Any one out there?

[Pilfo]

We have been asked to supply one of our units on approval, to acertain whether our product would compliment another manufacturers own particular product.

They would like to evaluate/appraise the unit for approximately one month, and if it suits, they will be able to put sales our way.

I would like to put some sort of agreement together, regarding the return of the product by a certain date, and also include something concerning any damage that may occur to the product, due to any misuse etc on their part.

Any help/ideas greatly appreciated.

Pilfo

 

[Pilfo]

Any help/ideas greatly appreciated.

Pilfo

 

[KM-Tiger]

I guess much depends on the degree of trust you have with the other party, and how much you need them versus how much they need you.

One way would be that they buy your product for appraisal, but get that back through discounts from future sales?

A nasty suspicious mind might wonder what they really want it for?

 

[bwglaw]

Happy to draft you a simple agreement if you could email me the head of terms that has been agreed. I will then draft the clauses around what has been agreed.

The agreement should include copyright/design/patent in the event they are 'borrowing' your product for another purpose which is not bona-fide.

I think you need to ascertain yourself of their true intentions. My email is [email protected]

 

[creospace]

'These are illegal to use and their installation may result in a heavy fine.'

LOL an illegal toilet, my word!

 

[Pilfo]

'These are illegal to use and their installation may result in a heavy fine.'

LOL an illegal toilet, my word!

Now, this is where I come out of my corner fighting, as that is something I am an expert on!

On 1st July 1999 new legislation replaced the Water Byelaws in England and Wales for the prevention of Waste, Misuse, Undue Consumption, Contamination and Erroneous Measurement of a Water Supplier's mains water supply. This new legislation is The Water Supply (Water Fittings) Regulations 1999.

For further information see:-

http://www.wras.co.uk/Regulations_Default.asp

FYI, all bidets (conventional or add-on) are classed as Category 5 High Risk, as they have the potential to contaminate the water source. Under the 'Regulations' it is actually illegal to install a bidet that does not have the correct backflow prevention device.

Our particular product, took me almost three years of development, to
incorporate the relevant backflow prevention device required. It then had to be submitted for rigorous testing and evaluation, before achieving WRAS approval.

It is a criminal offence to breach the regulations and offenders may face prosecution.

Furthermore, any plumbing fitting that is incorrectly installed, especially with respect to those in the high risk categories, may carry fines of up to £1000 with added court costs etc.

Wow, does that feel better!

Pilfo

 

[Pilfo]

I have drafted something up myself, what do you think?

What could I use instead of the word "Hire"?


Terms and Conditions of Hire:

All goods remain the property of RSD Hygienics Ltd.

All intellectual property relating to the goods, including all patents and registered designs, belong to RSD Hygienics Ltd.

All goods received must be checked immediately on receipt. Any damage or faults must be reported to RSD Hygienics Ltd within 24 hours of receipt of the goods. Signing a carrier’s delivery note “unchecked” does not absolve the persons receiving the goods from this condition.

The hirer must ensure that the goods are kept in good condition whilst in possession of the hirer or their agents.

The goods must be returned to RSD Hygienics Ltd on the date agreed for return. The goods must be returned in the original carton and using the original packaging, to ensure the safe return of the goods. The goods must not be left with any other third party, but must be handed over to the collecting agent and a signature obtained by them for the safe return of the goods.

If the goods are returned damaged, the hirer will be liable for the cost of repair or replacement of the goods that were hired. RSD Hygienics Ltd will undertake the repair / replacement and will invoice the hirer in full. Please ensure that you have adequate insurance cover in place.

If the goods are not returned to RSD Hygienics Ltd and are deemed lost and irreplaceable, then RSD Hygienics Ltd will invoice the hirer at full retail value for the goods.


Date for return of goods: - 1st February 2006


Company Name________________________

Name of Hirer in Full____________________

Position in Company_____________________

Signed________________________________

 

[bwglaw]

Ideally, include a description of the product, its colour etc, if possible attach an image of the product. It will then be water-tight

 

[fastfences]

What could I use instead of the word "Hire"?

Consignment. And in place of 'hirer' - 'Consignee'

Interesting regs. Who would have thought that there would be so many legalities over a fanny flush? :wink:

Cheers, Nigel

 

[Pilfo]

Thanks to all for your help.

Could you please have a look at the latest and (final?) draft.

Best regards,

Pilfo

Terms and Conditions of Consignment:
(of one White Standard type Bidet-Loo™ Seat)

All goods remain the property of RSD Hygienics Ltd.

All intellectual property relating to the goods, including all patents and registered designs, belong to RSD Hygienics Ltd.

All goods received must be checked immediately on receipt. Any damage or faults must be reported to RSD Hygienics Ltd within 24 hours of receipt of the goods. Signing a carrier’s delivery note “unchecked” does not absolve the persons receiving the goods from this condition.

The consignee must ensure that the goods are kept in good condition whilst in possession of the consignee or their agents.

The goods must be returned to RSD Hygienics Ltd on the date agreed for return. The goods must be returned in the original carton and using the original packaging, to ensure the safe return of the goods. The goods must not be left with any other third party, but must be handed over to the collecting agent and a signature obtained by them for the safe return of the goods.

If the goods are returned damaged, the consignee will be liable for the cost of repair or replacement of the goods that were consigned. RSD Hygienics Ltd will undertake the repair / replacement and will invoice the consignee in full. Please ensure that you have adequate insurance cover in place.

If the goods are not returned to RSD Hygienics Ltd and are deemed lost and irreplaceable, then RSD Hygienics Ltd will invoice the consignee at full retail value for the goods.


Date for return of goods: - 1st February 2006


Company Name ________________________

Name of Consignee in Full ____________________

Position in Company _____________________

Signed _________________________________

Dated _________________________________

 

[fastfences]

Hi Pilf,
Looks fine. Without overkill, I wonder if you'd consider including above the date of return a 'date of placement, or better, 'Date of Consignment,' as there is no real reference to the inclusive term. If an issue arose it could be suggested the item was not consigned for such a period.
Cheers, Nigel

 

[bwglaw]

It should be 'transfer of...' rather than date of consignment...haven't looked at other clauses so cannot comment.

 

[clairemackaness]

It will then be water-tight

I hope not or it will start to contaminate! LOL

Only kidding, couldn't resist that one!

 

[bwglaw]

Had a proper look. Sorry, quite busy here! You should think about a 'passing off' clause, a 'indemnity clause' and a 'penalty clause'

 

[Pilfo]

Thanks guys,

Your advice has been invaluable.

Pilfo