TERMS & CONDITIONS
1. THE CONTENT OF THIS CONTRACT
In this contract: –
“The Company” means Fawns Recreational Services Limited.
“The Goods” means goods or services sold or supplied by the Company to the Customer, as per this contract. “This Contract” means a contract between the Customer and the Company, including these Conditions.
This Contract governs the sale of goods by the Company to the exclusion of all other representations, statements, understandings, negotiations, proposals and agreements.
Where the Customer submits its own order form, these terms will prevail if they conflict with the terms in that form.
This includes any form that includes conditions similar to this one.
No employee of the Company, nor its agents have the authority to make any warranty, statement or promise concerning the Goods.
The only exception will be in writing and signed by Director of said Company. The Customers order will be subject to acceptance by the Company.
Conditionally, orders are accepted and delivery estimates are given. This is dependent on being able to secure the necessary labour or materials and without responsibility for delays or non-fulfilment. Regardless of this arises through risk and uncertainties of manufacture, strikes, accidents, force majeure or otherwise.
All drawings, descriptions and forwarding specifications are approximations only. As are particulars of weights and dimensions. They are not binding. Illustrations found in catalogues, price lists, sales literature and other advertisement material are for descriptive purposes only. None of these form part of this Contract (Terms & Conditions).
When the Company is asked to manufacture or supply Goods as per the Customers own specifications, the Company is not responsible for any non-compliance to relative standards for those Goods. The Company does not accept responsibility for the actual suitability of the goods for the purpose used.
We reserve the right to invoice the price ruling at date of despatch. All prices, unless otherwise stated, are for delivery “ex works”. They exclude the value of added tax. As well as any other tax or duty which is or may be levied or charged in the U.K. Furthermore, this also includes other countries of destination. Any such taxes, duties or charges will be paid by the Customer.
Packing cases and pallets will be charged as extra, unless otherwise specified. They will be credited in full on return carriage paid. They must be in good condition and received within one month of receipt by the customer. Export packing cases are not returnable.
The prices quoted are subject to increase in the cost of labour or material between the date of quotation and despatch of Goods from our works. Prices may not include installation costs.
If the Customer requests alterations to order, the price will be altered accordingly.
4. PROPERTY OF GOODS
a. Property of Goods delivered by the company will not pass to the Customer, until payment is made in full. In case of payment default, the Company shall be granted access rights in order to repossess the Goods. At all times before payment in full:
– the Goods shall stand in the Customer’s books, in the name of the Company.
– the Customer shall take appropriate steps to notify third parties of the Company’s interest in the Goods.
– in the event of threatened seizure of Goods or of appointment of a receiver or liquidator (or other event), the Company is entitled to terminate this Contract. Under section 9, the
Customer will immediately notify the Company. They will be entitled to enter the Customers premises and repossess the Goods.
If the Customer delivers goods to a third party before payment has been made in full to the Company, the Customer will hold all sums received for such Goods as trustee for the Company. They will remit them to the Company on receipt. Risk in the Goods shall pass on delivery.
Delivery will be “ex-works” as standard, unless the Company agrees otherwise. If the contract includes delivery by the Company, the Customer shall be responsible for giving the Company clear and accurate instructions regarding a delivery location.
Time will not be of the essence in terms of delivery. If Goods are to be delivered by a date specified by the customer or by the Company, such date is to be treated as an estimate only.
The Company does not guarantee that Goods will be delivered by such date. And they will accept liability for failure to meet said date.
6. SETTLEMENT TERMS
Where credit facilities exist, accounts are due for payment 30 days from date of invoice. Where special discount terms are quoted, the terms will be strictly adhered to. If not, the
account will be charged net. Unless otherwise agreed in writing, the customer will pay all sums due to the Company under the Contract, prior to delivery. They must be paid in cash or cleared cheques, in pounds sterling only. If the Company does not receive full unconditional payment, regardless of terms of credit facilities, within 30 days from delivery, the Company may charge a daily interest on such payments. This will be at a rate equal to 5% p/a above the Base Lending rate of Barclays Bank plc. Moreover, such interest will run from day to day to accrue before, as well as after, any judgement.
