Definitions
"Company" means Firemac Ltd, trading as Firemac"Conditions" means the terms and conditions set out in this document and any special terms and conditions agreed in writing by the Company. These Conditions govern all orders to and contracts with the Company for the supply of goods and services and override any other terms and conditions stipulated, incorporated or referred to by the customer. Accordingly these Conditions of supply of goods and services, except where they are varied by the Company in writing, are the only conditions upon which the Company supplies goods or services.
"Delivery Date" means when the goods are to be delivered.
"Goods" means the articles which the Purchaser agrees to buy from the Company.
"Price" means the price for the Goods excluding carriage, packing, insurance and VAT.
"Purchaser" means the person who buys or agrees to buy the Goods from the Company.
Conditions
These conditions shall apply to all contracts for the sale of Goods by the Company to the Purchaser to the exclusion of all other terms and conditions including any terms or conditions which the Purchaser may purport to apply under confirmation of order or similar document or any trading practices.All orders for Goods shall be deemed to be an offer by the Purchaser to purchase Goods pursuant to these Conditions.
Acceptance of delivery of these Goods shall be deemed conclusive evidence of the Purchaser's acceptance of these Conditions.
Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless specifically agreed in writing by a Director of the Company.
Statements or representations of whatever kind and however made, including, but not limited to those as to weights, measurements, performance, descriptions, details of design, prices, charges and whether contained in catalogues, advertisements, brochures, technical bulletins, photographs, descriptive materials, verbal representations or otherwise are approximate only and shall not be binding upon the Company.
Price and Payment
Where the Company is asked to give a quotation then the Price of the Goods shall be the Company's quoted price which shall be binding upon the Company provided that the Purchaser shall accept the Company's quotation within 30 days. Such quoted Price shall be exclusive of VAT which shall be due at on the date of the VAT invoice.The Price shall be the Company's quoted price. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Company's invoice.
The Company reserves the right vary its prices without notice and unless otherwise agreed in writing prices will be those ruling at the time of delivery. The Company also reserves the right to increase prices as a result of the imposition of any duty or tax or by adjustments or alterations in currency prices of exchange.
All prices are exclusive of duty or VAT.
Payment of the Price and the VAT shall be made by the last working day of the month (Monday ñ Friday) following the month of the invoice. The Company shall not be bound to deliver the Goods until the Purchaser has paid for them.
Interest on overdue invoices shall accrue and be payable by the Purchaser from the date when the payment becomes overdue on a daily basis until the date of payment at a rate of 4% above the base rate of HBOS PLC and shall accrue at such a rate after as well as before any judgement .
If the Purchaser fails to make any payment on the due date then without prejudice to any of the Company's other rights the Company may:
Suspend or cancel deliveries of any articles due to the Purchaser under this or any contract and/or
Appropriate any payment made by the Purchaser to such of the Goods (including any Goods supplied under any other contract with the Purchaser) as the Company may, to its sole discretion, see fit.
Prices are the Company's ex-works prices and where the Company agrees to arrange for the Goods to be sent to the Purchaser or the Purchaser's nominated address then unless otherwise agreed by the Company the Purchaser shall be responsible for the costs of loading carriage and unloading.
The Goods
The quality and description of the Goods shall be as set out in the Company's quotation or catalogue, whichever is appropriate.The Company may from time to time make changes in the specification of Goods which are required to comply with any applicable safety or statutory requirements of which do not materially effect the quality or fitness for purpose of the Goods.
Warranties and Liability
The Company warrants that the Goods will at the time of delivery correspond to the description given by the Company. Except where the Purchaser is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded and under no circumstances shall the Company be liable for loss of profit or other indirect loss.The Company shall under no circumstances be liable for any loss or damage arising from the Goods being used in or for any hazardous purpose.
Cancellation
No cancellation or suspension shall be valid without the prior consent of the Company. No cancellation whatsoever will be accepted by the Company for non standard goods ordered specially for the Customer.Delivery of the Goods
Delivery of the Goods shall be made at the Purchaser's address on the Delivery Date. Unless otherwise agreed by the Company the Purchaser shall make all arrangements necessary of, and to transport the Goods wherever they are intended for use.The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of these Conditions.
The failure of the Purchaser to pay for any one or more of the said instalments of the Goods on the due dates shall entitle the Company (at the sole discretion of the Company).
Without notice to suspend further deliveries of the Goods pending payment by the Purchaser; and
To treat the contract as repudiated by the Purchaser .
The risk in the Goods shall pass to the Purchaser upon delivery.
Acceptance of the Goods
The Purchaser shall be deemed to have accepted Goods 24 hours after delivery to the Purchaser.After acceptance the Purchaser shall not be entitles to reject Goods which are not in accordance with the Contract.
Any discrepancy between the Goods and the Company's packing note must be notified within 24 hours of their arrival at the Purchaser's delivery address.
No Goods delivered to the Purchaser which are in accordance with the Contract will be accepted for return without the written authorisation of the Company in accordance with the Companyís returns authorisation procedure and on terms to be determined at the absolute discretion of the Company.
If the Company agrees to accept such Goods for return the Purchaser shall be liable to pay a handling charge of 20% of the invoice price. Such Goods must be returned by the Purchaser carriage paid to the Company.
Goods returned without the prior written approval of the Company may at the discretion of the Company may be returned to the Purchaser or stored at the Purchaserís cost without prejudice to any rights or remedies the Company may have.
