|Terms & Conditions of Sale||(Version amended November 2012)|
See also Additional Information on Services
All orders are accepted by RS subject to the Terms and Conditions of Sale set out below:
All orders for products and services on the RS website 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 on the RS website 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 on the RS website 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 of sale do not apply to export transactions, to which separate terms and conditions of sale apply.
RS is a business-to-business supplier. The RS website 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 prices of the products and services are as set out on the RS website at the date of despatch of the ordered products or the date of provision of the ordered services. Customer is informed that prices and products in the printed hard copy catalogue are subject to change. Up-to-date information can be found at http://rswww.com. Products which are not stocked by RS will be sold at the prices set out in the relevant quotation supplied by RS. All prices exclude VAT, which RS will add at the rate applicable at the date of order despatch. RS reserves the right to change prices without prior notice at any time.
The prices of Extended Range products are as set out on the RS website, unless agreed in writing with an authorised representative of RS. Discounts given by RS in relation to RS' standard stocked products or any other RS offer will not apply to Extended Range products. Extended Range products will be invoiced separately from standard stocked product.
RS reserves the right to decline to trade with any company or person. In addition, RS may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by RS of the order.
RS executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when RS next has available stock or be cancelled.
The Customer must submit orders using the RS stock numbers and the priced units used in the RS catalogue (most up-to-date prices are shown on the on-line catalogue at http://rswww.com) and must specify which delivery option is required. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 will apply.
RS will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out on the RS website current at the date of order or will be notified to the Customer at the time of order. Customer is informed that delivery options and prices in the printed hard copy catalogue are subject to change and up-to-date information can be found on http://rswww.com. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.
Times and dates for delivery quoted on the RS website or by RS's employees are approximate only and RS shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked in the catalogue as requiring special handling may (because of the nature of the products) take up to 72 hours after acceptance of the Customer's order.
If any delivery is late, the Customer must notify RS, and RS will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. RS may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable RS may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
RS will aim to deliver Extended Range products in accordance with the lead times published for them on the RS website. All such lead times are approximate only, and no other delivery options are available for Extended Range products. RS may, following Customer's order, notify the Customer if RS will be unable to fulfil any order for Extended Range products within that published lead time, and will provide alternative options. Orders containing Extended Range products where total value of Extended Range products in any such order is less than £100 are subject to an additional shipping and handling charge as published on the RS website, or quoted at the time of order (currently £10 but subject to change from time to time).
Orders containing Extended Range products with a total value for Extended Range products in such orders of £100 or more will not be subject to an additional shipping and handling charge. These shipping and handling charges apply per order, irrespective of the number of Extended Range products ordered, and will be levied against the first delivery of Extended Range products under the relevant order.
The Customer must inspect the products as soon as is reasonably possible after delivery
and shall, within 10 days of the date of delivery or, in the case of clause iv, the due date for
delivery, give notice to RS 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. RS's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. RS shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
If RS has not granted credit to the Customer, payment terms are cash with order.
Credit terms (subject to satisfactory references and at RS's absolute discretion) are available. If credit has been granted, the Customer shall pay the price of the product or service by the 20th day of the month following the month in which the products are despatched. All payments must be made without any set-off, deduction or counterclaim.
If any sum is not paid on the due date for payment then, without prejudice to any other right
Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of all products supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts owing to RS has been made (in cash or cleared funds). If the Customer is late in paying any sum to RS, then RS shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises RS and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by RS shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or RS's right to sue for the whole of the price.
RS 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, and such changes may take place during the life of any RS catalogue.
Unless otherwise confirmed, nothing in any RS 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 RS: RS warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to RS within 12 months of the original date of despatch, or such other longer period as may be indicated by RS for specific products from time to time in writing.
For services purchased from RS (as referred to in clause 13): RS warrants that if any service is defective, it will, at its option, either re-provide the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product. This warranty is subject to a claim being made in writing to RS within 12 months of the date of delivery of service, or such other periods as may be indicated by RS for specific services from time to time in writing.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of RS. The Customer must return or dispose of the products, or make them available for collection by RS, in accordance with RS's instructions and suitably packaged. All orders are accepted by RS subject to the Terms and Conditions of Sale set out below:
The Customer must contact RS to notify RS of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, RS may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by RS shall become the property of RS. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.
