Terms & Conditions
A Definitions
1. “The Client” is the person (or persons) who accepts the Quotation (where more than one they are jointly and severally liable)
2. “The Quotation” is set out in our Quotation which details the Goods and Services to be provided to the Client. Quotations are based on current prices and valid for 30 days, thereafter they may be changed without notice to the Client at any time before acceptance.
3. “The Services” are those set out in the Quotation.
4. “The Goods” are any products which are required for the Services and are set out in the Quotation.
5. “Rigit UK” is Rigit Mast and Rigging UK Ltd, company number 12408572 and registered office at C/O KHAN MORRIS ACCOUNTANTS LTD EMPRESS HEIGHTS College Street SO143L
B Price and payment
1. The Price for the Goods and the Services is set out in the Quotation provided to the Client in writing prior to the commencement of the Services. The Price includes delivery of the Goods and Services to the Client’s address as it appears in the Quotation. Additional Fees (such as storage, transport and labour) may be levied if delivery is prevented or delayed by the Client. Rigit UK is registered for VAT and this will be added at the prevailing rate from time to time.
2 The Client will pay a non-returnable deposit before commencement of the Services or supply of the Goods and the remainder of the Price, will invoiced on completion of the Services, as detailed in the Quotation.
3. The Price and, where applicable, any expenses, shall be the Fees of Rigit UK.
4. ADJUSTMENTS
4.1 Rigit UK reserves the right at any time prior to delivery of the goods to adjust the Price to take account of any increase in the cost of raw materials, parts, labour and services or any currency fluctuations affecting the cost of imported materials and products.
ESTIMATES
4.2 When Rigit UK gives an estimation or indication of the Price it exercises skill and judgment in doing so. Such estimates are based on the information available at the time and do not include the costs of additional labour, goods or other works found necessary to complete the work or any extension to the work comprised in the estimate.
4.3 Rigit UK will inform the Buyer promptly of any proposed increase in estimated Price and will only proceed with the written consent of the Client.
5. Rigit UK accept NO retentions from any Fees payable by the Client in any circumstances.
C Rearrangements of the Services and Cancellation of Services:
1. The Services can only be rearranged or cancelled in writing or by email to email subject to the matters set out in this clause.
2. If Rigit UK cancels the Services, Fees for any of the Services paid by the Client in advance will be repaid to the Client within 14 days of cancellation. Any Fees paid for Goods, or Services already purchased and/or delivered will not be refunded. No further refunds, sum or compensation will payable to the Client by Rigit UK arising from such cancellation.
3. If the Client seeks to rearrange any Services booked reasonable notice is required in writing or by email. Please note the fees set out in Clause C5 below
4. If the Client seeks to cancel the Goods and/or the Services all Fees for any Goods and/or Services (whether ordered, purchased or delivered at the time of cancellation) shall be payable by the Client in any event.
D Returns and Complaints – for FAULTY Good and Services
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Unless faulty, no RETURNED goods will be accepted by Rigit UK unless agreed in writing, and a charge for carriage will apply to any Goods agreed to be returned.
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The Client is under a duty to inspect the Goods and the Services provided on delivery or on collection after completion of the Services. The Client will be asked to sign a Completion Statement confirming the inspected quality of the Goods and Services rendered.
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Rigit UK shall be under no liability for any defects or shortages that would be apparent on careful inspection if a Completion Statement has been signed by the Client and, in any event Rigit UK will be under no liability whatsoever for any defect or shortfall if a written complaint is not delivered in writing or by email to EMAIL within 28 days of delivery detailing the alleged defect or shortfall.
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In all cases where defects or shortages are complained of by the Client, Rigit UK shall be have no liability unless an opportunity to inspect the Goods and Services complained about is provided to Rigit UK before the Goods supplied are used by the Client or any alteration or modification to the Goods or Services supplied is made by the Client.
E Warranties and Guarantees
1. Rigit UK will provide 12 months parts and labour warranty on Goods and Services provided.
2. This warranty applies only to Goods and Services delivered in the UK.
3. Rigit UK’s obligation under the warranty shall be limited, at its option, to repairing or replacing any part which under normal and proper use and maintenance proves to be defective within 12 months of the original delivery date.
