Terms and Conditions
1. Force Majeure:
Neither The Retail Data Partnership Ltd (RDP) nor any of its servants agents or sub-contractors shall be under any liability whatsoever to the customer for non-performance or delay in the performance of services to be performed by RDP hereunder directly or indirectly caused by or resulting from an Act of God, outbreak of hostilities (whether or not war is declared) insurrection, riot, civil disturbance, government act or regulation, fire, flood, accident, theft, strike, lockout or trade dispute cause by or resulting from any other event or circumstance whatsoever beyond the control of RDP.
2. Insurance:
Risk will pass to the customer when the equipment is delivered to the customer’s premises. The customer hereby undertakes to insure any equipment supplied by RDP, whilst it is on the customer’s premises, prior to or on the title of the equipment passing to the customer.
3. Title:
Title to any product will pass to the customer on payment in full of all sums payable to RDP in respect of those products. Until title passes to the customer they are required to protect the product from damage or loss arising from any cause and to indicate in a reasonable manner or in such manner as RDP may request that the good in their possession or in transit are the property of RDP. If the customer sells any such product to a third party before title has passed to the customer, such sale shall be by the customer as principal and on no account shall RDP be responsible for the terms of such sale. The customer as principal will require written permission from RDP to enable them to undertake any negotiations or sale(s) of any part thereof of the product.
4. Payment:
All equipment supplied to the customer is subject to a deposit, paid at the time of order, equalling on third of the total system value, including VAT, the remainder to be collected by 2 or 3 direct debit instalments post installation (as above), unless subject to an approved and signed lease / rental agreement. If the purchase of the system is subject to a lease / rental agreement, the customer shall also pay a non-returnable deposit to RDP of no less than £300.00
5. Acceptance:
The criterion for acceptance of equipment shall be the successful operation of the manufacturers standard test procedure and programmes applicable to the products. The customer may request to be present to witness the acceptance test. RDP shall consider the customer to be satisfied with the tests unless written notification is received at RDP’s offices within five days of such tests having been undertaken. The acceptance test shall be documented and the customer, or his agents or employees, shall sign to confirm the completion of these tests on the appropriate document.
6. Installation:
Installation of the equipment at the customer’s site may be provided at RDP’s prevailing rates (supplied on request) or without further charge if the price quoted for equipment includes installation. Installation will consist of RDP, or approved agent, successfully completing the manufacturers’ standard installation test programmes and procedures applicable to the equipment. The customer shall have the site for the installation prepared prior to the arrival on site of the installation personnel. The customer shall be liable for the costs of such repairs as may be necessary to effect successful installation.
7. Substitutions and modifications:
Wherever possible, RDP shall endeavour to supply exactly the hardware specified in the sale agreement. RDP reserves the right to make substitutions and / or modifications in the specification of the equipment supplied providing that such substitutions or modifications will not materially affect the performance of the equipment and will not result in an increase in the list price before VAT.
8. Cancellation:
In the event of the customer cancelling the order less than 90 (ninety) days before the scheduled delivery date of the equipment the customer shall be liable for a cancellation fee according to the following schedule:
Days prior to scheduled delivery: % of agreed price
90-61 days the non-returnable deposit in 4, or 5% of the agreed price, whichever is larger.
60-45 days 10% of the agreed price
44-31 days 15% of the agreed price
30-days or less 25% of the agreed price
9. Default:
If the customer shall make serious default or commit a serious breach of contract or any other of their obligations to RDP, or if any distress or execution shall be levied upon the customer’s property or assets, or if the customer shall make or offer any arrangement or composition with creditors or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against them, or if the customer is a limited company and any resolution or petition to wind up the customer’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver of undertaking property or assets of any part thereof of the customer (being a limited company) shall be appointed, then RDP may with notice:
a. Suspend, determine or cancel the contract or any fulfilled part thereof, and
b. Stop any goods in transit, and
c. Recover any equipment from the customer’s premises for which payment has not been made in full, without prejudice to any other or outstanding remedy which RDP may lawfully enforce or exercise.
10. Back to base warranty:
The Epos hardware has a three year back-to-base warranty. This means that, if you have a hardware failure the unit will be collected by a RDP courier, repaired and returned FOC. Whilst the hardware is away being repaired a loan system will be provided by RDP, if you are unable to trade. This excludes the laser printer and any handheld scanners.
11. Installation to be completed within 3 months of contract signing and payment of deposit. Quoted prices remain valid in this period.
Please sign and return:
Please sign and return:
This order form / The Service agreement / The direct debit mandate (the name and signatory must be the same across all documents)
Name …………………………………………………………
Shop ID or Postcode ………………………......
Signed ……………………………………………………....
Date …………………………………………………..……....