TERMS AND CONDITIONS
1. GENERAL :
These terms and conditions apply, to the exclusion of all other terms and conditions, to our contract for the supply of services or the sale of goods. No other terms and conditions are incorporated than those expressly agreed by us in writing. Save as so varied in writing no variation of these conditions is accepted.These conditions apply not only to the contract or tender presently being completed between the parties but to all other orders or contracts placed with us by or on behalf of the same customer.
2. WARRANTIES :
(A) Goods supplied will be guaranteed for one year from the date of purchase against faulty materials or workmanship. During this period we will repair or replace faulty or defective parts and components free of charge PROVIDED THAT:-
(i) Any damage to newly delivered goods is reported within 3 days of delivery and the goods have been signed for as "Damaged" on the carrier's delivery paperwork.
(ii) If either the goods or any part or components which are faulty or defective are purchased by us from third party suppliers, we will make representations on the customer’s behalf to those suppliers, but any cost or charge incurred in purchasing or repairing any such faulty or defective goods, parts or components will be for the customer’s account.
(iii) We must be notified of any complaint within seven days of it first coming to the customer’s attention and (if required by us) the goods must be returned to us, together with evidence of date of purchase, at the customer’s expense.
(iv) No repairs should be attempted by anyone other than ourselves.
(v) The goods must only be used for the purpose for which we supplied them and in accordance with any operating guidance or instructions.
(vi) In relation to paintwork and corrosion, we can only guarantee that goods will be painted and protected in accordance with good and usual commercial practices at the date of supply.
(B) Our guarantee is offered as an extra benefit and does not affect your statutory rights. It is limited as stated and does not cover any claims for consequential loss or damage.
(C) Except as expressly provided by these terms and conditions (or in the case of death or personal injury caused by our negligence), all warranties, undertakings and conditions, whether implied by statute or otherwise, are hereby excluded.
(D) If customer is of the opinion that equipment supplied is not functioning properly and wishes to take remedial action we have the right to send an engineer to customer’s premises to inspect and make any adjustments or repairs. If on such inspection no defect is found or the adjustment or repair is necessitated by customer’s fault we will charge customer the cost of attendance and any replacement parts.
3. PASSING OF OWNERSHIP :
Neither ownership nor the property in any goods or material shall pass to customer until customer’s account with ourselves has been settled in full. No goods shall be despatched to a customer until full payment has been received, unless otherwise agreed in writing. Further, any goods or equipment belonging to ourselves which are delivered to customer’s site for the purpose of work or service shall at all times remain the property and in the ownership of ourselves. We shall be granted access thereto at all reasonable times by the customer and be entitled to remove the same at any times.
4. RISK :
Goods or equipment delivered to customer shall be and remain at the sole risk of customer and in the event of the same being damaged, destroyed, stolen or lost by any cause, we shall be entitled to full payment thereof and also for any damaged goods or equipment and the cost of replacing materials and reinstating or restoring work. We have the right to require customer to provide evidence that adequate insurance is in force to cover any such loss and in the event of a claim arising under the insurance the policy proceeds shall be held by customer to our order and applied first in payment of any sum due or payable to us in relation to the goods or equipment.
5. WORKS AND SERVICES NOT COVERED BY ORDER :
(A) We do not in the absence of agreement undertake the installation of parts and equipment which will be the customer’s responsibility .We accept no liability for any loss or damage arising from failure to install or connect the equipment properly or to operate it otherwise than in accordance with the instructions.
(B) We can if so requested offer a commissioning service at a price in accordance with our standard rates at the time in force at the date of commission but this is not included within our quotation.
(C) Price does not include any delivery, and that will be quoted if required at the date of delivery.
6. FRUSTRATION AND FORCE MAJEURE :
We shall be relieved of all liabilities incurred under this contract whenever or to the extent that fulfilment of our obligations is prevented frustrated impeded by statute rule regulation order requisition by Government Department Council or other duly authorised agency or authority, strikes, lock-outs, disputes, accidents, fire, excessively inclement weather, flood, tempest, Act of God, civil commotion, war or other causes beyond the reasonable control of ourselves which render the manufacture or delivery of the goods or the performance of the services either impossible or only possible subject to the acceptance by us of unreasonable or unduly onerous obligations. In the event of such matters arising we shall have the right to cancel by notice forthwith the contract whereupon both parties will be released from further performance without any obligation on either party except for payment by the customer for goods or services rendered or delivered at the date of notice.
7. DELIVERY :
Orders are despatched only from Monday to Thursday, each week. Standard stock items are usually delivered on a "Next working day" service, for most UK mainland destinations, and within three to ten days for UK offshore and overseas destinations. For customised products, the date for delivery is approximate only and in accordance with our best bona fide estimate. Every effort will be made to meet such delivery date but no liability will be accepted by us for a financial or other loss or damage, direct or indirect, caused by any delay in delivery.
