1. DEFINITIONS.
"Company" means RE Field Services Ltd. (Company No. 05213578)
whose registered office is at 33 White House View,
Barnby Dun, Doncaster, South Yorkshire, DN3 1RX, UK.
"Contract" means the contract for the sale of goods and/or
the provision of services.
"Customer" means the person or business who accepts a
quotation of the Company for the sale of goods and/or
the provision of services OR whose order for the goods
or services is accepted by the Company.
"Customer's Equipment" means the Goods owned by the Customer
in relation to which the Company is to supply the services
in accordance to this Contract.
"Goods" means the Goods (including any instalment of the
Goods or any parts of them) which the Company is to
supply to the Customer under the Contract.
"Services" means the services which the Company is to
provide for the Customer in accordance with this Contract.
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2. TERMS OF CONTRACT.
Any contract entered into by the Company shall be subject
to these Conditions of Sale, without variation, unless
confirmed in writing to the Customer by the Company.
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3. PRICES.
The price pertaining to the Contract shall be that on
the quotation to the Customer or where no price has been
quoted, the price in the Company's published Price List
at the date of acceptance of the order.
All prices are quoted as ex-works (UK) or FOB UK port
(Overseas) and exclude special packaging, insurance's,
taxes and duties.
All prices quoted to the Customer are valid for 30 days
from the date of submission unless otherwise specified.
The Company reserves the right to withdraw or amend any
quotation at any time prior to acceptance.
All installation, erection, training, site visits and
carriage charges are excluded unless specifically mentioned
in the Company's quotation to the Customer.
All additional work required to be carried out to fulfil
the Contract, not covered by the quotation, shall be subject
to extra charge.
The charge for attending any UK or European Customer site
is £500 per day or part, per person, plus travelling,
hotel and incidental expenses at cost + 15% unless
otherwise specifically mentioned in the Company's quotation
to the Customer.
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4. PAYMENT TERMS.
Credit terms shall only be extended by agreement with
the Company, otherwise payment in full is required under
the Contract prior to despatch. All credit accounts are
on a strictly nett 30 days account basis.
Any Contract where Goods have to be manufactured to order,
35% deposit against the full contract value shall be payable
on acknowledgement of order.
The Company will also accept payment in full by Confirmed
and Irrevocable Letter of Credit established on any UK
Clearing Bank with 30% deposit payable on establishment,
with the balance at Sight against shipping documents.
If the Customer fails to make any payment by the due date
then, without prejudice to any other right or remedy available
to the Company, the Company shall be entitled to:
a) Cancel the Contract or suspend any further deliveries
to the Customer;
b) appropriate any payment made by the Customer to such
of the Goods (or the Goods supplied under any other contract
between the Customer and the Company) as the Company may
see fit (notwithstanding any purported appropriation by
the Customer); and
c) charge the Customer interest (both before and after
any judgement) on the amount unpaid, at the rate of 6%
per annum above HSBC Bank PLC base rate from time to time
until payment is made in full.
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5. GUARANTEE.
The Company will repair free of charge, or at their option,
supply a replacement, for any Goods which shall, within
12 months (6 months for electronic components) of despatch
be found to be defective by reason of faulty materials
and/or workmanship other than tools and normal wearing
parts provided that:
a) the Goods have been used and maintained in accordance
with published specifications;
b) if the Goods are reconditioned Customer Equipment,
90 days applies,
c) the Goods have not been misused or in any way interfered
with since delivery (and/or installation by the Company);
d) the Customer shall, within 14 days of discovery of
the alleged defect notify the Company in writing, and
e) such parts will be supplied ex-works and exclusive
of any labour and fitting charges.
Subject as expressly provided in these Conditions, and
except where the Goods are sold or the Services provided
to a person dealing as a consumer (within the meaning of
the Unfair Contract Terms Act 1977), all warranties, conditions
or other terms implied by statute or common law are excluded
to the fullest extent permitted by law.
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6. LIABILITY.
Except in respect of death or personal injury caused by
the Company's negligence, the Company shall not be liable
to the Customer by reason of any representation (unless
fraudulent), or any implied warranty, condition or other
term (or any duty of common law) or under the express terms
of the Contract, for any indirect, special or consequential
loss or damage (whether for loss of profit or otherwise),
costs, expenses or other claims for compensation whatsoever
(whether caused by negligence of the Company, its employees
or agents or otherwise) which arise out of or in connection
with the supply of the Goods or their use or resale by
the Customer or the provision of the Services, and the
entire liability of the Company under or in connection
with the Contract shall not exceed the price of the Goods
or Services, except as expressly provided in these Conditions.
