RHINO PERIMETER SECURITY LTD.
1.1 ”the Seller” means Rhino Perimeter Security Ltd T/A Rhino Security.
1. 2 “the Buyer” means the person, firm or company with whom this contract is made.
1.3 “the Contract Goods” means the goods subject of the contract between the Seller and the Buyer.
1.4 “the Price” means the price payable for the Contract Goods.
1.5 “the Site” is the property on which the Buyer has indicated the Contract Goods are to be installed.
1.6 “Hard Dig” is defined as requiring the use of mechanical equipment to excavate solid materials such as Concrete, asphalt and hard-core.
2. TERMS OF PAYMENT
2.1 Save where the Seller has otherwise agreed in writing, payment has to made in full when ordering the
2.2 The Seller reserves the right to charge Daily Interest at a rate 3% above the Base Rate of Midland Bank Plc. on all amounts overdue.
2.3 All title in the Contract Goods shall remain rested in the Seller until all money due to the Seller from the Buyer has been paid in full.
3.1 The prices quoted by the Seller are those ruling on the date of quotation. In the event of alterations in the supply and labour costs to the Seller, the Seller may pass on such increase to the Buyer provided that the Buyer is notified in writing at least fourteen days prior to the execution of the Contract. Following such notification the Buyer may withdraw from the Contract by giving written notice within seven days of the date of notification by the Seller. In the absence of such cancellation the Buyer shall be deemed to have accepted the revised Price.
3.2 If any quotation by the Seller expressly states that the Price is fixed for a specified period, then the Price is exempt from any increase during such period.
3.3 Prices are subject to correction in the event of errors or omissions.
3.4 Unless expressly stated otherwise, all Prices are exclusive of Value Added Tax which will be charged at the due rate applicable on the day of invoicing.
3.7 In the event of the Site surface being of “vibrated concrete”, or having reinforcing rods or mesh a surcharge of £20 per hole will apply. In addition if the Site conditions necessitate a Hard Dig of more than 12 inches (300 mm.) the Seller shall make a surcharge of £20 per hole. In the event of a Hard Dig in excess of 24 inches (600 mm.) the surcharge will be £40 per hole.
3.8 Notwithstanding any other provision of these terms and conditions the buyer shall, in addition to the Price, pay to the Seller in full and without deduction all additional costs incurred by the Seller by reason of, or arising out of:-
3.8.1- any defect in the ground conditions, or any unusual or adverse ground or other conditions affecting the Site.
3.8.2- the carrying out of any works required to make the Site suitable for the installation of the Contract Goods.
3.8.3- any failure on the part of the Buyer to afford full co-operation and uninterrupted access to the site on the due installation date, or to comply with its obligations herein.
4.1 Any time or date specified by the Seller is given and intended as an estimate only and is not of the essence. The Buyer shall not be entitled to rescind the contract by reason of any delay in the delivery of the Contract Goods, nor shall the Seller incur any liability for loss suffered directly or indirectly as a result of failure to make delivery on the specified date.
4.2 The Buyer shall ensure the provision of full and adequate access to the place of delivery, and all other facilities and services necessary to enable the Seller to make delivery and install the Contract Goods in accordance with the Buyers requirements.
4.3 The Buyer shall notify the Seller in writing of any loss or damage to the Contract Goods (supply only contracts) within such time as will enable the Seller to comply with the carriers conditions relating to loss or damage, or
within 3 days of delivery, whichever is the sooner. In the absence of such notice the Buyer shall be deemed to have accepted the Contract Goods.
5 RETURN procedure on goods supplied only
5.1 A carriage charge and 25% re-stocking charge will apply (excl. VAT)
6 BUYER’S OBLIGATION REGARDING THE SITE
6.1 The Buyer hereby warrants to the Seller that the Buyer is lawfully entitled to install the Contracted Goods, and that all the necessary planning permission, licenses and consents have been obtained, and that the installation of the Contract Goods will not contravene any statutory provisions or infringe any third party rights and in particular any Highways Legislation.
6.2 The Buyer shall advise to the Seller in writing full details of the location and route of services and conducting media running through, upon and over the Site. The Seller shall not be responsible for any loss, costs, claims, demands, damages, liabilities, or proceedings directly or indirectly arising through, or in the absence of such written advice except where it can be shown that the Seller has acted negligently or irresponsibly. The Buyer should be confident of their own level of insurance.
6.3 It is the Buyers responsibility to ensure that the Site is suitable in all respects for the installation of the Contract Goods. The Seller shall not be responsible for any loss, costs, claims, demands, damages, liabilities or proceedings by reason of the Site not being suitable and adequate for that purpose.
6.4 It is the Buyers responsibility to provide a suitable site or Skip for the disposal of waste material following excavation. Rhino Security can supply 1 ton ‘Hippo’ bags which will be up-lifted within 7 days but these are chargeable at £120 per bag collected.
7. PROPER LAW
7.1 The formation, interpretation and operation of this contract shall be governed by English Law and the Buyer submits to the non-exclusive jurisdiction of the English Courts.
8. SELLER’S WARRANTY
8.1 If within a period of twelve months of commissioning the Contract Goods the same require repair or replacement due solely to a fault in the Contract Goods or on account of faulty installation by the Seller, the Seller shall at its own cost repair or replace the Contract Goods provided that:-
8.1.1 the Seller’s liability shall be limited to the repair or replacement of the Contract Goods and not further or otherwise, and
8.1.2 for the avoidance of doubt the Seller will not be liable for any reason for any repair or replacement made necessary as a result directly or indirectly of any abuse of the Contract Goods or defect in the Site, or as a result of faulty or incorrect installation by an agent or contractor of the Buyer not approved by the Seller for the installation of the Contract Goods.
8.1.3 the Seller shall not be liable in any way whatsoever for any loss, damage or injury caused by accident or by any third party whether trespassers or otherwise.
8.2 The Contract Goods are designed to be a deterrent to unauthorized access but the Seller gives no warranty that the installation of the Contract Goods will prevent unauthorized access and save only to the extent that liability cannot lawfully be excluded the Seller shall not be liable for any loss or damage whatsoever arising out of or as a result of unauthorized access to the Buyer’s property or unauthorized interference with the Contract Goods.
9. LIMITATION ON DAMAGES
9.1 Save as provided in 7.1 the Seller, its agents or subcontractors shall have no liability under the contract for any personal injury, death, loss or damage of any kind whatsoever whether consequential or otherwise including, but not limited to, loss of profits and so far as the law permits the Seller hereby excludes all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which, but for such exclusions might subsist in the Buyers favour.
9.2 Neither the Seller, its servants agents or subcontractors shall be liable for any loss or damage of any kind whatsoever (except arising from death or personal injury) whether consequential or otherwise caused directly or indirectly by any negligence on the Seller’s part or on the part of any of the Seller’s servants, agents or subcontractors in connection with or arising out of the manufacture, supply or installation of the Contract Goods.
10. DECORATIVE FINISHES
10.1 The Seller does not undertake, and the quotation does not include for, the installation or re-instatement of any decorative finishes