Romalpa Clause: The title on goods does not pass to the purchaser until payment has been paid in full.
Collection of account: The cost of collecting overdue accounts through a collection agency or through court proceedings will be paid by the purchaser.
Freight: Freight is not included in the price of goods. All deliveries by courier will incur freight charges accordingly.
Any order accepted by RBS Limited or any of its subsidiaries (hereinafter called "the Company") shall be deemed to incorporate these terms and conditions. No variation or modification of, or substitution for these terms and conditions (even if included in, or referred to in, the document placing the order) shall be binding on the Company, unless specifically accepted by the Company in writing.
Unless otherwise agreed in writing by the Company, the Company reserves the right to vary the price stated for the goods in order to take account of any increase in wages, salaries or cost of materials or services between the date of the order and the date of delivery.
Terms of payment are prior to delivery. Payment may be made by Cheque, or Direct Credit. Credit terms may be offered to an approved Customer when a satisfactory trading history has been established.
Title to the goods shall pass only upon payment in full to the Company. The acceptance by the Company of any cheque or negotiable instrument shall not constitute payment unless and until the same has been honoured.
In addition to any right or lien to which the Company may be by law entitled, the Company shall (in the event of the customers insolvency or going into receivership) be entitled to a general lien on all goods of the customer in the Company's possession (although such goods or some of them may have been paid for) for the unpaid price of any goods sold and delivered to the customer by the company under the same or, any other contract.
Without prejudice to any other rights of action the company may have, unless payment is made to the Company on the due date for payment, the customers account will be automatically suspended until it is brought within the trading terms (unless otherwise arranged and confirmed in writing by the Company). The customer agrees to pay interest to the Company on all overdue charges at the rate of one and one half percent (1.5%) per month payable monthly (or such lessor rate as the company may specify in writing) from the due date for payment until actual payment thereof.
In the event of an account not being paid by the due date the customer will pay to the Company all debt collection agency costs and legal fees (on a solicitor and client basis) incurred by the Company in obtaining payment of the amount from the customer. In addition interest is payable on such debt collection agency costs and legal fees at the cumulative rate of 1.5% per month calculated monthly from the date on which they are paid by the Company until payment of the same by the customer to the Company.
Delivery will be made to the location specified on the order form and the customer shall be liable for all freight costs.
No claim for damage in transit or shortage in delivery will be entertained in cases where the Company has agreed to deliver the goods to the customer unless a separate notice in writing is given to the carrier concerned and the Company immediately the goods are received followed by detailed and complete claim in writing within two (2) trading days of delivery. In the event of loss or destruction of the goods in transit, advice of non-delivery must be submitted in writing to the carrier and to the company within seven (7) days of the date of consignment as advised by the Company to the customer.
Any period or dates quoted for delivery are to be regarded as approximate only and the Company accepts no liability for any loss, injury, damage or expenses consequent upon any delay in delivery of goods. Delay due to circumstances not reasonably within the control of the company shall not entitle the customer to cancel any order or to refuse to accept delivery. Notwithstanding that the title to the goods may not have passed, the risk in the goods shall pass to the customer upon delivery.
When the Company is required to procure overseas goods to fulfill an order, the order is subject to confirmation by the Company and it is also subject to an import licence being available when required.
Insurance will not be effected by the Company on goods forwarded from the company's premises unless the company receives written instructions from the Customer to insure.