Terms & Conditions of Sale
Producer Registration Number: WEE/JH0508VR

1. Definition:
   (a) “The Company” means Fibre Technologies Ltd.
   (b) “The Customer” means the giver of the Purchase Order on acceptance of which by the Company, subject to the terms and conditions herein, gives rise to the contract.
   (c) “The Goods” means the product, products or other articles and services specified in the Purchase Order.
2. Application of Conditions:
   (a) All orders accepted shall be undertaken in accordance with and subject to the terms and conditions contained herein.
   (b) All additions to or variations of these terms and conditions whether or not contained in any document provided by the Customer or its Agents shall be inapplicable unless specifically accepted in writing by an authorised representative of the Company.
   (c) No other terms and conditions shall be applicable regardless of any provisions to the contrary appearing in documentation provided by the customer or its Agents and regardless of the time issue of such documentation.
3. Delivery and Risk:
   (a) Any time or date named for delivery by the Company is an estimate only, and although the Company will use its best endeavours to comply with delivery dates, the Company shall not be liable for the consequences of any delay within 14 days. The Company reserves the right to withdraw or suspend delivery of any goods ordered if compelled to do so by any cause outside its control.
   (b) Unless the Customer shall otherwise nominate, delivery shall take place when the goods are delivered by or on behalf of the Company to the Customer at which time risk in the goods shall pass to the Customer. If the Customer shall nominate a carrier delivery shall take place upon the goods being delivered to the nominated carrier.
4. Insurance:
   Save where the goods are delivered to the Customer’s nominated carrier, the goods will be insured by the Company from the date of despatch until delivery, or if being sent by post, until the acceptance at the Post Office, and proof of acceptance at the Post Office shall be by receipt. This condition shall not apply if the Customer nominates the method of carriage.
5. Non-delivery:
   The Company must be advised of non-delivery within 7 days of the date of despatch as shown on the Company’s despatch/delivery note.
6. Cancellation:
   Upon acceptance of an order by the Company, the Customer shall be entitled to cancel all or part of that order prior to shipment of same, provided that the Customer pays the Company a minimum cancellation and re-stocking fee of 20% of the original purchase order unit price with respect to each cancelled order or part thereof.
7. Inspection:
   The Customer shall inspect the goods immediately on delivery thereof, and shall within 3 days from such inspection, give notice in writing to the carrier and to the Company of any matter or things by reason where of the Customer alleges that the goods are not in accordance with the contract. If the Customer shall fail to give such notice, the goods shall be redeemed to be in all respects, in accordance with the contract and the Customer shall be bound to accept and pay for the same accordingly.
8. Price:
   (a) Prices quoted are those applicable at the date hereof and include packing and insurance costs. Carriage will be charged on all orders.
   (b) All prices quoted by the Company are exclusive of VAT and all other duties, which may from time to time be levied.
   (c) The Company reserves the right to amend final invoiced prices against any quotation or order acknowledgement based on prevailing macro-economic factors including but not limited to relevant exchange rate variations where these exceed +/-5% or such other amount as may be notified to customer at time of quotation or order.
9. Payment:
   (a) The Company’s Terms of Payment are 30 days from date of invoice.
   (b) Where no such terms are set out, then payment is due immediately on receipt of invoice.
   (c) In the event of any default by the Customer, in payment for the goods on the due date, then the Company may, without prejudice to any of its rights and remedies, hereunder charge interest at the rate of 2% over base rate as quoted by HSBC Bank plc on any amount overdue for payment, and may suspend further deliveries to the Customer (with or without cancellation of the balances of contract) under any contract between the Company and the Customer.
10. Instalments:
    Where the goods are to be delivered by instalments each instalment of goods shall be deemed to be sold under a separate contract with rights and liabilities accruing accordingly and all payments shall be made on the due date as a condition precedent to future deliveries.
11. Warranties:
    (a) Any warranties, whether express implied or statutory shall not cover any goods misused in period or in unsuitable conditions or in respect of which defects have been reported to the Company within the time stipulated.
    (b) To the extent that all other warranties, conditions and representations may in law be excluded they are hereby excluded and no liability shall accrue to the Company in respect of any loss, damage or personal injury suffered (whether directly or consequentially) arising out of the supply or re-use of the goods or any defects therein save that the following shall not be excluded:
    i) Any liability in respect of death or personal injury arising from the Company’s negligence; and
    ii) Such liability in respect of damage or loss arising directly out of the Company’s negligence as it would, in the circumstances be unreasonable to exclude.
