Red Mile
Terms & Conditions
The information contained in this website is for general information purposes only. The
information is provided by Red Mile and whilst we endeavour to keep the information up to
date and correct, we make no representations or warranties of any kind, express or implied,
about the completeness, accuracy, reliability, suitability or availability with respect to the
website or the information, products, services, or related graphics contained on the website
for any purpose. Any reliance you place on such information is therefore strictly at your own
risk.
In no event will we be liable for any loss or damage including without limitation, indirect or
consequential loss or damage, or any loss or damage whatsoever arising from loss of data or
profits arising out of or in connection with the use of this website.
Through this website you are able to link to other websites which are not under the control of
Red Mile . We have no control over the nature, content and availability of those sites. The
inclusion of any links does not necessarily imply a recommendation or endorse the views
expressed within them.
Every effort is made to keep the website up and running smoothly. However, Red Mile takes
no responsibility for and will not be liable for the website being temporarily unavailable due
to technical issues beyond our control.
1. Definitions For the purpose of these conditions:
1. “ Buyer” means any party to which Red Mile has agreed to supply products
and/or services, whether or not for value.
2. “Contract” means any contract whether or not in writing between Red Mile
and the Buyer for the supply to the Buyer of Products and/or Services, which
shall be deemed to incorporate these conditions.
3. “Dealer” means any Buyer who is purchasing any Products.
4. Default occurs when the buyer:
1. Fails to make any payment to Red Mile on or before the due date or
2. Commits any breach of the terms of the Contract or
3. Enters into any arrangement with any of its creditors or
4. Has a receiver, administrator or liquidator appointed over all or any
part of its undertakings or assets or
5. Ceases to carry on its business or becomes unable to pay its debts or
6. In the reasonable opinion of Red Mile is unlikely to be able to fulfil all
its obligations under the contract.
5. “Order” means an order for Products and/or Services placed by the Buyer
6. “Price” means the total amount payable by the buyer for the relevant Products
and/or Services
7. “Products” means any cleaning products, equipment, accessories or other
Products to be supplied by Red Mile under the contract
8. “Services” means any services to be supplied by Red Mile under the Contract
9. “Ireland” means the Republic of Ireland
The Contract
1. These conditions shall apply to any Contract to the entire exclusion of any standard
terms and conditions specified by the Buyer. Acceptance of the Products or Services
by or on behalf of the Buyer shall be deemed to be full and unconditional acceptance
of these conditions.
2. The contract shall consist solely of the following documents, which shall take priority
in the following order:
1. Red Mile acceptance or acknowledgement of the order
2. The Order but excluding any documents referred to in it and any standard
Conditions of Purchase of the Buyer
3. Any documents referred to in the order to the extent only that these have been
expressly agreed in writing by Red Mile
4. Any special terms and conditions agreed in writing between the buyer and Red
Mile in respect of the Contract an
5. These conditions
3. Where Red Mile accepts the Order by performing the Contract, these conditions shall
apply to the entire exclusion of any conditions of Purchase of the Buyer except for
any terms agreed in writing by Red Mile .
Availability and Changes. Red Mile shall have the right at any time prior to delivery or
collection of the Products to change their specification where, in the opinion of the
manufacturer of the Product, such change constitutes an improvement to the Products, does
not in any way adversely affect the performance of the Products and constitutes proper
performance of the Contract. Any such change shall not affect the price for the Products.
Quotations and Orders
1. Unless otherwise expressly stated on the quotation, a quotation shall only be valid
until close of business on the date of issue.
2. Any order shall be subject to acceptance by Red Mile . All quantities and delivery
terms shall be subject to Red Mile written agreement. Agreement as to quantities shall
in any event be subject to the right of Red Mile to reduce the quantities where it
deems it necessary to do so.
Confidential Information. The Buyer shall keep confidential and shall not disclose to any
third party without Red Mile prior written consent any information (whether of a commercial
or technical nature) acquired from Red Mile in connection with any tender to the Buyer or the
Contract, including without limitation any information concerning the prices at which Red
Mile sells the Products.
Prices
1. All prices shown in Red Mile price lists are subject to alteration without notice. Such
alteration shall not affect any order placed by the Buyer and accepted by Red Mile in
writing prior to the alteration.
