terms and conditions of sale

1. DEFINITIONS

"Us", "Our(s)" or "We" means Fire Save.

"You", "Your(s)" or "Yourself" means you the Customer;

"the Contract" means the Quotation (if any), these conditions, Your order for the Products and/or Services and Our Order Acknowledgment;

"deal as a consumer" means You neither make the Contract in the course of a business nor hold Yourself out as doing so and the Products are for Your private use;

"Order Acknowledgment" means Our acceptance of Your order for the Products and, if applicable, the Services;

"Products" means the goods supplied by Us described in Our Order Acknowledgment;

"Quotation" means Our written statement of prices for the Products described in it;

"the Services" means installation works associated with the supply of the Products and/or filling fire extinguishers;

"Total Contract Price" means the amount payable (excluding VAT) under the Contract for the Products and, if applicable, the Services.

2. ORDER OF PRECEDENCE

These conditions shall govern the terms upon which We shall supply the Products and if applicable, the Services, so that any conditions contained in or referred to in Your purchase order shall not bind Fire Save unless We expressly agree in writing to vary these conditions.

 

3. PRICE AND PAYMENT

3.1 Payment of the Total Contract Price (plus VAT) is to be made with Your Order either by Credit Card or Cheque. Invoices shall not be raised prior to the date of delivery. Your order will be confirmed by e-mail and the goods despatched once Your credit card or cheque payment has been accepted

3.2 All transactions to be in UK Sterling

Firesave reserves the right to alter product specification at any time in accordance with its policy of continuous development.

Unless otherwise specified delivery shall be deemed to take place when the Products are delivered to Your premises, or other specified delivery point in mainland UK when risk in the Products passes to You. A charge may be made for delivery. Goods are usually despatched within 24 hours of order and will normally be with you within 3-4 working days. If you require 'next day' service we are happy to arrange this at extra cost - please phone for details. Delivery can only be made within mainland UK. All dates specified to You for delivery are estimates only and although We will make every effort to meet such dates, We do not accept responsibility for any delay. In such cases We will supply the Products and, if applicable, carry out the Services as soon as reasonably possible. Please note that We require access to Your premises in order to carry out the Services.

6. TITLE

The Products remain Our property, until payment has been received in full. If You do not pay any sum which is due and payable to Us We shall have the right to recover all or any of the Products by requiring You to make them available for Our collection. If You fail to do so then You shall permit Us to enter upon Your premises where they are reasonably thought to be stored and repossess them.

7. WARRANTY

THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS IF YOU DEAL AS A CONSUMER.

7.1 All Our Products are guaranteed for a period of twelve (12) months from the date of delivery against defects in design, materials or workmanship. If there are any such defects then We shall, at Our option and expense, repair or replace the defective Products free of charge provided that the Products have not become defective for any other reason, such as accidental damage or a failure to use or install them in accordance with Our instructions.

7.2 For fire extinguishers only: If You take out an agreement with Us on or before the date of delivery, for servicing Your extinguishers in accordance with BS5306 : Part 3, We will extend Our guarantee, subject to the terms set out in condition 7.1 above, to a period of five (5) years from the date of delivery. Please note that service items such as safety pins, O rings, seals, refills et cetera are excluded from this guarantee.

8. LIABILITY OF FIRE SAVE

Our Products are manufactured under strict quality control standards and are designed to withstand deterioration and, (pressurised fire extinguishers only), loss of pressure provided You operate, use, maintain and store them in accordance with Our instructions on them and/or supplied with them. Please note that We do not accept any responsibility for the consequences of Your failure to follow Our instructions or for those matters over which We have no control. Therefore, We strongly recommend that You insure against all loss or damage which You could suffer as a result of any failure of the Products to operate.

8.1 except where You deal as a consumer, (in which case You also have the right to rely on the statutory warranties set out in condition 8.3 below), the warranty given in condition 7 above is the only warranty given by Us and otherwise this condition 8 specifies Our entire liability, including liability for negligence, for loss of or damage to property, death or personal injury.

8.2 We accept liability: -

8.2.1 For death or personal injury resulting from Our acts or omissions (including negligence); and

8.2.2 Arising out of any breach of Our obligations as to title implied by statute, that is to say, the Products are Our property and We have the right to sell them; and

8.2.3 Up to the amount calculated under condition 8.5 below for direct physical damage to or loss of property resulting from Our negligence or Our failure to use reasonable skill and care in the provision of the Services.

8.3 Where You deal as a consumer We accept liability for any breach of any condition or warranty implied by statute as to correspondence of the Products with description or sample, the Products being of satisfactory quality and/or being fit for a particular purpose made known to us and which We acknowledge in writing and for the direct consequences of Our failure to carry out Our obligations under the Contract adequately or at all.

8.4 Except as provided in conditions 8.2 and 8.3 above We shall not be liable to You for loss, damage or injury (including liability for negligence) arising out of the supply of the Products or the Services and in particular We do not accept any liability for any consequential or indirect loss or for any loss of profit or business.

8.5 Under no circumstances (except as provided in 8.2.1 and 8.2.2 and 8.3 above) whatever the basis of any claim against Us (whether in contract, tort, including negligence, or otherwise) will Our liability for any one claim or the total of all claims arising from one act or omission, exceed in the aggregate: -

8.5.1 Where the Total Contract Price is £100,000 or less, the sum of £100,000; or

8.5.2 Where the Total Contract Price exceeds £100,000, the sum of £100,000 plus fifty percent of the difference between £100,000 and the Total Contract Price.

 

9. FORCE MAJEURE

We shall make every effort to comply with Our obligations under the terms of the Contract but we cannot be held responsible for circumstances which are beyond Our reasonable control. If We are unable to perform Our obligations under the Contract by reason of any such force majeure event, then We shall give You notice in writing of the circumstances giving rise to it, and after a period of three (3) months either of us shall have the right to terminate the Contract by giving notice in writing to the other without any liability except for sums accrued due under the Contract.

10. TERMINATION

10.1 If either of us shall be in breach of our obligations under the Contract then the other may by seven (7) days notice in writing terminate this Contract.

10.2 We shall be entitled to terminate the Contract immediately without notice if You shall enter into liquidation, receivership, administrative receivership or You make any arrangement or composition with creditors, or if You are an individual, any petition or receiving order in bankruptcy shall be presented or made against You.

10.3 If either of us shall terminate the Contract in accordance with its terms then such termination shall be without prejudice to our respective accrued rights and obligations.

11. AMENDMENTS OR CANCELLATIONS

The Contract may be amended or cancelled by You in accordance with the provisions set out in these conditions or, with Our written approval, or upon terms which indemnify Us against any losses including loss of profit or additional costs resulting therefrom.

12. ASSIGNMENT

The Contract is personal to You and may not be assigned or otherwise transferred without Our written consent.

13. REPRESENTATIONS

These conditions, the Quotation, if applicable, Your order for the Products and, if applicable, the Services, and Our Order Acknowledgment contain the whole agreement between us relating to the subject matter of the Contract, and all previous conditions, understandings, commitments, agreements or representations, whether oral or written, are superseded.

14. WAIVER

No waiver of any breach of any provision of the Contract shall be considered a waiver of any other or subsequent breach thereof.

15. GOVERNING LAW

This Contract shall be governed, construed and shall take effect in accordance with the laws of England, and shall be subject to the non-exclusive jurisdiction of the English Courts.

If any part of these conditions shall be deemed to be invalid for any reason then the conditions shall be read as if the invalid words or provisions had to that extent been deleted and the remainder of these conditions shall remain as drawn.

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