Rimex Metals | Terms & Conditions

General terms and Conditions of Sale of the Rimex Metals Group of

companies ("Rimex")

General:

All contracts for the supply of goods by Rimex will be subject to the following conditions to the exclusion of any addition, modification or variation except any addition, modification or variation that is agreed in writing by a director of Rimex or other authorised personnel.

Duration of Quotations:

No quotation(s) shall be binding on Rimex unless made in writing.
Written quotations are valid for acceptance within 30 days of the date of the quotation.
No delay in the receipt of any quotation given by Rimex shall entitle the customer to extend the period of quotation.
Rimex may, in writing, vary the time for acceptance of any quotation.
(e) Rimex shall not be liable for any loss, damage, loss of profit or any cost or expense that a customer may realise or be deemed to incur by reason of Rimex varying the time for acceptance of a quotation.

Prices:
Rimex reserves the right to vary a quoted price:

to conform to its prices for similar goods at the date of dispatch. In the case of goods to be delivered by instalments Rimex may, with notice to the customer, vary the quoted price in accordance with this clause at the time of dispatch of each instalment.
to take account of changes in labour, material and other costs and expenses arising between the dates of quotation and delivery.
if an alteration is made to an order upon which a quotation was made.
should the customer delay taking delivery of goods due to circumstances beyond the control of Rimex.

Delivery Date:

While Rimex will use its best endeavours to keep to promised delivery dates they are approximate only and no guarantee or warranty can be given. Time(s) and date(s) for delivery shall not be of the essence unless agreed to by Rimex in writing. Rimex accepts no liability for any loss, damage or loss of profit resulting in delay in completion of works or delivery of the goods howsoever caused, nor shall any delay entitle the customer to cancel an order or not to accept delivery or withhold all or any part of the purchase price.
In the event of Rimex employing an agent or subcontractor to carry out the order or any part thereof Rimex will not be liable to the customer for any loss, damage or loss of profit arising from such delay or default and nor shall any delay or default entitle the customer to cancel any order or to refuse to accept delivery or withhold all or any part of the purchase price.
The customer shall take delivery of the goods promptly upon the delivery date(s) agreed between Rimex and the customer or as soon thereafter as the customer is notified by Rimex that the goods are available for delivery. If for any reason the customer fails to take delivery, fails to call off or otherwise causes or requests a delay in delivery then without prejudice to any other right or remedy available to it, Rimex may:
1. increase the price to account for additional expenses;
2. store the goods until delivery is made and charge the customer for the reasonable costs of storage including insurance; and/or
3. sell the goods to a third party without any liability to the customer except to return to the customer the purchase price for the goods if pre-paid by the customer.

Insurance in Transit:

Rimex will not insure any goods in transit unless requested to do so by the customer and this is agreed in writing.

Payment:

Unless otherwise agreed by Rimex all prices are quoted net of delivery 'ex Works' and the customer shall pay all moneys due under issued invoices in the currency invoiced by Rimex.
Where credit terms are established payment shall be made pursuant to the terms of agreement made between Rimex and the customer which unless stated to the contrary in writing shall be 30 days from the date of invoice.
The time of payment of the price shall be of the essence. If the customer fails to make payment in full on the due date Rimex shall be entitled to charge interest at the rate of 3 per cent per annum over the base lending rate of National Westminster Bank Plc on all outstanding balances and accounts such interest to accrue day to day from the date the account became due to the date of actual payment thereof whether before or after any relevant court judgment.
In the case of any default or delay in payment by the customer then the whole of any balance outstanding shall become immediately due and payable and any credit facilities my be withdrawn.

Exclusion of Company's Liability:

Rimex accepts no responsibility and shall not be liable for any loss, injury, damage, loss of profit or losses of any description which may be suffered by the customer or which may be deemed to be suffered by the customer as a direct or indirect result or consequence of the supply of goods, of the acceptance of a customer's order or of any quotation to which these conditions relate; and no warranty or condition (whether statutory or otherwise) as to quality, fitness for any particular purpose, performance of any goods or merchantable quality thereof is given or is to be implied or deemed to be implied.
Rimex accepts no responsibility whatsoever and shall not be liable for any loss, injury, damage, loss of profit of any description which may be suffered by the customer or which may be deemed to be suffered by the customer as a direct or indirect result of Rimex employing any agent or subcontractor to carry out an order or any part thereof.

