Terms & Conditions
Export Terms and Conditions of Sale for The Ronfell Group (TRG) & Subsidiary Companies
Definitions.
Goods - All articles sold to the Buyer, including replacements for defective Goods, hardware documentation, and also software products licensed for use by the Buyer. The Contract between the Buyer and TRG for the Sale of Goods.
Acknowledgement.
All orders will be accepted by TRG subject to and in accordance with the following terms and conditions of sale which shall be deemed to be incorporated into a Contract for the sale of TRG's Goods. By the placement of an order (by whatever means) the Buyer will be deemed to have acknowledged and accepted the said terms and conditions and will be bound by them. TRG will not accept any purported version to the said terms and conditions that may be included in any written document (including any order form) from the Buyer, except by prior written agreement.
Prices.
Prices charged are those prevailing at the time of despatch. Prices quoted in any TRG publication are current at the time of printing. TRG reserves the right to amend prices at any time without prior notice.
VAT.
Any supply of Goods to a UK address will incur VAT at the current rate even if the Goods are for subsequent export. Upon receipt of proof which conforms to Customs/Excise Notice 703 that the Goods have been exported, a credit note to the full value of VAT will be issued. For shipments to another EC member state, VAT will not be charged, providing an EC VAT number is supplied by the consignee of the Goods at the time oof ordering. The supply of Goods to a non EC member state will be zero rated for VAT purposes in accordance with Customs/Excise Notice 703.
Settlement Terms.
(a) All payments are due nett monthly. (b) An interest charge of 2% per month will be imposed on invoices still outstanding after 60 days with a minimum charge of £1.00 Sterling. (c) TRG reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Buyer. (d) If legal action is taken to recover monies due to TRG, then TRG reserves the right to charge the Buyer an administration charge. (e) Payment can be made by:- (i) Sterling Draft or Cheque with order, drawn on a bank in the UK. (ii) Net interbank transfer, TRG bank details are available upon request. (iii) Mastercard / Access / Visa credit cards. (iv) Letter of Credit - contact the TRG Export Department for further details. (v) Net monthly account terms, after acceptance of two suitable trade references and Bank reference. Please note that we will not accept any Bank charges or commissions on transactions. All documentary credits must clearly be marked that all such charges or commissions are for the account of the customer.
New Accounts.
A Buyer wishing to open a credit account must furnish one bank and two trade references. TRG reserves the right in its absolute discretion to grant, refuse or discontinue any credit facilities at any time.
Change of Address.
TRG must be notified of any change of address in writing, which must be sent by recorded delivery. The Buyer will be responsible for any and all costs and expenses resulting from the failure to notify.
Orders.
Written confirmation of telephone orders must be clearly marked as such. Failing such confirmation, TRG will not be held responsible for the duplication of an order. TRG reserves the right to refuse any order at any time. No order may be cancelled without the previous written agreement of TRG.
General Descriptive.
(a) All specifications, drawings and particulars of weights, dimensions, capacity and other details contained in this catalogue are intended to give a general idea of TRG's products but will not form part of the Contract. (b) If the description of any Goods not of TRG's manufacture in any correspondence, leaflet, invoice or this catalogue varies from that of the manufacturer's description, the manufacturer's description will be deemed to be the correct description and shall take precedence over the TRG's description. The manufacturer's description is available from TRG on request. (c) TRG shall take all reasonable steps to ensure the accuracy of technical details relating to the Goods in the catalogue but TRG accepts no liability in contract or tort or under statute or otherwise for any damages or injury arising directly or indirectly from any error or omission in such technical detail whether caused by TRG's negligence or otherwise.
Performance.
(a) Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by TRG in writing, TRG shall be under no liability whatsoever for any failure to attain such figures whether attributable to TRG's negligence or otherwise. (b) The responsibility for ensuring that Goods are sufficient and suitable for the Buyer's requirements is the Buyer's sole responsibility save insofar as TRG has specifically advised the Buyer in writing that the Goods are sufficient and suitable for the Buyer's purposes, having been fully and accurately advised by the Buyer of the Buyer's requirements.
Quality Assurance.