The Company has the right to refuse credit accounts for any Customer it sees as a potential risk.
a. The Company does not accept responsibility for any damage, shortage or loss in transit unless:
– told about non-receipt of goods within 3 days of advice/delivery.
– they are told about any breakage, damage or shortage, within 3 days of receipt of Goods. The carriers note must be marked as “unexamined”.
All sizes are approximate. Variations during course of manufacture are unavoidable and liability is not accepted for them. When Goods are offered and supplied as per Customer’s design and specifications, no guarantee is given or implied of their suitability for the purpose in which they are to be used. If, before twelve months from the date of invoice, the Company is notified for a fault in the Goods which is due to faulty design, manufacturing or materials, the Company will replace or (at its discretion) repair faulty parts.
Delivery is free of charge on an ex-works basis providing:
– the Goods have been properly stored, used and maintained, in accordance with the manufacturers or the Company’s instructions, if any. They must not have been Modified in any way.
– any given fault is not a result of accidental or wilful damage. Interference with or maintenance of the Goods by persons other than the Company or its duly appointed Agent is unacceptable also.
– the fault is not due to faulty design by the Customer, especially if the Goods have been manufactured as per that design.
– this does not cover fair wear and tear.
– the Customer is required to return faulty Goods to the Company for exchange or repair. This is at the Customers own cost and the Company will not be liable for any labour installation charges. Regardless of whether removal and subsequent re-installation of any such parts is required.
8. LIMITATIONS OF LIABILITY
Except where expressly contained in this Contract (Terms & Conditions), all warranties, conditions, undertakings and representations, expressed or implied, statutory or otherwise, are excluded. The Company has no obligation, duty or liability in Contract, tort (including negligence or breach of statutory duty) or otherwise.
In any event, the Company’s liability arising for any reason in connection with this Contract (Terms & Conditions) will be limited to the original invoice value of the Goods.
The Company are not liable in Contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or
anticipated savings. Nor for any indirect or consequential loss or damage whatever.
The Company does not exclude or restrict liability for death or personal injury, resulting from its own negligence. Each provision of this Contract is to be construed as separate limitations applying and surviving. Even if for any reason one or other of the said provisions are held unreasonable in any circumstance. It will remain in force, not withstanding termination of this Contract.
The Company reserves the right to enforce a cancellation charge of 20% of the order value, in event of the order being cancelled by the Customer. Any charge is non-negotiable and is solely at discretion of the Company.
The Company will have the right to terminate this Contract (Terms & Conditions) and to claim for losses or expenses if:
– the Customer commits a breach of the contract and fails to remedy said breach within a reasonable time, or a written notice to do so
– the Customer commits act of bankruptcy or compounds with creditors. The same applies to a petition or receiving order of bankruptcy is presented or made against Customer. Furthermore, a petition for an administration order is presented (otherwise than for reconstruction or amalgamation) or an administrative receiver or any similar event occurs under the laws of the state where the Customer was incorporated.
11. FORCE MAJEURE
The Company is not liable in respect of any breach of this Contract (Terms & Conditions) due to any cause beyond its control. This includes Acts of God, inclement weather, floods, lightning, fire, industrial actions or lockouts. Acts of omission by Government, highway authorities or other competent authority, including military operations or riot, are also exempt. In conclusion, the act of omission of any part for whom the Company is not responsible.
The Customer will indemnify the Company against all damages, penalties, cost and expenses arising out of any claim by a third party. This includes infringement or alleged infringement of any third party’s industrial or intellectual property rights. This applies to all work carried out in accordance with Customers specifications.
Copyright applies to all drawings and tracings prepared by the Company and are the Company’s property. They are confidential. The Customer will not publish or disclose such drawings or tracings under any circumstances, without the Company’s permission in writing.
13. APPLICABLE LAW
The Law of England shall be the proper law of Contract.
If you have any questions regarding the Terms & Conditions, please contact us.