TERMS & CONDITIONS

FIRE STORM FIRE & SMOKE CURTAINS LTD CONDITIONS OF SALE

DEFINITIONS in these conditions the following expressions shall have the following meanings;

1. the company shall mean Fire Storm Fire & Smoke Curtains Ld the buyer shall mean the person ,firm or company with whom any contract to sell goods is made by the company. Goods shall mean the article or thing or any them described in the contract between the company and the buyer for the sale, service or supply of goods.

2, GENERAL, These conditions shall be deemed to be incorporated in all contracts of the company to sell goods and in the case of any inconsistency with any order. Letter or form of contract sent by the buyer to the company or any other communications between the buyer and the company whatever may be their respective dates the provisions of these conditions shall prevail unless expressly varied in writing and signed by the owner on behalf of the company.

3. ORDERS. Notwithstanding that the company may have given a detailed quotation no order shall be binding on the company unless and until it has been acknowledged in writing by the company provided that where the company gives a fixed price quotation it will be held for the time stated therein but will apply only to the quantities and types of product quoted and will be subject to the provision that such product are available in the companys standard range at the buyers order is placed.

4. CANCELLATION Save as provided in clause 8(b) and 9 hereof contracts or orders may not be cancelled except by agreement in wring of both parties and upon the payment to the company of such amount as may be necessary to indemnify the company against all loss resulting from the said cancellation.

5. QUOTATIONS & PRICES The company shall be entitled to increase its prices at any time to take account of any increase in the cost to the company of purchasing any goods or materials or manufacturing working on or supplying any goods (including but not limited to any such increases arising from any error or inadequacy in any specifications, instructions or design provided by the buyer, any modification carried out by the company at the buyers request or any change in exchange rates) and such increased prices ruling at the date of dispatch by the company shall be substituted for the previous contract price.

All prices quoted are exclusive of any applicable value added tax and the buyer shall pay any and all taxes duties and other government charges payable in respect of the goods.

6. CARRIAGE unless otherwise agreed in writing by the company the company shall transport goods by means most convenient to the company to the address at which the buyer resides or carries on business. The company shall be entitled to add to the contract price a reasonable charge for packaging and transportation.

Where the buyer requests delivery in a matter other than selected by the company in sub-clause (a) above any difference in price shall charged to the buyers account.

In all other cases the prices are exclusive of carriage and insurance to the buyers premise.

7. PAYMENT .Settlement terms are net or subject to discount for early settlement (where applicable) as may be shown on the invoice.

Payments must be received within seven days from date of invoice unless credit accounts have been agreed in writing (subject to successful credit application).

Credit accounts must be settled by the end of the following month following month of the date of invoice.

The company reserves the right to charge interest at a rate equal of 1.5% per calendar mouth on all amounts for which payment remains outstanding.

Should payments not be made within the time specified the company reserves the right to add the cost of recovery of the payment to the contract.

The company reserves the right to collect part payment at any given time for any work complete as part of an order, or to collect the full amount of the order before completion as a deposit on the contract.

8. DELIVERY / COLLECTIONS

If the contract requires the buyer to take delivery of the goods at the companys premises the company shall notify the buyer of the collection date (being the date on which the goods are or will be ready for delivery). And the buyer shall take delivery of the goods within 7 days of the collection date.

Should the company be delayed in or prevented from making delivery/collection of the goods or carrying out the services due to any cause whatsoever beyond the reasonable control of the company the company shall be at liberty to terminate the contract or suspend the order placed by the buyer without incurring any liability for any loss or damage arising there from, but without prejudice in any such case to rights accrues to the company in respect of collections/deliveries already made.

While the company will endeavor to deliver/collect goods or carry out services by any date or within any time periods agreed upon. Such dates periods are estimates only given in good faith and company will not be liable for failure to deliver/collect the goods or carry out the services by such a date or within such a period, Time for delivery/collection shall not be of the essence of the contract. Moreover, The Company shall be entitled to defer delivery or completion of outstanding contracts until any monies due from the buyer have been received.

Where the goods are to be delivered/collected in installments, each delivery/collection shall constitute a separate contract and failure by the company to deliver/collect any one or more of the installments in accordance with these conditions or any claim by the buyer in respect of any one or more installment shall not entitle the buyer to treat the contract as a whole as repudiated.

If the buyer fails to take delivery of the goods or fails to give the company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the buyers reasonable control or by reason of the companys fault) then without prejudice to any other right or remedy available to the company, The company may at its opinion.