4. The warranty does not cover
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Products or parts subject to misuse, abuse, overloading, power surges, alteration, neglect,
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Damage, fire, flood, Acts of God or operation outside accepted normal conditions.
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Any product or part that has been attended to by a non-authorised installation or service person which in Rigit UK’s opinion may have had an adverse effect of the product or its operational stability.
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Any additional damage caused by the delay or failure by the Client to notify Rigit UK of an existing defect.
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Consequential loss or damage; cost of repairing or replacing other property which is damaged, loss of time, loss of profits, potential profits, loss of goodwill or any other incidental damage of any kind.
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Cleaning or general maintenance of the equipment.
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Products where the Client has not properly maintained or cleaned the equipment in accordance with the instructions, literature or directions issued by Rigit UK or the manufacturer, such as failing to clean the equipment on a regular basis.
5. The warranty may be varied from time to time at the Rigit UK’s discretion and without prior notification.
6. This warranty does not affect any other statutory rights or obligations of the Client or Rigit UK.
F General Conditions
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Signature of the Quotation supplied, or email instructions to progress with the Goods and Services following receipt of the Quotation by the Client will constitute an acceptance in full of these Terms and Conditions.
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Where requested and agreed in writing the Client will allow Rigit UK full access to their site for the delivery and maintenance of the Goods and Services.
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The Services supplied shall be provided from the date, at a location and for a period of time agreed in writing from time to time. The Services shall terminate when they are completed, and all payments have been made in full. Variations to the Services may only be agreed in writing and may give rise to additional charges and increases to the Price. No person has authority on behalf of Rigit UK to vary terms and conditions except a Director of Rigit UK, and then only in writing, signed and dated by the Director.
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Rigit UK shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only, and time is not the essence of the contract.
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The Fees will be paid after invoices rendered from time to time. Payment terms are on invoice, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are re - commenced.
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Rigit UK reserves the right to require all Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing by us.
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Retention of title:Notwithstanding delivery, any use by the Client, full or partial installation, or/and the passing of risk; property in and title to any Goods shall remain with Rigit UK until they have received payment of the full Price of (a) all Goods and/or Services the subject of this contract and (b) all other Goods and / or Services supplied by Rigit UK to the Client under any contract whatsoever. Payment of the full Price shall include costs and any interest due for late payment where applied by Rigit UK.
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If payment is not made, and notwithstanding the Retention of Title provision in the above clause, Rigit UK reserves the right to charge an administration fee of £70 to late payments together with interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
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Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. Rigit UK ‘s privacy statement can be viewed on our website.
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Unless otherwise agreed in writing, the property, copyright or any other intellectual property rights in any designs or materials produced by Rigit UK to deliver the Goods or Services shall remain ours. They may not be copied or used without our written permission.
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Rigit UK’s liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL.
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Rigit UK will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made the Client may only be entitled to a refund of the Fees or part of the Fees. In respect of any other direct losses (in Contract or Tort) the total liability of Rigit UK will not exceed £1,000,000.00 (one million pounds)
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Nothing in these Terms will exclude or limit liability for death or serious injury caused by Rigit UK's negligence.
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Rigit UK will not be liable for any loss whatsoever attributable to the failure of the Client (its employees, representatives or agents) for the wrongful use or operation of any Goods provided by Rigit UK, whether installed by Rigit UK or not.
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The Services may be terminated if payment of the Fees is not made in accordance with these terms, or if the Client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing, or the Client makes any statements or behaves in any way or requests Rigit UK to undertake any actions that are discriminatory, illegal or immoral, or if the Client enters into any form of insolvency arrangement or suspends its business. Upon termination, the Client shall immediately pay any outstanding sums to Rigit UK.
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Rigit UK shall not be liable for any breach of contract due to force majeure.
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Nothing in these terms are intended to create a partnership or joint venture between Rigit UK and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
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These terms and any dispute arising from them shall be governed by the laws of England and Wales.