The “Quotation” means the Supplier’s Quotation to the PurchaserThe “Order Acknowledgement” means the Supplier’s written confirmation as to the price, delivery, details and conditions covering the Goods to be supplied.The “Purchaser” means the Company, firm or individual to whom the Quotation or Order Acknowledgement is signed.The “Goods” means the items to be sold and/or delivered under any contract arising from the Supplier’s Order Acknowledgement of the Purchaser’s order

Words importing the singular only shall include the plural and vice versa

2. Application

The placing of any order shall be deemed to constitute acceptance of these Conditions which shall apply to any contract created by the acceptance by the Supplier of such order. Any terms or conditions which the Purchaser may seek to impose shall be inapplicable unless expressly accepted in writing by the Supplier.

 3. Validity

The Supplier reserves the right to withdraw or cancel any quotation without liability prior to its acceptance. Unless previously withdrawn any quotation shall remain valid for a period of thirty (30) days from the date thereof. No order, nor any amendment to any order, shall be deemed to be contractually binding upon the Supplier unless and until expressly accepted in writing by the Supplier, whereupon a contract shall stand concluded.

 4. Prices

The prices quoted for the Goods are firm unless stated otherwise for the delivery period stated in the Quotation. The prices quoted for the Goods are based on the supply of the Goods to the relevant specifications and drawings at the date of issue of the Quotation and are subject to adjustment in the event of any modification being incorporated therein before or after delivery either at the request or with the consent or knowledge of the Purchaser. All prices quoted are exclusive of Value Added Tax.

 5. Drawings

All Specifications, drawings, descriptive weights and dimensions submitted with a quotation and the descriptions and illustrations contained in the sales literature and price lists are approximately only and none of these shall form part of any contract. All drawings, technical documents issued either before or after the formation of the contract for the use or information of the Purchaser and other information supplied to the Purchaser including specifications shall not be copied, reproduced or communicated to any third party, or used otherwise than in connection with the Goods, without the Supplier’s express consent in writing.

 6. Inspection and Testing

The Supplier operates a system of testing of Goods. If any additional testing is desired by the Purchaser any additional expense which is incurred thereby shall be borne by the Purchaser.

 7. Despatch

Any time or date for despatch specified by the Supplier is an estimate only and the Supplier shall incur no liability in respect of any delay

8. Storage

If the Purchaser shall fail to give to the Supplier instructions for delivery prior to the Goods being ready for delivery, the Supplier may, without further reference to the Purchaser, arrange for storage of the Goods. Charges for storage and demurrage and insurance shall be paid by the Purchaser and the Goods shall be subject to a lien of the Supplier thereof in addition to the Supplier’s lien as unpaid vendor, in cases where the Purchaser has failed to pay for the Goods.

 9. Carriage and Packing

Unless otherwise specified, prices quoted are Ex-Works (Chippenham, UK) and exclusive of packing.

Returns Policy: Returns FAQ 

To return a product, please first read though the terms and conditions, then contact us via e-mail, fax or telephone.

sales@rflcomms.co.uk
Tel: 01249 446500
Fax: 01249 446506
 

10. Return Policy

We know that you will be pleased with your purchases from RFL Communications plc. However, there may be occasions when you will need to return items to us.

 Items Damaged in Transit

If any items were damaged in transit, we ask that you report it to us within 5 working days (please note that this is 48 hours for our business customers). If the items are visibly damaged on receipt, it's best to sign the carrier's delivery note accordingly. Items should be returned in their original packaging complete with all accessories and documentation. Once received back into our warehouse, we'll issue a replacement.

Items Faulty on Arrival.

If your items are faulty on arrival, you have 7 calendar days in which to inform us of the fault (please note that for our business customers, this is 5 calendar days). Items should be returned in their original packaging complete with all accessories and documentation. Once we have verified the fault, we'll issue a replacement. We test all returned items, and if a returned item is found not to be faulty by our technicians we will return the item to you, in this instance you will be liable for the return carriage costs.

Items Faulty in Warranty Period

If any of your purchases develop a fault, and it's more than 7 calendar days since receipt, then provided your item is within its warranty period, you are entitled to a warranty repair. In most cases, manufacturers provide a specialist full on-site service and/or telephone help facilities for your convenience which we recommend you use in order to correct the fault quickly. For business customers all warranty repairs after 5 days of receipt are referred directly to the manufacturer (unless otherwise stated)

11. If you change your mind

If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 5 days of receipt. The item must not be used and must be 'as new' when returned to us. Once you've informed us that you wish to return goods under the DSR, you have 5 calendar days to do so, at your own expense. Once the item is received at RFL Communications plc, we'll issue a refund for the product to your original payment method. Please note! 20% administration fee applies to this. This policy has some limitations and does not apply to business customers. (The Distance Selling Regulations do not apply to @work customers or our Business customers)

Need to return an item?

In addition to this policy you should also refer to our general Terms and Conditions of Sale.