Customer's Insolvency:

If the customer commits an act of bankruptcy or becomes insolvent or makes any arrangements with its creditors or being a company is placed in liquidation or suffers a receiver and/or administrator to be appointed, Rimex may without liability or notice and without prejudice to any other rights determine all or any contract with the customer and the customer will bear all and any loss or damage incurred by Rimex resulting from a resale of the goods comprised in such contract determined as aforesaid.

Cancellation:

Orders for goods placed by the customer and accepted by Rimex (whether orally or in writing) cannot be cancelled except with Rimex's written agreement. Orders for goods that Rimex is unable to cancel shall be paid for in full by the customer.

Quantities and Weights:

Unless Rimex is notified within seven days of the receipt of goods of an error in finish, quantity, weight etc. the order the order shall be deemed complete and correct.

Title and Property:

No property in the goods or any of them shall pass from Rimex to the customer while the goods are in the possession and control of Rimex, its agents and subcontractors or any person, firm or company employed by Rimex.
The risk in the goods shall pass from Rimex to the customer upon delivery or collection of such goods to the customer as is agreed with each contract. Notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the customer until Rimex has received payment in full for all goods delivered under this and all other contracts between Rimex and the customer for which payment of the full price of the goods has not been paid. Payment of the full price of the goods shall include the amount of interest or other sum(s) payable under the terms of this and all other contracts between Rimex and the customer under which the goods were delivered.
The customer hereby grants Rimex, its agents and its employees an irrevocable license to enter any premises where the goods are stored in order to repossess them or to inspect them at any time.
Where goods are to be delivered by instalment each delivery shall be treated as a separate contract provided always that Rimex may withhold deliveries or further installments until earlier deliveries have been paid for in full.

Customer's Property:

All property belonging to the customer (including any raw materials) received by Rimex whether for incorporation in the goods or otherwise will be held by Rimex at the customer's risk as regards loss or damage or incorrect usage and the customer will indemnify and keep Rimex indemnified against any claim for loss, injury, damage, costs or otherwise caused by the said customers property to any person, vehicle or property including but without limitation machinery used by Rimex in the course of its business save where any loss injury or damage shall arise directly from negligence by the Rimex, its servants, agents or licensees.
Such goods are to be insurance responsibility of the customer while at Rimex's premises.

Packing Materials:

Packing cases and all materials used by Rimex will be charged for unless agreed otherwise. Rimex will not accept the return of packing cases unless this is agreed with an authorised representative of the Company.
Rimex will supply material in appropriate sized pallets, suitably strapped for shipping by truck, sea or air as agreed with the customer.
Packs will weigh approximately 1 metric tonne/2.2 US tons each but can vary. Specific packing requirements must be notified in advance and may be charged at additional rates. Standard packing cases used by Rimex are not required to be waterproof.

Delivery outside the United Kingdom:

If Rimex agrees to deliver goods on a C.I.F., F.O.B. or in some manner other than an 'ex Works' basis then the customer shall reimburse all expenses incurred by Rimex on the customer's behalf. All risk in the goods shall pass to the customer when they are loaded onto transport at Rimex's premises (or if loaded on transport belonging to the Rimex, as soon as the goods pass into the custody of a person other than Rimex). Rimex accepts no liability whatsoever for any mistakes or errors in the shipping arrangements made by it on behalf of the customer.
Rimex has no control over delays caused by customs authorities or shipping companies contracted and allowances should always be made by the customer for delays in delivery. Rimex is not responsible for costs incurred by the customer due to late delivery of goods.

Force Majeure:

If at any time Rimex shall be hindered or prevented from making or delivering the goods by reason of strikes or other labour disputes, fire, war, accidents, governmental action or any other cause beyond its control, Rimex may at any time during the continuance of such hindrance or prevention by notice to the customer determine any contract between the parties without incurring any liability for damages to the customer by reason of such termination.

Tolerances:

Unless the customer specifies in writing in its order any particular tolerance requirement and supplies all necessary detail and these are accepted in writing by Rimex, the goods will be supplied in accordance with Rimex's standard tolerances which are available upon request.

Credit and Dealing:

Rimex may at its discretion and without providing any reason refuse to give credit or limit the amount of credit to any customer. Rimex reserves the right to refuse to transact business with any person, firm or company.
Orders will not be available for collection or shipping without authorization from the credit control department at Rimex. All credit references and terms of payment should be complied with so that delays are avoided.