Our carrier services will not leave goods unless a signature is obtained at time of delivery. It is the responsibility of the customer to ensure someone is present, at their designated delivery address, to receive and sign for the goods ordered.
In the event of a package bearing signs of damage, upon arrival, the customer should refuse to accept it or sign for it as damaged. Failure to do so will negate any claim for compensation.
If goods are delivered damaged or bearing a manufacturing fault, Richter Engineering Company will arrange for their collection. If a customer wishes to return goods for any other reason, it is the customer's responsibility to arrange return carriage.
8. CUSTOMER OBLIGATION :
(A) Customer must be prepared at all times to give us the required instructions regarding the manufacture of goods or despatch or delivery of the same and we will not accept any liability arising from delay or default in letting us have the requisite instructions.
(B) The customer will ensure that adequate power services including electricity for operating the plant are available to us free of charge.
9. ABORTIVE VISITS :
If customer should be in breach of the customer’s obligations under these conditions and in consequence thereof abortive visits to site are undertaken the cost of such abortive journeys will be charged to and paid by customer.
10. PRICING, PAYMENT & REFUNDS :
(i) PRICES : Prices are not subject to cash discount. VAT is added to all prices quoted which are exclusive of VAT.
(II) PAYMENT : Customer acknowledges that prior to placing an order with us he has seen and accepted these terms and conditions, by which we undertake the supply of goods and equipment and the customer agrees to abide strictly thereby.
(iii) REFUNDS : Customer has the right to cancel their order within seven days of receipt of the goods. A full refund will be paid upon receipt of returned goods, suitably packed and in pristine condition. Refunds will be by reverse transaction of customer’s payment method.
11. THIRD PARTY LIABILITY :
If any claim should be made by any person against the customer arising out of or in connection with our goods or services we shall not be liable to customer in respect thereof except in the case of proved negligence or breach of contract on our part causing death or personal injury and except as aforesaid customer shall indemnify us against any such claim costs or liabilities.
12. COMPLIANCE WITH REGULATIONS :
Customer warrants and represents to us that he has complied or will as appropriate comply with all statutes orders regulations by-laws or other lawful requirements of any government local or other lawful authority in regard to the goods or the works and that he has obtained every licence permit or authority which may be required in connection with the same.
13. MISCELLANEOUS :
(A) Customer understands that our business is highly specialised and one of considerable technology. Some or all of the equipment and processes supplied are covered by copyright trade mark registered design patent and other protection. Customer is cautioned against any use of the equipment or services which might breach such protection.
(B) In the event of any payment being overdue we shall have the right in addition and not by the way of substitution for any other rights or remedies to retake possession of the goods forthwith at any time on written notice to customer who shall immediately admit us to his premises for the purpose of taking such possession. (C) The contract shall in all respects be construed and interpreted in accordance with English Law and be justiciable by the Courts of Law in England.
14. DEPOSIT AND PAYMENT OF BALANCE :
(Applicable only when a prior agreement exists). An agreed deposit amount is to be paid on the placing of the order. The balance is payable on delivery. We reserve the right to refuse delivery if payment by means of cash or Bankers Draft is not tendered on delivery. If any sum due or payable to us hereunder is not paid in full and without any set off withholding or deduction on its due date the unpaid balance will bear interest (both before and after judgment) at 4% per annum above the base rate of National Westminster Bank PLC from time to time.
15. NOTIFICATION OF FAULT OR COMPLAINT :
Any fault in the goods or equipment or any complaint must be immediately reported in writing. If not so reported the right is reserved to reject any complaint or fault.
16. CONSEQUENTIAL LOSS :
The company shall not be liable for any consequential or special loss or damage loss of profit or damage to plant or any other expenditure incurred by the Customer by reason of any breach of contract whatsoever save any losses which cannot lawfully be excluded.
17. SEVERANCE :
If any of the above terms are unenforceable the same may be treated as severed and the other provisions
hereof shall continue to have effect.
18. WAIVER :
No express or implied waiver or forbearance granted by either party shall prejudice or diminish
the rights of either party to require strict performance of the terms hereof.
19. PRIVACY :
The company will never disclose or pass on any customer's personal details unless the customer has joined one of our mailing lists or has provided us the information through any form on our website. In that case, the company might use some or all information supplied in some or all of our mailing lists for training and marketing purposes and to send offers from selected partners. The customer can request to be removed from any of our mailing lists by contacting us. Please allow 7 days for the unsubscription process. The company never retains or discloses any customer's debit or credit card details irrespective of whether they are subscribed to our mailing list(s) or not.
20. IN THE EVENT OF A DISPUTE :
Please visit the online dispute resolution website http://ec.europa.eu/consumers/odr/