The remedies set out above shall be RS's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). RS will not be liable to the Customer for any loss, damage or liability 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 RS by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
Products sold by RS are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
RS shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the RS technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
RS shall not be liable for economic loss, 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: (i) any express or implied terms of the contract between RS and the Customer, or of any order accepted by RS; (ii) any duty of any kind imposed on RS by law arising out of or in relation to the contract between RS and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.
If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9, 10 and 11 any liability attaches to RS, RS's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between RS and the Customer, or of any order accepted by RS; (ii) any duty of any kind imposed on RS by law arising out of or in relation to the contract between RS and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to £100,000 or the total value of the order, whichever is greater.
Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of RS for death or personal injury caused by the negligence of RS or its employees, agents or sub-contractors, or for fraud.
The Customer may not cancel orders once accepted by RS. RS may, at its discretion and in writing, allow an order to be cancelled subject to RS recovering from the Customer the costs incurred by RS. In the event of cancellation of part of any order only, RS may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
The Customer may only return products to RS, and receive a credit or refund and on the
Where the Customer returns products to RS not in accordance with (i) - (iii) above (for example, after 30-days from the date of despatch or in an unfit state) RS will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out on the RS website).
This returns policy excludes software, calibrated products, production packaging products, non-catalogue products, extended range products and specially manufactured products. In addition, RS will not accept returned ESD sensitive devices where the integrity of the original RS ESD shielding packaging has been compromised e.g. the bag has been opened and resealed or multiple bags have been stapled together.
RS accepts no responsibility for any loss of or damage to products in transit from Customer to RS or for any items received by RS with them.
RS offers services in respect of products. These services include: REPAIR, CALIBRATION, SOFTWARE, UPDATE, EPROM PROGRAMMING and any other services that the parties agree. RS may quote a turnaround time target for these services, but RS shall be under no liability if it fails to comply with such target. Except in respect of the REPAIR service, the product must be free from physical and electrical damage and from modifications (other than modifications detailed in the literature supplied with the product). The special conditions which apply to repairs, calibration, software update and eprom programming are:
REPAIRS: The REPAIR service is subject to the availability of parts and is only available if the product has not suffered excessive physical or electrical damage and is free from modifications (other than modifications detailed in the literature supplied with the product). Any instructions set out in the repair information/questionnaire supplied with the product inquestion must be complied with. RS may at its absolute discretion either repair the product or replace it with a substitute product. Any Customer-generated software returned with a product will be erased or otherwise destroyed on receipt and RS shall not be under any liability whatsoever in respect of any data contained in such software.
CALIBRATION: RS will check the product for compliance with the published specification at appropriate points, using working standards which are periodically verified and which are traceable to National Standards. The full details of the CALIBRATION service are as set out on the RS website.
SOFTWARE UPDATE: RS will install the latest version of software. RS will functionally check the unit to ensure software acceptance.
EPROM PROGRAMMING: The Customer shall be liable to RS for any damage and/or expense to RS arising from any computer virus present in any media supplied to RS by the Customer for use in the EPROM programming service. Any data or programmes contained in Customer's devices will be erased or otherwise destroyed and RS shall not be under any liability in respect of such data or programmes. The Customer must advise RS of its specific requirements and RS accepts no liability if the Customer fails to do this. The Customer warrants that the copying or processing by RS of any programme supplied to RS in any form will not infringe the intellectual property or other rights of any third party.
A force majeure event is any event beyond the reasonable control of RS (including strikes, traffic congestion, the downtime of any external line, or RS's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If RS is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then RS shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, RS may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
The Customer acknowledges that RS and its licensors own the intellectual property rights in the RS website, the RS catalogues, the catalogue content and the stock numbers, and that their whole or partial reproduction without RS's prior written consent is prohibited.
