1. Object

The following general terms and conditions apply to all minor projects as quoted to our
customer.

2.  Packing and Delivery

• The goods to be delivered will be packed with the necessary protection so as to avoid any damage during the shipment.
• The packing, transport up to the point of delivery indicated in the quotation and the cost of the transport insurance will be
  on behalf of RMD, unless explicitly defined in the quotation.
• Any special conditions or request for the delivery of materials or truck unloading that is not in the quote will be at the
  customer’s own risk and cost, unless explicitly defined in the quotation.

3.  Delivery time

• The delivery time will be agreed with the customer prior to attending site wherever possible.
• The lead time (number of months/weeks/days) to deliver the goods will start after a purchase order has been received from the customer, and submitted to RMD. 
• RMD will not be responsible for any damage, loss or expenses caused by delays in the delivery due to events of ForceMajeure (Acts of God) or for any other cause out of RMD’s possible and reasonable control.
• In the event that any delay should happen due to the above mentioned causes, RMD will have the right, according to its own consideration, to suspend this contract without any penalty.

4.- Price and payment terms

• All prices are understood according to CIF (cost, insurance & freight) delivery conditions, which are defined in the
  quotation.
• Installation is included as defined in the quote and method statement.
• All prices are considered NET prices, not including the amount corresponding to the VAT.
• Any other item, obligation or cost not defined in the quotation is not included in the contract, such as local country taxes,
  local regional or city taxes or any another public or private tax.
• Any customer requested amendments to the original scope of works will be chargeable and an additional purchase order will be required prior to commencement / continuation of works.

5. Installation

• Prior to any commencement of works, RMD will provide risk assessment & method statement for the works that are being
  carried out.
• The facility or building where the work will be executed must be clean and free of any obstructions or any other object or obstacle that could complicate or delay the work to be done.
• In the event that the above conditions are not satisfactory for the works, any cost of cleaning or disposal of these obstacles will be charged to the customer.
• The customer will provide all required documentation or passes to grant access to the building or facility where the work has to be executed.
• RMD will ensure that all works comply with local building and safety regulations

6. Cancellations and Delays

• The terms, conditions and any other aspect of the project cannot be cancelled or modified after the customer has provided a PO. Any proposed change must be accepted in writing by RMD and may incur a monetary compensation for any obligation, responsibility or expense incurred by RMD. In such case an additional PO must be provided prior to works
  being carried out.
• Any delay caused by the customer for not being able to fulfil the accepted planning or for not allowing access to facility where the project has to be executed will incur a minimum cost of £72.50 per hour for every employee or contractor of RMD in direct relation with the project. The customer will also bear the cost of any expense related to lodging, travel or food allowance incurred because of the delay.
• Cancellation of works as highlighted below will incur a cancellation labour charge:
  • 48 hours prior to agreed start date – cancellation charge 50%
  • 24 hours prior to agreed start date – cancellation charge 100%

7. Guarantees

• All goods delivered by RMD will be new (not previously used or pre-owned) and will comply with the specification defined in the contract, unless previously stated and agreed.
• RMD provides a warranty on all supplied goods or services, against any defect of design, materials, construction or installation, as per the manufacturer’s warranty.

8. Confidentiality and Intellectual Property

• All the documentation provided by RMD as part of the project, as well as any other technical, financial or commercial information given by RMD to the customer, transmitted in a verbal or written way, will be of the exclusive property of RMD and it does not constitute or recognizes any license or abandonment of industrial rights or intellectual property in favour of
  the customer. The customer will only make use of the above mentioned information for exclusive purposes related to this project and will limit its internal use and will not transmit it to third parties without a previous written authorization by RMD.

9. Legislation and Arbitration

• The Parties agree that any discrepancy of the execution or interpretation of the present contract will be solved in a Scottish Court governed by Law of Scotland with express resignation of customer’s own jurisdiction if it would exist.

10. Non Liability Clause

• Under no circumstances shall RMD be liable for any direct, special, indirect or consequential damages, or any other damages of any kind including, but not limited, to loss of use, loss of profits or loss of data, whether in an action, in contract or otherwise arising from or in any way connected to the use of this RMD product or the materials contained in it.
• RMD’s products and services have been designed and tested to ensure a better IT availability and to reduce IT risks due to human action or other accidents related to nature or catastrophic events. However, by its own nature, being these events or accidents impossible to predict on their intensity, origin or duration, RMD can only guarantee a risk diminish but cannot guarantee its total exclusion by the sole use of RMD products or services.

11. Personal Data

• The Customer is informed that RMD will use the personal contact details of the person appointed as responsible for this project, and any other details provided by the customer during the project execution. This information will be strictly used for this contract related purposes and remain strictly confidential.
• RMD are responsible for the management and use of data files, guarantees access, cancellation and opposition rights as per the Data Protection Act 2018, General Data Protection Regulations (GDPR).

12. Payment Terms

• Payment is due 30 days from receipt of invoice.
• A re-stocking fee will be levied on orders when the customer cancels the order after goods have been shipped.

 

Terms & Conditions of Sale above signed and accepted

Client
Signed	On Behalf of	Print Name	Job Title	Date

 

Robert M Donaldson Ltd
Signed	Print Name	Job Title	Date

 

Appendix: Warranty Terms

1. This warranty is limited to the first purchaser of the product only.
2. All goods delivered by RMD will be new (not previously used or pre-owned) and will comply with the specification defined in the contract, unless previously stated and agreed.
3. RMD provides a warranty on all supplied goods or services, against any defect of design, materials, construction or installation, as per the manufacturer’s warranty guidelines.
4. Repair or replacement of damaged, or faulty parts will be done by RMD´s personnel or its authorised representatives.
5. In the event of repairs/replacement of any part/s of the unit, this warranty will thereafter continue and remain in force only for the unexpired period of the warranty. Moreover, the time taken for repair/replacement and in transit whether under the warranty or otherwise, shall not be excluded from the warranty period. The specified replacement part will be covered by the warranty provided by the manufacturer.
6. The warranty does not cover any accessory external to the system.
7. The company’s obligation under this warranty shall be limited to the repair or substitution of part/s, which might be found to be defective as defined by the manufacturer.
8. This warranty service is not a guarantee of uninterrupted or error-free functioning of RMD service/product. Service does not include repair of failures caused by: misuse, negligence, accident, modification, improper maintenance by the Customer,
   damage due to causes beyond RMD’s control like lightning, abnormal voltage input, voltage transients or spikes, natural disasters or Acts of God, etc.
9. Replacement parts policy is on an exchange basis and substitution parts will either be new, equivalent to new or reconditioned.
10. Standard warranties can be extended assuming that an authorized service and preventive maintenance contract is agreed between both parties from the date of initial start-up