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Website Terms & Conditions

Background

This agreement applies as between you, the User of this Web Site and Eurofyre, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content”

Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Eurofyre”

Means Eurofyre Limited, 72-78 Morfa Road, Hafod, Swansea, SA1 2EP;

“Service”

Means collectively any online facilities, tools, services or information that Eurofyre makes available through the Web Site either now or in the future;

“System”

Means any online communications infrastructure that Eurofyre makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

Means any third party that accesses the Web Site and is not employed by Eurofyre and acting in the course of their employment; and

“Web Site”

Means the website that you are currently using (http://www.eurofyre.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Eurofyre, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Eurofyre.

2.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Eurofyre or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

4. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.eurofyre.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Eurofyre. To find out more please contact us by email at info@eurofyre.co.uk.

5. Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

6. Disclaimers

6.1 Eurofyre makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

6.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

7. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Eurofyre accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, Eurofyre accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

8.2 Nothing in these terms and conditions excludes or restricts Eurofyre’s liability for death or personal injury resulting from any negligence or fraud on the part of Eurofyre.

8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

9. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

10. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

11. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@eurofyre.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

12. Law and Jurisdiction

These terms and conditions and the relationship between you and Eurofyre shall be governed by and construed in accordance with the Law of England and Wales and Eurofyre and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Sales Terms & Conditions

1. Orders

a. Eurofyre Limited (hereinafter called “the Company”) reserves the right to accept orders by telephone or email; such orders should always be confirmed in writing the same day by the buyer and marked “Confirmation”. Any orders not so marked will be treated as fresh orders and the buyer shall be responsible for the consequences of any resultant duplication.

b. The Company reserves the right to refuse any order or offer of an order.

c. No deviations or stipulations in or attached to the buyer’s form of order which are inconsistent with the Company’s business arrangements or conditions of sale or which purport to add to or modify them in any way shall have any effect unless expressly accepted in writing by a director of the Company. In the absence of such acceptance by a director of the Company, the buyer shall be deemed to have withdrawn or waived his said conditions or stipulations and to contract solely on the basis of the Company’s.

2. Prices

a. All prices are subject to revision or withdrawal without notice.

b. All prices in respect of orders for forward delivery are subject to the Company right to vary them.

c. All prices are quoted ex-works unless otherwise agreed. Carriage and packing may be charged but all cases and crates for which a specific charge has been made will be credited in full by the Company provided they are returned to the Company within 60 days carriage paid and are received in a re-usable condition.

d. All goods will be charged at prices ruling at date of despatch unless otherwise agreed in writing by the Company and all orders are accepted by the Company on this understanding.

e. All prices are subject to VAT at the appropriate rate.

f. All orders will be subject to a Minimum Order Charge as specified in the current published Price List. Carriage and packing will be charged additionally where appropriate.

g. The Company reserves the right to decide the final method of despatch. Additional costs arising from special delivery instructions must be borne by the buyer.

h. Prices are for the quantity stated and any reduction in quantity may affect the price.

3. Settlement Terms (Credit Customers Only)

a. All invoices are net cash 30 days from date of invoice and no settlement discount is allowed.

b. No special terms of payment will be operative unless confirmed in writing by a director of the Company.

c. The Company reserves the right to suspend delivery in respect of any order from time to time if any account is not paid when due.

4. Quotations

a. All quotations are subject to confirmation by the Company on receipt of the buyer’s official order and no contract shall be concluded until such confirmation has been despatched by the Company.

5. Cancellations

a. No cancellation of an order shall be effective unless in writing and until accepted by a director of the Company. The Company reserves the right to refuse to accept any cancellation of an order and, in particular,

  1. a cancellation will not be accepted for orders of goods to special requirements or not normally stocked by the Company
  2. if the manufacture or order/sourcing by the Company of such goods is in process or has been completed. The Company reserves the right to levy a cancellation charge.

6. Delivery

a. Every endeavour will be made to adhere to delivery dates quoted by the Company, which accepts no responsibility and/or liability for consequential losses caused by delays in delivery.

