|
|
|
| DELIVERY |
| 1. Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified |
|
the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place. |
| 2. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the |
|
Goods. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. |
| 3. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver |
| |
any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. |
| 4. If it shall be found that there is any discrepancy in quantity of the Goods delivered from the quantity ordered, the Seller shall only be |
|
liable for any shortfall providing notice has been given in writing within forty eight (48) hours of delivery. |
| 5. If the Seller fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Seller's reasonable control or |
|
the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. |
| 6. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery |
| |
(otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may: |
|
6.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or |
|
6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. |
|
|
|
|
| CUSTOMER RETURNS PROCEDURE FOR 'SELECT' PRODUCTS |
The Customer Returns Note (CRN) procedure is to be used for all 'Select' range product returns. The procedure is as follows:
|
1. The customer is to have been previously notified in writing of the correct procedure for returning goods under the 'Select' Customer |
|
re-enacted or extended at the relevant time. |
2. When a stockist or other customer wants to return a unit either under warranty, as agreed on a 'Sale or Return' basis , or for any other |
|
reason they should proceed as follows |
| |
2.1 Contact the 'Service Department and request a Customer Returns Number (CRN), which should be taken by the 'Service Engineer from the CRN Log (an Excel Spreadsheet). |
|
2.2 The customer should fill in an Elta Customer Returns Sheet quoting the CRN and as much detail as possible. |
|
2.3 The goods for return should be suitably packed, the Customer Returns Form should be attached to the outside of the packaging and the CRN should also be marked clearly on the outside of the packaging. |
| 3. When the returned goods arrive at Elta 'Goods Inward' they should immediately be checked to see if the CRN and/or the Customer Returns |
|
Form are attached to the outside of the goods. |
|
3.1 If they are not (and the returned goods are clearly from the 'Select' range of products) they must not be accepted but the carrier should be asked to return them to the sender. |
|
3.1 If the goods are seen to be 'Select' products the CRN and /or the Customer Returns Sheet are readily available the goods can be accepted. |
4. When the returned goods have been accepted they should be passed to the 'Service Engineer. |
| 5. The Service department should log the goods into the Customer Returns-Goods Received Record as soon as possible. |
| 6. As soon as possible, the returned goods must be checked and a decision made as to whether the goods need to be either - |
|
6.1 Passed to R&D for in depth technical investigation (and report). |
|
6.2 A basic inspection carried out and a report made (on a Customer Returns-Inspection Report (CRIR) form to the Building Services Sales Manager. |
| 7. When a report is made on a CRN form, a considered judgement by the inspector (or technical investigator) may be made as to whether or |
|
not any warranty claim for credit is justifiable. The CRN form (including any consideration regarding the validity of any warranty claim) should be reported to the Building Services Sales Manager. He should consider what should be reported to the customer. If it is considered that a Credit Note is appropriate he should authorise this. When credit is authorised, the signed and dated Credit Authorisation slip (at the bottom of the request for credit form) should be issued to Credit Control in the Accounts Department for processing. A copy should also be passed to the Quality Manager for the ‘closing out’ of the customer’s complaint. |
| 8. In those cases where the total value of the returned goods is less that £75 (at the current list prices) the returned goods will be treated in a |
|
slightly different way by Inspection to those items whose total value is over £75. |
|
8.1 Goods valued at over £75 total returned will be subject to a full investigation and report. The report will then be sent to the Building Services Divisional Sales Manager for vetting. He will then either sign a ‘Credit Authorisation’ form or write to the customer informing them that credit will not be given as appropriate. |
|
8.2 Goods valued at a total of less than £75 should be subjected to a quick initial check to establish whether the condition of the goods are such that they may be re-sellable or whether the damage or fault was caused by the customer or end user in which case credit may be refused. If the item may be re-sellable it should then be fully checked to ensure it could be put back into stock. If appears that the fault may have been with the customer or end-user a fuller check may be made to confirm this so that a refusal of credit is based on form fact. |
| 9. In those cases where the failure is attributable to a defective component or sub-assembly purchased from an Elta supplier or sub-contractor |
|
(and the item at fault is still under the supplier's warranty) the part should be removed from the returned goods for rejection back to that supplier. The defective part should be returned to the supplier using the Reject Report Procedure (IP-05) for repair, report, replacement or credit under warranty (in the same way as new items found to be defective on receipt). |
| 10. The possible outcome of such a Reject Report may be one of the following: |
|
10. a. The supplier admits liability and issues a Credit Note to Elta Fans (or in the case of certain stock items sends a replacement or repaired item). In this case the issue of a Credit Note by Elta to its customer will be authorised. |
|
10. b. The supplier refuses to issue a credit note because either, the item is out of warranty or he has proved that the defect to have been caused by some error by Elta or its customer. It the case of the problem being the fault of the customer Elta should advise it’s customer of the findings and refuse credit (but, where appropriate, offer to repair or replace the item at a reasonable cost). |
|
|
| NOTE 1: The Accounts Department may be requested to withhold payment of the invoice for any defective items received from Elta's supplier (or, if this invoice has already been paid, another invoice for a similar amount) until a Credit Note or other satisfactory response is received from that supplier. |
|
|
| NOTE 2: Any items returned to Elta by a customer remain the property of that customer until they are either sent a replacement or a Credit Note (or they have instructed Elta that they wishes us to dispose of the item). |
|
|
NOTE 3: Claims for carriage will be considered & refunded depending on the outcome of the investigation.
|