All Goods detailed in this catalogue have been processed in strict accordance with standard quality procedures to BS EN ISO 9002 : 1994. All products are stocked in accordance with BS EN ISO 9002 : 1994, in full accordance with the requirements of that standard. Goods supplied from non Quality Assured sources, indicated on the Despatch Documentation, can be identified by our Sales Office and will be advised, upon request, at the time of placement of order.
Guarantee.
(a) Not all Goods supplied by TRG are supplied with a manufacturer's or TRG guarantee. (b) The guarantees that are supplied vary in duration.It is the Buyer's responsibility to check at the time of purchase whether TRG's guarantee is applicable, and if so, its duration. Where Goods are covered by TRG's guarantee, the following applies: Any defects which under proper use appear in the Goods within a period of twelve months (or unless otherwise stated) after delivery and which are due to faulty materials, workmanship or design will be made goods by TRG either by repair, or at TRG's option, by replacement, provided the Goods are returned in accordance with the "Returns" clause below. TRG's guarantee is provided by TRG and accepted by the Buyer in substitution for all express or implied representations conditions or warranties, statutory or otherwise, as to the state satisfactory quality fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship and all such representations, conditions and warranties are hereby excluded. (d) Where Goods are covered by a manufacturer's guarantee, then TRG's liability to repair or replace those Goods ends at the end of the period of the guarantee provided by the manufacturer. (e) TRG's sole obligation and the Buyer's sole remedy under this provision is limited to the reasonable cost of repair or replacement of the Goods supplied.
Country of Origin.
Products listed in this catalogue may originate from a non EC source. Unless otherwise confirmed by TRG in writing, nothing in this document is to be taken as representation of the source of origin of manufacture of production of the Goods or any part thereof.
Personal Collection.
A Buyer wishing to collect Goods from the Trade Counter must do so within 2 working days of arranging the collection. If the Goods are not collected within the said period, TRG will charge the Buyer a restocking fee.
Returns.
(a) No order may be cancelled without the previous written agreement of TRG. Without such written agreement, TRG will not accept the return of any Goods incorrectly ordered or no longer required. If cancellation is accepted by TRG, then the Buyer must obtain a cancellation number from TRG. If the Buyer does not obtain a cancellation number, then TRG will charge a restocking fee representing 30% of the value of the Goods. (b) TRG will only accept returns under guarantee if they are accompanied by a document in writing stating the date of purchase and original invoice number.
(c) Returns made of Goods not under guarantee will not be accepted for credit without a returns authorisation number.
(d) Exchange units will be invoiced at the "buy" price and a credit for the difference between the "buy" price and the "exchange" price will be raised, subject to receipt of the faulty item by TRG no later than four weeks after the date of the original sales invoice, the number of which must be quoted.
(e) TRG will not accept responsibility for Goods which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. TRG's opinion on this is final.
(f) The Buyer will be responsible for ensuring that all returns are delivered to TRG and for providing proof of delivery of such return. If proof of delivery is not provided, then no credit will be given by TRG.
(g) Without prejudice to "Returns" (a) -(f), TRG reserves the right to replace, repair or refund payment in respect of all Goods returned at its absolute discretion.
Delivery Schedules.
(a) Delivery will take place to the address specified by the Buyer, all costs are to the Buyers account. TRG may make deliveries by any method of transport available to TRG or as specified by the buyer.
(b) TRG reserves the right to deliver the Goods by instalments.
(c) A price will be charged at the rate applicable to the total quantity of Goods ordered.
(d) Deliveries by instalment can only be accepted for a maximum period of twelve months from the date of order.
Delivery.
TRG will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment under the Contract in accordance with "Delivery Schedules" clause (d) shall not prejudice TRG's right to make further deliveries by instalment under that Contract.
Delivery, Insurance and Importation Costs.
(a) All prices for export are quoted on an ex-works basis. A forwarding charge will therefore be added to your order automatically at the time of shipment. A Carriage Insurance & Freight (C.I.F.) cost is available on request from the TRG Export Department.
(b) The customer is responsible for all duties, imports, levies and outlays levied by any authorities in connection with Goods and will indemnify TRG against any fines, expenses or losses incurred by TRG in connection therewith. Obtaining any necessary import licenses is the responsibility of the customer.
Shortages or Damage in Transit & Non-Delivery.
