All orders for products and services in the RS catalogue are accepted by RS
Components Limited (RS) subject to these terms and conditions of sale. No other
terms will apply to the supply of products and services by RS unless agreed in writing
by an authorised signatory of RS or expressly stated otherwise in these terms and
conditions of sale.
All descriptions of the products and services contained in the RS catalogue or
otherwise communicated to the Customer are approximate only and shall not form
any part of the contract between RS and the Customer. RS shall not be liable to the
Customer for any errors or omissions in its catalogue. The advertising of products
and services in the RS catalogue is not an offer capable of acceptance, it merely
constitutes an invitation by RS for the Customer to make an offer to purchase
products and services.
Products with the format 25xxxxxxxx are not stocked by RS (Extended Range
products). Any clauses in these terms and conditions of sale expressly stated to be
in relation to Extended Range products will prevail over any inconsistent provisions
elsewhere in these terms and conditions of sale.
These terms and conditions do not apply to export transactions, to which separate
terms and conditions of sale apply.
RS is a business-to-business supplier. The RS catalogue 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 price of products and services are those set out in euro in the Radionics Catalogue that is current at the date of despatch. Prices quoted verbally are not binding. Whilst Radionics will try to maintain the prices quoted in the current Radionics Catalogue (including for suspended orders and backorders), Radionics reserves the right to effect changes without prior notice at any time before despatch. In the case of superseded products, the price charged shall be the current price of the replacement product.
All prices exclude VAT, which Radionics will add at the rate applicable at the date of despatch. There is a minimum charge of €25.00 per order (excluding VAT), although Radionics reserves the right to waive this for Account transactions or to apply a service charge. The pricing shown on the invoice is definitive, errors and omissions excepted.
The advertising of products and services in the Radionics Catalogue merely constitutes an invitation to treat. Radionics reserves the right to decline to trade with any business entity or person. In addition, Radionics may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer within a reasonable period of receiving the order. If Radionics declines to accept an order where payment has been received, Radionics will refund the payment. Despatch of products is deemed to be confirmation of order acceptance.
Radionics executes orders to the Customer’s exact requirements, and does not substitute one product for another unless instructed to do so, or unless the product has been superseded. To the extent that orders cannot be met completely from existing stock, the unfulfilled balance may be cancelled at Radionics's discretion and the appropriate refund will be made.
All tenders and quotations issued by Radionics shall be treated as invitations to treat and may be withdrawn at any time before Radionics accepts any order from the Customer. Prices specified on tenders or quotations are only valid for 30 days from the date thereof, unless otherwise expressly stated therein.
Radionics reserves the right to require the customer to confirm telephoned or faxed orders. All conformations must be marked "CONFIRMATION ONLY" to avoid duplication. Customer orders must state.
Minimum order quantities apply to some Global Range products published in the website version of the Radionics Catalogue. Global Range products cannot be returned under any cicumstances other than warranty.
A handling charge will apply in accordance with clause 11 to all goods returned because of duplication or the ordering of the wrong SSM.
Radionics will endeavour to achieve same day despatch of product orders accepted by Radionics (subject to stock availability), except for products being supplied with a calibration certificate which may take longer to despatch. Radionics will normally only deliver to the Customer’s usual business address as notified to Radionics by the Customer. Delivery shall be deemed to have taken place when the products have been delivered to, or delivery has been tendered to, the Customer (or the Customer’s agent or nominee).
Radionics shall use reasonable endeavours to effect delivery on or before any promised delivery dates or within any delivery periods agreed, but all such dates and periods are estimates only and Radionics will not be liable for any delay in delivery. Where the products are to be delivered by instalments over a period, the instalments will be reasonably apportioned at Radionics’s sole discretion over such period taking into account so far as is reasonably practicable delivery dates requested by the Customer. In any event Radionics may at its option elect to effect partial delivery of any products unless otherwise agreed with the Customer to the contrary.
Where delivery by instalments is agreed, each instalment shall constitute a separate contract, so that any defect in any one or more instalments shall not entitle the Customer to repudiate any other instalments. If the Customer fails to take delivery of the products, then Radionics may at its sole option and without prejudice to any of its other rights or remedies effect delivery of the products by whatever means it thinks most appropriate, at the Customer's risk and expense.
Where an order consists of both RS Range products and Global Range products it will be deemed to be two separate orders and two separate delivery charges will be applied.
