Terms & Conditions
Terms and Conditions of Sale
All orders for products and services on the Rico website are accepted by Rico Industrial Services Ltd (Rico) subject to these terms and conditions of sale. No other terms will apply to the supply of products Rico unless agreed in writing by an authorised signatory of Rico or expressly stated otherwise in these terms and conditions of sale.
All descriptions of the products and services contained on the Rico website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between Rico and the Customer. Rico shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of products and services on the Rico website is not an offer capable of acceptance; it merely constitutes an invitation by Rico for the Customer to make an offer to purchase products and services.
These terms and conditions of sale do not apply to export transactions, to which separate terms and conditions of sale apply.
Rico is a business-to-business supplier. The Rico website is intended for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
The prices of the products and services are as set out on the Rico website at the date of despatch of the ordered products or the date of provision of the ordered services. Up-to-date information can be found at http:// www.ricoservices.co.uk. Products which are not stocked by Rico will be sold at the prices set out in the relevant quotation supplied by Rico. All prices exclude VAT, which Rico will add at the rate applicable at the date of order despatch. Rico reserves the right to change prices without prior notice at any time.
Rico reserves the right to decline to trade with any company or person. In addition, Rico may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by Rico of the order.
Rico executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when Rico next has available stock or be cancelled.
The Customer must submit orders using the Rico stock numbers and the priced units used on the Rico website and must specify which delivery option is required. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 11 will apply.
Rico will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out on the Rico website current at the date of order or will be notified to the Customer at the time of order. Up-to-date information can be found on http:// www.ricoservices.co.uk. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.
Times and dates for delivery quoted on the Rico website or by Rico's employees are approximate only and Rico shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
If any delivery is late, the Customer must notify Rico, and Rico will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. Rico may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable Rico may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
5. Inspection, Delivery Delays and Non-Delivery
The Customer must refuse parcels delivered to it in a damaged condition. Failure to do so will indicate that the goods have been accepted as recieved in good condition and no subsequent claim for damage can be considered.
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 7 days of the date of delivery or, in the case of clause iv, the due date for delivery, give notice to Rico in detail of:
i. Any defect in the product. In this case Rico shall, at Rico's discretion, replace the products or refund the purchase price.
ii. Any shortfall in products delivered. In this case Rico shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
iii. Any delivery of products not in accordance with the order. In this case Rico shall, at Rico's discretion, replace the products or refund the purchase price;
iv. Any non-delivery of the products (in which case the time limit is within 7 days of the estimated despatch date). In this case Rico shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. Rico's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Rico shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
If Rico has not granted credit to the Customer, payment terms are immediate payment with order.
Credit terms (subject to satisfactory references and at Rico's absolute discretion) are available. If credit has been granted, the Customer shall pay the price of the product within 30 days of the date of invoice. All payments must be made without any set-off, deduction or counterclaim.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
i. all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
ii. Rico may apply a compensation charge as an estimate of administrative and other wasted costs incurred by Rico to the Customer of £40 for outstanding sums up to £999.99: £70 for outstanding sums between £1,000 and £9,999.99 and £100 for outstanding sums of £10,000 or more; and
iii. Rico may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 per cent per annum above the Bank of England base rate as set at 31 December for the period 1 January to 30 June inclusive in the following year and as set at 30 June for the period 1 July to 31 December inclusive, compounded monthly.
7. Risk and Ownership
Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of all products supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts owing to Rico has been made (in cash or cleared funds). If the Customer is late in paying any sum to Rico, then Rico shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises Rico and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by Rico shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or Rico's right to sue for the whole of the price.
8. Product and Availability Information
Rico reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any Rico catalogue.
Unless otherwise confirmed, nothing in any Rico catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
For products purchased from Rico: Rico warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to Rico within 12 months of the original date of despatch, or such other longer period as may be indicated by Rico for specific products from time to time in writing.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Rico. The Customer must return or dispose of the products, or make them available for collection by Rico, in accordance with Rico's instructions and suitably packaged. All orders are accepted by Rico subject to the Terms and Conditions of Sale set out below:
The Customer must contact Rico to notify Rico of the return of any products prior to returning any products. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, Rico may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by Rico shall become the property of Rico. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.
The remedies set out above shall be Rico's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). Rico will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Rico by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
10. Limitations of Liability
Rico shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the Rico technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
Rico shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between Rico and the Customer, or of any order accepted by Rico; (ii) any duty of any kind imposed on Rico by law arising out of or in relation to the contract between Rico and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.
Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of Rico for death or personal injury caused by the negligence of Rico or its employees, agents or sub-contractors, or for fraud.
11. Cancellations and Returns
The Customer may not cancel orders once accepted by Rico. Rico may, at its discretion and in writing, allow an order to be cancelled subject to Rico recovering from the Customer the costs incurred by Rico. In the event of cancellation of part of any order only, Rico may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
The Customer may only return products to Rico, and receive a credit or refund and on the following conditions:
i. The Customer must contact Rico prior to the return of any products and obtain the prior consent of Rico and obtain a returns number (to be quoted on all returned paperwork);
ii. Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to Rico in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to Rico adequately packed and despatched freight prepaid, clearly labelled to: Rico Industrial Services, Unit 4 Henry Edwards Industrial Estate,Boraston Lane, Tenbury Wells,Worcestershire,WR15 8LE.
iii. The Customer must follow any specific instructions which they receive via the Rico website or other communication regarding any product and its return to Rico;
iv. The Customer must quote the invoice details or the Rico reference number from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and
v. For products returned due to Customer error or no longer required and returned in accordance with (i) - (iii) above a £ 15 handling charge will be applied.
Where the Customer returns products to Rico not in accordance with (i) - (iii) above (for example, after 30-days from the date of despatch or in an unfit state) Rico will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out on the Rico website).
This returns policy excludes calibrated products, production packaging products, non-catalogue products, extended range products and specially manufactured products.
Rico accepts no responsibility for any loss of or damage to products in transit from Customer to Rico or for any items received by Rico with them.
12. Force Majeure
A force majeure event is any event beyond the reasonable control of Rico (including strikes, traffic congestion, the downtime of any external line, or Rico's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Rico is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then Rico shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, Rico may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
13. Rights in the Catalogue
The Customer acknowledges that Rico and its licensors own the intellectual property rights in the Rico website, the Rico catalogues, the catalogue content and the stock numbers, and that their whole or partial reproduction without Rico's prior written consent is prohibited.
Product images are for illustrative purposes only and may differ from the actual product.
15. Law and Jurisdiction
The contract between Rico and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice inEngland, but Rico may enforce the contract in any court of competent jurisdiction.
Rico Industrial Services Ltd 2013