Standard Conditions of Sale
RVR Energy Technology Ltd – STANDARD CONDITIONS OF SALEThese conditions of sale apply to all sales made by RVR Energy Technology Limited. For terms and conditions relating to the use of our web sites www.rvr.ie or www.rvr.co.uk, please see the conditions published on those
websites. The web site terms and conditions shall be in addition to the rights and remedies under any provision contained herein.
1. FORM OF CONTRACT
1.1 You are deemed to have placed an order with us by ordering via telephone, fax, email or web site. We will send you an order acknowledgement, detailing the products you have ordered.
1.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation. When we dispatch the order the purchase contract will be made and you will be
charged and legally bound to pay for the order that has been despatched, unless we have notified you that we do not accept your order or you have cancelled your order.
1.3 We may refuse to accept an order:
Where goods are not available;
Where we cannot obtain authorisation for your credit card payment;
Where you are in breach of payment terms for previous orders;
If there has been a pricing or product description error;
If you do not meet any eligibility criteria set out in our terms and conditions.
1.4 We further reserve the right to decline to trade with any business entity or person and to decline or accept any order.
1.5 These Terms and Conditions, together with the order acknowledgement document issued to you by RVR Energy Technology Limited shall constitute the entire agreement of the parties and shall not be
modified except in writing issued and signed by RVR Energy Technology Limited. No prior representations or agreements between the parties, oral or written, not embodied herein shall be of
any force and any said prior representations or agreements are hereby revoked and superseded. No terms stated by you shall be binding except as expressly incorporated herein by RVR Energy
Technology Limited and you are hereby notified of RVR Energy Technology Limited’s objection to and rejection of additional or different terms contained in your purchase order, acknowledgement or
other forms. Orders are accepted only on the terms and conditions contained herein.
2.1 All prices exclude VAT which will be added at the rate applicable at the date of despatch. We reserve the right to express the price inclusive of VAT, but we shall show VAT separately and
include it in the total price.
2.2 Prices quoted verbally are not binding. Whilst we will try to maintain prices quoted on RVR.ie or published in any way, we reserve the right to effect changes at any time before despatch.
2.3 We may charge separately for packing, carriage and insurance and other relevant charges.
2.4 Our prices are reviewed continuously and may change without notice. On placing the order you are deemed to be aware of all prices, VAT, additional charges that may occur and/or any change in prices.
3.1 We will normally only deliver to your delivery address as notified to us when you place your order.
Delivery shall be deemed to have taken place when the products have been delivered to you , your servants, agents, employees or nominees at the delivery address as notified to us.
3.2 We 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 we 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 our sole discretion over such period taking
into account so far as it is reasonably practicable delivery dates requested by you. In any event we may at our option elect to effect partial delivery of any products unless otherwise agreed with you to
3.3 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 you to repudiate any other instalments. If
you fail to take delivery of the products, then we may at our sole option and without prejudice to any of our other rights or remedies effect delivery of the products by whatever means we think most
appropriate, at your risk and expense.
3.4 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 us. Additional costs arising from special requirements are subject to additional charges which, on request, are available in
3.5 We reserve the right to apply a delivery surcharge on certain items from time to time. Where this is the case, you will be notified of the surcharge in advance.
4. INSPECTION, TRANSIT DELAYS and NON-DELIVERY
4.1 You must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of delivery, give notice to us in detail of any defect in the product that is apparent on reasonable
examination. In this case we shall, at our discretion, replace the products or, if this is not possible, refund the purchase price. In any event you must refuse delivery of goods delivered to you, in a
4.2 Any shortfall in products delivered: In this case we shall, at our discretion, deliver the undelivered products or refund the price of the undelivered products.
4.3 Any delivery of products not in accordance with the order: In this case we shall, at our discretion, replace the products or refund the purchase price.
4.4 Any non-delivery of the products (in which case the time limit is within 14 days of the estimate despatch date): In this case we shall, at our discretion, deliver the undelivered products or refund
the price of the undelivered products.
4.5 If you fail 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 you shall be deemed to have
accepted the products accordingly.
