Below are the standard Terms and Conditions applied by Rapid Prototyping Systems Ltd to all their products.
It is recommended that you read, fully understand and accept these terms before purchasing any edition of RoofWright. If you are unsure about any part of this, please contact us on 0161 426 1120 to discuss the issues.
1. DEFINITIONS
1.1. The COMPANY means Rapid Prototyping Systems Limited, or any other company which is a subsidiary.
1.2. The CUSTOMER means the person, firm or company that places the order with the company.
1.3. The GOODS means those items the subject of the order and includes services to be supplied or work to be carried out.
1.4. The ORDER means the written order issued by the customer to the company relating to the supply of goods. An order may also take the form of a standard Company contract that has been signed by the Customer, or by an employee or an agent of the customer on his behalf.
1.5. QUOTATION means any written quotation submitted by the company to the customer relating to the goods.
2. GENERAL
2.1. All quotations are made and all orders are accepted subject to the following terms and conditions and no additions thereto or variations therein shall be made or apply unless expressly agreed in writing by the Company and all other printed standard conditions are hereby excluded. Top of Page
3. AVAILABILITY OF GOODS AND SERVICES
3.1. All goods are sold subject to reasonable availability to the Company.
3.2. All services supplied and work carried out are subject to appropriately qualified personnel being available to perform the prescribed tasks, and the Company will make their best endeavours to provide these personnel as required.
4. ORDERS
4.1. The Company reserves the right (without prejudice to any other remedy) to cancel any uncompleted order, or to suspend delivery in the event that the customer’s commitments with the Company shall not be met.
4.2. The Customer agrees to send the company a written order or standard contract in confirmation of any telephoned orders duly marked with any confirmation reference given by the company otherwise the company cannot accept liability for any duplication of delivery that may occur.
4.3. The Customer shall inspect the goods immediately on the arrival thereof at the Customer's premises, and shall within 3 days of such inspection give notice in writing to the Company of any matter or thing by reason whereof the Customer alleges that goods are not in accordance with the contract. If the Customer fails to give such notice the goods shall in all respects be deemed to be in accordance with the contract and the Customer shall be bound to accept and pay for the same accordingly. Where the goods are provided in the form of services to the Customer, the Customer, his authorised employee or agent, shall indicate acceptance of the services by the signature of a standard worksheet on completion of the services to the Company's satisfaction, and such acceptance shall not unreasonably be withheld. Once the Customer has indicated his acceptance of the services, he will be bound to pay for the same accordingly.
4.4. Should the Customer notify the Company that goods or services ordered are no longer required, the Customer shall be liable for a cancellation charge equivalent to:
4.5. 10% of the order value, plus the value of any goods or services specified on the cancelled order and already purchased or executed by the Company on behalf of the Customer.
4.6. Goods ordered and denoted as a special order cannot be cancelled by the Customer and the Customer shall remain liable for payment of the goods in any event.
4.7. A cancellation cannot be made by the Customer if the Company has already despatched the goods.
4.8 It is the responsibility of the Customer to ensure that any hardware they wish to use any purchased software products on, conforms to the minimum requirements of that product. This will be provided upon request. Failure to meet these requirements or any cost or risk involved in making the hardware meet the requirements is solely the responsibility of the Customer.
5. DELIVERY AND INSTALLATION
5.1. Any times quoted for delivery are to be treated as estimates only, and the company shall not be liable in any manner whatsoever for failure to deliver within such time.
5.2. Where a Order exists between the Company and the Customer for the provision of services at a prearranged time and place, and the Company fails to deliver the services either at the specified time or place, or both because of errors, omissions or other reasonable cause on the part of the Company, then the Company's liability will be limited to the costs to the Company of providing that service. The Company will not be liable for any consequential loss or damage suffered by the Customer which can directly or indirectly attributed to the Company' s failure to provide the service at the specified time and place.
5.3. Where an Order exists between the Company and the Customer for the provision of services at a prearranged time and place, and the Company is unable to deliver the service because of errors, omissions, or any other cause on the part of the Customer, any other third party, or Act of God, then the Customer is fully liable for the costs of the service unless otherwise notified in writing by the Company within seven days after the date that it was agreed that the service would be provided.
5.4. The Company reserves the right to withhold delivery of services to the Customer where it considers that the Company's employees or agents are at risk from the local conditions at the Customer's premises, and to continue to withhold the services until the Customer has rectified the conditions at his own expense to the satisfaction of the Company. Where the Customer fails to rectify the local conditions within 30 days of the original date of provision of the service, the contract will be considered terminated and the Customer will be liable for the full value of the contract, unless otherwise agreed with the Company.
5.5. Goods will be despatched by the most convenient means; usually the quickest. All goods are priced ex-warehouse including packaging, and a standard delivery charge will be added unless waived at the Company's discretion.
6. DAMAGE AND STORAGE IN TRANSIT
6.1. The Company will refund the cost of, or at its discretion replace or repair free of charge any of the goods proved to the Company's satisfaction to have been lost or damaged in transit up to the moment of delivery provided that within 3 days after receipt of goods in the case of damage, or within 10 days of receipt of invoice in the case of loss, the Customer notifies the Company in writing of the occurrence of the damage or loss, and its nature or extent.
7. PASSING OF RISK
7.1. The goods shall remain the property of the Company until payment in full by the Customer to the Company of the price of the goods plus the relevant VAT.