Supplier shall (and shall procure that persons associated with it or other persons who are providing goods or services in connection with this agreement shall) comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption, including, but not limited to, the Bribery Act 2010 (the Relevant Requirements) and shall:
Supplier is informed that RS employees are not permitted to:
Entertainment is acceptable only if it has a justifiable business purpose. It should be of a reasonable nature and such that RS's employees, agents or contractors, can reciprocate.
Financial restrictions on gifts and entertainment are contained in RS's Anti-Bribery Policy and further details are available on request.
Any breach of this clause 16 shall be a material breach of this agreement which is incapable of remedy.
RS is part of an international group of companies owned by Electrocomponents plc and is registered as a data controller under the Data Protection Act 1998. Any member of this group may keep and use personal details of the Customer and its employees for the purposes of providing products and services to the Customer. In addition RS may disclose the Customer's and its employees' details to organisations working on behalf of RS anywhere in the world (for example, credit reference agencies, mailing houses and call centres) for the purpose of proper fulfilment of orders and RS' obligations under these terms and conditions of sale.
RS may send to the Customer and its employees details of other products and services offered by its group that may interest the Customer. If the Customer or its employees do not want to receive details of these offers then they should contact the RS Marketing Department either in writing at DPN 64, PO Box 99, Corby, Northamptonshire, NN17 9RS, by fax on 01536 405575, by telephone on 01536 444129 or by e-mail at: firstname.lastname@example.org.
The Customer consents that RS may use the name of the Customer by disclosing it to certain RS suppliers for market research and commission purposes.
The contract between RS and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in England, but RS may enforce the contract in any court of competent jurisdiction.
|Registered office: RS Components Limited, Birchington Road, Weldon, Corby, Northamptonshire NN17 9RS, tel: 0845 850 9900, Fax: 01536 405678. Registered No. 1002091. VAT Registration No. GB 243 1640 91. © RS Components Ltd 2006.
RS, , 'Do great things', PurchasingManager® and the symbol are trademarks of RS Components Limited. An Electrocomponents Company
|Additional Information on Services||November 2012|
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The following options are available to the Customer. RS's current terms and conditions of sale shall also apply. These options and their terms and prices are subject to change. Whilst RS will try to maintain the prices quoted below, RS reserves the right to change them without prior notice at any time.
1.1 ORDER MULTIPLE – OM: This is the minimum pack size products are available in. Orders must be in multiples of this quantity. The minimum price payable for the product is:
1.2 HANDLING FEES: The following handling fees apply. These fees can avoided by collecting in person from one of our nationwide branches
2.1 NEXT DAY DELIVERY: Next Day Delivery is FREE TO BUSINESS ACCOUNT CUSTOMERS.
RS aims, but does not guarantee to deliver products the next working day. Details of order cut-off and expected delivery times are given in Table 1. No deliveries will be made on Saturdays, Sundays or public holidays. Delivery times are approximate only.
2.2 GUARANTEED TIMED DELIVERIES: The rates, latest order times and estimated delivery times are given in Table 1. No deliveries will be made on Sundays or public holidays.
These services are not available in all areas of the country or for those products indicated in the website with
For all types of next day delivery by Parcelforce Worldwide and TNT, parcel delivery information can be viewed on RS Online at http://rswww.com/parceltrack.
2.3 COURIER DELIVERY: All orders for this service must be made by telephone and RS will, at the time of order, quote the additional charge and give an estimated time of delivery. This service is available 24 hours a day 365(6) days a year. This service is not available for those products indicated in the catalogue with . Trade Counter Same Day Guaranteed Delivery is available on products stocked at a Trade Counter.
2.4 TRADE COUNTER COLLECTION: All products are available for collection from an RS Trade Counter. If the required products are stocked at the requested Trade Counter, collection can be made at a time agreed with RS. When the Customer collects a pre-ordered product from an RS Trade Counter the Customer must hand over a properly authorised written order with proof of identity.