4.6 The remedies set out above are your 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 we owe sums to you, we can refund by way of credit note. We shall not be liable for any losses, consequential or otherwise, arising from non-delivery or late
5.1 All payments must be made without any set-off, deduction or counterclaim. Customer specific payment terms and credit limits may be agreed in writing. Where, products have been provided and invoiced to you, in the absence of a specific agreement, payment is due 30 days from the date on which the products are despatched.
5.2 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.
5.3 Unless otherwise agreed in advance, payment should be made by electronic bank transfer to the following bank account:
RVR Energy Technology Ltd, BIC: AIBKIE2D, IBAN: IE70 AIBK 9363 2403 4940 89
Credit and purchase card transactions may be processed on the date that you place your order of the products or any day thereafter.
6. PASSING OF RISK AND PROPERTY
6.1 Risk of loss or damage to the products shall pass to you on delivery.
6.2 The property in the products shall not pass to you until all sums due or owing to us by you 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 you has been met on presentation or otherwise honoured in
accordance with its terms. If you default in the punctual payment of any sum owing to us, then we shall be entitled to the immediate return of all products sold by us to you in which the property has
not passed to you.
6.3 You hereby irrevocably authorise us and our employees and agents to recover the products and to enter any premises of yours for that purpose. Demand of or recovery of the products by us shall not
of itself discharge either your liability to pay the whole of the price and take delivery of the products or our right to sue for the whole of the price.
7. PRODUCT AND AVAILABILITY INFORMATION
7.1 Unless otherwise stated, electrical ratings represent safe working limits. Dimensions and other physical characteristics are subject to normal commercial tolerances.
7.2 However, we reserve the right without prior notice to discontinue any product or to make design changes as part of a continuous programme of product improvement, or to assist product
availability. Where possible, future design changes will be indicated on RVR.ie and in our printed publications and such changes may take place at any time.
7.3 We recommend that you verify dimensions and other data published, together with future availability, before incorporating products into designs or for other critical purposes.
7.4 Where you intend to supply the product to any other person, then you 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 your possession or under your control and that they are supplied with the products when you release
them from your possession or control.
7.5 Unless otherwise confirmed, nothing published by us is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
8.1 We warrant that if defects appear in products, under proper use, we will, at our 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 us within 12 months after the original date of despatch, or such other period as may be indicated by us for specific products from time to time.
8.2 Parts carry a 3 month warranty.
8.3 Where we indicate that an extended warranty period is available for specific products, the end user must complete and return the warranty registration form which is included in the delivery to avail of
the extended warranty period.
8.4 For services purchased: We warrant that we will, at our option, either rectify defectively serviced products or, at our sole discretion, supply you free of charge a substitute product in place of the
defectively serviced product, subject to you submitting to us a written claim specifying the defect within 60 days of the date of the invoice or such other periods as may be indicated by us for specific
products from time to time.
8.5 Any products or parts which are replaced by us shall become our property.
8.6 This “Warranty” paragraph sets out your 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 we will not be liable to you 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 or any kind imposed on us by operation of law. You acknowledge that you are responsible for ensuring
that the products ordered are fit for the purposes for which you intend to use them.
9. CANCELLATION AND RETURNS POLICY
9.1 If you wish to cancel your order: You can notify us by: telephone at +353 64 6641344, email to firstname.lastname@example.org, fax to +353 64 6689520, or by letter to our registered office before we have
dispatched the goods to you; or; Where goods have already been dispatched to you, you can return goods to us in accordance with clause 9.2 below.
9.2 You can return goods you have ordered from us for any reason at any time within 7 days of receipt (the “cooling off period”) for a full refund or exchange. The costs of returning goods to us shall be
borne by you and we accept no responsibility for any loss or damage to them.
9.3 Upon receipt of the goods returned during the “cooling off period” we will give you a full refund of the amount paid or an exchange credit as required.
9.4 The rights to return the goods to us as referred to in clauses 9.2-9.3 will not apply in the following circumstances:-
In the event that the product has been used, or
In the event that the product is not in a saleable condition, or
To any products that we have made, ordered or customised specifically for you.
