1. Definitions
"Company" means Fire Protection Centre Limited with registered office at Atkinsons Way, Foxhills Industrial Estate, Scunthorpe DN15 8QJ.
“Consumer” means an individual who is not acting for the purposes of his or her business or profession.
“Customer” means any person, body of persons, firm or company (acting in its own right or through any employee or agent) with whom the Company enters into a contract for the sale of the Goods by the Company.
“Contract” means any contract describe in the above definition of “Customer”.
“Goods” means the products advertised for sale by the Company on its website www.fireprotectioncentre.com
“Website” means www.fireprotectioncentre.com
2. Terms & Conditions Apply to all Contracts
2.1 All Contracts between the Company and the Customer are subject to these terms and conditions which shall be deemed to be incorporated into any Contract between the Company and all or any of its Customers.
2.2 In the event of any conflict between these terms and conditions and any other terms and conditions, whether express or implied, incorporated or referred to in any communication from the Customer then these terms and conditions shall prevail and the Customer's terms and conditions shall be excluded in whole from the Contract.
3. Acceptance of Customer’s Order by the Company
3.1 Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these Terms and Conditions is intended to impinge on a Consumer’s statutory or contractual rights to reject faulty goods.
3.2 The Company's acceptance of the Customers order (including telephone orders) shall be effective, and the Contract shall be deemed to come into existence, only where such acceptance is made by way of confirmatory email by the Company to the Customer or where the Company commences delivery of the Goods to the Customer.
3.3 All Contracts are subject to acceptance by the Company and to the availability of Goods ordered. The Company may in its absolute discretion refuse any order for Goods placed by a Customer.
4. Specification
4.1 The description and illustrations of the Goods shown on the Company’s Website (or given to the Customer over the telephone or by fax) are intended to be an illustration only and shall not form part of the Contract.
4.2 The Company shall not be liable for any variations in any specification or description of the Goods which do not materially affect the specification, use and operation of the Goods. The Company shall be entitled to substitute any Goods ordered with goods of similar quality (i.e. EN Approved & Kite Marked) and capacity. The Company reserves the right to make any changes in the specification so as to conform with any applicable
safety or other statutory requirements.
5. Prices
5.1 All prices shall be paid in Sterling.
5.2 All Goods as well as VAT are invoiced at the price prevailing at the time of Contract. All prices published on the Company's Website are subject to variation at any time prior to acceptance of the Customer's order by the Company.
5.3 All prices are given by the Company are on an ex works basis.
6. Customer's Responsibilities and Warranty
6.1 The Customer undertakes that
(1) all details provided to the Company for the purpose of purchasing the Goods offered
on the Website are correct and accurate; the Customer shall pay any extra costs incurred
by the Company in attempting to deliver the Goods if the delivery address provided by the
Customer is inaccurate or incomplete. The Company may withhold re-despatch of the Goods until such costs as well as (at the Company’s sole discretion)
reasonable storage charges are paid by the Customer.
(2) any cheque, credit or debit card used to make a purchase from the Company is the Customer’s own
cheque or card or the cheque/card of the Customer’s business and the Customer undertakes that he is
authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Goods
ordered. The Company reserves the right to obtain validation of your credit or debit card or to carry out credit
checks before supplying the Goods.
7. Payment
7.1 All Goods must be paid in full prior to despatch, either by cheque or credit/debit card. Goods will not be despatched until cleared funds have been received. Customers paying by cheque must allow at least 7 working days for bank clearance of the cheque.
7.2 The Company makes no additional charge for payment by credit card.
8. Delivery/Delivery Charges
8.1 The Company endeavours to deliver the Goods within 10 working days of cleared funds being received by the Company. However any delivery time given is only an estimate as the Company is reliant on external courier companies over which it has no influence. No liability is accepted for failure to deliver the Goods within the endeavoured time if a delay is caused by circumstances beyond the control of the Company, such as delays caused by delivery companies or manufacturers lead times. The Company will advise the Customer of any delay and the Customer shall be entitled to cancel the order within 24 hours of being notified if the revised expected delivery date is unacceptable.
8.2 Goods will only be despatched after either (1) credit/debit card payment has been accepted by the card provider or (2) the Customer’s cheque has cleared in full.
8.3 Title to the Goods passes on the Goods leaving the Company’s premises. Delivery of the Goods shall take place:
(1) if the Goods are delivered by a delivery company, when the Goods are unloaded at the address specified by the Customer;
(2) if the Goods are collected by the Customer, when the Goods are handed to the Customer at the Company’s registered office premises.
8.4 All Goods are visually inspected by the Company and despatched free of external damage. It is the Customer’s responsibility to check the Goods immediately on receipt for (1) external damage and (2) for accuracy of pressure (i.e. within green scale on gauge).
8.5 THE ASSESSMENT OF RISK AND THE POSITIONING OF FIRE EXTINGUISHERS IS THE SOLE RESPONSIBILITY OF THE CUSTOMER. ALL SUGGESTIONS ON THE WEBSITE REGARDING POSITIONING AND CHOICE OF EXTINGUISHER ARE SUGGESTIONS ONLY.
8.6 In the case of Business Customers, the Company does not accept liability for shortages or damage to Goods delivered unless the Customer advises the Company of such defects of the Goods within 3 days of receipt of the Goods. In the case of Consumers, they should notify shortages or damage within a reasonable period of becoming aware of the same.
8.7 The Customer may request from the Company a proof of delivery, provided that this request is made in writing within 3 months of the date of despatch and the company shall use reasonable endeavours to provide such proof. After 3 months, delivery shall be deemed to have been successfully completed.
