Terms and Conditions
1. Formation of Contracts
- All contracts to supply services made by RS RECOVERY LTD (“The company”) shall be deemed to incorporate these terms and conditions. No variation of, or addition to, these terms and conditions shall form part of any Contract unless made or specifically accepted by the company in writing.
- These terms and conditions shall override and take the place of any other terms and conditions in any document or other communications used by the Company, in concluding the Contract with the company.
Unless otherwise expressly stated in writing by the Company, orders are accepted on the basis that:
- The price stated is the ex-works net price of the goods (after deducting any discount) exclusive of any value-added tax.
- The Company is entitle, without prior notice, to adjust the price stated to take account of any change in specification made at the request of the Customer or any alteration, before the date of delivery, in the cost to the Company of labour, materials, sub-contracted services, import or export duties, tariffs or transport costs which directly affects the cost to the Company of supplying the goods.
3. Terms of Payment
In the absence of any written agreement from the Company to the contrary and provided the Customer has an approved credit account, payment shall be made by the Customer to the Company within 30 days of the date of the Invoice. If any payment has not been made by the due date, the Company shall be entitled to charge and receive interest on the overdue amount calculated at 5% above the Barclays Bank Base Rate in force for the time being and that interest shall accrue on a daily basis.
4. Invoice and Work Queries
Any query regarding work carried out by the Company or the Invoice MUST BE CONFIRMED, IN WRITING, TO THE COMPANY within 21 days of the Invoice date.
5. Default or Insolvency of the Customer
If the Customer shall be in breach of any of its obligations under the Contract or if a distress warrant or other form of execution is levied against the Customer , or if the Customer shall make or offer to make any arrangement with his creditors, or have bankruptcy proceedings taken against him or, if a Limited Company, have a Receiver appointed to enter into liquidation, whether compulsory or voluntary, the Company shall at any time thereafter be entitled to determine the Contract. Notwithstanding any such determination the Customer shall pay the Customer for all services rendered and goods delivered until and including the date of termination. The Company shall be entitled to repossess any goods that are in the possession or control of the Customer and the property in which remains with the Company and for such purpose to enter into and upon the premises of the Customer.
6. General Liabilities
- The Company hereby warrants that all goods are free from defects in material and workmanship but the Company’s liability under this warranty shall be limited to making good, without charge for parts and labour by repair, or at the discretion of the Company, replacement, any defects which the Company is satisfied are defects of material or workmanship in goods which are returned to the Company’s’ premises carriage paid immediately by the Customer, becomes aware of the defects. In any event within twelve calendar months of the date of delivery.
- The Company shall not be liable for any loss, injury or damage of any nature whatsoever, whether direct or consequential arising out of or in connection with goods supplied.
- Every endeavour will be made to carry out the work by the times desired, but the Company shall not be liable for any delay, howsoever occasioned and this notwithstanding that a definite date for completion may be specified.
7. Modification of Terms
No modification or variation of these terms shall be binding on the Company unless agreed in writing by a Director of the Company.