1.
Our Contract
These Terms and Conditions
govern the supply of goods sold by Romec Ltd ("Romec
") to the Customer named on the order form provided
to Romec. Together with the completed order form,
these Terms and Conditions constitute the entire and
only agreement between the parties in relation thereto.
Our acceptance of an order by delivery of the goods
constitutes a legally binding contract between the
parties on these terms and conditions.
These terms and conditions do
not apply to export transactions, to which separate
terms and conditions of sale apply.
2. Price and Payment
2.1 The price payable
for goods as amended from time to time is indicated
on the Romec manufacturing web site. Due to the nature
of the goods such as additional features and installation
requirements the price on the web site may not be
the price payable. The Customer shall send by way
of e mail communication a list of the goods required
to Romec who shall respond with a quotation within
5 days setting out the actual price payable for the
goods requested. This quotation is valid for 30 days.
2.2 If the quotation
is acceptable to the Customer the Customer shall place
an order within 30 days of the date of the quotation
with Romec.
2.3 Subject to clause
2.4, payment for the total of the price of the goods,
and any applicable charges for carriage and insurance,
shall be made by the Customer before an order can
be accepted unless agreed otherwise in advance in
writing by Romec.
2.4 If the Customer holds
an account with Romec then payment shall be made in
full at the end of the month following date of invoice.
If the Customer fails to make payment when due then
Romec reserves the right to require payment in advance
of accepting an order pursuant to clause 2.3 above.
If payment is not made when due, interest is payable
at the rate of 8 per cent over the then current Bank
of England base rate on the amount outstanding from
the due date for payment until receipt of the full
amount (including any accrued interest) whether before
or after judgement, together with any reasonable legal
or other recovery costs.
2.5 Products that are
not stocked by Romec will be sold at the prices set
out in the relevant quotation.. All prices exclude
VAT, which will be added at the rate applicable at
the date of despatch.
3. Orders
Romec Ltd reserves the right to decline to trade with
any company or person. In addition, Romec may decline
to accept any order, whether or not payment has been
received, by giving notice of non-acceptance to the
Customer by telephone or facsimile within a reasonable
period of receipt by Romec of the order.
4. Delivery and Title
4.1 Unless the Customer
upon order tells Romec that the Customer wishes to
collect the goods, Romec will deliver them in accordance
with the order. A signature will be required on collection
or delivery such signature will be proof of receipt
of the goods by the Customer. Immediately prior to
despatch of the goods, title and risk in the goods
will pass to the Customer. In the unlikely event that
the Customer has not received all the goods set out
in the order within 21 days of the quoted date of
delivery (or where the Customer has requested a delayed
despatch within 21 days of the requested despatch
date), the Customer must notify Romec immediately.
4.2 Romec will use all
reasonable endeavours to deliver at the time stated
but delivery dates shall be regarded as estimates
only and not of any contract effect.
4.3 If the Customer refuses
or fails to take delivery of or collect any of the
goods in accordance with your order. Romec Ltd shall
be entitled to immediate payment in full for all of
the goods so ordered if not already made. Romec shall
be entitled to store at the risk of the Customer any
such goods and in addition to the purchase price,
the Customer shall pay all costs of such storage (including
the cost of insurance) and any additional costs incurred
as a result of such refusal or failure. Romec shall
be entitled, after expiration of three months from
the date upon which the price became payable or the
goods were due to be collected or the delivery date
quoted by Romec, to dispose of the goods is such manner
as Romec may determine.
5. Inspection, Delivery Delays
and Non-Delivery
5.1 The Customer must
inspect the goods as soon as is reasonably possible
after delivery or collection and shall, within 10
days of the date of delivery or collection, give notice
in writing to Romec in detail of:
a. Any defect in the
goods that is apparent on reasonable examination.
In this case Romec shall, in its sole discretion,
replace the goods or refund the purchase price.