8.8 The Company charges a flat fee of Ł10.00 plus VAT at the applicable rate for postage and packing of the Goods, irrespective of the size of the order (UK mainland only). For orders from outside UK mainland this flat fee does not apply and the Company charges actual postage rates plus packaging costs.
8.9 The Company may elect to deliver the Goods in instalments and no failure by the Company in respect of any one or more instalments shall entitle the Customer to treat the Contract as a whole as repudiated.
9. Goods or Services not conform to Contract
9.1 The Customer shall be deemed to have examined the Goods upon delivery thereof (time being of the essence) and to have satisfied itself that they conform to Contract. A claim that Goods are not in accordance with the Contract will not be accepted by the Company unless notice in writing, specifying the alleged default, is given to the Company within 14 days of delivery of the Goods. The Company gives no other warranty on the Goods other than the manufacturer’s warranty. Where the manufacturer’s warranty requires the return of the Goods to the Company within 14 days of receipt, the Company will only accept returns of allegedly defective Goods within this time frame. If the Customer returns the allegedly faulty Goods to the Company and the Company agrees with the Customer’s claim, the Company will replace the faulty Goods free of charge within 21 days of receipt of the faulty Goods.
9.2 Proof of postage is not proof of delivery and the Customer is strongly advised to return the Goods by recorded delivery, registered post or courier and to insure the Goods for their full value. The Company does not accept liability for damage in transit. It is the Customer’s responsibility to package the Goods adequately.
9.3 Subject to the right of Consumers under The Consumer Protection (Distance Selling) Regulations 2000, the Company does not accept liability for the suitability or specification of the Goods. It is the Customer’s sole responsibility to chose Goods from the Company’s range which are suitable and have the correct specification for the Customer’s purposes. THE COMPANY DOES NOT ACCEPT RETURNS WHICH THE CUSTOMER AFTER RECEIPT DECIDES ARE UNSUITABLE FOR HIS PURPOSES.
9.4 Failure to notify the Company of the non-delivery of the Goods, or any of them within 14 days of the due date for delivery will release the Company from liability for claims for non-delivery.
9.5 Subject to the rights of Consumers set out below, the Company shall have no liability to the Customer in respect of damaged or defective Goods (and the Customer shall be required to pay the full Contract price) where:-
(a) any claim made by the Customer is not in accordance with these terms and conditions
(b) damage has been sustained after delivery of the Goods to the Customer, or its agents
(c) defects are caused by installation
(d) or operation other than in accordance with any instructions supplied in writing with the Goods or if any adjustment, alteration or other work has been performed on the Goods by any person other than the Company or its employees or agents.
10. Consumer Refunds Policy
The Company supplies all goods with the following returns policy for Consumers
A Consumer who cancels an order or who receives an order and wishes to return the goods, should inform the Company in writing that they wish to cancel the order within seven days of the date the order was placed with the Company, or seven days of receipt of the goods (whichever is the longer), and the Company will arrange collection at the Company's cost. The Consumer should ensure the goods are properly prepared for collection. The Company shall refund the Consumers full invoice amount within 28 days of receiving the goods, subject to inspection and them being returned 'as new' in a re-saleable condition. The Consumer will be liable for any damage to the goods, however caused, and the Company shall withhold the amount it deems necessary from the Consumers refunded amount.
11. Limitation of Liability
11.1 Unless otherwise stated in the manufacturer’s documentation supplied with the Goods, all Goods delivered to a UK mainland address carry a 12 month manufacturer’s warranty. The Goods carry no other warranty. Customers who wish to make a warranty claim must comply with the manufacturer’s instructions and warranty procedure. Details regarding the manufacturers warranty are available from the Company upon request.
11.2 When dealing with Business Customers, the Company shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, included (but not limited to) loss of business or profit, loss of goodwill, damage to trading relationships, loss of date and other financial loss. The Company’s liability in respect of all other losses shall be limited to the invoiced to the invoiced amount of the order.
11.3 These Terms and Conditions shall not limit the Company’s liability for death or personal injury caused by its negligence.
12. Force Majeure
The Company shall not be liable for any delay, or other failure to perform any part of the Contract, as a result of any factor outside the Company's control, whether an Act of God or otherwise.
13. The Consumer Protection (Distance Selling) Regulations 2000
13.1 Contracts for the purchase of Goods by a Customer not acting in the course of a business and made through the Company’s Website are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (the Regulations).
13.2 If the Regulations apply Customers may cancel goods purchased from the Company by sending a written notice of cancellation by post or hand delivery to the Company’s registered office address or by email to sales@fireprotectioncentre.com
13.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the Goods.
13.4 The Customer is responsible for the cost of returning the Goods if this right is exercised. If the Customer does not actually return the Goods to the Company, the Customer is under a duty to make the Goods available for collection at the Customer’s expense from the address to which they were delivered.
13.5 The Customer is under a duty to retain possession of the Goods whilst awaiting return to the Company and to take reasonable care of the Goods during this period. The Customer shall be liable for any loss or damage to the Goods if he fails to comply with this obligation.
14. Notices
Any written notice to be given under the Contract shall be given by way of first class Recorded Delivery post or facsimile transmission or by personal delivery by the party giving it to the other, at his last known business address notified to the other, and shall be deemed to be delivered either 48 hours after posting (in the case of a letter) or immediately after receipt (in the case of facsimile transmission or personal delivery).
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15. General
15.1 The Customer shall not be entitled to assign or transfer, in whole or in part, the benefit or burden of the Contract without the Company's prior written consent.
15.2 The rights and remedies of the Company set out in these conditions shall be in addition, and without prejudice, to any other rights and remedies which may be available to the Company at common law or under statute.
16. Invalidity
If any part of these terms and conditions for any reason should be held to be invalid, such invalidity shall not affect the remaining clauses of these terms and conditions.
17. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the Law of England.
