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Terms and Conditions of Sale

Terms and Conditions of Sale

1. Definitions

"Company" means Fire Protection Centre Limited trading as Fire and Safety Centre with the 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 offered for sale by the Company on its website www.fireandsafetycentre.co.uk
"Website" means www.fireandsafetycentre.co.uk

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 to 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 unless otherwise agreed in writing. 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.

6.2 Guidance on the choice, use and maintenance of equipment offered for sale by the Company is available on our web site. THE ASSESSMENT OF RISK AND THE CHOICE AND 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. The Customer is ultimately responsible for ensuring the equipment purchased is compliant with current legislation applicable to their premises, Building Regulations and good practice. All electrical equipment requiring mains power supply must be installed by a qualified electrician to current IEEE regulations.

7. Payment

7.1 All Goods supplied to consumers must be paid for 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 will endeavour to deliver the Goods within 3 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 Shipments above 2kg in weight are sent with overnight courier transport normally for next day delivery subect to stock being available) . Lighter parcels up to 1.5 kg are sent with Royal Mail Registered Post (2-3 days) or Royal Mail Special delivery up to 2kg (next day) if requested. If the consumer add’s special delivery instructions, e.g 'please leave parcel on back door step if not in', the Company cannot provide proof of delivery, should the parcel go missing. The Company will, however, provide a proof of shipping, if requested. The Consumer is responsible for any losses suffered as a result of a parcel being left in a specific location at their request. If the Customer is not in residence when a delivery is attempted, the delivery driver will leave a card with details of the time delivery was attempted and the telephone number of the local parcel depot for the Customer to re-arrange delivery or collection. Please note that if the parcel cannot be delivered after several days and has to be returned, the Company reserve the right to charge the Customer a second delivery charge for re-delivery, should the Customer still wish to receive the product. Alternatively, the Company may at their discretion cancel the order and issue a refund.

8.3 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.

8.4 Title to the Goods passes to the customer on the Goods leaving the Company’s premises. Delivery of the Goods shall be deemed to have 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.

8.5 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) in regard to fire extinguishers, for accuracy of pressure (i.e. within green scale on gauge).

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 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.

Delivery Charges and Restrictions

8.9 The Company charges for delivery at applicable rates for postage and packing of the Goods based on package weight, up to a maximum of £10 + VAT per order and irrespective of the size or value of the order (UK mainland only). For orders placed from outside the UK mainland and to certain outlying areas of the UK these charges do not apply and the Company charges actual postage rates plus packaging costs. The Company can only deliver pressurised fire extinguishers to addresses within the UK mainland. The Company may vary these charges and restrictions at any time at its discretion. Any changes to these charges and restrictions will be posted on out website and the Customer will be advised of any delivery surcharges before payment is taken.

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. Returns Policy

The Company supplies all goods with the following returns policy for Consumers:

10.1 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). 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.

10.2 Goods Faulty on Arrival. If you are reporting faulty goods within 28 days of receipt (please note that for business customers, this is 14 days), and when the goods are returned to us complete, we will issue a full refund to you via your original payment method.

10.3 Goods Damaged in Transit. If the goods are damaged in transit, the Company request that the Customer report it to the Company within 7 days. If goods are visibly damaged on receipt, the Customer should sign the delivery note accordingly. Once the damaged goods have been collected and received back into the Companies warehouse, the Company will issue a full refund to the Customer via their original payment method.

10.4 Goods Faulty in Warranty Period . If the Customer is reporting faulty goods after 28 days of receipt, then provided the product is within its warranty period, the Customer is entitled to a warranty repair or replacement. In some cases, manufacturers provide warranty support and repair services and or telephone help facilities for the Customers convenience. This does not affect the Customers rights to claim against the Company under the Sales of Goods Act (as amended) if the goods do not conform to the contract and the manufacturer does not repair or replace the goods or offer the Customer an alternative remedy.

10.5 Change Your Mind. If the Customer changes their mind and is a Consumer (not applicable to business customers), and the goods have not been in their possession for over 10 days, then the Customer is entitled to return the goods to the Company for a full refund on condition that the Customer take reasonable care of the goods until they are returned to the Company. In particular this means that you will: - not open shrink-wrapped or blister pack products or break any manufacturers seals. - return in good condition including all packaging, manuals, cables etc - return the goods in a condition that would enable the Company to resell them as new- Please note that if the Customer changes their mind the cost of returning Goods is the responsibility of the Customer.

10.6 If the Customer changes their mind and are a business customer the Company does not accept the return of goods.

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@fireandsafetycentre.co.uk

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 email 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, email or personal delivery). Notification given by Customers by email must include full address, telephone and contact details and the Company may contact the Customer to verify the notification is from an authorised source.

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.

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