Terms of Business
COMMERCIAL & EXPORT TERMS AND CONDITIONS OF SALE
1.1. The following words have the following meanings in these Terms and Conditions:
“Buyer” means the person, firm or company who buys or agrees to buy the Products from the Seller.
“Products” means the items which the Buyer agrees to buy from the Seller.
1.2. “Seller” means Flowtech International Ltd (Company Registration No.NI659871) Registered office: 370 Doagh Road, Newtownabbey, BT36 6XL.
“Trade Marks” means the trademarks appearing on the Products and their containers and advertising, as delivered by the Seller to the Buyer.
“Overnight Delivery Charge” means a charge equivalent to the standard charge made by the Seller’s carrier for overnight delivery of Products, or such charge as is otherwise agreed between the parties for overnight delivery of Products.
“Website” means the website accessible at www.flowtechinternational.co.uk or any other web site operated by Flowtech International Ltd or any other site notified to the Buyer from time to time.
2. Terms applicable
2.1. These Terms shall apply to all contracts for the sale of Products by the Seller to the Buyer to the exclusion of all other terms including any terms which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2. All orders for Products shall be deemed to be an offer by the Buyer to purchase Products pursuant to these Terms.
2.3. Delivery of the Products to the Buyer together with an invoice/sales receipt shall be deemed conclusive evidence of the Seller’s acceptance of the Buyer’s order subject to these Terms.
2.4. Any variation to these Terms shall be inapplicable unless agreed in writing by a director of the Seller.
2.5. The Seller reserves the right at its sole discretion to reject any Buyer’s order for Product(s) and shall notify the Buyer accordingly.
3. The Price and Payment
3.1. The price charged by the Seller for a Product shall be the Seller’s current price for the Product as published on the date of dispatch of the relevant Products (“Price”) and the Seller shall invoice/sales receipt the Buyer accordingly.
3.2. The Seller’s Prices may be altered at any time without notice to the Buyer by publication of the altered Prices in the Website.
3.3. All Prices exclude carriage, packing, insurance and VAT which shall all be due at the rate ruling on the date of the Seller’s invoice/sales receipt and all such sums shall be added to invoices/sales receipts accordingly.
3.4. The Seller will require payment of the Price for the Products in full before dispatch unless previously agreed in writing with the Buyer. If the Buyer has an account with the Seller payment shall be due by the end of the month following the date of the invoice. Payment will not be deemed complete until the Seller is in receipt of cleared funds.
3.5. All queries on invoices/sales receipts must be notified to the Seller within 10 working days of the date of the invoice/sales receipt.
3.6. Without prejudice to any other rights the Seller may have against the Buyer, overdue invoices may be passed by the Seller to a third party debt collection agency, and interest shall be charged on sums overdue at a rate of (6%) above the published rate of HSBC plc to be charged daily.
4. The Products
4.1. Other than as expressly stated on the website supplied by the Seller, relating to the Products no representations are made by the Seller as to the fitness or suitability of the Products for any purpose whatsoever.
4.2. Any technical data, dimensions, weights or other specifications quoted by the Seller or shown on the website supplied by the Seller relating to the Products are a guide only, and no warranty is given or implied that the Products will conform in absolute detail to the descriptions given.
4.3. The Seller may amend specifications and withdraw Products from sale without prior notice.
5. Warranties and Liability
5.1. Subject as expressly provided in these Terms, all warranties, conditions or terms implied by statute or common law or otherwise are excluded.
5.2. Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under these Terms, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Products (including any delay in supplying or any failure to supply the Products in accordance with these Terms or at all) or their use or resale by the Buyer and the entire liability of the Seller under or in connection with these Terms shall not exceed the Price of the Products.
6. Delivery of the Products
6.1. Overnight deliveries to addresses in the UK may be made on request by the Buyer, subject to payment of an additional Overnight Delivery Charge in advance to the Seller.
6.2. The Seller shall not be liable to the Buyer for late delivery or delivery of the Products in numbers less than those ordered.
6.3. The Seller shall not be liable for non-delivery unless written notice is given to the Seller by the Buyer no later than 5 days after receipt of the Acceptance Notice. For the avoidance of doubt any liability of the Seller for non-delivery of the Products shall be limited to either providing the Products within a reasonable time or refunding the full purchase price, if already paid by the Buyer at the option of the Buyer.
6.4. If for any reason, the Buyer fails, or refuses to take delivery of the Products, the Buyer shall be in breach of contract and the Seller may sell or otherwise dispose of the Products (without limiting any other right or remedy of the Seller).
7. Acceptance of the Products
7.1. The Buyer shall be responsible for checking Products on delivery and must raise any issues immediately with the Seller, and nevertheless no later than 5 days after delivery
7.2. The Buyer shall be deemed to have accepted Products five days after delivery.
7.3. The Buyer must endorse the carrier’s delivery notes to confirm inspection and acceptance of the Products.
7.4. After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
7.5. Where the Buyer accepts or has been deemed to have accepted any Products then the Seller shall have no liability whatever to the Buyer in respect of those Products.
8. Risk and Title
8.1. If the Buyer is unable to take delivery of the Products or the Seller is unable to deliver the Products on time due to any action or omission of the Buyer, risk in the Products shall pass to the Buyer and the Products will be deemed to have been delivered and the remainder of this section shall apply.
8.2. Risk shall pass on delivery of the Products.