Terms and Conditions of Contract
General.
Contracts & Orders are only accepted subject to the following terms and conditions. Any qualifications of these conditions on a buyers form must be deemed inapplicable and these terms and conditions shall in all circumstances prevail.
Reservation of title.
Goods will remain the property of Red Rhino Crushers Ltd, until paid for in full.
New Equipment.
All reasonable precautions are taken by us to ensure excellence of materials and workmanship. Should any defect in materials or workmanship arise within 12 months of the date of collection from or delivery by Red Rhino Crushers Ltd or 1000 hours usage, whichever occurs first, in any part of any product manufactured by us, the defective part should be forwarded to our works within 14 days of the date of failure, carriage paid, and clearly marked with a Red Rhino Crushers Ltd warranty reference number, when we undertake to repair or replace the part free of charge. The warranty excludes those consumable items listed in the Operation Manual. Red Rhino Crushers Ltd may actuate the repair, or provide compensation in the form of a credit note only, for labour incurred in actuating the repair. In all cases, a credit note for labour will only be provided for the replacement or repair of the defective part(s) and in accordance with the time allowances detailed in the Red Rhino workshop manual, and limited in all cases to the Red Rhino Crushers Ltd standard hourly rate. In the event of a buyer preferring our personnel to change the defective items(s) on site, rather than returning them to our works as above, a charge will be made for this service at our standard rates. Our responsibility is limited in all cases to the repair or replacement of the defective parts(s), and no allowance will be made for consequential damage or any other expense, costs, or losses, including profit. This guarantee does not apply to defects caused by accident, misuse, neglect or wear and tear, and we cannot recognize any liability, in cases where alterations or modifications have been executed or replacement parts fitted of other than those approved without prior knowledge and consent in writing from Red Rhino Crushers Ltd. At the termination of the period of warranty all liability on the part of Red Rhino Crushers Ltd will cease. Where we supply goods not of our own manufacture the purchaser is entitled to the benefit of any guarantee given to us by the manufacturer concerned. Any liability on the part of Red Rhino Crushers Ltd is subject to the terms of payment and to the implementing of the other obligations to us under the contract. The warranty is subject to: adherence to the routine maintenance procedures as detailed in the Operation Manual, the use of genuine Red Rhino parts and approved lubricants; adherence to the service schedule as detailed in the Operation Manual; servicing undertaken by Red Rhino Crushers Ltd or an approved service agent; the timely mandatory receipt of all warranty registration forms and required original service and warranty documentation; adherence to the warranty claim procedure as detailed in the Operation Manual; and adherence to the conditions of use and function as detailed in the Operation manual. Outputs of machinery quoted are theoretical and a guide only, they do not constitute a guaranteed output; this could vary, by the type of material used, loading equipment used, jaw setting, and familiarity of the loading operator. By signing an order form customers acknowledge that they have witnessed a demonstration and confirm that the equipment purchased is suitable for their need.
Repair work.
Whilst every care is taken with the repair of machines or parts or the supply of replacement parts Red Rhino Crushers Ltd accept no liability in respect thereof, except that if within twelve months of purchase, or 1000 hours (whichever occurs first), a new part of our manufacture proves defective in material or workmanship, and is returned to our works carriage paid, we will replace it free of charge. No liability shall be attached to us where repairs cannot reasonably be effected, or where, following partial repair, a fault or breakdown occurs in the parts or portion not repaired. Modifications, alterations, or the use service parts, consumables or lubricants which are not genuine or recommended will invalidate any warranty.
Prices.
Under present conditions all prices are subject to alteration without notice, and are subject to confirmation by us on receipt of acceptance. We reserve the right to amend the prices quoted in the tender or estimate after acceptance of your order in respect of the following contingencies:
(a) Alteration of design at customers request. (b) Suspension of work on customer’s instructions or failure to give instructions. (c) Increased cost of labor, materials and service.
(b) Drawings etc. All layouts, illustrations etc. are intended to give a general outline of our proposals and are not binding as to details or to final size or arrangements. All drawings are supplied on the express terms that they are to be treated as private and confidential and are not to be copied or communicated to a third party without our written consent. All dimensions, weights, powers, capacities or other particulars of equipment or other goods are given approximately unless otherwise stated, and minor deviations therefrom shall not be deemed a breach of contract.
Cancellation.
Cancellation by the buyer of any order or contract shall only take place with our written consent. Where the purchaser shall cancel a contract he shall be liable to indemnify us against any losses, including loss of profit, which we may incur in respect of bought parts or machinery and for any expenses incurred by us in conjunction with disposing or re-selling of cancelled items.
Terms of payment.
20% with order, remainder (cleared funds) 5 days prior to collection from our works. Any other terms agreed different to this will be stated on the mutually authorized Purchase Order Confirmation form(s). Customers will be notified of the availability of their order and full cleared funds are required within 5 working days of notification.
Damage in transit.
Where we organize transport and in the event of a non-delivery we must be notified within 3 days of the date of dispatch note, otherwise we cannot accept any responsibility.
Delivery.
While every effort is made to effect delivery at any prescribed time we cannot accept liability for any loss or expense arising from delay in delivery. All contracts are subject to strikes, lock outs war, fire, accidents, transshipping, shipping delays, dock or port delays, document errors or delays, or any other causes beyond our reasonable control. Delivery is ex works and chargeable unless otherwise arranged. Where delivery is included in the price, the buyer will be responsible for the taking of delivery at the place appointed. The buyer will be responsible for the unloading and taking of delivery of the goods from the lorry or other vehicle on arrival at such point. Should the buyer fail to take delivery or unload at the appointed time, the buyer will pay all expenses or losses incurred thereby.
General liability.
Our liability shall be limited to the obligations imposed in these terms of business, and we shall not be liable for any loss due to stoppage of plant, machinery or apparatus of any description or any consequential damage or loss, direct or indirect, however caused. Upon signing of this order the customer accepts all liability for ensuring that the unit is operated and transported in accordance with all laws and regulations of the United Kingdom, and/or the laws of any country in which the unit is to be operated. Red Rhino Crushers Ltd shall not be held accountable for any breach of these laws and regulations, and their role is limited to guidance only. The purchaser shall indemnify Red Rhino Crushers Ltd against any losses or harm in respect of any breach of these terms.
Arbitration.
If at any time any difference or dispute other than an action for payment of sums due to us under the contract, shall arise, reference shall be made to an arbitrator, and this shall be deemed to be a submission to arbitration within the meaning of the arbitration act 1950.or any modifying statute.
Legal Construction.
All contracts shall be construed and operate as English Contracts under English Law.
Registered in England No: 5159640; Reg Office: Riverside House, 44 Wedgwood Street, Aylesbury, Buckinghamshire HP19 7HL