Promotional Materials:

All data, images, drawings, descriptions and other information furnished by Rimex including verbal information and in or on its website, catalogues, brochures, CD's, pamphlets, price lists or other documents or other promotional media are intended to be as accurate as possible but are given for general information only and are not binding on Rimex in respect of a particular order. All information, unless stated otherwise, is subject to reasonable variations. Rimex does not accept responsibility for errors or for information which is found to be misleading. Before using products supplied or manufactured by the Rimex the customer should satisfy itself of their suitability for any required purpose.

Samples:

Samples supplied by Rimex are for promotional purposes only and are not to be used as control materials for goods supplied.
If control samples are required for a specific order Rimex needs to be notified in advance and accepted in writing by Rimex.

Cleaning:

To maintain its appearance and longevity all material supplied by Rimex should be cleaned routinely using methods and cleaning media appropriate to the finish and metal used. For further information consult Rimex.

Protective Tape:

Unless ordered to the contrary all material is coated with standard commercial protective tape.
No warranty is provided by Rimex as to the suitability of coating used. A copy of appropriate data sheets are available upon request.
If a warranty is required the customer should deal direct with a protective tape supplier and notify Rimex of the coating to be used. The use of non-standard protective tape might be an additional cost to previously quoted prices.
Protective tape should be removed as soon as practical and should not be exposed to environments, direct sunlight and temperatures that might cause delamination of adhesive on the coating. The customer is always advised to seek information from the coating manufacturer. Rimex cannot provide information or warranties in respect of protective tape.

Batch Ordering:

Material used by Rimex in its manufacturing processes can differ in tone and appearance. This is the nature of metals such as stainless steel, aluminium and other alloys.
Rimex is not responsible for any inconsistency of finish in material supplied unless it is notified of, and agrees to, such a requirement on accepting an order.
Batch ordering is always advised to assist the consistency of finish. Raw material should be ordered at the same time from the same batch from the same supplier. However, Rimex cannot guarantee that the manufacturing mill will provide material from the same cast, or that that material will match if supplied from different batches.

ColourTex® / Coloured Stainless Steel:

The nature of coloured stainless steel is that colour may vary in different lighting conditions and between batches of stainless steel and production runs and it is often necessary to agree control samples prior to manufacture.
On larger orders it is advisable to agree control samples to define an agreeable colour range prior to the placing of an order. Unless control samples are agreed Rimex is not responsible for differences in tone and appearance of the ColourTex® product.
Due to the nature of the manufacturing process all ColourTex® products will be supplied with holes approximately 5mm in diameter that run down the length of one side of each sheet every 1,000mm.
Samples issued for promotional purposes are not acceptable as control samples.

Granex™ / Bead Blast product:

The nature of Granex™ product is that the tone may vary between different sheets and batches of raw material. Unless control samples are agreed Rimex is not responsible for differences in tone and appearance of the Granex™ product.
The Granex™ product can be supplied with minor defects which are present in the raw material. This is the nature of the finish.
Thicker gauges are available but the consistency of the visual appearance of raw material tends to deteriorate over 2.0mm and this can affect the appearance of Granex™ finishes with thicker gauges.
Samples issued for promotional purposes are not acceptable as control samples.

MetalArt™ / combination finish product:

Rimex is not responsible for any defects in artwork or drawings that are supplied by the customer.
Rimex reserves the right to deliver bead blasted MetalArt™ product rather than etched product should production demands dictate.

Manufacturing Marks:

Manufacturing marks can be left on material that are caused by material having to undergo additional processes due to the nature of the raw material and the finish required. These marks are not a legitimate reason to reject material.

Trade Names:

Rimex owns several trade names which include, but are not limited to, 7GM®, ColourTex®, DesignScape™, Granex™, MaxiSlide™, MetalArt™, MetroGuard™, RigiTube™, Rimex® and TreadTex® and the Rimex® logo. These are the property of Rimex and are not to be used without the prior written approval of a director of Rimex.

Applicable Law:

The terms of any contract to which these conditions relate shall in all respects be construed and operate in conformity with the local legal jurisdiction that the appropriate Rimex company that has transacted with the customer is located in.

General terms and Conditions of Sale of the Rimex Metals Group of

companies ("Rimex")

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