Fortris Terms & Conditions
Fortris Load Secure Terms & Conditions
- In these Conditions:
“Acceptance” means the Seller’s acceptance of the Order which, to the exclusion of any other terms and conditions of the Buyer or otherwise, shall be deemed to incorporate the Conditions.
“Buyer” means the person specified in the Order.
“Conditions” means the standard terms and conditions of sale set out in this document.
“Contract” means the contract for the purchase and sale of the Goods as constituted by the Order and the Acceptance.
“Goods” means the goods (including any instalment of such goods or any part thereof) specified in the Order.
“Order” means the purchaser order issued to the Seller by the Buyer for the provision of the Goods.
“Seller” means Fortris Load Secure (UK) Limited incorporated in England and Wales (6629985) and having its Registered Office at Unit 18 Cinder Road, Zone 3 Burntwood Business Park, Burntwood, Staffordshire WS7 3FS .
- Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
- The headings in these Conditions are for convenience only and shall not affect their interpretation.
- Basis of the Sale
- The Seller shall sell and the Buyer shall purchase the Goods specified in the Order in accordance with the Contract which shall apply to the exclusion of any other terms and conditions of the Buyer or otherwise.
- Any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by an authorised representative of the Seller.
- The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Order submitted by the Buyer to the Seller and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
- The quantity and description of and any specification for the Goods shall be those set out in the Contract.
- The Seller reserves the right to make any changes in any specification of the Goods which are required to conform with any applicable statutory or regulatory requirements of any competent authority of valid jurisdiction.
- If the Contract so provides, the Seller will give reasonable notice to the Buyer of the date on which and the time at which any inspections of or tests on the Goods are to be made so as to enable the Buyer to attend if the Buyer desires. Any inspections or tests which the Seller may agree, at the request of the Buyer, to make in addition to those which it normally undertakes shall be paid for by the Buyer and their cost shall be added to the price of the Goods.
- Price of the Goods
- The price of the Goods, together with any applicable value added tax and carriage costs which the Buyer shall be additionally liable to pay to the Seller, shall be the price specified by the Seller in the Acceptance.
- The Seller reserves the right, by giving notice to the Buyer at any time before delivery of the Goods, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture and/or supply), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
- Terms of payment
- The Buyer shall make payment to the Seller of the price for the Goods without set-off (which right of the Buyer is hereby excluded pursuant to these Conditions) within thirty days of the date of issue of a valid invoice of the Seller for the Goods.
- Any sums not received by the Seller from the Buyer when due shall incur interest on a daily basis at the rate of 5% per annum above the base rate of Barclays Bank PLC from the date such sums become due until the date of actual payment by the Buyer.
- Payment of all sums due by the Buyer to the Seller for the Goods shall be in pounds sterling unless the Buyer agrees otherwise in writing.
- We do not store credit card details nor do we share financial details with any 3rd parties.
- If prior to delivery of the Goods, the Buyer gives notice in writing to the Seller that it wishes to cancel an Order the subject of an Acceptance, either in whole or in part, the Seller shall be entitled to payment from the Buyer of a cancellation charge equal to 25% of the price (exclusive of VAT and carriage) as specified in the Acceptance the subject of the Order.
- The Buyer shall make payment to the Seller without set-off (which right is hereby excluded pursuant to these Conditions) within thirty days of the date of issue of a valid invoice of the Seller for such charges.
- Any goods that are found to be faulty will be refunded in full or replacement will be provided.
- Delivery of the Goods shall be made by the Seller delivering the Goods to the Buyer’s specified delivery address within 72 hours of the Seller notifying the Buyer that the Goods are ready for delivery after which delivery shall be deemed to have taken place whether or not the Buyer has accepted delivery of the Goods.
- Time for delivery of the Goods shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
- Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
- If the Buyer fails or refuses to take delivery of the Goods within 14 days of their due date for delivery in terms of the Contract, the Seller shall be entitled to invoice the Buyer for a storage charge equal to two per cent (2%) of the price of the Goods for each calendar month of storage or part thereof. The Buyer shall make payment to the Seller without set-off (which right is hereby excluded pursuant to these Conditions) within thirty days of the date of issue of a valid invoice of the Seller for such charges.
- Risk and Property
- Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
- Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods so delivered and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due, there being granted to the Buyer the authority to enter the Buyer’s premises to retrieve the Goods if payment therefor has not been made in accordance with the Contract.
Whilst payment for the Goods remains outstanding, the Buyer shall clearly store and mark the Goods in a manner indicating that title remains vested in the Seller.
- Warranties and Liability
- Subject to the conditions set out below, the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 3 months from the date of their initial use or 3 months from delivery, whichever is the first to expire.
- The above warranty is given by the Seller subject to the following conditions:
- the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
- the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval;
- the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment; and
- the above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
- Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- The Buyer shall, as soon as it becomes aware of any defect in the quality or condition of the Goods, notify the Seller of the same to allow the Seller to assist the Buyer in any claim against the manufacturer of the Goods.
- Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer or under the terms of the Contract, for any indirect, special or consequential loss or damage (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arises out of or in connection with the supply of the Goods or their use by the Buyer and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
- The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control.
- Insolvency of Buyer
- This clause applies if:
- the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
- an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
- the Buyer ceases, or threatens to cease, to carry on business; or
- the Seller reasonably considers that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly; or
- the Buyer fails to make payment of any sum due to the Seller for the Goods on its due date for payment and such failure continues for a period of 7 days following the Seller’s written request to the Buyer requiring payment.
- If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
- This clause applies if:
- Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
- No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provisions.
- If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provisions in question shall not be affected.
- The Contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.