9.5 In the event that goods are returned after the “cooling off period”, or are not in perfect condition as per clause 9.4, the following schedule of charges will apply;
Unopened and in perfect condition – 15% of invoice value
Damaged packaging but otherwise in perfect condition – 25% of invoice value
Goods are damaged but may be sold as “seconds” – 50% of invoice value
Goods not in saleable condition – 100% of invoice value
9.6 To complete your return, we require a receipt or proof of purchase. You will need to obtain a "Returns Code" by emailing email@example.com . We will then send you a "returns authorisation" which should be packed with the products being returned. Items received in our warehouse will not be accepted without this authorisation. The shipping address for returns is RVR Energy Technology Ltd, Kenmare, Co Kerry, Ireland, V93F386. Once your return is received and inspected, we will send you an email to notify you that we have received your returned product. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or account, within 30 days.
9.7 You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you are shipping an item, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
9.8 RVR will not provide any refund or exchange credit on goods returned later than 90 days after date of delivery.
9.9 The provisions of clauses 9.1 – 9.7 do not affect your statutory rights.
10.1 Decisions for the selection and use of products remain your responsibility, and exclusively involve your subjective knowledge and judgement. Therefore we 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 our negligence or that of our employees, agents or subcontractors.
10.2 RVR Energy Technology Limited accepts no liability for loss, cost or damage arising from:
Leakage, blockage or failure of pipes, fittings, valves, wires, cables, ducts, flues, chimneys, drains or controllers connected to the products.
Faults in the electricity, oil, gas, sewer, water supplies, drains or other connections to the products.
Faults or errors in the installation of the products.
Failure of the installer of the products to comply with the installation instructions for the products.
Failure of the installer of the products to comply with Irish standards, European standards, Building Regulations, IEE regulations, Local Authority requirements or relevant codes of practice.
Failure of the installer of the products to comply with accepted industry good practice.
Use of chemical substances in the installation of the equipment which are incompatible with seals used in pipes, connections, flues and chimneys connected to the products or forming part of the products.
Incorrect use of the products or modification of the products.
Failure of the installer of the equipment to ensure that the equipment is accessible to us to allow proper Field Service (if required and agreed on by the parties).
Failure of proper use of the equipment following installation.
Abuse of equipment during installation and/or after installation.
10.3 We shall not be liable for intellectual property rights infringement, punitive damage, 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:
Any express or implied terms of the contract between RVR and you, or of any order accepted by us;
Any duty of any kind imposed on us by law arising out of or in relation to the contract or order; or
Any defect in the products or services.
10.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees, servants and/or agents, harmless from and against all claims, liability, damages, losses, costs arising out of
any breach of the terms and conditions by you of this agreement or your use of our publications.
10.6 If, notwithstanding clauses 10.1-10.5, any liability attaches to us, our liability to you in respect of one or more of
(i) Any express or implied terms of the contract between RVR and you, or of any order accepted by us;
(ii) Any duty of any kind imposed on us by law arising out of or in relation to the contract or order; or
(iii) Any defect in the products or services; shall be limited in the aggregate to 100,000 Euro.
11.1 RVR Energy Technology Limited’s waiver of any breach by the Customer of any of the provisions contained herein shall not constitute a waiver of any other breach of the same or any other provision.
RVR Energy Technology Limited’s rights and remedies under any provision contained herein shall be in addition to and not in substitution or limitation of any other rights and remedies available to
RVR Energy Technology Limited under applicable law.
12. FORCE MAJEURE
12.1 We will not be in breach of our contract with you for any delay in performing, or failure to perform, our obligations under these conditions of sale if that delay or failure was due to any cause or
circumstances beyond our reasonable control or by our inability to procure services, materials or articles required for the performance of the contract, except at enhanced prices. In these
circumstances, we may at our sole option delay the performance of or cancel the whole or any part of the contract without incurring any liability to you. If we cancel part of the contract you shall pay for
the products delivered on a pro rata basis.
13. GOVERNING LAW AND JURISDICTION
13.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland. Disputes arising in connection with these terms and conditions shall be subject
to the exclusive jurisdiction of the Irish courts. We may bring legal proceedings in any court of competent jurisdiction.
13.2 We do not warrant that materials/items for sale by us are appropriate or available for use outside the European Union.
14.1 You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which
shall continue to have full force and effect.
14.3 Only the parties to these terms and conditions may seek to enforce them.
14.4 Any headings preceding the text of the several articles hereof are inserted solely for convenience of reference, shall not constitute a part hereof, and shall not otherwise affect the meanings, content,
effect, or construction hereof.