Terms & Conditions



 In these Terms and Conditions, the following words will have the following meanings:

“Buyer” The person named as such on the Purchase Order to which these Terms apply.
“Contract” The contract between the Seller and the Buyer for the sale and purchase of the Goods subject to the Terms herein.
“Fitting Instructions” The instructions provided by the Seller reflecting to the Roof Box and other apparatus which are set out as a Schedule herein.
“Goods” The goods set out in the Order Purchase which the Seller is to supply in accordance with these Terms.
“Purchase Order” The purchase order referred to herein which forms part of the Contact.



Roof Box Systems Ltd


The Terms and Conditions herein

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


 2.1    The Seller shall sell and the Buyer shall purchase the Goods, subject to these Terms, which shall govern the Purchase Order to the exclusion of any other terms subject to which an order is purported to be made, by the Buyer and the Buyer agrees to comply with the Fitting Instructions.

2.2    No variation to these Terms shall be binding unless agreed in writing between the Seller and Buyer.

2.3    Time for supply of the Goods are estimates only and time will not be of the essence for the supply of Goods and shall not be made of the essence by notice.

2.4    The Seller’s employees or agents 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 representations which are not set out in these Terms, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation. The Buyer also acknowledges that the Goods are being purchased for use in the Buyer’s business and as such the Contract is a business to business transaction and the Buyer is not purchasing the Goods as a consumer within the meaning of the Consumer legislation and regulations.

2.5    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.


3.1    The Buyer shall only purchase the Goods in accordance with the Purchase Order.

3.2    The Buyer shall be responsible to the Seller for ensuring the accuracy of its completion of the Purchase Order.

3.3    No Purchase 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 the Terms hereof.


4.1    The price of the Goods shall be the price on the Purchase Order.

4.2    All prices are given by the Seller on an ex-works basis.

4.3    All prices are exclusive of any applicable value added tax, which the Buyer shall additionally be liable to pay to the Seller.


5.1    The Buyer shall pay the price of the Goods (less any discount to which the Buyer is entitled, but without any other deduction) on or before the agreed date for collection of the Goods. Receipts for payment will be issued only on request.


6.1    The Goods shall be supplied by the Seller to the Buyer who shall collect the Goods from the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection, or by delivery to the Buyer as agreed upon with prior payment of all the Seller’s costs (without deduction or set off whatsoever) of delivering the Goods.

6.2    The Buyer will, as applicable, collect the Goods within 7 days of the Seller giving it notice that the Goods are ready for collection, or take delivery of the Goods at the time agreed.

6.3    The Goods may be delivered by the Seller in advance of any quoted delivery date on giving reasonable notice to the Buyer.

6.4    If the Buyer fails to collect the Goods at the time sated for collection or fails to receive the Goods 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 limiting any other right or remedy available to the Seller, the Seller may:

6.4.1      Store the Goods until actual delivery or collection and charge the Buyer for the reasonable costs (including insurance) of storage; or

6.4.2      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 of the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.


7.1    Risk of damage to or loss of the Goods shall pass to the Buyer at the time of collection or delivery, as applicable.

7.2    Ownership of the Goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of the Goods.

7.3    Until such time as ownership of 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. Until such time as ownership of the Goods passes to the Buyer, the Seller may at any time require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, the Seller may enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

7.4    The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.


8.1    The Seller warrants that the Goods, at the time of collection or delivery (as applicable), shall be free from defects in workmanship and materials.

8.2    Subject to as expressly provided in these Terms, all warranties, conditions or other terms implied by statute, custom or common law are excluded to the fullest extent permitted by law.

8.3    The above warranty is given by the Seller subject to the following conditions:

8.3.1      The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Fitting Instructions, misuse (including overloading) or alteration or repair of the Goods without the Seller’s written approval;

8.3.2      The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.

8.4    A claim by the Buyer which is based on any defect in the quality or condition of the Goods (whether or not delivery is refused by the Buyer) shall be notified to the Seller within 7 days from the date of delivery or collection as applicable, or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery of the defect or failure, and in any event no later than one month from the date of delivery or collection, as applicable.

8.5    Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods is notified to the Seller in accordance with these Terms, the Seller may replace the Goods free of charge or, at the Seller’s sole discretion, refund to the Buyer the price paid by the Buyer to the Seller for the Goods, in which case the Seller shall have no further liability to the Buyer.

8.6    The Seller will refund to the Buyer the cost of carriage on the return of any such defective or damaged Goods to which Condition 8.5 or 8.8 applies, and will deliver any replacement Goods to the Buyer at the Seller’s own expense. Any Goods which have been replaced will belong to the Seller.

8.7    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, any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, 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 (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) 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 Terms.

8.8    If the Seller undertakes a product recall in respect of the Goods for whatever reason, the Buyer agrees to provide all assistance to the Seller as the Seller may reasonably require to effect a recall.

8.9    The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control, which shall include without limitation; explosion, import or export regulations or embargoes, industrial actions or disputes, difficulties in obtaining raw materials, power failure or breakdown in machinery.


9.1    The Buyer will not, by virtue of the Contract or otherwise, obtain or claim any right, title or interest in or any intellectual property rights in the Goods.


