Terms | Fentimans

Terms

FENTIMANS - TERMS ON WHICH WE WILL SUPPLY YOU WITH GOODS

In this Agreement the following words have the following meanings- "Agreement” your order, which we have accepted, and these terms; "Fentimans a breach by us of the Agreement and any other act or failure to act Fault" by us which could form the basis of a damages claim by you against us;

1, UNDERSTANDING THESE TERMS

If anything, we say In this document is different from anything else we've said elsewhere, we mean what ls In this document so please ignore the other Information.

2, START AND LENGTH OF THE AGREEMENT

  • When you order something from us, and we accept that order, a legal contract is created (which we will call the Agreement ln this document).
  • The Agreement lasts for as long as we've agreed It will last or If we have not agreed how long It will last, then until both of us have done everything we agreed to do.
  1. ORDERS
    • If we have said anything about goods we offer elsewhere in any document or information provided by us this isn't part of the Agreement between
    • Any mistake ln anything we've said outside this document wasn't intentional or fraudulent and you won't bring any claim against us based on one of these mistakes.
    • We'll only supply goods based on this document we won't use any terms that you put forward.

3A       To order goods from us you can either send us an order form or place an order by telephone.  When you have placed an order in this way we'II decide whether we can supply you; we'll make this decision within seven (7) Working Days.

3.5       If we decide to accept your order we'll accept by telephone, confirm in writing or deliver the Goods.

  1. DETAILS OF WHAT WE'LL PROVIDE
    • On the basis of this Agreement, we'll supply the Goods and you'll accept them and pay for them,
    • Other than where condition 4,3 applies, we'll ensure that the Goods will be as requested by you in your order and won't be defective in respect of what they're made of and how they were made,
    • You won't bring any claim under condition 4.2 if any defect In the Goods Is because of any changes you've made to the Goods, you have not following our instructions in relation to the Goods or you have deliberately damaged, misused or otherwise treated the Goods carelessly.
  2. PRICE
    • We may invoice you at any time after you have placed an order.
    • You will pay our Invoice, without deducting any amount we may owe you, within thirty (30) Working Days after the date of our bill and you must pay our invoice by paying money into a bank account we have nominated.
    • If VAT is payable in relation to our bill, you will pay the VAT.

5A       lf you're late in paying us we may charge you Interest at the rate set out In relevant legislation.

5.5     Unless we have agreed otherwise between us the price we have quoted for the Goods does not Include any additional costs like transport, packaging, insurance or payments which have to be made to a third party, you will pay any of these other costs which apply to your order.

  1. OWNERSHIP OF THE GOODS
    • We will deliver the Goods, and you will receive the Goods as agreed between us (i.e. as set out in your order which we have accepted),
    • You will own the Goods when you have paid us for them.
    • If you are in possession of the Goods but do not own them you will:
    • - 6A hold the Goods as our fiduciary bailee:
  • keep the Goods separate from other goods, not Interfere with them and keep them in a satisfactory condition; and
  • insure the Goods In our name for their full price against all risks, holding any payout on trust for us In a separate bank
    • Until you own the Goods we can get them back from you or resell them.
    • We have a license to come onto your premises, without notice, where we know or think we know that the Goods are stored to assess If you are comply1ng with condition 2.1 or to get the Goods back in accordance with condition 6,2.2.
    • You will obtain a license for us to go onto another persons premises where the Goods are stored so that we can exercise the rights listed under condition 2,3.
  1. DELIVERY
    • Any dates or times we give you for delivery of the Goods are only estimates but we'll try to deliver at the date or time you've asked us to.
    • If you haven't asked us to deliver at a particular date or time we'll try to deliver as soon as reasonably possible after you have ordered.
    • If we can deliver before the date or time you've asked for, we'll let you know and you'll accept delivery then. If you want to postpone delivery you'll need to let us know and get our consent in writing.
    • If you don't allow us to deliver the Goods when we have agreed we will do so, we can treat this as a termination of this Agreement by you.
    • We will not compensate you if delivery of the Goods is delayed.
      • Subject to condition 14 (Limitation of liability) if we do not deliver the Goods because of a Fentimans Fault, we will only be liable for the difference in price between the Price we have agreed in this Agreement and the price you paid for reasonable replacement goods. 
  1.  RISK

The risk associated with loss or damage to the Goods passes from us to you when delivery happens.

  1. ACCEPTANCE OF GOODS

9,1       You must accept all Goods which comply with condition 4.2 (Quality of Goods;

but you can reject any Goods which do not comply unless the defect Is so slight that you'd be acting unreasonably If you rejected them.

9,2       If you sell or give the Goods to a third party you will be taken to have accepted the goods.

9,3.      If you reject the Goods you will return them to us on the basis of our Instruction: and at your cost.