While Radionics will aim to deliver within the lead times shown for Global Range products published in the website version of the Radionics Catalogue, these lead times are approximate only.
A schedule of standard and special delivery methods, including the related delivery charges, is available on request. The delivery charges are exclusive of VAT. A standard delivery charge is applied per order provided the method of despatch is determined by Radionics. Additional costs arising from the Customer’s special requirements are subject to additional charges which, on request, are available in advance.
Forward Orders: Forward Orders are limited to a 12 month period from the date of the order and to a maximum of 12 deliveries within the 12 month period.
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of delivery, give notice to Radionics in detail of:
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.
The remedies set out above are the Customer’s exclusive remedies for non-delivery, late delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. Where the Customer owes sums to Radionics, Radionics can refund by way of credit note. Radionics shall not be liable for any losses, consequential or otherwise, arising from non-delivery or late delivery.
All payments must be made without any set-off, deduction or counterclaim. Payment against Account transactions is due by 20th of the month following the month in which the products are despatched. Interest will be applied on a daily basis on all unpaid invoices that exceed the maximum credit period. The applicable rate shall be the European Central Bank rate plus seven percent.
Unless otherwise agreed in advance, payment should be made by euro denominated cheque, drawn on an account domiciled in the Republic of Ireland. All charges associated with any other payment method shall be at the expense of the Customer, i.e. the amount paid net of clearing charges will be credited to the Customer's Account.
Credit and purchase card transactions are processed on the date of despatch of the products.
Risk of loss or damage to the products shall pass to the Customer on delivery. The property in the products shall not pass to the Customer until all sums due to or owing to Radionics by the Customer on any account have been paid and, until payment, the following provisions shall apply. Except where full payment has been made in cash, the whole of the price shall not be treated as paid until any cheque or other instrument of payment given by the Customer has been met on presentation or otherwise honoured in accordance with its terms. If the Customer defaults in the punctual payment of any sum owing to Radionics, then Radionics shall be entitled to the immediate return of all products sold by Radionics to the Customer in which the property has not passed to the Customer. The Customer hereby irrevocably authorises Radionics and its employees and agents to recover the products and to enter any premises of the Customer for that purpose. Demand of or recovery of the products by Radionics shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or Radionics’s right to sue for the whole of the price.
Unless otherwise stated, electrical ratings represent safe working limits. Dimensions and other physical characteristics are subject to normal commercial tolerances. Products which will be available only until stocks are exhausted will be indicated in the Radionics Catalogue. However, Radionics 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. Where possible, future design changes will be indicated in the Radionics Catalogue and such changes may take place during the life of the Radionics Catalogue. Radionics recommends that the Customer verifies dimensions and other data published in the Radionics Catalogue, together with future availability, before incorporating products into designs or for other critical purposes.
Where the Customer intends to supply the product to any other person, the Customer shall ensure that all warnings, labels, instructions, manuals and other information in respect of the products or their use which are supplied with the products are not lost or damaged in any way whilst the products are in its possession or under its control and that they are supplied with the products when the Customer releases them from its possession or control.
Unless otherwise confirmed, nothing in the Radionics 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 Radionics: Radionics warrants that if defects appear in products, under proper use, it will, at its option, replace or repair the product or, if this is not possible, refund the purchase price. This warranty is subject to a claim being made in writing to Radionics within 12 months after the original date of despatch, or such other period as may be indicated by Radionics for specific products from time to time.
For services purchased from Radionics (as referred to in clause 13): Radionics warrants that it will, at its option, either rectify defectively serviced products or, at its sole discretion, supply to the Customer free of charge a substitute product in place of the defectively serviced product, subject to the Customer submitting to Radionics a written claim specifying the defect and returning the product to Radionics within 3 months of the date of the invoice or such other periods as may be indicated by Radionics for specific products from time to time.
These warranties are also subject to the products or parts to which the claim relates being returned to Radionics within the applicable warranty period suitably packaged, carriage paid and, where relevant, in accordance with any particular instructions which Radionics may have notified to the Customer at the time of supply. Returned products or parts must be accompanied by an advice note stating the original invoice number in respect of the products or services and the nature of any claimed defect, together with such further information as Radionics may at the time of supply have stipulated.
Where the Customer returns products otherwise than in accordance with these warranty provisions, Radionics may refuse such products and return them to the Customer at the cost of the Customer.
Any products or parts which are replaced by Radionics shall become the property of Radionics.