2. If the cost to Red Mile of fulfilling any of its obligations under the Contract is
increased by any act or regulation having the force of law, then the price shall be
adjusted to cover such additional costs.
Payment Any consignment or part consignment of the Products or supply of Services
shall, if so directed by Red Mile , be treated as the subject of a separate Contract and shall be
paid for accordingly.
Termination
1. If a Default occurs then Red Mile shall at it’s discretion be entitled
1. To terminate the Contract and/or
2. To terminate any other agreement between Red Mile and the buyer for the
supply of Products and/or Services which have not been completely performed
2. Such Termination shall become effective either (a) when Red Mile gives written
notice to the Buyer to that effect or (b) when Red Mile reclaims the Products under
Condition 14.2. Such notice may be sent by ordinary or recorded delivery post or by
email or fax. Upon such termination:
1. the Buyers obligations to make payments under the Contract or other
agreement shall cease and
2. Red Mile shall be entitled to retain any payment made by the Buyer and
3. Red Mile shall cease to be liable to supply any Products or Services to the
Buyer under the Contract or any such other agreement
Liability
1. Red Mile liability in respect of any defect in the Products or Services whether for
breach of contract, in tort (including without limitation negligence) by way of
indemnity or otherwise howsoever shall be limited to the redelivery free of charge of
repaired or replacement Products to the original point of delivery or the giving of a
suitable allowance to the Buyer.
2. Red Mile shall not in any event be liable whether for breach of contract, in tort
(including without limitation negligence) by way of indemnity or otherwise for:
1. Any loss of revenue, profit, contracts, business or goodwill or any indirect or
financial losses suffered by the Buyer or
2. Any liquidated damages or penalties or for any claims made against the Buyer
by any third party, whether or not Red Mile has been made aware of any such
potential claim prior to or at the date of Contract
3. The aggregate liability of Red Mile under the Contract whether for breach of contract,
in tort (including without limitation negligence) by way of indemnity or otherwise
shall not in any circumstances whatsoever exceed the total amount payable by the
Buyer under the Contract
4. The Buyer shall be fully responsible for ensuring the safe and proper installation and
use of all Products. The Buyer shall ensure that instructions and warnings supplied by
Red Mile shall be drawn to the attention of employees handling the Product and,
where relevant, to the attention of the Buyer’s customers purchasing the Products, or
any product in which the Products are comprised, from Buyer.
Force Majeure – Red Mile shall not in any event be liable to the buyer for damages or
otherwise for any failure to deliver or delay in the delivery of the Products which arises from
any cause beyond Red Mile ’s reasonable control including but not limited to shortages from
Manufacturers, strikes, lockouts, other industrial action, acts of warfare or terrorism or Acts
of God.
Law and Jurisdiction – The Contract shall be governed by and construed in accordance
with the laws of the Republic of Ireland. The Irish Courts shall have exclusive jurisdiction in
respect of any dispute arising out of the Contract. The buyer irrevocably submits to such
jurisdiction.
Returns/Cancellations- 10% restocking cost charge will apply to all returns and cancelled
ordered.
What Vehicles are catered for- This site only caters for vehicles such as Cars, Light
Commercial, Jeep and SUVs.
General
1. Failure by Red Mile to enforce any term of the Contract shall not be deemed to be a
waiver of any of its rights under the Contract.
2. Red Mile shall be entitled to assign or sub-contract all or any of its rights and
obligations under the Contract to a third party. Red Mile shall remain fully liable to
the buyer under the Contract.
3. If any provision of the Contract which is not of a fundamental nature is held to be
illegal or unenforceable, this shall not affect the validity or enforceability of the
remainder of the Contract.
4. No amendment to the Contract shall be valid unless made in writing and signed by an
authorised representative of both the Buyer and Red Mile .
Buyer responsibilities
1. It will be the responsibility of the buyer to make sure all products used correctly and
with no harm or damage to their vehicle.
2. The buyer must make sure all products and accessories are used as per instructions on
all lables Red Mile will be in no way responsible for products used incorrectly.
3. The buyer is responsible for selecting the correct products for their vehicle.
4. Nothing in the contract shall confer on any third party any benefit or the right to
enforce any term of the Contract.