TERMS AND CONDITIONS OF PRODUCT SALE

1.  Object 

The following general terms and conditions apply to all products 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 Force Majeure (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 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 is required prior to commencement/continuation of works. 

 

5. Cancellations and Delays 
 

  • The terms & conditions 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 an additional charge. In any such case, an additional PO must be provided prior to the delivery being re-scheduled. 
  • Any delay caused by the customer not being able to take delivery will incur a failed delivery charge. 
 

6.  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. 
  • The product manufacturer provides the warranty on all supplied goods against any defect or failure. RMD will provide the warranty on all services against any defect or failure. 

 

7.   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. 

 

8.  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. 

 

9.  Personal Data 

 

  • The Customer is informed that RMD will save contact details within the company’s CRM database, and 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). 

 

10.  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 by: 

 

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. The product manufacturer provides the warranty on all supplied goods against any defect or failure. RMD will provide the warranty on all services against any defect or failure.. 
  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.