Terms & Conditions November 2020
- The definitions and rules of interpretation in this condition apply in these terms and conditions. “Buyer”, means the individual, firm or company which purchases Goods from the Company on the basis of these contractual terms and conditions
“Company”, means Firexo Limited
“Contract”, means any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions;
“End User” means any customer of the Buyer to whom Goods purchased from the Company may have been re-sold;
“Goods”, means any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
- A reference to any law is a reference to it as it is force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation from the time being in force made under it.
- Condition headings do not affect the interpretation of these conditions.
- Subject to any variation under condition 1.5 the Contract shall be on these conditions to the exclusion of all other terms and conditions.
- These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
- Each order placed for Goods by the Buyer on the Company’s website (www.firexo.com) shall be deemed to be an offer by the Buyer to buy Goods subject to these terms and conditions.
- No order placed by the Buyer shall be deemed to be accepted by the Company until a written email acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
- All prices quoted for fire extinguishers or other products are inclusive of:
- VAT which will be added to the invoice at the standard rate; and
- Delivery costs, provided that the delivery address is within the UK.
3. Payment and Title
- No payment shall be deemed to have been received until the Company has received cleared funds from the Buyer.
- Title to Goods shall not pass to the Buyer until cleared funds have been received by the Company, even if the applicable Goods have been delivered to the Buyer.
- All goods ordered are those goods available from stock which are unsold at the time of the Buyer’s order.
- Any dates specified/indicated by the Company for delivery of the Goods are intended to be an estimate and time for delivery cannot be made of the essence by notice given by the Buyer. If no delivery dates are specified, delivery shall be within a reasonable time.
- Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and/or similar losses), costs, damages, charges and expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 28 days.
- The quantity of any consignment of Goods as recorded by the Company on dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provided conclusive evidence proving the contrary.
6. Returns & Refunds
- If any items arrive damaged during transit customers should advise us within 48 hours of receiving their goods (or 72 hours if delivery is made on a weekend or public UK holiday). After investigation (if the Company considers this necessary at its sole discretion) we will usually arrange a free of charge collection and offer a full refund, or replace the items with free delivery.
- We will endeavour to ensure deliveries are made on a next day basis however this cannot be guaranteed, for instance when a payment is declined or delayed, the order is made outside our usual business hours, or there is a logistical delay with the courier.
- Order cancellations can only be made in accordance with any statutory rights afforded to the Buyer under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- The Company warrants to the Buyer that (subject to the other provisions of these conditions) on delivery, and for a period of 12 months from the date of delivery, the Goods shall:
- comply with the description stated in its current literature subject to standard tolerances in capacity, weight and other specifications.
- be of satisfactory quality within the meaning of the Consumer Rights Act 2015;
- The Company shall not be liable for a breach of any of the warranties in condition 8.1 unless:
- the Buyer/End User gives written notice of the defect to the Company within 14 days of the time when the Buyer/End User discovers or ought to have discovered the defect; and
- the Company is given reasonable opportunity after receiving the notice of examining such Goods.
- The Company shall not be liable for a breach of the warranties in condition 8.1 if:
- The Buyer makes any further use of such Goods after giving such notice; or
- the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
- the Buyer alters or repairs such Goods without the written consent of the Company; or
- the defect arises after (and because of) the provision of any maintenance service agreed separately between the Buyer and a third party which is not an approved Service Provider of the Company (as published on the Company’s website).
- Subject to conditions 8.2 and 8.3, if any of the Goods do not conform with the warranties in condition
- the Company shall at its discretion repair or replace the Goods (or the defective part thereof) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company’s expense, return the Goods or the part of such Goods which is defective to the Company.
- To the extent the provisions of this clause are contrary to any of the Buyer’s statutory rights in the UK (or otherwise) then the remaining parts of these terms and conditions shall remain valid and enforceable in all other respects.
- If the Company complies with condition 8.4 it shall have no further liability for a breach of the warranties in condition 8.1 in respect of such Goods
9. Limitation of liability
- The following provision (clause 9.4) set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
- any breach of these conditions;
- any use made or resale by the Buyer of any of the goods, or of any product incorporating the Goods ; and
- any representation , statement or tortious act or omission including negligence arising under or in connection with the Contract.
- All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Consumer Rights Act 2016) are, to the fullest extent permitted by law, excluded from the Contract.
- Nothing in these conditions excludes or limits the liability of the Company:
- for the death or personal injury caused by the Company’s negligence; or
- for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
- for fraud.
10. Intellectual Property
- The name Firexo is protected by registration as a trade mark and the Goods all comprise of patent protected intellectual property created by the Company in the course of its business. The Buyer acknowledges the value of this intellectual property to the Company and agrees (whether itself or through third parties) not to infringe any intellectual property belonging to the Company.
- The Company shall be relieved of all liability whatever in respect of any delay or non-performance in the fulfilment of its obligations if prevented or impeded as a consequence of (directly or indirectly) war civil commotion insurrection government restrictions or regulations transport difficulties strikes lock-outs accidents shortage of labour materials equipment fuel power machinery breakdown or any other cause whatsoever beyond the reasonable control of the Company regardless of whether such cause existed at the date of the order. At any time after any such event shall occur the Company shall be entitled to suspend or terminate the performance of the Contract.
12. Governing Law
- These terms and conditions and any Contract to which they are applicable shall in all respects be construed in accordance with English law.
13. Specification Changes
- The Company’s policy is one of continuous improvement and it reserves the right to make reasonable changes to product specification from time to time at its discretion.
- To the best of the Company’s knowledge and belief all its Goods comply in all respects with the requirements of all applicable health and safety legislation (including but not limited to Section 6 of the Health & Safety at Work Act 1974, the General Product Safety Regulations 2005 and the Pressure Equipment (Safety) Regulations 2016). However if any competent prosecuting authority declares that any of the Goods are unsafe or a risk to health in any respect the Buyer shall notify the Company immediately and the Company shall at its own expense make such modifications to the Goods or supply such additional replacement parts for the Goods as such authority shall consider necessary to ensure that the Goods comply with the legal or regulatory requirements. The Buyer shall ensure that the Goods will be safe and without risk to health when properly used and in particular shall ensure that the Goods are used in accordance with any instruction manual or installation instructions which the Company may supply.
Edition date: 11 November 2020