This ‘Warranty’ paragraph sets out the Customer’s exclusive remedy in respect of defective products and services. Save as expressly provided in these conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law and Radionics will not be liable to the Customer for any loss 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 Radionics by operation of law. The Customer acknowledges that it is responsible for ensuring that the products it orders are fit for the purposes for which it intends to use them.
Decisions for the selection and use of products remain the responsibility of the Customer, and exclusively involve the Customer's subjective knowledge and judgement. Therefore Radionics shall not be under any liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to Radionics’s negligence or that of its employees, agents or sub-contractors.
Radionics shall not be liable for intellectual property rights infringement, 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:
If, notwithstanding clauses 9 and 10, any liability attaches to Radionics, Radionics’s liability to the Customer in respect of one or more of
Nothing in this clause 10 shall exclude or limit the liability of Radionics for death or personal injury caused by the negligence of Radionics or its employees, agents or sub-contractors, or for fraud.
The Customer may only return products to Radionics, and receive a credit or refund, on the following conditions:
This returns policy does not apply to Global Range products which are non stocked products. Software or products containing software, videotapes or books cannot be returned under any circumstances.
Products accepted for return will be credited at invoice value, subject to the following handling charges. If product packaging is unopened a 10% minimum handling charge will apply with a minimum charge of €20.00. A higher rate may be levied where: the product is returned outside this period; where product packaging has been opened or damaged but the product remains in an unused condition; or where the quantity of product ordered required special provision.
The Customer may not cancel orders once accepted by Radionics. Any cancellation or part cancellation of an order by the Customer will only be accepted on written agreement with Radionics, the terms of which will indemnify Radionics against any expense incurred by Radionics. In the event of part cancellation Radionics may invoice the Customer for any difference in selling price per unit applicable to the quantity despatched up to the time of cancellation compared to the quantity ordered.
All services advertised in the Radionics Catalogue (servicing, repair, calibration, re-calibration, eprom programming and software updates) will be carried out in accordance with Radionics’s standard conditions for such services, a copy of which is available on request. The standard conditions for services will apply in addition to the provisions set out in these conditions of sale.
If the Customer breaches any provision of these conditions of sale or of any provision of the contract between Radionics and the Customer or shall be adjudicated bankrupt or have a receiving order made against it or, if a company, shall have a receiver or administrator appointed of all or any part of its assets or undertaking or if a petition shall be presented or a resolution passed to wind-up the Customer or if the Customer shall be in arrears with any sum due and payable by it to Radionics or in the opinion of Radionics is unable to pay its debts as they fall due for payment, then (without prejudice to any other rights or remedies available to Radionics):
i. the price of and all other sums payable in respect of the products or services which are then outstandingshall become immediately due and payable; and
ii .Radionics may on notice effective immediately terminate all or any part of all or any contracts and/or suspend or cancel deliveries under them.
The Customer acknowledges that Radionics and its licensors own the copyright in the Radionics Catalogue and all materials and works set out in them, and that their whole or partial reproduction without the prior written consent of Radionics is prohibited.
Radionics will not be in breach of its contract with the Customer for any delay in performing, or failure to perform, its obligations under these conditions of sale if that delay or failure was due to any cause or circumstance beyond Radionics’s reasonable control or by its inability to procure services, materials or articles required for the performance of the contract except at enhanced prices. In these circumstance, Radionics may at its sole option delay the performance of, or cancel the whole or any part of the contract without liability to the Customer. If Radionics cancels part of the contract the Customer shall pay for the products delivered on a pro rata basis.
(Radionics is part of an international group of companies owned by Electrocomponents plc ("Group"). Any member of this Group may keep and use personal details of the Customer and its employees for the purposes of providing services to the Customer. In addition the Group may need to disclose the Customer’s and its employees’ details to organisations working on its behalf anywhere in the world (for example credit reference agencies, mailing houses and call centres).
The Group may send to the Customer and its employees details of other products and services offered by the Group that may be of interest to the Customer. If the Customer or its employees do not wish to receive details of these other offers then they should advise Radionics either by fax on (01) 415 3111, by e-mail on email@example.com, or by post at Radionics Ltd, Glenview Industrial Estate, Herberton Road, Rialto, Dublin 12.
The contract between Radionics and the Customer shall be governed by and interpreted in accordance with the laws of the Republic of Ireland. The Customer submits to the jurisdiction of the High Court of the Republic of Ireland, but Radionics may bring legal proceedings against the Customer in any court of competent jurisdiction.
Effective from April 2008
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