2.5 EXTENDED RANGE PRODUCTS: All orders <£100, for Extended Range products only, are subject to an additional shipping and handling charge per order as published on the RS website, or quoted at the time of order placement (currently £10 but subject to change from time to time), irrespective of the number of Extended Range products ordered, and will be levied against the first delivery of Extended Range products under the relevant order. RS aim to deliver Extended Range orders in 3-10 days, but this is not guaranteed. Delivery of Extended Range product orders cannot be tracked. Extended Range products are outside the scope of our ISO 9001:2008 certification
2.6 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.
Payment may be made by variable direct debit, BACS transfer, cheque or postal order (made out to RS Components Ltd and crossed), credit card or debit card as accepted by RS. Cash can be accepted at all RS Trade Counters.
The handling charge for returns which are made in accordance with the returns policy set out in RS's current terms and conditions of sale is 20% of the invoice value. The handling charge for returns which are not made in accordance with RS's returns policy will be the actual cost of reprocessing (subject to a minimum 20% of the invoice value).
RS Calibration is accredited by UKAS (United Kingdom Accreditation Service) in accordance with the recognised International Standard ISO/IEC 17025:2005 - 'General requirements for the competence of testing and calibration laboratories' - Calibration Laboratory No. 0310. The laboratory also operates within the scope of the company certification to ISO 9001:2008 - Certificate No. RS 00362
RS Calibration will check the product for compliance with the published specification at appropriate points, using working standards which are periodically verified and which are traceable to National Standards. RS will issue a dated and signed certificate of testing which gives details of the measurements made. RS provides calibration to RS or UKAS standards.
CALIBRATION OF NEW INSTRUMENTS: Such marked products (+RS Cal., +UKAS Cal., +System Cal.) are calibrated to the required standard upon request only. Such calibrated products are despatched up to 2-days from the date of the order. The price quoted for +RS Cal. or +UKAS Cal. is the total price to pay for the base product and calibration. Calibrated products are not available for immediate collection from an RS Trade Counter.
RE-CALIBRATION OF EXISTING INSTRUMENTS: RS Calibration provides a calibration service on all equipment marked with at the price quoted to RS or UKAS standards, for both current and the majority of previously supplied products. Calibrated products you have previously purchased from RS are automatically entered into the free Calibration Reminder Service, with a maximum 12-month reminder time. When the instrument is due for calibration we:
RS will undertake to advise a Customer when a specified product is due for calibration. Request for calibration must be made in writing specifying the product concerned by type and serial number, and the required calibration schedule, and an appropriate order. Receipt and acceptance of the request will be indicated by written acknowledgement from RS. RS shall be under no liability if it fails for any reason to advise the Customer of any due calibration.
For calibration of existing instruments RS will carry out minor adjustments appropriate to a normal calibration routine. If further repairs are required RS will either return the product to the Customer or, upon receipt of the appropriate order, repair the product subject to the REPAIR service conditions before further calibration. In this case, the REPAIR service charge will be payable by the Customer in addition to the CALIBRATION service charge. This may impact the turnaround time of the calibration.
Send all enquiries & calibrations to: RS Calibration, Department; 175, Lammas Road, Weldon Industrial Estate, Corby, Northamptonshire, NN17 9RS.
RS Components Ltd is registered to operate to the following standards
A statement of quality conformance is provided for all Products, on the delivery note. Where these fall within the scope of RS' certification to ISO9001:2008, the statement will be in accordance with the conditions of registration. The statement does not provide batch or lot traceability.
Aerosols marked with the green ozone friendly flag do not contain CFC's (chlorofluorocarbons), HCFC's (hydro-chlorofluorocarbons) or solvents known to damage the ozone layer.
Registered office: RS Components Limited, Birchington Road, Weldon, Corby, Northamptonshire NN17 9RS, tel: 0845 850 9900, Fax: 01536 405678. Registered No. 1002091. VAT Registration No. GB 243 1640 91. © RS Components Ltd 2006.RS, , 'Do great things', PurchasingManager® and the symbol are trademarks of RS Components Limited. An Electrocomponents Company
|© RS Components Ltd. Birchington Road, Corby, Northants, NN17 9RS, UK|