Terms and Conditions

1 CONDITIONS RELATING TO ALL CONTRACTS

1.1 - General

These terms and conditions will apply to, and govern, any contract between RODI Services Ltd and the Purchaser. Any other terms, conditions, warranties or representations; whether made prior to, collateral with, or subsequent to, the contract are excluded. No additional items of any nature put forward by the purchaser, whether printed on the Purchaser’s documents or in any other form shall apply, unless they are separately brought to the notice of RODI Services Ltd and written acceptance is given by RODI Services Ltd.

1.2 - Contract Date

The contract shall become binding upon the parties only when RODI Services Ltd accepts an order from the Purchaser. Any quotation given by RODI Services Ltd shall be deemed to be an invitation and not an offer on the part of RODI Services Ltd.

1.3 - Cancellation

Orders placed and accepted cannot be cancelled except with the consent of RODI Services Ltd and on terms which will indemnify RODI Services Ltd against loss. Goods returned without the consent of RODI Services Ltd will not be accepted for Credit.

1.4 - Prices

The prices quoted by RODI Services Ltd are the prices at the time of quotation only, and the price to be paid shall, unless the contrary appears in the agreement between the parties, be the standard price ruling at the date of delivery, at the time of installation or at the time of carrying out a maintenance service referred to in the contract. All prices are ex-works and payable in sterling.

1.5 - Terms of Payment

Where the contract is less than £5000.00 (ex VAT) and does not specify other terms of payment the Purchaser, if in the United Kingdom shall pay 100% net no later than the twenty eight (28)days following the invoice date. If elsewhere, net cash against shipping document based on irrecoverable confirmed letters of credit through a London clearing bank.

Where the contract exceeds £5000.00 (ex VAT) and does not specify other terms of payment the Purchaser, if in the United Kingdom, shall pay 65% net with order, 25% net on delivery of equipment to site and 10% with completion of commissioning or not more than 30 days after delivery, what ever occurs first.

All annual service contract premiums shall be paid 100% twenty eight days from invoice date

1.6 - Overdue Accounts

The Purchaser shall be liable to pay interest at the rate of 21/2% over the Lloyds TSB Bank Plc base rate, calculated on a daily basis on all overdue accounts.

1.7 - Consequential Loss

RODI Services Ltd shall not be liable for any consequential loss or damage suffered by the Purchasers, howsoever caused; including loss due to delay, loss of production, loss of profits, loss or damage to other property or goods and death or injury to persons.

1.8 - Guarantee

a) RODI Services Ltd will accept liability for a period of (12) twelve months from the date of delivery, or where the goods or equipment are installed by RODI Services Ltd from the date of completion of installation, or where a service is being included by RODI Services Ltd from the date of such service, to make good any defects in goods supplied by, or equipment manufactured by RODI Services Ltd, which develop under proper use, as a result of faulty materials or bad workmanship in manufacture, subject to the following provisions:

1. The goods or equipment have been installed by RODI Services Ltd or installed in accordance with instructions given by RODI Services Ltd.
2. The goods or equipment have at all times been operated in accordance with RODI Services Ltd operating and maintenance instructions.
3. The nature of the input water or other governing data to the plant has not changed in comparison by a significant amount.
4. There has been no exchange or modification of the goods or equipment or the parts thereof after installation without prior agreement with RODI Services Ltd.
5. Supplies of regenerant chemicals have been maintained and used at the specified quality and concentration in accordance with RODI Services Ltd instructions.
6. None of the settings of the plant control gear (save controls designed for customers use) have been altered without written authority from RODI Services Ltd.
7. The plant has not been misused or damaged by external force.
8. That any complaint shall be notified in writing to RODI Services Ltd in the case of alleged defects within twenty-one (21) days of the alleged defect arising or being discovered by the Purchaser and in any event not later than twenty-one (21) days after the expiration of the guarantee period.
9. That the Purchaser shall prove to the satisfaction of RODI Services Ltd that the alleged defect is one covered by one or more of the provisions of guarantee, and RODI Services Ltd shall have sole discretion as to whether the equipment, or the part in question should be made available for inspection by an RODI Services Ltd representative at the Purchasers premises or whether the same should be returned, at the Purchasers cost, and risk to RODI Services Ltd. The Purchaser shall also be responsible for all costs of redelivery of an alleged defective part after examination and/or repair by RODI Services Ltd unless RODI Services Ltd, in its discretion, shall decide otherwise.
10. Notwithstanding the foregoing, permission in writing from RODI Services Ltd must be obtained before any goods or equipment is returned.
11. Site visits will take place at the intervals specified in RODI Services Ltd quotation or Service Contract proposal. RODI Services Ltd undertakes to give prior notice of each visit.
12. In addition to the cost of the service as specified in the quotation or proposal and Clause A4 hereof, an extra charge will be made for materials used during the visits, and where applicable, an extra charge will be made for hotel accommodation and any other expenses occurred.
13. The prices herein referred to are based on service work being carried out during normal working hours i.e. Monday to Friday inclusive but excluding bank holidays. RODI Services Ltd shall be entitled to make an additional charge in respect of any service work carried out outside these hours.
14. On satisfactory completion of each service visit RODI Services Ltd will provide for signature a report which the Purchaser shall ensure is signed by an authorised representative.
15. The Service Contract work to be carried out shall be in accordance with the Particulars and Specification which are attached to RODI Services Ltd quotation or proposal.

