Terms & Conditions for Red Current Thermal Imaging
In these terms and conditions the following phrases have the following meanings:
a. Conditions - means the Terms and Conditions of Trading set out herein.
b. Contract - means the contract for the sale and purchase of Goods between Redcurrent Limited and the Customer, which includes Redcurrent Limited’s Quotation, and is governed by these Conditions.
c. Customer - means the person, firm, company or other entity whose Order for Goods is accepted by Redcurrent Limited.
d. Goods - means the goods, materials and any other items to be supplied by Redcurrent Limited to the Customer.
e. Order - means the Customer’s order for Goods which is accepted by Redcurrent Limited and is subject to these Conditions.
f. Quotation - means the quotation prepared by Redcurrent Limited, which may be provided by email, confirming the cost of the Goods and any special conditions agreed with the Customer.
Redcurrent Limited shall supply and the Customer shall purchase the Goods in accordance with the Order and the Quotation. These Conditions shall govern the Contract between Redcurrent Limited and the Customer and shall prevail over any other terms and conditions put forward by the Customer whether on purchase orders or otherwise.
a. The price of the Goods shall be the price set out in Redcurrent Limited’s Quotation based on current costs of production, which may be subject to change in accordance with Clause 3 b).
b. Unless otherwise agreed in writing, Redcurrent Limited reserves the right to increase the price of the Goods by giving notice in writing on or at any time after acceptance of Customer’s Order to reflect:
i. any rise in production costs due to any factor beyond Redcurrent Limited’s reasonable control;
ii. any change in order which is requested by the Customer and agreed to in writing by Redcurrent Limited; or
iii. any delay caused by the Customer.
4. Payment and Delivery
a. Payment terms shall be strictly 30 days from date of invoice which Redcurrent Limited may present at any time in advance, or on or after delivery of the Goods. Statutory interest shall apply to late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as may be amended from time to time).
b. Redcurrent Limited reserves the right to withhold delivery of the final report until full payment is received by the customer.
c. Redcurrent Limited reserves the right to require advance payment of a non-refundable deposit as a condition of agreeing to supply any Goods.
5. Redcurrent Limited’s Warranty and Liability
a. Redcurrent Limited warrants that it shall use reasonable care and skill in supplying the Goods in accordance with the Customer’s Order. This warranty shall apply in place of any implied warranties and all other warranties, conditions and other terms (express or implied, statutory or otherwise) are hereby excluded to the maximum extent permissible by law.
b. Where Goods are sold under a consumer transaction as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 (as amended), the statutory rights of the Customer are not affected by these Conditions.
c. Redcurrent Limited shall not be liable to the Customer for:
i. any loss of profit or business opportunities or any purely economic loss;
ii. any indirect, special or consequential losses, damages, costs or expenses whatsoever;
iii. any loss arising from third party claims;
iiii. any error, failure or delay in completing the Order.
d. Redcurrent Limited’s entire liability under this Contract (if any) shall be limited to rectifying any defects in the Goods, in so far as Redcurrent Limited is able to do so, and as are notified to Redcurrent Limited in writing by the Customer within 48 hours of receipt of the Goods, or to a refund of the amount paid to Redcurrent Limited by the Customer for the Goods.
6. Electronic Media
Redcurrent Limited accepts no liability for any viruses that are contained in electronic media or the effect they may have on the Customer’s business. It is the Customer’s responsibility to check any electronic media supplied with the Goods is tested by the appropriate diagnostic software for the presence of any computer viruses before use.
a. The digital image files captured during an inspection shall remain the property of Redcurrent Limited unless otherwise agreed in writing with the Customer.
b. Any copyright and design rights in relation to any artwork, images and physical materials resulting from the same which are originated by Redcurrent Limited as a result of an Order (including where the Customer’s own artwork or materials have been incorporated into the artwork, design or physical materials so originated) shall belong to Redcurrent Limited and the Customer shall only be entitled to reproduce, or authorise any reproduction of, such design or artwork whether in whole or in part with Redcurrent Limited’s authorisation following full payment by the Customer for the Goods.
8. Force Majeure
a. Whilst Redcurrent Limited will make all reasonable efforts to carry out the Customer’s instructions in accordance with the Contract, Redcurrent Limited shall not be liable if it is unable to carry out any provisions of these Conditions due to reasons beyond its control, including but not limited to Acts of God, war, riots, extreme weather, flood, power failure, strikes, fire, legislation, breakdown of machinery or being unable to secure materials, supplies or labour.
b. If any such events prevent Redcurrent Limited from performing the work for more than 14 days, Customer shall be entitled to terminate the Contract by written notice and shall pay for all work completed and materials used up to the date of such notice, but otherwise, shall accept delivery of the Goods when available.
a. Except as expressly stated in this Contract, a person who is not a party to this Contract may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
b. If any of the terms of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, this shall not affect the validity of all other terms, and the remainder of the term in question, which shall continue to apply.
c. Any failure by Redcurrent Limited to enforce or exercise any of its rights under this Contract will not mean that Redcurrent Limited waives those rights entirely or cannot enforce or exercise those rights at any time in the future.
d. This Contract makes up the entire understanding between Redcurrent Limited and Customer and supersedes any previous agreements, understandings, representations (except fraudulent misrepresentations) statements or other communications between the parties whether written or verbal. Customer confirms that it is not relying on any representations that are not contained in the Contract.
e. This Contract shall be governed by the laws of England and Wales.