1. DEFINITIONS.
“Company” means RE Field Services Ltd. (Company No. 05213578) whose registered office is at Pinfold Works Ripon Street Sheffield South Yorkshire S9 3LX, 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 £1000 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 expresslyprovided 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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