Romec will not accept any liability for goods which
have been damaged in transit where it is apparent
on delivery that the parcels containing the goods
are themselves damaged. In such circumstances the
Customer shall at the time of delivery or collection
refuse to accept the goods.
b. Any shortfall in
goods delivered. In this case Romec shall, in its
sole discretion, deliver the undelivered goods or
refund the price of the undelivered products;
c.Any delivery of goods not in accordance with
the order. In this case Romec shall, in its sole
discretion, replace the goods or refund the purchase
price; The Customer shall retain any goods not ordered
until collection of the goods has been made by or
on behalf of Romec.
d. Any non-delivery
of the goods (in which case the time limit is within
21 days of the estimated despatch date). In this
case Romec shall deliver the undelivered goods or
refund the price of the undelivered goods.
5.2 If the Customer fails
to give any such notice, the goods shall be conclusively
presumed to be, in all respects, in accordance with
the order and free from apparent defects, and the
Customer shall be deemed to have accepted the goods
accordingly. Romec's record of the products despatched
(including the quantity) shall be conclusive evidence
of the products received, unless proved otherwise
by the Customer.
5.3The remedies set out above are the Customer's
exclusive remedies for non-delivery or short delivery
of goods, or for apparent defects in the goods or
delivery of goods not in accordance with the order.
Romec shall not be liable for any losses, consequential
or otherwise suffered or incurred by the Customer
as a result of any non delivery, short delivery or
defect in the goods.
6. Availability
While Romec endeavours to hold sufficient stock to
meet all orders, if there is insufficient stock to
supply or deliver the goods ordered and paid for by
the Customer (subject to the conditions of clause
4), Romec will refund you the price paid for such
goods as soon as possible and in any case within 30
days. In the case of an account customer, Romec may,
in its absolute discretion, as soon as possible raise
a credit to offset the amount invoiced in respect
of those goods.
7. Liability
If the Customer has notified Romec of a problem with
the goods in accordance with clause 5, Romec will
either make good any shortage or non-delivery; replace
or repair any goods that are damaged or defective
upon delivery; or refund the amount paid for the goods
in question. Romec will not be liable for any loss
of profits, administrative inconvenience, disappointment,
indirect or consequential loss or damage arising out
of any problem in relation to the goods and shall
have no liability to pay any money by way of compensation
other than any refund Romec make under clause 5. This
does not affect any statutory rights as a consumer,
nor is it intended to exclude liability for fraudulent
misrepresentation or for death or personal injury
resulting from Romec’s negligence.
9. Termination
Romec may suspend further supply or delivery, stop
any goods in transit or terminate the contract by
notice in writing if the Customer is in breach of
an obligation hereunder or becomes unable to pay its
debts when they fall due or proceedings are commenced
by or against the Customer alleging bankruptcy or
insolvency. Upon termination, any outstanding sums
payable become immediately due and payable and Romec
shall be under no further obligation to supply goods
to the Customer.
10. Force Majeure
Romec shall have no liability for any failure or delay
in supply or delivery or for any damage or defect
to goods supplied or delivered hereunder that is caused
by any event or circumstance beyond Romec’s
reasonable control (including, without limitation,
strikes, lockouts and other industrial disputes).
11. General
If any part of these conditions is invalid, illegal
or unenforceable (including any provision in which
Romec excludes liability) the validity, legality or
enforceability of any other part of these conditions
will not be affected. This contract shall be governed
by and interpreted in accordance with English law.
12. VAT and other taxes
All prices exclude VAT at 17.5% subject to changes
in taxation. If the Customer is ordering from outside
the United Kingdom any local taxes will be addition
to the quoted prices.
13. Warranty
13.1 Romec Ltd warrants
that if any goods supplied are defective, Romec will
replace or repair the product or refund the purchase
price. This warranty is subject to a claim being made
in writing to Romec Ltd within 12 months of the original
date of despatch.
13.2 These warranties
shall not apply to any defect, which arises from improper
use, failure to follow the instructions, failure to
undertake maintenance, or any repair or modification
made without Romec’s consent. The Customer must
return or dispose of the products, or make them available
for collection by Romec Ltd, in accordance with our
instructions. If returned they must be suitably packaged
and, where relevant, returned in accordance with any
particular instructions that we may have notified
at the time of supply.
14. Design and Reproduction
Drawings, design, photographs, part numbers, layout
and style and all and any other rights in or appertaining
to the goods are the property of Romec Ltd. Reproduction
in whole, or in part, is strictly prohibited. Quantities
and measurements are approximate. Exact products may
vary from that shown. All products subject to availability. |