7.2. Until the title to the goods passes to the Customer:
a) The Customer shall keep the goods (at no cost to the Company) separate from all other goods in its possession in such a manner that they are clearly identifiable as the Company goods.
b) The Customer upon request of the Company shall promptly inform the Company of the whereabouts of the goods.
c) The Company shall be entitled to repossess or call for redelivery of the goods at the Customers expense if the Customer shall commit an act of bankruptcy, have a receiver appointed over its business undertaking, enter into liquidation whether voluntary or compulsory (save for the purpose of amalgamation or re-construction of a solvent limited Company) cease to trade or threaten to cease to trade or if the Company has reason to have serious doubts as to the Customer's solvency.
d) The Customer shall be responsible for all loss or damage to the goods occasioned whilst the said goods are in its custody.
8. RETURNS
8.1. Goods correctly supplied in accordance with the Customers order cannot be returned without prior authorisation from the Company.
8.2. Services correctly supplied in accordance with the Customers order are non-refundable.
8.3. In any event, where goods have been correctly supplied in accordance with the Customer’s order, and is returned, the Customer shall be liable for a handling charge representing 15% of the sales value (excluding VAT) of the goods.
9. SOFTWARE MAINTENANCE
9.1. In the case that the company agrees to provide maintenance of an existing software application, the following terms apply:
a) The customer will provide all computer equipment (including peripheral devices and instruments) as required for the fulfilment of the required work. In addition the customer will make available all necessary source text, software libraries, compilers, editors, linkers and other software tools as required to reconstitute the software application to its current state.
b) On the initiation of maintenance work on a software application the company has not previously been associated with, the customer shall be liable for a minimum period of five days work, to enable the personnel provided by the company to gain an understanding of the software to be maintained, and the application area which it addresses, unless agreed otherwise in writing.
c) Prior to software maintenance work being undertaken by the company, the customer is to itemise all work that is required.
d) In the case of correcting reproducible errors in the software application it is the responsibility of the customer to demonstrate those errors, and produce detailed descriptions of the situations in which those errors occur.
e) In the case of correcting non-reproducible errors in the software application work will be charged on a 'time spent and materials used' basis. Whilst the company will endeavour to correct all such errors, no guarantees of success or timescales will be given for this category of work.
f) The customer is to make available a member of staff knowledgeable in the application area of the software for the period of software maintenance, for the purposes of explaining and demonstrating application-specific details.
10. PAYMENT
10.1. The Customer agrees to abide with the payment terms of the Company set out below:
a) In the case of service contracts, payment must be made either in full with order, or alternatively on a periodic basis by standing order, direct debit or other means as specifically agreed by the Company, who reserve the right to add a service charge to be agreed.
b) In the case of approved credit accounts, payment to be made within 30 days of the date of the invoice.
c) Payment as above is deemed to have been made immediately in respect of cleared funds i.e.: Telegraphic Transfer, Bankers Draft, approved Credit Card, Building Society Cheques (with the Company as the named payee) etc. or 5 days after receipt in respect of cheques drawn on a UK clearing bank unless the Company receives notice that the cheque has not been honoured by drawers bankers.
d) Where payment has not been made in accordance with the terms of the paragraphs laid out hereof the Company reserves the right to charge the Customer Interest on any unpaid amounts at 4% above Barclays Bank plc's base rate for the time being in force as calculated on a daily basis.
e) No cash or discount is allowed unless agreed in writing.
f) Where payment is offered by credit Card, the Company reserves the right to levy a service charge on the transaction.
g) If the Company is able to deliver some of items comprising the goods the subject of an agreement but unable to deliver all such items due to causes beyond it's control, the Customer shall pay for such goods as are delivered.
11. PRICE
11.1. Unless otherwise stated any prices quoted by the Company are:
a) Exclusive of VAT and any other taxes
b) exclusive of packing, carriage and insurance
c) prices quoted for goods are those current at the time of quotation and the price payable by the customer shall be that which is current at the time of delivery to the customer.
d) where agreed call-offs are not adhered to by the Customer, the Company reserves the right to amend the price structure is accordance with the quantities delivered.
e) prices quoted for services are those current at the time of quotation and the price payable by the customer shall be that which is current at the time the Customer signs the service contract agreeing to the Company supplying that service.
f) The Company reserves the right to alter prices of goods or services without prior notice to the Customer.
12. GUARANTEE
12.1. In respect of goods, the subject matter of any warranty, or guarantee given by the manufacturers of the same, the Company guarantees to the Customer that such goods will be found free from defects caused by faulty materials or poor workmanship. Under this warranty, the Company will at its option, either repair or give a replacement of equivalent quality or issue credit to the Customer for any goods found to be defective because of faulty maintenance by the Company or poor workmanship provided that:
a) the Company is first notified in writing within 7 days of the Customer first discovering any such defects and in any event during the currency of such manufacturers warranty or guarantee.
b) the defective goods are returned to the Company at the Customer's expense.
c) examination by the Company of such goods discloses to its satisfaction that such defects exist and have not been caused by misuse, neglect accident, improper storage, installation or handling or by repair or alteration not effected by the Company and
d) the Customer shall pay to the Company the cost (as certified by the Company) of any examination of such goods as a result of which the Company denies liability.
12.2. In respect of services, the Company guarantees to the Customer that all work is carried out using materials and equipment which are claimed by their manufacturers to be fit for the purpose and that the equipment and materials are stored and used where possible according to the manufacturers instructions.
12.3. This guarantee does not affect any statutory rights already enjoyed by the Customer.
