into liquidation or ceases or threatens to cease to trade, then without prejudice to any other remedy available to the Seller, the Seller shall have the right to cancel the Contract or suspend further deliveries under the Contract without any liability to the Buyer. If the Goods have been delivered but not paid for, the Price shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.
- FORCE MAJEURE
11.1 The Seller shall have the right to cancel or to reduce the volume of the Goods delivered if the Seller is prevented from or hindered in delivery of the Goods through any circumstances beyond its control (including, but not limited to, strike, lock-out or other industrial action, war, fire, Act of God, or prohibition or enactment of any kind), without incurring any liability whatsoever.
- SET-OFF
12.1 The Buyer will have no right of set-off statutory or otherwise.
- GOVERNING LAW
13.1 The Contract is governed by English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
- THIRD PARTY RIGHTS
14.1 This Agreement does not create any right enforceable by any person not a party to it except:-
14.1.1 who is the permitted successor to or assignee of the rights of a party is deemed to be a party to this Agreement;
14.1.2 any holding or subsidiary company of the Seller.
Note : The Seller’s prices are calculated on the basis that the above Conditions will apply. If the Buyer requires prices to be quoted on any other basis it should inform the Seller.
RAPALA VMC UK LIMITED
TERMS AND CONDITIONS OF SALE
