All quotations are made and orders accepted subject to the following express terms and conditions and no alterations (including in particular any terms or conditions of Buyers contract of order form) shall apply unless specifically agreed in writing by a partner. In the absence of written acceptance of these terms, the giving of any instruction for work or delivery or acceptance of or payments for any of the articles covered hereby shall constitute an acceptance of these terms and conditions.
- All price lists are subject to alteration without notice.
- All price quotations and delivery periods are subject to confirmation before acceptance of order, and unless otherwise stated in the quotation, may be withdrawn without notice at any time prior to acceptance of order.
- The seller shall be entitled to recover from the buyer by way of addition to the contract price such amount(s) which the seller may become required to pay in respect of Value Added Tax in relation to goods or services supplied in the contract V.A.T. Number 350 0194 96.
- Offers of delivery ex stock are made subject to goods remaining unsold at the time of receipt of order.
- The right is reserved by the Company to correct typographical and clerical errors.
- All prices are strictly nett unless otherwise specified. The Company reserves the right to charge prices ruling at the time of delivery. Where goods are sold duty paid, any increase of duty subsequent to the date of the contract is for the account of the Buyers.
- Where goods are sold in currency other than British Sterling the respective prices are determined at the parity rates ruling at the time of contract and any subsequent charges prior to final completion and settlement of contract by virtue of either de- or re-valuation of either the British Sterling or of the contract currency shall be for the account of the Buyer.
- All offers are without engagement and no liability is accepted for loss, damage or delay caused by Government order, war, civil commotion, force majeure, accidents, fires, strikes, lockouts, or delay in obtaining raw materials through shortage or advance in price thereof or any other cause beyond the Company’s reasonable control.
- Delivery times quoted are to date from receipt of a written or web generated order to proceed and of all necessary information to enable the work to be put in hand. Such times are to be treated merely as estimates not involving any contractual obligation, unless the Company has specifically contracted otherwise in writing, and any such contract shall be subject to the Company not being delayed by instructions or lack of instructions, or by industrial dispute, or by any cause whatsoever beyond reasonable control.
- Unless otherwise laid down in the specification or contract, if any defect or failure in the goods supplied becomes apparent under proper use within such period after dispatch as the Company considers reasonable in the particular case, and the goods are returned free to the Company’s factory (unless otherwise arranged) the Company will either supply fresh goods in replacement, or, at its option, repair the original goods free of charge, provided the Company is satisfied that the defect or failure is due solely to bad workmanship or the use of faulty materials or that the goods do not comply with the agreed specifications.
- Except for the Limited Warranty in paragraph 10 and to the maximum extent permitted by applicable law, RS Micro, Radio Service and its suppliers provide it’s products “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the Hardware, and the provision of or failure to provide support or other services, information, software, and related content through the Hardware or otherwise arising out of the use of the Hardware. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with regard to the product. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description.
- Any performance figures given by the Company are based upon its experience. No liability will, however, be accepted, if these figures are not obtained unless the specification to which the Company is working lays down such figures or unless the Company has made a specific guarantee in writing, and all orders are accepted on the understanding that the Buyer assumes responsibility for ensuring that the goods are suitable for his purpose.
- No responsibility is accepted by the Company for any loss or damage, direct or consequential, or for any accident, or the effects of the accident arising from any defect or failure in goods supplied by it.
- In the case of goods not of the Company’s manufacture, the Buyer is entitled only to such benefits as the Company may receive under any guarantee given in respect thereof.
- The provisions contained in paragraphs 8 to 12 are in lieu of and exclude all other warranties, conditions and liabilities, expressed or implied, whether under common law statute or otherwise in relation to goods supplied by the Company, and no variation of these provisions shall be binding on it unless confirmed in writing by a partner.
- Owing to the obligations placed upon it the Company reserves the right not to accept liability for deficiencies, damaged or faulty goods, or errors in dispatch, unless notified in writing to the carriers and to the Company within three days from receipt of the consignment. Neither can it accept any claim for loss of goods advised but not delivered unless notice is given to the Company and to the carrier within 21 days of the date of the advice note or invoice, or in the case of exported goods, within a reasonable time from date of shipment.
- Unless otherwise specified or agreed by the Company payment is to be made on the date on which the goods are ordered. Default in payment shall entitle the Company to suspend deliveries or cancel undelivered portions of order and to take proceedings for the collection of outstanding amounts, without prejudice to any subsequent claim the Company may enter for non-fulfillment of the Contract.
- Credit accounts are available to government, education and emergency services customers subject to satisfactory information being furnished to the Company as required.
- The risk in the goods shall pass to the buyer at the point of delivery.
- The title in the goods shall remain in the seller until the buyer has paid all monies owed by it to the seller and until such payment is made the buyer shall hold these goods at no cost to the seller so that they are clearly identified as belonging to the seller.
- If the buyer shall enter into liquidation or receivership or composition with its creditors or upon any breach of any of its obligations hereunder whether as to payment or otherwise the seller may (without prejudice to any of its other rights and remedies) enter upon the buyers premises for the purpose of recovering the goods identified in 19 above.
- Nothing herein shall give the buyer the right to return goods to the seller.
- Where the “buyer” is a Limited or Public Limited company and the terms herein are not complied with by the buyer, the directors of the “buying” company shall be held personally liable and the seller may as an alternative claim from any one or more of the directors of the “buying” company.
- Customers’ complaints and grievances will be given respectful and sympathetic consideration. In the event, however, of any dispute or difference arising between the Buyer and the Company in connection with the order which cannot be settled by direct negotiation the same shall be referred to the arbitration in England of a person to be mutually agreed upon or failing agreement, a person nominated by the Chairman of the Central & West Lancashire Chamber of Commerce. The submission shall be deemed to be a submission or arbitration within the meaning of the Arbitration Act, 1950, or any statutory modification, or re-enactment thereof.
- These conditions are supplementary to any other conditions applicable to the contract, and in the event of any inconsistency between these conditions of sale any any implied conditions of purchase, these conditions of sale shall prevail unless otherwise expressly agreed in writing and signed by a partner of the company.
- This contract and all disputes relating to it shall be governed and construed in all respects according to English Law.