CHARGES AND PAYMENT
The price of the Goods and/or Repairs and/or Services and/or Testing shall be the price set out in the Order Confirmation.
The price is exclusive of the costs and charges of packaging, insurance and transport, which shall be invoiced to the Customer unless otherwise stated in writing and agreed by RADWELL.
In the absence of an Order or Order Confirmation stating the price, RADWELL shall be entitled to charge a fair sum having regard to all the circumstances as if agreement had been reached between a willing buyer and seller.
If extra works are required over and above that ordered RADWELL shall be entitled to charge additional sums and a fair rate in accordance with RADWELL’S usual rates. Similarly if the work takes longer than was anticipated by RADWELL or is delayed for any reason other than that which is RADWELL’s sole responsibility, RADWELL may charge additional sums on a pro-rata basis.
RADWELL shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom RADWELL engage in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by RADWELL for the performance of the Services, and for the cost of any materials.
RADWELL reserves the right to:
Increase the price of the Goods or Repairs or Services, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Goods or Repairs or Services to RADWELL that is due to:
any factor beyond the control of RADWELL (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
any request by the Customer to change the delivery date(s), quantities or types of Goods or Repairs or Services ordered, or the Goods Specification or Services Specification; or
any delay caused by any instructions of the Customer or failure of the Customer to give RADWELL adequate or accurate information or instructions.
Notwithstanding the above if RADWELL is requested to undertake work on an urgent basis prior to the receipt of an Order and/or the provision of an Order confirmation the Customer shall be deemed to agree to pay a reasonable price for such work including but not limited to preparatory work, the provision of estimates and the cost of carriage.
Unless otherwise expressly agreed between the parties, in respect of Goods, RADWELL shall invoice the Customer on or at any time after completion of delivery of Goods or Repairs. In respect of Services, unless otherwise agreed RADWELL shall be entitled invoice the Customer weekly in arrears for the value of the works undertaken as reasonably estimated by RADWELL in its sole discretion.
The Customer shall pay each invoice submitted by RADWELL:
By the end of month following month of despatch
in full and in cleared funds to a bank account nominated in writing by RADWELL, and
time for payment shall be of the essence of the Contract.
The price of the Goods, Repairs and/or Services is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from RADWELL, pay to RADWELL such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
If the Customer fails to make any payment due to RADWELL under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 5% per annum above the Bank Of England’s 's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
RADWELL operates a returns policy described in 8.11 for Goods ordered in error. This does not apply to items that are not routinely held in stock by RADWELL.
Where a customer seeks to return Goods for reasons that are other than RADWELL’S fault, RADWELL may in its sole discretion offer a refund of up to 75% of the purchase price minus any costs incurred by RADWELL associated with their initial delivery and return. No refund will be provided unless the Goods are returned in a manner that allows them to be sold by RADWELL for at least the same price as they were sold to the Customer. Specifically but without limitation the Goods packaging must not have been opened. No refund will be considered unless the Goods are returned by the Customer within 5 days or their receipt.