Any war, strike, lockout, labour disturbance, anomalous
working condition, flood, fire, accident, delay en route,
policy or restriction of any Government including restriction
of export/import or other anomalous working condition,
flood, fire, accident, delay en route, policy or restriction
of any Government including restriction of export/import
or other licences, act of God or any other contingency
whatsoever beyond the Company's control, shall be sufficient
excuse for any delay or non fulfilment of the Contract.
The Customer warrants that insofar as this Contract relates
in whole or in part to the repair or servicing of the Customer's
Equipment that the Customer's Equipment is owned by the
Customer.
The Customer's Equipment delivered to the Company for
repair or servicing shall be at the sole risk of the Customer
and the Company shall be under no obligation to the Customer
for any loss or damage to the Customer's Equipment however
or whatsoever caused.
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7. APPROVAL OF GOODS.
Any free-issue Customer Equipment or materials required
to execute the Contract must be made available at an appropriate
time to allow the Company to achieve delivery dates.
All Goods will be made available for inspection and/or
testing at the Company's works before despatch, and the
Company will not be liable for any costs or delivery delays
incurred by the Customer in approving the Goods.
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8. SPECIFICATIONS AND PERFORMANCE.
Descriptive matter, illustrations, estimate of performance,
dimensions and weights, contained in documents issued by
the Company are to be regarded as being for guidance only
and are not binding on the Company in any way unless specifically
stated in the quotation. The Company's policy is one of
continuous product improvement and the right to change
specifications at any time without notice is reserved.
In the event that the Contract relates in whole or in
part to the repair or servicing of the Customer's Equipment,
the Customer is deemed to have warranted to the Company
that the repair or servicing is capable of being carried
out. If on inspection of the Customer's Equipment, in the
opinion of the Company, this is not the case, the Company
will so advise the Customer, and the Company will have
no liability for any loss or damage suffered by the Customer
from such repair or servicing not being carried out and
the Customer will pay the Company reasonable inspection
charges.
If the Customer gives a general instruction for repairs
or servicing in relation to the Customer's Equipment, the
Company shall be entitled to carry out such repairs or
servicing as are, in the Company's opinion, necessary to
put the Customer's Equipment in good and safe working order.
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9. RETENTION OF TITLE.
Risk of damage to or loss of all Goods supplied by the
Company shall pass to the Customer upon delivery. Notwithstanding
delivery and the passing of risk in the Goods, the property
in the Goods shall not pass to the Customer until the Company
has received payment in full. Until such time, the Customer
may use or hold the Goods as the Company's fiduciary agent
and bailee and shall keep the equipment in good condition,
properly operated, maintained and insured. Until payment
is received in full, the Company shall retain title to
the Goods, be entitled to repossess the equipment and retains
the express right of entry on the Customer's premises at
any time to seize the Goods.
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10. DELIVERY.
If the Customer fails to take delivery of the Goods or
fails to give the Company adequate delivery instructions
at the time stated for delivery then, without prejudice
to any other right or remedy available to the Company,
the Company may:
a) store the Goods until actual delivery and charge the
Customer for the reasonable costs (including insurance)
of storage; or
b) sell the Goods at the best price readily obtainable
and (after deducting all reasonable storage and selling
expenses) account to the Customer for the excess over the
Price under the Contract or charge the Customer for any
shortfall below the Price under the Contract; and
c) in the event of the Company being unable to sell the
Goods, to charge the Customer the full price, together
with interest thereon from the due date, in accordance
with the quotation.
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11. CANCELLATION OF ORDER.
Orders cancelled by the Customer after acceptance will
be subject to a cancellation charge of 20%, or the proportional
value of the contract work in progress at selling value
at the time of cancellation, whichever is the higher.
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12. INSOLVENCY OF CUSTOMER.
This Clause applies if:
a) the Customer makes any voluntary arrangement with its
creditors or (being an individual or firm) becomes bankrupt
or
b) (being a company) becomes subject to an administration
order or goes into liquidation (otherwise than for the
purpose of amalgamation or reconstruction); or
c) an encumbrancer takes possession, or a receiver is
appointed, of any of the property or assets of the Customer;
or
d) the Customer ceases, or threatens to cease, to carry
on business; or
e) the Company reasonably apprehends that any of the aforementioned
events are about to occur in relation to the Customer and
notifies the Customer accordingly.
If this Clause applies then, without prejudice to any
other right or remedy available to the Company, the Company
shall be entitled to cancel the Contract or suspend any
further deliveries under the Contract without any liability
to the Customer, and if the Goods or the Customer's Equipment
have been delivered but not paid for the Price shall become
immediately due and payable not withstanding any previous
agreement or arrangement to the contrary and not overriding
the rights of the Company under Clause 9 to repossess the
Goods.