I. Store the goods until actual delivery and charge the buyer for the reasonable costs (including insurance) of storage or,

II. Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the buyer for the excess over the price under the contract or charge the buyer for any shortfall below the price under the contract. The buyer shall pay such shortfall to the company within 28days of the demand thereof.

Buyers materials which have been signed for as collected. will become the responsibility of the company, until such time that the buyers materials have been signed as delivered to the buyers premises or designated delivery address. Any discrepancies between the collection and the delivery note will be rectified y the company. Collected materials must correspond to the buyers official purchase order.

9. DEFAULT OR INSOLVANCY OF BUYER If the buyer shall fail to accept the goods or any installments thereof or shall fail to pay any sum due to the company at the proper time or if the buyer shall commit any act of bankruptcy petition be presented against him or (if the buyer is a company) if any a resolution or petition to wind up such a company shall be passed or presented or if a receiver of the whole or any part of such a companys assets shall be appointed , the company and the buyer or may be notice in writing suspend further deliveries of goods until any defaults by the buyer be redeemed.

10. SPECIFICATIONS. The company reserves the right to alter the specifications of goods without notice provided that such alterations result from an improvement in the relevant specifications supplied by the buyer. The buyer will pay for the order notwithstanding variations.

11. Buyers orders. The company shall not be liable for imperfect work caused by any inaccuracies in any drawing, bill of quantities or specifications, supplied by the buyer.

12(I) PASSING OF TITLE OR RISK From the time of delivery of the goods to the buyers premises the goods shall be the risk of the buyer who shall be solely responsible for their custody and maintenance as if he were the owner but shall remain the property of the company until payment thereof has been made in full unconditionally. While the ownership of the company continues the buyer shall keep the goods separate and identifiable from all other goods in its proceeds of sale thereof shall be held in trust for the company by the buyer who will stand in strictly fiduciary capacity in respect thereof.

In the event of failure to pay in accordance with contractual obligations the company shall have the power to remove goods and resell them(if removed does not destroy the goods) and charge for the cost of equipment and materials to do so).

12(II) OUR RIGHT OF ACCESS The buyer will authorize the company to enter any land or premises where the company reasonably believes any goods to be. In order to inspect test, repair, replace or repossess it. This includes any third parties in the event the company is a subcontractor to the buyer.

12(III) DEFECTIVE GOODS Any conditions or warranties (whether expressed or implied by statute, common law or arising from conduct or previous course of dealing or trade custom or usage) as to the quality of fitness of the goods for any particular purpose even if that purpose is made known expressly or by implication to the company or that the goods shall correspond with any description or specification are hereby expressly excluded.

In substitution for all and any other rights which would or might have had but fir these conditions the company undertakes to supply free of charge at the place of delivery specified by the buyer for the original goods a replacement of the goods if manufactured or processed by the company in which a serious defect in materials or workmanship appears within 1 year of delivery to the buyer provided that in any case the goods has been accepted and paid for in full.

In the case of the goods not of the companys manufacture the company will pass on to the buyer any benefits obtainable under any warranty given by the companys supplier provided the goods have been accepted and paid for.

In order to exercise its rights under this paragraph the buyer shall inform the company within seven days of the date of delivery when such defect appears ought reasonably to have discoverable.

Nothing herein shall impose any liability upon the company in respect of any defect in the goods arising out of fair wear and tear the fitting, dismantling or altering of the goods or fitting any attachments hereto after dispatch from the companys premises or arising out of the acts, omissions, negligence or default of the buyer, its servants or agents or any third party including in prejudice to the generality of the foregoing; in any failure to the buyer to comply with any recommendations of the company as to storage and handling of the goods. Faulty installation or improper use.

Nothing herein shall have the effect of excluding or restricting the liability of the company for death or personal injury resulting from its negligence.

13. REPRESENTATION No statement description, information, warranty, condition or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of the company shall be consumed to enlarge, vary or override in any way of these conditions.

14. HEADINGS The headings in the clauses in the conditions are intended for reference only and shall not affect the construction of these conditions.

15. PROPER LAW, the contract shall in all aspects be governed by English law and shall be deemed to have made in England and the buyer and company agrees to submit to the exclusive jurisdiction of the English courts.

 

Fast Track Premium Supply & Manufacturing Service

Normal production times will be stipulated on the supply of all quotations. We do offer a Premium Supply & Manufacturing Services which carries an additional charge of 10% of the final quote given. This extra cost covers advanced raw material supply, additional labour costs which includes all overtime needed, plus your order will be handled by a dedicated production manager who will overlook every stage of your production, personally. Please ask your sales representative about this additional service.