7. Non Delivery and Damage on Delivery

a. All goods will be consigned at Carrier’s Risk (unless sent by passenger train) and no liability for partial loss, damage or non-delivery will be accepted by the Company. On delivery, packages should be signed for as “not examined” but if loss or damage is apparent they should be signed for accordingly. In the event of partial loss or damage the buyer must:

  1. within three days of delivery give notice in writing to the Carrier and at the same time notify the Company in writing and
  2. within 7 days of delivery make a claim against the Carrier or accept any special arrangements which the Company may be able to make on the buyer’s behalf. In the event of nondelivery, the buyer must give notice in writing thereof to the Company within 21 days of the despatch date of the Company’s invoice.

8. Delay in Taking Delivery

a. If the buyer fails or refuses to take delivery of goods on the date laid down in the contract he shall be liable to the Company for any loss occasioned by such failure or refusal and for any charge thereby incurred by the Company and/or a reasonable charge by the Company for the care and custody of the
goods whether he has been specifically requested to take delivery of the goods or not.

9. Property in Goods

a. Property in goods sold will be retained by the Company notwithstanding delivery to the buyer, until full payment is made to the Company.

b. Between the date of delivery and the date of full payment by the buyer, the buyer shall be entitled to sell the goods in the normal course of his business and to deliver them to a sub buyer. However, in selling any such goods the buyer shall be deemed to be acting as agent for the Company and shall be accountable to the Company as agent and trustee for all monies received from the sub-buyer.

c. Notwithstanding the provision of Clause A, above, the buyer shall from the date of delivery of any goods bear the risk of accidental loss or damage.

10. Guarantee

a. The Company guarantees, at its discretion, to refund the price of goods or to repair or replace free of charge any of the goods found to its satisfaction to be defective within twelve months of the date of manufacture owing to faulty design, materials or workmanship, provided that the goods have not been
modified, other than by the company and have been operated, repaired and maintained within the Company’s recommendations for use (if any). If the goods do not remain in these guidelines, the guarantee is nullified.

b. Goods returned under this guarantee shall be delivered at the customer’s expense.

c. The Company’s obligation herein to refund, repair or replace the goods is the sole liability of the Company as regards the fitness, quality or description of the goods and their correspondence with sample. All other representation, warranties, conditions, terms or statements as regards the same expressed or implied statutory or otherwise are excluded and the Company is under no further liability in contract for, or otherwise in respect thereof.

d. In the case of repaired goods by the Company, the guarantee period shall terminate at the end of the original guarantee period.

11. Returns of Goods

a. Subject to conditions of guarantee, goods cannot be returned unless previously agreed. The seller will only consider returns under guarantee and with a legible serial number still present, and it must be accompanied by a RMA number or Returns Authorisation Number. The seller reserves the right at its
discretion to replace, repair or refund payment in respect of all goods returned.

b. Returns made up of goods not under guarantee or from another product will not be accepted back for credit. The seller will not accept responsibility for goods that have been the subject of undue wear and tear, accident, misuse, interference, incorrect application, neglect, or improper environmental use. The buyer will be responsible for ensuring that all returns are delivered at the expense of the buyer. Goods that have been supplied in accordance with customer’s orders will not be accepted for return without prior written consent and must be of the same condition as when manufactured. If such consent is given, a handling charge of 20% will be levied. All returns found not to comply with the Company’s guarantee will be subject to a 20% handling charge.

12. Conditions and Warranties

a. No warranty or conditions whether statutory or otherwise as to the fitness of the goods to be supplied under the contract for any particular purpose is given or shall be implied and the Company is not to be liable for consequential loss or damage of any kind or description arising from any goods sold by the Company.

13. Customers’ Property

a. The Company will take reasonable care of customers’ property in its custody. It shall not be held responsible for any loss or damage arising from any cause except to the extent of the Company’s insurance policies.

14. Interpretation of Contracts

a. All contracts for sale of goods or service will be interpreted in accordance with English Law and any dispute shall be submitted to arbitration under the laws of England.

b. Our policy is one of continued research and we reserve the right to amend any equipment specifications without prior notice.