Any Goods properly rejected by the Purchaser shall be returned forthwith to the Company for testing and any Goods found to be faulty the Company may, to its sole discretion, elect whether to replace Goods or issue a credit note, either of which option shall be in full satisfaction of the Company's liability to the Purchaser.
Any rejected Goods subsequently found by the Company not to be faulty shall be paid for by the Purchaser in addition to any replacement Goods supplied and the provisions of clause 8.5 shall apply.
Retention of title
Notwithstanding that risk in the Goods shall pass to the Purchaser upon delivery full legal and equitable title and interest in all and any of the Goods shall remain in the Company and shall not pass to the Purchaser until the Company shall have received payment in full of all amounts due and owing from the Purchaser to the Company for the time being (including any interest accruing and owing to the Company) and from time tot time in respect of such Goods and all other Goods supplied by the Company to the Purchaser at any time.During such time as title in the Goods remain in the Company the Purchaser shall store or otherwise keep the Goods in such a way as clearly to indicate at all times that the Goods are owned by the Company and shall not remove, obscure or delete any mark placed on the Goods by the Company which may enable the Goods to be identified.
In the event of any dispute arising as tot the ownership of any of the Goods sold under this or any other Contract between the parties , title shall be presumed not to have passed unless the Purchase proves to the contrary.
If the Purchaser shall sell any of the Goods it shall hold all the proceeds of the sale as trustee for the Company and shall (until payment of amounts due to the Company) place such proceeds in a separate bank and hold the same to the order of the Company. If the Purchaser shall sell any goods incorporating the Goods it shall hold so much of the proceeds of the sale as relate to the Goods act as trustee for the Company and shall (until payment of amounts due to the Company) place such proceeds in a separate bank and hold the same to the order of the Company.
Upon any such sale by the Purchaser of the Goods or goods incorporating the Goods all rights which the Purchaser may have signed against the purchaser of them shall automatically vest in the Company. The Purchaser shall indemnify and keep indemnified the Company in respect of any proceedings action or claim of any nature whatever made or brought by the said purchaser against the Company in respect of the Goods or any of them.
Without prejudice to any other rights or remedies arising out of any breach of contract by the Purchaser the Company shall until payment for the Goods is entitled to repossess all or any of the Goods and to take possession of all or any of the goods incorporating the Goods.
For the purposes of any repossession pursuant to sub class 9.6 the Company or its agent shall be entitled to enter upon any relevant land or buildings with such transport as may be necessary and all costs incurred by the Company shall be borne by the Purchaser.
Remedies
Where the Purchaser rejects any Goods then the Purchaser shall have no further rights whatever in respect of the supply to the Purchaser of such Goods or the failure of the Company to supply Goods which conform to the contract of sale.Where the Purchaser accepts of has been deemed to have accepted any Goods then the Company shall have no liability whatever to the Purchaser in respect of those Goods.
In the event that the Purchaser incorrectly rejects the Goods or any part then the Company shall be entitles to charge to the Purchaser any handling charge and any other loss or expense which it suffers as a consequence thereof.
Any returned Goods shall be accompanied by the Company's sales order number, the specific invoice number and the date upon which the Purchaser received the Goods, failing which the Company shall be under no liability whatsoever.
The Company shall not be liable to the Purchaser for late delivery or short delivery of the Goods.
The Company shall be under no liability whatever to the Purchaser to any indirect or direct loss and/or expense (including loss of profit) suffered by the Purchaser arising out of a breach by the Company of these conditions and any contract made thereunder.
In the event of any breach of these conditions and any contract made hereunder by the company the remedies of the Purchaser shall be limited to damages. Under no circumstances shall the liability of the Company exceed the price of the Goods.
Drawings, Guarantees and Intellectual Property
Any drawings or details of quantities or other information supplied by Firemac must be treated as approximate and shall be subject to verification by the Customer and in the event of any alteration, modification or amendment thereto after quotation Firemac reserves the right to alter, modify or amend the quotation accordingly.All intellectual property rights (including without limitation patents, copyright, rights in a design and trade mark) in the goods or services are the property of Firemac and nothing in these Conditions shall be construed as constituting an assignment of licence thereof.
The Company's employees or agents are not authorised to make any representations, or give any advice or recommendations concerning the goods or services unless confirmed by the Company in writing. In entering into the contract the Purchaser acknowledges that that it does not rely on, and waives any claims for breach of, any such representations, advice or recommendation which are not so confirmed.
If the goods are manufactured by the Company, or the Company applies a process in accordance with the specification of the Purchaser then the Purchaser shall indemnify the Company against all loss, damage, cost and expense awarded against or incurred by the Company incurred in connection with the infringement of any intellectual property or any other person resulting from the Company's use of the Purchaser's specification.
Proper Law
This contract is subject to the law of Scotland to whose exclusive jurisdiction the parties hereto irrevocably submit save that the Company may take protective proceedings in any jurisdiction it deems necessary to protect its interests.Disclaimer
1. Firemac's policy is one of continuous development. We thereby reserve the right to change designs and specifications without prior notice.2. All products are subject to our Terms and Conditions of Sale, please see above.
3. The information, illustrations etc within this website are provided in good faith. Firemac do not accept responsibility for any errors, ommissions or misinterpretations of any of the information. The publication has no statutory authority, and therefore approved documents or the appropriate Building Regulations must be consulted in all instances.
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