Terms and Conditions
January 2007
FIRE DOOR SOLUTIONS LTD.
TERMS & CONDITIONS
1) QUOTATIONS & PRICES
We reserve the right to revise quoted prices and charges in the event of any change in our costs and/or prevailing conditions between the date of quotation and the date of despatch and in the event of any relevant devaluation or revaluation of any currency. We shall be entitled to add to the contract price any value added tax, import tariff or other similar tax which is chargeable in respect of the goods and/or raw materials used therein and supplied by us.
2) ORDERING
In cases where products have been ordered from our website, Fire Door Solutions Ltd can not be held responsible for incorrect fitting, measurements, specifications and/or use. Doors must be fitted in accordance with current Fire Test Certifications and responsibility to do so lies with the Buyer.
3) PAYMENT
a) Where goods are delivered in the United Kingdom payment will be in full 30 days after the invoice date for approved accounts. Should goods be ready but awaiting forwarding instructions, these shall be deemed to be delivered for the purpose of accounting and charged up accordingly, payment due end of month following such invoicing.
b) The provision of a credit facility is a matter for the unfettered discretion of the Company, as is the amount of credit extended. Should a credit facility be offered, it is on condition that it may be reduced or cancelled without prior notice. On withdrawal of a credit facility all amounts owed become immediately payable to the Company. Credit shall be extended for 20 days from the last day of the month in which delivery occurred and no longer.
c) Where repayment of credits is overdue, interest shall be payable on the overdue balance at the rate of 8% above Lloyds TSB base rate per calendar month or part thereof compounded monthly.
d) If credit repayment is overdue on this or any other contract between the Company and the Customer, then the Company may refuse to supply any further services to the Customer under any contract that it may have with the Customer, without liability to the Company. The Customer shall be liable for any loss, damage or expense arising out of any withdrawal or reduction of credit or refusal to supply further goods and services in accordance with this clause, including any loss, damage or expense suffered by the Company thereby. Any costs incurred by the Company in relation to collecting monies due will be passed on to the Customer.
4) DELIVERY
a) Where the contract provides for a single delivery, or where delivery is to be made in instalments, such as single delivery or each instalment delivery, as the case may be, will be delivered to and accepted by you immediately we tender the goods for delivery in accordance with the contract.
b) In the event of you or your customer failing to accept any delivery or deliveries tendered in accordance with your order within seven days of notification by us that the goods are ready for despatch, you shall also be liable thenceforward for all expenses incurred by us in handling and storing the goods which are ready for delivery in pursuance of this order. All such goods will be held at customer’s risk from that date.
c) Without prejudice to b) hereof, if after fourteen days from the expiry of the seven days period mentioned in b), you have still failed to accept delivery of the goods we will be free to resell or otherwise dispose of the goods without prejudice to any rights we may have against you for breach of contract otherwise.
d) Where contracts involve more than one delivery, if default is made in payment or acceptance on due date in respect of any one delivery, we will at our option and without prejudice to any rights we may have hereunder or otherwise, be entitled to treat the contract as repudiated and to claim damages accordingly, but any failure or defect in any one delivery on our part shall not vitiate the contract as to the remaining deliveries.
e) While we will make every effort to affect deliveries as soon as goods are ready in accordance with pre-arranged dates, no guarantee is too implied as to delivery dates nor will we accept liability for loss or damage occasioned by delay in delivery however caused.
f) We reserve the right to complete delivery at any point suitable for our vehicles within the main entrance of the site or building specified.
5) CLAIMS
a) Where delivery is made by us to a carrier for transmission to you or your nominee, you must notify both us and the carrier in writing of any non-delivery or short delivery by the carrier or damage in transit, within such time as will enable to claimant to comply with the time limits currently laid down by the carrier for notification of claims.
b) We shall not be liable in respect of consequential loss or damage, nor in respect of conditions or warranties, whether express or implied at statute or at common law, which have not been confirmed by us in writing.
c) We shall not be liable in respect of any kind of claim or complaint against us unless you notify us thereof in writing within twenty eight days of delivery to you of the goods, (or in the case of non-delivery, within twenty eight days of the agreed delivery date) and we shall have the option of replacing, repairing or crediting the value of the goods in respect of which any kind of claim is made, thereby discharging all legal liability in respect thereof.
d) Return of goods after delivery will not be accepted unless we or our representatives have first had an opportunity to examine them.
6) TITLE & RISK
a) Responsibility for the safe custody protection and preservation of the goods after delivery has or is deemed to have taken place shall rest with the Buyer and shall in any event remain liable to pay for all goods delivered.
b) The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds, payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
c) Responsibility for the safe custody protection and preservation of the goods after delivery has or is deemed to have taken place shall rest with the Buyer and shall in any event remain liable to pay for all goods delivered.
7) OTHER CONDITIONS OF SALE
By ordering goods from us you will be deemed to have accepted that these Conditions take precedence over any other Conditions contained on or in any letter, acceptance form, receipt or the like received by us in connection with the goods so ordered and that any such other Conditions will not form part of the contract between us for the sale of such goods.
8) CONTINGENCIES
No Liability will be accepted for any failure of, or delay in, performance which is due wholly or partially to restriction by Government or other competent authority, strikes, lock-outs, failure in our anticipated supplies of raw materials or to any other cause whatsoever beyond our contract, but where we will be entitled to distribute such goods as we have available among our contract customer in such proportions as we may decide and we shall not in any circumstances be liable to fulfil any such individual contract.
9) SPECIFICATIONS
The Seller reserves the right to change the specifications of any goods in its sales literature at any time without notice. In the case of colours of laminate or melamine, no adherence to a particular shade of colour nor perfect consistency of colour can be guaranteed – a reasonable variation in both cases shall be accepted by you.
10) LAW
These conditions and the contract shall be subject to and construed in accordance with English Law.