12. Supplier’s Liability

i.    The Supplier accepts any liability arising under section 2(1) of the Unfair Contract Terms Act 1977.

ii.    Subject to the provisions below, the Supplier makes no attempt to contract out any liability which may accrue to it by virtue of the provisions of section 12, 13, 14(2), and 15 of the Sale of Goods Act 1979 as amended. Save in the case of experimental or prototype equipment, the Supplier also accepts any liability arising under Section 14(3) of the said Act as amended ALWAYS PROVIDED that the purpose for which the Goods are intended is known to it at the date of entering into the contract for the sale of them.

iii    Save as aforesaid all other conditions and warranties expressed or implied whether arising by statute or common law or otherwise are hereby expressly excluded and the Supplier shall not be liable for any loss, injury or damage caused or arising by reference to them.

iv    If notwithstanding the foregoing it is held that liability attaches to the Supplier for breach of any condition or warranty then the damages recoverable by the Purchaser in respect of such breach shall be limited to the reasonable cost of remedying the defect or other matter constituting such breach (provided that the Supplier shall first be afforded the opportunity of itself carrying out the remedial work) and the Supplier shall not in any circumstances be liable for any other loss or injury or damage suffered by reason of such breach.

v    The Supplier shall not be liable in respect of any defect or other matter constituting a breach of any condition or warranty in respect of which a Purchaser has a right under any warranty given by a third party manufacturer of Goods, either direct to the Purchaser, or to the Supplier the benefit of which has been transmitted to the Purchaser, unless and until the Purchaser has exhausted his remedies against the manufacturer.

vi    The Supplier shall, if Goods were not manufactured by the Supplier, assist the Purchaser in obtaining from the manufacturer thereof the benefit of any warranty given by such manufacturer, whether such warranty is given direct to the Purchaser or to the Supplier with the benefit of being capable of being transmitted to the Purchaser.

vii    The Supplier shall incur no liability in respect of any defect or other matter which is in any way attributable to failure to follow any recommendations or advice given by the Supplier to the Purchaser as to the mode of storing, applying or using the Goods or as to the sufficiency or suitability for purpose of the Goods

viii    In no circumstances shall the Supplier incur any higher liability to the Purchaser hereunder than the total of the sums paid hereunder by the Purchaser to the Supplier.

13. Property

i    Until the Supplier has been paid in full for the Goods:-

ii    The Goods remain the property of the Supplier (although this shall not affect the passing of the risk to the Purchaser) but subject to the Purchaser’s right of disposal under paragraph (4);

iii    The supplier may at any time or times recover all or any of the Goods in the possession of the Purchaser if the Supplier judges that the amount outstanding from the Purchaser is in excess of the credit limit the Supplier is willing to accord to the Purchaser, and for that purpose the Supplier and/or its servants and agents may enter upon any land or buildings where the Goods are;

iv    The Purchaser as bailee of the Goods for the Supplier will store the same for the Supplier in a proper manner without charge to the Supplier

v    The Purchaser has the right to dispose of the Goods in the course of its business for the account of the Supplier and to pass good title to the Goods to its customer being a bona fide purchaser for value without notice to the Supplier’s rights;

vi    In the event of such disposal the Purchaser has the fiduciary duty to the Supplier to account to the Supplier and for the proceeds but may retain therefrom any excess of such proceeds over the amount outstanding under the contract.

14. Payment

i    Unless stated otherwise, all accounts are strictly net and are payable in full not later than 30 days from the date of invoice. If the Purchaser shall fail to take delivery of any Goods under any contract when they are ready for despatch then the Supplier shall have the right immediately to present its invoice for payment and payment shall be due thereon as if delivery had been made notwithstanding the Purchaser’s liability for storage or demurrage or insurance charges and the Supplier’s lien therefore as provided in Condition 8 of these Conditions. Should the Purchaser fail to make any payment when due under any contract or exceed the credit limit nominated by the Supplier then the Supplier shall have the right forthwith to suspend all further manufacture and/or deliveries until the default or credit limit violation be made good or at the Supplier’s absolute discretion to determine any contract so far as Goods remain to be delivered without prejudice to any other rights or remedies of the Supplier.

ii    Where due payment of the price or any part thereof is not made the Supplier, without prejudice to its other rights hereunder, shall be entitled to charge interest on the outstanding amount at the rate of 3% p.a. above the Barclays Bank interbank base rate for the time being in force from the date of invoice until so much of the invoice price as is outstanding is paid.

iii    Payment shall not be delayed on account of additions, omissions or defects which do not materially affect the use of the Goods or for warranty claims.

15. Risk

Unless stated otherwise, the Risk in the Goods shall pass to the Purchaser on delivery of the Goods by the Supplier Ex-Works (Chippenham, UK) as defined by INCOTERMS 2000 edition.

16. Patents and Design Rights

The Supplier reserves the right to full ownership of all inventions, designs or processes evolved during or as a result of work carried out under any contract unless otherwise specifically stated in the contract. The Purchaser shall indemnify the Supplier fully against all liabilities costs and expenses which the Supplier may incur as a result of work done in accordance with the Purchaser’s specifications or instructions involving infringement of any patent or other propriety right.

17. Force Majeure

Neither party shall be responsible for any failure to perform or for any delay in performing the contract or any part thereof due to or principally due to act of God, embargo, or government act, fire, accident, war, riot, inclement weather, strikes, lockouts, trade disputes or labour troubles, breakdown of plant or machinery, inability to obtain adequate labour, materials or manufacturing facilities or any other cause whether of a similar nature or not beyond the control of the party in question.

18. Assignment

The Supplier, any assignee of the Supplier, shall be entitled to assign any other order in whole or in part to any company which is a subsidiary of the same company of which the Supplier is a subsidiary.

19. Law

The Contract shall be governed by and construed in all respects in accordance with English Law. These Conditions are additional to any rights attaching to the Supplier under statute or common law and are not in substitution thereof. The Purchaser hereby irrevocably accepts the jurisdiction of the English Civil Courts in so far as any disputes arising under or in connection with the contract are concerned

In no circumstances shall the Supplier incur any higher liability to the Purchaser hereunder than the total of the sums paid hereunder by the Purchaser to the Supplier.