Terms and Conditions
Definitions
In this document the following words shall have the following meanings:
1.1 - "Consumer" shall have the meaning of a person who is acting outside their trade, business, craft or profession;
1.2 - "Customer" means any person or company who purchases Goods and /or Services from the Supplier;
1.3 - "Goods" means the articles specified in the Proposal, estimate, quotation or relevant document;
1.4 - "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 - "Services" means the services specified in the Proposal;
1.6 - "Supplier" means Rehabilitation Manufacturing Services Limited of Thompson House, Unit 10 Styles Close Sittingbourne Kent ME10 3BF, with registered office at the same address, also trading as RMS;
1.7 - "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier;
General
2.1 - These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 - Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 - Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 - Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
The Order
3.1 - The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
3.2 - The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 - All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
Price and Payment
4.1 - The price for the Goods and Services is as specified in the Proposal and is exclusive of VAT and any applicable charges outlined in the Proposal.
4.2 - Payment of the price shall be in the manner specified in the Proposal.
4.3 - If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the current base rate plus 2.00% per month on the outstanding amounts
4.4 - Services are priced at the prevailing hourly rate and calculated in units of a quarter of one hour. The minimum charge at RMS premises is one unit, or 4 units at any other location, or such other quantity as specified in the proposal.
Delivery
5.1 - The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 - All risk in the Goods shall pass to the Customer upon delivery.
5.3 - Any Services specified in the Proposal that operate for a period of time will be provided for a period of 12 months unless a shorter time period is specified on the proposal. The Customer will then be invited to renew the Services at the prevailing rate as specified by the Supplier.
5.4 - Standard working hours are Monday to Thursday 8:30 – 16:30 and Friday 8:30 - 16:00 any services delivered outside of these times may be subject to additional charges.
Title
6.1 - Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
Customer’s Obligations
To enable the Supplier to perform its obligations the Customer shall:
7.1 - co-operate with the Supplier;
7.2 - provide the Supplier with any information reasonably required by the Supplier;
7.3 - obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 - comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
Supplier’s Obligations
8.1 - The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 - The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 - The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 - The Supplier offers a limited 12 month Warranty on the goods manufactured by the Supplier. The terms of the warranty are available separately. For goods not manufactured by the supplier the Warranty terms will be those of the original manufacturer.
Cancellations and Refunds for Goods (Trade and Business Customers)
9.1 - Where the Goods are faulty or do not comply with the contract, the Customer must notify the Supplier within 7 days of delivery and return the Goods to the supplier within 7 days of notifying the supplier. Once the supplier has confirmed the Goods are faulty or do not comply with the contract the Customer shall be entitled to replacement Goods or a full refund.
9.2 - The Customer may cancel an Order by notifying the Supplier in writing (an email is an acceptable form of writing) at the address above within 30 days of placing an Order and any deposit paid will be refunded in full subject to a re-stocking charge of 20% of the order value. If no deposit has been paid, a 20% re-stocking fee will be charged
9.3 - If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.
9.4 - If the Goods have been dispatched to the customer then it will not be possible to cancel the contract unless clause 9.1 applies. Should the Customer wish to cancel an order for goods already dispatched, provided that the order relates to goods that are standard, unmodified and not customised, the Customer can within 30 days of receiving the goods shall at the customer’s expense return the goods to the Supplier. Once the Supplier has confirmed the Goods are in as new saleable condition the Customer shall be entitled to a refund of the amount paid less a re-stocking charge of 20% of the order value.
Cancellations and Refunds for Goods (Consumers)
9.5 - Where the Goods are faulty or do not comply with the contract, the Consumer must notify the Supplier within 14 days of delivery and return the Goods to the supplier within 14 days of notifying the supplier. Once the supplier has confirmed the Goods are faulty or do not comply with the contract the Consumer shall be entitled to replacement Goods or a full refund.
9.6 - Provided that the order relates to goods that are standard, unmodified and not customised, the Consumer may cancel that Order by notifying the Supplier, preferably in writing (an email is an acceptable form of writing) at the address above within 14 days of receiving the goods and any deposit paid will be refunded in full.
9.7 - If the Consumer fails to cancel the order within the time specified in Clause 9.6 any deposit paid may not be returnable.
9.8 - Provided that the order relates to goods that are standard, unmodified and not customised, and the Consumer wishes to cancel that order, the Consumer can do so within 14 days of receiving the goods. The Consumer shall at the consumer’s expense return the goods to the Supplier. Once the Supplier has confirmed the Goods are in as new saleable condition the Consumer shall be entitled to a refund of the amount paid. Provided the goods are returned in as new saleable condition within 14 days no re-stocking fee will be charged.
Cancellations and Refunds for Services Only
10.1 - In the event that the Supplier makes an error this will be rectified without cost to the Customer or Consumer. In the event that the Customer/Consumer makes an error the Supplier will offer no cancellation or refund.
10.2 - The Customer may terminate the Services by giving 30 days notice in writing (an email is an acceptable form of writing). After termination any holding deposit will be held until all outstanding charges have been invoiced (usually within 30 days of termination) and paid in full. Any setup fees or Services charge will be retained by the Supplier.
10.3 - The Supplier may terminate the Services by giving 30 days notice in writing (an email is an acceptable form of writing). After termination any holding deposit will be held until all outstanding charges have been invoiced (usually within 30 days of termination) and paid in full. Any unused Services charge will be returned to the Customer.
10.4 - The Supplier reserves the right to terminate the Services without notice or refund if these terms have been breached or if it is the Suppliers belief that the Services are being used with fraudulent or criminal intent.
10.5 - The appropriate set-up fee, holding deposit and Services fees are payable in accordance with the terms of the proposal. If the Services fee are not paid when due, the Services may be suspended without notice, until such payment is made. If the Services fee is overdue by 30 days the service will be deemed to have terminated.
10.6 - Once Services have been terminated reinstatement of Services is strictly subject to the Suppliers approval. The amounts charged and the Services provided may differ from the
original Services and additional terms and conditions may be imposed.
10.7 - To receive the Services you must provide the Supplier with a proper contact address and telephone details. You must inform the Supplier immediately in writing (an email is an acceptable form of writing) of any changes to your contact details, including your email address, or change requests to your Services. We reserve the right to suspend or terminate your service if we are unable to contact you appropriately.
10.8 - All mail items received and business information acquired by the Supplier is treated as commercially confidential and will not be disclosed to anyone outside of the Suppliers company or partner companies used in the provision of your Services. The Supplier reserves the right, however, to provide information to the police or other investigative bodies where it is the suppliers belief that the Services provided are being or have been used for criminal or fraudulent purposes.
10.9 - For the cancellation or deferral services a minimum 48 working hours’ notice is required otherwise a cancellation fee of 20% of the price of the appointment will be levied.
Limitation of Liability
11.1 - Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
11.2 - The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
11.3 - For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
Force Majeure
12.1 - Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Severance
13.1 - If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Governing Law
14.1 - These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.