b) Save as aforesaid RODI Services Ltd accepts no liability for any goods provided or installation or services carried out by RODI Services Ltd

1.9 - Claims and Returns of Goods or Equipment

The entitlement of the Purchaser to any benefit of the guarantee shall be subject to the following conditions:

1.10 - Jurisdiction

These terms and conditions of sale shall be subject to and continued in accordance with English law.

2 CONDITIONS RELATING TO SUPPLY AND INSTALLATION OF GOODS

2.1 - Delivery

Every endeavour is made to deliver the goods on or before the estimated date of delivery, but no responsibility or liability will be accepted by RODI Services Ltd for delay caused in whole or in part by; strikes, lock-outs, works breakdown, fire, shortages of materials or labour, inabilities of sub-contractors, delay in approval of Engineered Drawings or any other events of whatsoever nature. When the price includes the cost of delivery to the Purchasers premises or nominated site clear access and space for receiving the goods shall be provided. RODI Services Ltd shall not be responsible for offloading or positioning goods and equipment into place, unless this is expressly specified and agreed.

2.2 - Storage

If RODI Services Ltd did not receive forwarding instructions sufficient to enable them to despatch the goods or equipment within fourteen (14) days after the date of notification that they are ready for despatch, the Purchaser shall accept delivery when tendered, or arrange storage. RODI Services Ltd shall be entitled to arrange storage either at their own works or elsewhere on the Purchasers behalf and notify the Purchaser of all charges for storage, insurance and conveyance, which shall be the responsibility of and invoiced to the Purchaser.

2.3 - Damage in Transit

RODI Services Ltd will only be responsible for damage or deterioration in transit when the contract price includes the cost of delivery to the Purchasers premises or nominated site, and even in that event only if the Purchaser notifies RODI Services Ltd in writing of such damage within ten (10) days of delivery.

2.4 - Installation, Testing and Inspection

In cases where RODI Services Ltd does not install the goods or equipment they will be prepared to give written advice about installation. If the presence on site of a representative of RODI Services Ltd is required for installation and/or commissioning RODI Services Ltd shall be entitled to charge thereof in addition to the contract prices. In cases where the contract price includes the cost of installation and/or commissioning and this is delayed without default on the part of RODI Services Ltd any additional cost to RODI Services Ltd during the period of installation or commissioning caused by the delay, shall be paid by the Purchaser in addition to the contract price.

2.5 - Passing of risk

The risk in Goods shall pass to the Customer when goods are available and tendered for delivery.

2.6 - Title

Irrespective of any provisions in the contract of these conditions as to risk all goods and equipment sold shall remain the property of RODI Services Ltd until these conditions have been fulfilled and RODI Services Ltd have been paid in full thereof. The Purchaser shall not endeavour to dispose of, or mortgage, or charge, or lend, or part with possession of the goods and equipment, other than in accordance with the agreed payment terms without the express written consent of RODI Services Ltd. In the event of the customer selling the goods he shall hold the goods until sale and gross profits of sale upon trust for RODI Services Ltd and shall until payment keep funds in a separate designated account.

3 CONDITIONS RELATING TO PROVISION OF AFTER SALE SERVICE

1. Site visits will take place at the intervals specified in RODI Services Ltd quotation or Service Contract proposal. RODI Services Ltd undertakes to give prior notice of each visit.
2. In addition to the cost of the service as specified in the quotation or proposal and Clause A4 hereof, an extra charge will be made for materials used during the visits, and where applicable, an extra charge will be made for hotel accommodation and any other expenses occurred.
3. The prices herein referred to are based on service work being carried out during normal working hours i.e. Monday to Friday inclusive but excluding bank holidays. RODI Services Ltd shall be entitled to make an additional charge in respect of any service work carried out outside these hours.
4. On satisfactory completion of each service visit RODI Services Ltd will provide for signature a report which the Purchaser shall ensure is signed by an authorised representative.
5. The Service Contract work to be carried out shall be in accordance with the Particulars and Specification which are attached to RODI Services Ltd quotation or proposal.