TRG will not consider any claim for shortage of delivery or damage in transit unless written notice is given to the carrier and TRG within three days of the receipt of the Goods. No claim in respect of non-delivery of Goods will be considered unless written notification is given to TRG within five days from receipt of a statement in respect of the Goods. In this condition, time shall be deemed to be of the essence.
Export Regulations.
(a)The Buyer is responsible at the Buyer's own expense for obtaining any license and complying with any export regulations in force within the United Kingdom and in the country for which the Goods are destined.
(b) Certain Products are subject to Export Control Publications and TRG reserves the right at its absolute discretion not to supply certain customers or countries, or to enquire of a customer full details of the end use of the Goods.
(c) US Export Control Regulations - The Seller shall in no circumstances be liable for any damage, loss or claim however occasioned by an act or omission on the part of the Purchaser in contravention of any regulations issued by the United States Government concerning the export of Goods, services or technology. Any Goods supplied by the Seller whose export from the United Kingdom is restricted by any aforementioned regulations shall not be exported by the Purchaser without the prior approval of relevant authorities concerned with the administration of such regulations.
Manuals.
All manuals from TRG are supplied in a sealed package. The contents of the package are clearly visible and accordingly TRG will not accept the return of any manuals if the seal has been broken.
Promotion.
TRG may from time to time send the Buyer material or literature, in whatever form, promoting or advertising the sale of its Goods, or otherwise, which may be sent or communicated by post, facsimile or electronic transmission or by which other means as TRG sees fit and at TRG's discretion. The Buyer acknowledges and accepts the right of TRG to do so. TRG's usual terms and conditions apply to all Goods and services featured in promotional material.
Ownership.
The risk in the Goods supplied by TRG will pass to the Buyer when the Goods are loaded onto the delivery vehicles at its premises. However, the title to the Goods will not pass to the Buyer until payment in full of all sums due from the Buyer to TRG has been made. If payment (whether in full or part) is not made by the due date, in accordance with "Settlement Terms" clause (a)-(e) or the Buyer is wound up or a receiver appointed over any assets or the undertaking of the Buyer or an execution or distress be levied against the Buyer, TRG will be entitled without prior notice to the Buyer or any liquidator or receiver to retake possession of the Goods (and for that purpose to enter upon any premises occupied or owned by the Buyer).
Liability.
TRG will make reasonable endeavours to ensure that all information contained in any TRG publication is correct. TRG reserves the right to amend any information contained in any publication without prior notice and does not accept any liability for any loss arising from any error or omission in any such publication. The Buyer will be responsible for ensuring the correct codes are supplied and that the Goods ordered are fit for the purpose for which they are ordered. Subject as expressly provided in these conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) and except for any liability which TRG may incur for death or personal injury resulting from negligence or under Part 1 of the Consumer Protection Act 1987, TRG shall not be liable in any way whatsoever whether in contract, in tort, in misrepresentation or under statute or common law, or otherwise for any consequential or other loss, damage or injury however caused and whether caused by TRG's negligence which may arise out of or in connection with the supply of Goods to theBuyer, other than to supply Goods conforming to the original agreed specification or at TRG's option to refund any monies already paid in respect of the Goods.
Force Majeure.
TRG shall not be liable in any respect whatsoever for any delay in the performance of, or the failure to perform, any obligation pursuant to any order or Contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or Contract for 60 days or more, TRG shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.
Cancellation.
If the Buyer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Buyer fails to make payment for Goods when due, in accordance with "Settlement Terms" clause (a) to (e), TRG will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between TRG and the Buyer.
Copyright (All Rights Reserved).
TRG has taken all reasonable steps in the course of its business to ensure that the Goods do not infringe any patent, design, trademark, copyright or any other rights of third parties but no guarantee in this respect is given, and TRG shall have no liability whatsoever in the event of any such infringement howsoever arising. TRG own full copyright in respect of this catalogue or literature. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without TRG's prior written consent.
Software.
Notwithstanding any other term of these conditions of sale, title in any software program which forms a part of the Goods, is reserved by TRG and will not pass to the Buyer. The Buyer may be charged a royalty for the use of such software program. Such software program will only be used in he Goods and will not be copied or altered or otherwise modified by the Buyer. Software programs are supplied on the strict understanding that TRG does not warrant their functions to be free from defects or errors.
Legal Construction.
All Contracts between TRG and the Buyer shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.
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