Product catalogue
9. TERMS OF PAYMENT Payment is due not later then end of month following month of invoice. The Company will be entitled to charge interest at a rate of 3% per annum above the National Westminster Bank plc base rate for the time being in force on all sums which are overdue. Unless otherwise stated all prices and quotes are exclusive of any carriage costs or applicable VAT which will be charged in addition if relevant. If payment shall not have been made by the Customer in accordance with these terms the Company shall have the right to cancel any outstanding orders or contracts with the Customer by notice in writing without compensation to the Customer but with the right to be paid in respect of all work done for or goods supplied to the Customer and be reimbursed the amount of all monies paid out on account of the Customer up to date of such cancellation. LIMITATION OF LIABILITY In the event of the Customer suffering any loss, expense or other damage (other than loss of profits or other consequential loss however arising) as a result of any act or omission by the Company whether such damage was caused by the Company’s negligence, breach of contract or otherwise, the liability of the Company to the Customer or any person or organisation claiming through the Customer shall in all cases be limited to the sum invoiced for Goods giving rise to the claim. The Company shall not be liable for any consequential or indirect loss suffered by the Customer whether this arises from breach of a duty in contract or tort or otherwise. Nothing in this clause shall be deemed to exclude or restrict the Company’s liability for death or personal injury resulting from negligence. Whilst the Company takes every precaution in the preparation of its catalogues, technical circulars, price lists and other literature, these documents are for the Customer’s general guidance only and the particulars contained therein shall not constitute representations by the Company, the Company shall not be bound thereby and the information in such literature may be subject to review and change from time to time without notice to the Customer. Subject as expressly, provided in these terms, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where the Goods are sold to a consumer the statutory rights of that consumer are not affected by these terms. ALTERATION TO DESIGN The Company reserves the right to make any changes in the specification of Goods, which are to conform with any applicable safety or other statutory requirements or which should not materially affect the quality of performance or the appearance of the Goods. FORCE MAJEURE The Company shall not be liable for any consequences arising from the delay in delivery or production of the Goods to the extent that such delay is caused in whole or in part by circumstances beyond its control including acts of God, exceptional weather conditions or natural disasters; war, armed conflict, imposition of sanctions, embargo, terrorist attack, civil commotion or riots, industrial action (at the Company’s premises or elsewhere) shortage of labour or materials, equipment breakdown, late delivery or non-delivery by suppliers or sub-contractors, nuclear, chemical or biological contamination, pandemic including but not limited to coronaviruses, any action taken by a government or public authority, including but not limited to imposing emergency measures to deal with a national or regional emergency, an embargo, export or import restriction, quota or other restriction or prohibition, substantial interruption or failure of utility service, including but not limited to electric power, gas or water, or any other cause whatsoever beyond the Company’s control. NOTICES Any notice that is required to be in writing by virtue of these terms may be sent by recorded delivery, first class post, fax, e-mail or by hand at the last known or usual address or either party. All such notices shall be deemed to have been served 48 hours after posting, faxing or delivery as appropriate. 10. 11. 12. 13. 15. PARTIAL INVALIDITY In the event that any of the above conditions shall be become invalid or unforeseeable in law, such condition or provision shall be severed from the remaining conditions or provisions which shall continue to be valid and enforceable. GUARANTEE We operate a return to base warranty system requiring Customers to ship suspected faulty products to our Basingstoke facility after completing an on-line returns form and receiving a RMA number from the Company, where they will be professionally appraised. Our warranty service is supplied against manufacturing defect only and warranty goods receive priority attention and are returned to Customers at our cost having been repaired. Goods will only be replaced or credited in exceptional circumstances and at the decision of the Company. In the event that a Customer decides to purchase a new replacement, for an item they return as a warranty failure, should the returned item be repairable or found not to have a fault it will be returned to the Customer in a working condition, rather than a credit being provided for the replacement item. The following warranty periods apply: 16. 14. GOVERNING LAW This agreement shall be governed by English Law and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
FAAC Brand Gate Automation Products – 36 months from date of manufacture FAAC Door Automation Products – 24 months from date of manufacture Magnetic Brand Products - 24 months from date of manufacture Genius Brand Products – 24 months from date of manufacture FAAC Traffic Bollards – 24 months from date of manufacture Safety edges and Parking Equipment – 12 months from date of sale Other 3rd Party Products – 12 months from date of sale
We operate a chargeable repair service in addition to the warranty service and our guarantee for repaired items is 6 months from the date of repair.
17. CONFIDENTIALITY From time to time during the term of this Agreement, either Party (as “Disclosing Party”) may disclose or make available to the other Party (as “Receiving Party”) information about its business affairs, Goods and services, forecasts, confidential information, and materials comprising or relating to Intellectual Property Rights, trade secrets, third-party confidential information, and other sensitive or proprietary information; such information, as well as the terms of this Agreement, whether orally or in written, electronic, or other form or media][, and whether or not marked, designated, or otherwise identified as “confidential” constitutes “Confidential Information” hereunder. The Receiving Party shall be responsible for any breach of this clause 17. The provisions of this clause 17 shall survive termination or expiration of this Agreement for any reason for a period of one year after such termination or expiration. On the expiration or earlier termination of this Agreement the Receiving Party shall promptly destroy all Confidential Information including copies that it has received under this Agreement.
Made with FlippingBook - Online Brochure Maker