    (c) Notwithstanding the foregoing, any liability of the Company as set out above shall (except with regard to liability in respect of death or personal injury set out in sub-clause 11 (b) (i) hereof in cases be limited to the invoice price of the goods in respect of which the Customer’s claim is made.
12. Denial of Access:
    (a) The Customer warrants it will not deny the Company access to its premises for the purposes of inspection, installation, maintenance or repair of the goods to fulfill the Company’s contractual obligations. The Customer agrees that if the Company is denied access to its premises or installed goods at any time whatsoever, the Customer will be deemed to be in breach of contract, either express or implied, and that the Company shall not liable for any loss incurred as a result of its inability to inspect, install, maintain or repair the goods.
    (b) Where the goods are to be delivered and installed by the Company, and it is unable, through the fault of the Customer, to commence installation on the date specified in the contract, the Company shall thereupon be at liberty to invoice the Customer for the goods sold and the invoice shall become payable in accordance with the Company’s terms of payment.
13. Title of Goods:
    (a) Legal title to and property in the goods shall remain with the Company and shall not pass to the Customer until payment has been made in full by the Customer.
    (b) During the time prior to the passing of the legal title in the goods, the Customer shall act as bailee for the Company in respect of the goods and shall mark them as property of the Company, store them separately from the Customer’s own goods and, if required to do so, shall undertake to return them to the Company. If the Customer should sell the goods prior to the passing of title pursuant to the terms of this clause, then the Customer shall be bound as a fiduciary to preserve and keep separate, the monies arising on such sale.
    (c) The Company reserves to itself the right to enter upon any premises, without notice of the customer or its nominated carrier where the goods are stored prior to the passing of legal title to the Company, for the purpose of inspecting the goods and re-taking possession of same.
14. Waiver:
    Any failure by the Company to enforce or require strict performance by the Customer of any of the terms and conditions contained herein shall not constitute a waiver thereof by the Company nor effect or prejudice the rights of the Company in any way in respect of the remedies open to the Company for any breach of the terms hereof.
15. Determination of Contract:
    If the Customer shall make default in or commit a breach of the terms and conditions herein contained or of any other of his obligations to the Company or if any distress or Execution shall be levied upon the Customer’s property or assets or if the Customer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any Petition or Receiving Order in bankruptcy shall be presented or made against him or if the Customer is a Limited Company and any resolution or petition to wind up such Company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if an administrative receiver of such Company’s undertaking property or assets or any part thereof shall be appointed, the Company shall have the right forthwith to determine any contract then subsisting and upon written notice of such determination being posted to the Company’s last known address any subsisting contracts shall be deemed to have been determined without prejudice to any claim or right the Company may otherwise make or exercise.
16. Force Majeure:
    (a) In the event of an outbreak of hostilities (whether war is declared or not) in which the United Kingdom is involved or in the event of a national emergency or if the Company should become either directly or indirectly so engaged on Government orders or orders under priority directions as to prevent or delay the fulfilment of other orders the Company shall be entitled at any time on notice to the Customer to make partial deliveries only to determine the contract without prejudice an any case to rights in respect of deliveries already made.
    (b) Delivery may be wholly or partially suspended and no liabilities shall accrue to the Company therefore in the event of stoppage, delay or interruption to work in the establishment of whether the Company or any supplier during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident, storm, flood, fire or failure of third parties to deliver the goods or providing services connected therewith or any cause whatever beyond the control of the Company which has the effect of preventing the Company from carrying out its obligations to the Customer hereunder.
17. Weights, Measures and Illustrations:
    Whilst every care has been taken to make the information complete of accurate weights and measurements given in the Company’s leaflets, catalogues, price lists or other trade literature should be taken as approximate only and subject to alterations of which the Company cannot undertake to give prior notice. Illustrations are given as a general guide and are not necessarily accurate in details.
18. WEEE Compliance:
    The Company is a member of the WeeeCare Compliance Scheme, EA registration WEE/MP3538PZ/SCH. It is the responsibility of the Customer to arrange and pay for the costs of collection of WEEE arising from the purchase of Company products, using WeeeCare. Call 0844 800 2004, quoting the Company’s registration number above.
19. Law Applicable:
    These terms and conditions and every contract to which they apply shall be subject to and construed in accordance with the laws of England and Wales.
20. Notices:
    Any notice in writing hereunder shall be deemed to be received two days after posting to the Registered Office or the last known trading address of the recipient.