Webshop terms & conditions of sale

TERMS AND CONDITIONS OF SALE FLÄKTGROUP UK LIMITED

THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE FOLLOWING CLAUSES:

Clause 3: Sanctions and Restrictions

Clause 8: FläktGroup’s Liability

 

[FläktGroup UK Ltd] (“FläktGroup”) registered in England and Wales with company number [09859894] and registered address at [Dolphin House Moreton Business Park, Moreton-On-Lugg, