APPLICATION OF CONDITIONS
All Goods supplied by the Seller are supplied on the following terms and conditions and no variation hereof or terms inconsistent herewith shall have effect unless such variation or term is expressly accepted by the Seller in writing.
The price payable for the Goods shall be the price ruling at the date of despatch and applicable to the appropriate place of delivery according to the Seller’s price list for deliveries to the mainland of Great Britain. An additional charge will be payable in respect of deliveries to other United Kingdom locations. In the case of export sales, the price payable shall be the price ruling on the date of despatch and (if applicable) appropriate to the place of delivery according to the Seller’s export price list. The Seller reserves the right to vary prices without notice.
QUALITY AND LIABILITY
- a) The Seller warrants and undertakes that the Goods shall: (i) be of sound and merchantable quality.
(ii) be in accordance with the Seller’s specification thereof for the time being in force.
(iii) in a sale by description or sample, correspond with the description or sample as the case may be.
(iv) be fit for the ordinary purposes specified or set out in the Seller’s published literature or instructions for use and such other purposes as the Seller may agree in writing with the Buyer.
- b) Except as stated in a) above, and insofar as it is legally permissible to do so, all express and implied conditions and warranties, statutory or otherwise, as to quality or correspondence with description or sample, or fitness for any purpose of the Goods, are hereby expressly excluded.
c)The Seller hereby notifies the Buyer that the price for the Goods payable hereunder has been determined on the basis that the Seller’s liability for any breach of warranty under a) above, or for any liability arising out of any recommendation or advice given by the Seller or its employees or agents to the Buyer or its employees or agents to the storage, application or use of the Goods shall be limited to the Seller’s option to (i) refund of the purchase price of the Goods, or
(ii) replacement of the Goods and the Seller’s liability (so far as the law permits) shall be limited accordingly.
Unless otherwise agreed in writing:
- a) delivery estimates given by the Seller are for the assistance of the Buyer, but the Seller shall be under no liability for any failure or any delay in despatch or delivery, nor for any loss or damage whatsoever arising there from.
- b) the unloading of the Goods on delivery from any vehicle is the responsibility of the Buyer, who shall unload without undue delay.
- c) in any case where forwarding instructions are required from the Buyer, and the Seller has given notice that the Goods are ready for despatch, the Buyer shall give such instructions in reasonable time and so as to require delivery within 30 days from the date of the Seller’s notice. If the Seller does not receive such forwarding instructions it shall (without affecting the obligation to sell and deliver Goods) be at liberty to dispose of the Goods which are the subject of the notice of readiness as it thinks fit.
- d) delivery shall be deemed to have been completed when the Goods have been unloaded from the vehicle delivering them, and the Seller shall not be required to investigate the authority of the persons receiving the Goods to act on behalf of the Buyer. Export sales shall be upon such terms of delivery and otherwise as may be agreed.
The price of any Goods shall be paid with the order and any subsequent increase or decrease in the price payable hereunder shall be adjusted by the Seller and the Buyer upon delivery of the Goods. Payment is due on receipt of invoice and terms stipulated at tender stage as standard. If, or for as long as, the Seller is willing to supply on credit terms (by pre-arrangement only), the Buyer shall (unless otherwise agreed) pay the price and any other charges not later than 30 days from the date of invoice.
Payment by cheque will not be deemed as received until funds are confirmed as cleared to the seller.
RISK AND PROPERTY
The risk in the Goods shall pass to the Buyer upon delivery of the Goods to the Buyer or to any carrier or location nominated by the Buyer. The Seller and the Buyer
expressly agree that until the Seller has received in cash or cleared funds payment in full for the Goods and until all other sums due from the Buyer to the Seller on any account whatsoever have been paid in full:
- a) property in the Goods shall remain in the Seller and the Goods shall be received and held by the Buyer as bailee for the Seller and the Buyer shall store the Goods without charge to the Seller in such a manner that they are clearly identified as the property of the Seller.
- b) the Seller may recover all or any of the Goods from the Buyer without notice at any time they are in the possession of the Buyer and for that purpose the Seller and its servants and agents may enter upon any land or building upon which the Goods are situated.
- c) without prejudice to the foregoing provisions of this Clause the Buyer has the right to dispose of the Goods in the ordinary course of its business but only for the account of the Seller and in the event of such disposal, the Buyer has the fiduciary duty to the Seller to account to the Seller for the proceeds separate from any moneys or property of the Buyer and third parties hereto.
- d) the Buyer shall without charge to the Seller ensure that the Goods and any products in which they are incorporated are kept in good condition and repair and shall keep such goods and products insured against all risks to their full replacement cost under a policy which provides for all monies payable thereunder to be paid to the Seller for the purpose of satisfying from such monies any outstanding claims by the Seller against the Buyer and paying the balance (if any) to the Buyer.
- e) the Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness of the Goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
DAMAGE AND LOSS
No claim shall be maintainable by the Buyer against the Seller for loss or damage to the Goods unless the delivery ticket is appropriately endorsed with brief details of the loss and/or the nature of the damage, and a written claim is submitted to the Seller within 10 days of the date of despatch shown on the delivery ticket.
PACKAGING, PACKING CASES, PALLETS, DRUMS AND OTHER PACKING MATERIALS
If charged for separately, credit will be allowed in full, provided they are returned in good condition carriage paid to our works within three months of delivery of the Goods.
Neither the Seller nor the Buyer shall be responsible for any failure to fulfil any terms of this Agreement if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which are not within the control of the Seller or the Buyer as the case may be, or by shortage of suppliers required for, or in connection with, the manufacturer of the Goods or by compliance with any order or request of any national port, local or other authority. If the Seller is at any time delayed or hindered in delivering the quantity which is deliverable under contract with the Buyer and at the same time maintaining in full its business in the Goods, the Seller shall be at liberty to withhold, suspend or reduce deliveries to such extent as the Seller in its discretion may think fit and reasonable, and shall not be bound to acquire by purchase or otherwise additional quantities from the suppliers.
English law shall apply and any dispute shall be settled in the English Courts.
NOTE: Prices on this site apply to Great Britain mainland only. All prices may be subject to variation without prior notice.
VAT – Prices charged on our price lists are exclusive of VAT.
Containers – Free and non-returnable.
Carriage – Paid home when delivered to Great Britain mainland.
administration and delivery charge.
Terms – As stated in payment section above.
In the event that any of the terms and conditions herein shall be invalid this agreement shall be construed as if any such invalid terms and conditions were delated to the effect that the remaining terms and conditions shall remain in full force and effect
All certification invoices and maintenance paperwork including extinguisher service labels and header labels are intellectual property of Fire Crest Fire Protection and fall within copyright laws.
All fire extinguisher maintenance labels remain the property of Fire Crest Fire Protection, Fire Crest Fire Protection trading as JG Fire Protection and Mike Westlake Fire Protection trading as Fire Crest Fire Protection. They may only be amended by authorised Fire Crest Fire Protection personnel. Fire Crest Fire Protection reserve the right to withdraw the labels upon request, responsible access to be given to Fire Crest Fire Protection staff. A separate record of the extinguisher maintenance record will be provide.
By supplying Fire Crest Fire Protection we reserve the right to invoice on to manufactures / wholesalers, any cost involved with replacing faulty equipment.
N.B. Routine servicing or emergency call outs of a fire detection and fire alarm system does not constitute a fresh review of system design, imply compliance with a standard or imply it is a correct grade and type of alarm for a property and its uses. For more information and advice please call 01209 831417 or email firstname.lastname@example.org