Terms and conditions of use

(A) In these Conditions: -

“Buyer” means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller.

“Goods” mean the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.

“Seller” means Richardson Oil and Gas Limited (Trading as “ReSS”) Registered in Nigeria under the company registration number 666901.

“Conditions” mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and Conditions agreed in Writing between the Buyer and a Director of the Seller.

“Contract” means the contract for the purchase and sale of the Goods.

“Writing” includes telex, cable, facsimile transmission and comparable means of communication.

(B) Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

(C) The headings in these Conditions are for convenience only and shall not affect their interpretation.

BASIS OF THE SALE:

(A) No variation to these Conditions shall be binding unless agreed in Writing between the Buyer and a Director of the Seller.

(B) The Buyer acknowledges that it has not relied on, and waives any claim for breach of, any representations made by the Seller or its employees or agents.

(C) Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at the Buyer’s own risk.

(D) Any typographical, clerical, or other error or omission in any sales literature, quotation,acceptanceof order, invoice or other document issued by the Seller shall be subject to correction without any liability on the part of the Seller.

ORDERS AND SPECIFICATIONS:

(A) No order submitted by the Buyer shall be deemed to be accepted until confirmed in Writing by the Seller.

(B) The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer.

(C) The quantity, quality and description of any specification for the Goods shall be those set out in the Seller’s quotation or the Seller’s written order confirmation whichever is the latter, provided that all sizes and thickness of materials stipulated in said specification shall be approximate only.

(D) If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright design, trademark or other industrial or intellectual property rights of any other person which result from the Seller’s use of the Buyer’s specification.

(E) No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

PRICE OF THE GOODS:

(A) The price of the Goods shall be the Seller’s quoted price. 

(B) The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

The price is exclusive of any applicable current value added tax, which the Buyer shall be additionally liable to pay to the Seller.

PAYMENT:

(A) Payment must be made in advance. We accept all major debit/credit cards including MasterCard, Visa, Verve and Cash-on-Delivery.

EXPORT TERMS:

(A) In these Conditions ‘Incoterms’ means the international rules for interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

(B) Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 9 shall (subject to any special terms agreed in Writing between the Buyer and the Seller) apply notwithstanding any other provision of these Conditions.

(C) The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.

(D) Unless otherwise agreed in Writing between the Buyer and the Seller, the Goods shall be delivered F.O.B. to the air or sea port or shipment and the Seller shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act (1979).

(E) The Buyer shall be responsible for arranging for testing and inspection of the Goods at the Seller’s premises before shipment. The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.

(F) Payment of all amounts due to the Seller shall be made by irrevocable letter of credit opened by the Buyer in favour of the Seller and confirmed by a bank acceptable to the Seller or, if the Seller has agreed in Writing on or before acceptance of the Buyer’s order to waive this requirement, by acceptance by the Buyer and delivery to the Seller of a bill of exchange drawn on the Buyer payable 30 days after sight to the order of the Seller at such branch of National Westminster Bank Plc in England as may be specified in the bill of exchange, or by another method as agreed in writing by a director of the Seller. Payments must be made in Sterling.

(G) The Buyer undertakes not to offer the Goods for resale in any country notified by the Seller to the Buyer at or before the time the Buyer’s order is placed, or to sell the Goods to any person if the Buyer knows or has reason to believe that that person intends to resell the Goods in any such country.

GENERAL:

(A) The Seller is a member of the group of companies whose holding company is Richardson Oil and Gas Limited, and accordingly the Seller may perform any of its obligations or exercise any of its rights hereunder by itself or through any other member of its group, provided that any act or omission of any such member shall be deemed to be the act or omission of the Seller.

(B) Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

(C) No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

(D) If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.

(E) The Contract shall be governed by the laws of the federation of Nigeria and the Seller and the Buyer hereby submit themselves to the non-exclusive jurisdiction of the Courts of the Federal Republic.

BUSINESS TO BUSINESS:

(A) Products and services on this web site are promoted exclusively to business customers and by ordering on this web site we are assuming you satisfy this criteria.

CLEARANCE LINES:

All products featured in this section are sold on a “first come, first served” basis and are sold as seen (some product packaging may be damaged). Returns will not be accepted unless the product is faulty or damaged. Should clearance lines not be available at the point of processing the order and subsequently the order value drops below £50, carriage charges will be applied