  1. INSPECTION OF THE GOODS
    • You have twenty four (24) hours after delivery of the Goods to Inspect them and-
      • ensure they have been delivered correctly under condition 7 (Delivery);
      • ensure that they comply with condition 4.2 (Quality of Goods) and to inform us of any defects and whether you are rejecting the Goods; and
  • to tell us if you are rejecting the Goods In accordance with condition 9, 1 (Goods you must accept).
  • If you don't notify us In time under condition 1 (Time for Inspection) of-
    • a breach of condition 7 (Delivery of the Goods) then you cannot claim that we have breached condition 7; or
      • defects in the Goods then you have accepted the Goods under condition 9,1 (Goods you must accept),

11,      OUR REMEDIES

  • We can deduct any amount owed by you lo us from any amount held by us for you or due to you from us and we will pay you the balance once these deductions have been made.
  • If any payment to us Is overdue under this agreement we may refuse to send the Goods lo you, stop Goods which are in the process of being sent to you and taking these Goods back. You must pay our costs of stopping transit and taking back the Goods.
  • We can terminate this Agreement and resell the Goods at whatever price we wish if you do not pay any sum when It's due under the Agreement, don't allow us to deliver the Goods In breach of condition 2. or reject the Goods In breach of condition 9.1 {Goods you must accept).
  • We can resell the Goods even If you've become the owner of the If we tell you we are going to resell the Goods, you won't do anything with the Good, which could make it difficult for us to resell them.

12,       TERMINATION

12,1     If you've breached the Agreement and it can't be corrected we can send you notice Informing you that the Agreement Is terminated,

12.2    We can terminate this Agreement at any time if you're Insolvent.

  1. WHAT HAPPENS ON TERMINATION

           The termination of this Agreement doesn't affect-

  • any rights or liabilities either party has obtained before termination or

13.2     conditions 14 (liability) and 11 (Our Remedies) which will continue to apply after the termination of this Agreement.

  1. LIMITATION OF LIABILITY
    • Nothing In this Agreement affects our liability for death, personal injury, fraud or other liability which can't be excluded or limited by law.
    • Our liability for each Fentimans Fault is limited to the price of the Goods II relation to which the Fentimans Fault occurred.
  • We won't be liable for the following types of loss-
    • loss which you've assumed responsibility for under this Agreement;

14.3.2   loss of profit, reputation, business, revenue, goodwill and expected savings;

  • loss of or damage to data; and

    14.3.4.   consequential or Indirect loss.

We won't be liable for these categories of losses whether or not they are a natural result of the breach or could be (or were) considered or foreseen by either of us.

  • No implied terms

Any terms which are not Included in this document but could be implied into the Agreement by law are excluded from the Agreement as far as the law allows us to do so.

  1. GENERAL
    • Our obligations under this Agreement will be suspended for as long as any even outside our reasonable control (including acts of God, war. terrorism, natural disasters and industrial action of our staff). The extent of the suspension will depend on the extent to which we're prevented, delayed or face difficulty.
    • This is the only Agreement between us in relation to the Goods, II replaces a previous representations, agreements, negotiations and understandings between you and us but this condition 16,1.1 doesn't affect the liability of either of us of saying anything fraudulent.
    • We both agree that we haven't relied on anything not contained in this Agreement when deciding to make this Agreement and the only claim we'll make in relation to things contained in this Agreement is a claim for breach of contract.
    • No amendment to this Agreement is effective unless we both agree to it in writing
    • We're entitled to exercise any and all of our rights under the Agreement and these rights don't affect each other or any other rights we have under the law,
    • Your rights under this Agreement are your only rights in relation to the
    • Unless we ·have clearly said so in this Agreement, this Agreement is no enforceable by anyone except you and us.

15,8     Any failure by us to enforce our rights under the Agreement will not affect our other rights under the Agreement and it doesn't affect our ability to exercise any rights in future,

  • You won't transfer your rights under this Agreement to any third party without our written permission and we may transfer any of our rights under this Agreement to any third party.
  • This Agreement doesn't create a partnership between us,
  • This Agreement is governed by English Law;
  • The courts of England and Wales may consider disputes arising under or in relation to this Agreement.

16.0     Additional provisions applicable to the Export of Fentimans products

           The following provisions shall be deemed to be incorporated into all contracts for the export of Goods, and shall take priority over our standard Conditions of Sale but shall be subject to the express terms of any agreed contract between us:

  1. The buyer of Goods (Buyer) will arrange importation of Goods directly from the Fentimans' UK warehouse locations which shall be the point of delivery for the purposes of all contracts for the export of Goods.
  2. All Goods purchased should be examined at the time of their delivery to the Buyer and any obvious loss or damage must be noted on any delivery documents signed by or on behalf of the Buyer. Fentimans accepts no responsibility for loss of or damage to products in transit unless the Buyer:
  • examines the Goods at the time of delivery;
  • retains for inspection all damaged products and packaging material;
  • clearly endorses any delivery documents with details of any discrepancy, obvious loss or damage; and
  • notifies Fentimans (and when applicable any independent carrier), in writing, of any claim for loss or damage before the expiry of the 3rd day of delivery providing a copy of the endorsed dated document referred to in paragraph (c) above together with photographs of any defects and of the seal used (if applicable).

 

WEBSITE USE PRIVACY POLICY