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13. LAW & JURISDICTION.
This Contract shall be governed by and construed in accordance
with English Law and the Customer irrevocably submits to
the non-exclusive jurisdiction of the English Court.
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14. HEALTH & SAFETY
The customer shall ensure all appropriate safety information
relating to products which are supplied for repair or upon
which work has been commissioned is made clearly available
to RE Field Service Directors, Managers and employees.
Where products are found to contain dangerous substances
such as asbestos, CFC's, PCB's or Halons, RE Field Services
reserve the right to refuse to carry out further work and
customers will be charged accordingly for additional costs.
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Website Disclaimer & Privacy
Policy
General Use
RE Field Services Ltd. (hereinafter referred to as REFS)
does not represent or endorse the accuracy or reliability
of any of the information or content (collectively, the
'Materials') contained on, distributed through, or linked,
downloaded or accessed from any of the services contained
on this web site (the 'Service'), nor the quality of any
information or other materials displayed, or obtained by
you as a result of information in or in connection with
the Service (the 'Products'). You hereby acknowledge that
any reliance upon any Materials shall be at your sole risk.
REFS reserve the right, in its sole discretion and without
any obligation, to make improvements to, or correct any
error or omission in any portion of the Service or the
Materials.
The Service and the Materials are provided by REFS on
an 'as is' basis, and REFS expressly disclaims any and
all warranties, expressed or implied - including, without
limitation, warranties of merchantability and fitness for
a particular purpose, with respect to the Service or any
Materials or Products. In no event shall REFS be liable
for any direct, indirect, incidental, punitive or consequential
damages - of any kind whatsoever - with respect to the
service, the materials and the products.
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Privacy
REFS respects the privacy of all users who visit
each page within this website, and ensure any personal
information is handled in a safe and responsible manner.
It is dealt with lawfully and in accordance with regulations
defined in the Data Protection Act 1998. It will not be
sold or provided to any third party organisation. REFS
may ask for the following information about you and your
organisation: first and last name, company name, email
address, home address, contact details, and web site address.
The policies are in effect for all of the web pages owned
and operated by REFS and are in place to demonstrate our
firm commitment to your privacy.
When a visitor requests pages at any REFS site, our web servers automatically
recognize the browser's domain name and IP address as most web sites do. This
information is collected for statistical and diagnostic purposes only.
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No Spam
REFS maintains a strict "no-spam" policy.
Your email address, home address, web site address or mailing
address will not be sold or rented to a third party.
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Linking to third party sites
In linking to third party sites, REFS makes no representations
whatsoever about any other website which you may access
through this one. When you access a non-REFS website, please
understand that it is independent from REFS, and that REFS
has no control over the content on that web site. In addition,
a link to a non-REFS web site does not mean that REFS endorses
or accepts any responsibility for the content, or the use,
of such web site. It is up to you to take precautions to
ensure that whatever you select for your use is free of
such items as computer viruses, worms, Trojan horses and
other items of a destructive nature.
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Linking to REFS network or other 'REFS.co.uk' domain websites
REFS appreciates appropriate links in your own web pages
to REFS network or other 'REFS.co.uk' domain websites.
Permission is expressly granted to any person who wishes
to place a link in his or her own page to the REFS network
or other 'REFS.co.uk' domain websites' home pages only.
As a courtesy, if you link to, or include, REFS network
or other 'REFS.co.uk' domain websites in an index, please
let us know. However you must obtain special permission
before placing a link in your own page to a portion of
a REFS web page e.g. a graphic.
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Links to third party organisations and associated third
party services
The REFS web site may direct users towards third party
organisations and their services. Please note: REFS cannot
accept responsibility for these organisations' policies,
service descriptions and service delivery. Businesses, groups
and individuals approaching these third parties should make
themselves fully aware of - and be prepared to comply
with - these third party organisations' rules, terms and
conditions.
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Limitations of liability
In no event, will REFS be liable to any party for any
direct, indirect, special or other consequential damages
for any use of this website, or on any other hyper-linked
web site, including - without limitation - any lost profits,
business interruption, loss of programs or other data on
your information-handling system or otherwise, even if
we are expressly advised of the possibility of such damages.
REFS respects the rights (including the intellectual property
rights) of others, and we ask our users to do the same.
REFS may, in appropriate circumstances and at its sole
discretion, terminate the accounts of users who infringe
or otherwise violate such rights of others.
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Copyright notice
Copyright of all content belongs to REFS. All rights reserved.
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Trademarks
Logos are all trademarks of REFS. Other product and company
names mentioned herein may be the trademarks of their respective
owners.
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