10.1  The Seller may by notice in writing terminate the Contract at any time and with immediate effect and subject to 6.4 the Seller shall refund any sums paid by the Buyer in respect of Goods not collected by or delivered to the Buyer at the time of termination.

10.2  Either party (the “non-Defaulting Party”) may by notice in writing served on the other (the “Defaulting Party”) terminate the Contract forthwith if the Defaulting Party:

10.2.1    Is in material breach of any of these Terms and, where the breach is capable of remedy, the Defaulting Party fails to remedy such breach within 14 days of service of a written notice from the Non-Defaulting Party, specifying the breach and requiring it to be remedied;

10.2.2    Makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);

10.2.3    Has any distraint, execution or other process levied or enforced on it or has a receiver appointed over any of its property;

10.2.4    Ceases or threatens to cease to trade;

10.2.5    The equivalent of any of the above occurs to the Defaulting Party under the jurisdiction to which the Defaulting Party is subject, or the Non-Defaulting Party reasonably anticipates that one of the above set of circumstances is about to occur and notifies the Defaulting Party accordingly.

10.3  The termination of the Contract howsoever arising is without prejudice to the rights, duties and liabilities of either the Buyer or the Seller accrued prior to termination and the conditions which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.

10.4  The Seller will be entitled to suspend any supply of the Goods due to occur following service of a notice specifying a breach under Condition 10.2, until either the breach is remedied or the Contract terminates, whichever occurs first


11.1  Any sum payable by the Buyer to the Seller pursuant to these Terms shall be paid free and clear of all deductions or withholdings whatsoever, save only as may be required by any applicable law.

11.2  If the Buyer is required, pursuant to any applicable present or future law, rule or regulation of any competent governmental or other administrative body, to make any deduction or withholding from any amount or amounts payable to the Seller pursuant to this Agreement, the Buyer shall:

11.2.1    Pay to the Seller an additional amount as will, after the deduction or withholding has been made, leave the Seller with the same amount as it would have been entitled to receive in the absence of any such requirement to make a deduction or withholding;

11.2.2    Promptly pay to the relevant authority within the period permitted by law the amount of such withholding or deduction; and

11.2.3    Provide the Seller with written evidence (including certification where appropriate) that it has made the payment to the relevant tax authority.


12.1  Time for performance of all obligations of the Buyer under these Terms is of the essence. Time for performance of all obligations of the Seller under the Contract is not and may not be made by notice of the essence.

12.2  No failure or delay by the Seller to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.

12.3  The Seller may assign, delegate, license, hold on trust or sub-contract all or any part of its rights or obligations under the Contract.

12.4  The Contract is personal to the Buyer who may not assign, delegate, license, hold on trust or sub-contract all or any of its rights or obligations under the Contract without the Seller’s prior written consent.

12.5  The parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights to Third Parties) Act 1999 by any person not a party to it.

12.6  The Contract contains all the terms which the Seller and the Buyer have agreed in relation to the Goods and supersedes any prior written or oral agreements, representations or understandings between the parties relating to such Goods. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract.

12.7  If any condition or part of the Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Contract and will be ineffective without, as far as possible, modifying any other provision or part of the Contract and this will not affect any other provisions of the Contract which will remain in full force and effect.

12.8  A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at that relevant time have been notified pursuant to this provision to the party giving the notice.


Fitting Instructions

  1. The Seller recommends the use of the Seller’s U bolt fitting kit for fixing the Roof Box to the vehicle and the Seller accepts no liability whatsoever for any accident and damages howsoever caused by failure to use the U bolt fitting kit and /or failure to comply with these fitting instructions. Further the Seller accepts no liability whatsoever for any accident and damages howsoever caused due to alteration of any part of the Roof Box and /or its fitting arrangements
  2. Due consideration be given to the change in height and drive behaviour (allowing for wind sensitivity, cornering and braking behaviour) of your vehicle when the Roof Box is fitted and, especially when loaded.
  3. The Seller recommends that at regular intervals before and during each journey that the Roof Box is checked and firmly fixed to the roof bars, the load is adequately secure and the separate compartments of the Roof box are locked with the keys removed with the safety bar engaged as inadequately secured loads and incorrectly mounted roof bars and Roof Box can come loose during a journey and may cause a serious accident.
  4. The total permissible laden weight of your vehicle may not be exceeded.  The instructions of the motor vehicle manufacturer in respect of the maximum roof weight must be observed and reference should be made to the manufacturer’s instructions.
  5. The vehicle should be driven in a suitable manner to the load to be transported, and taking into account all prevailing conditions such as the state of the road, the surface of the road, traffic conditions, wind, etc. and the speed of the vehicle should be within the relevant highway speed limits.
  6. Please note the following when using the Roof Box:
  • Be aware of your vehicle height with the Roof Box mounted, be aware of low structures including bridges branches etc.
  • Do not take the vehicle with the fitted Roof Box and or bars through a car wash as this may damage the vehicle and car wash.
  • The Roof Box should be fitted parallel to the line of the road and not at an angle (to avoid generating additional lifting forces).
  • For safety reasons only use approved roof bars and fixings suitable to your vehicle when fitting the Roof Box and when attaching a ladder or other apparatus to the top of the Roof Box.
  • Use the vehicle’s maximum fitting capacity when fitting the Roof Box and when attaching a ladder or other apparatus to the top of the Roof Box.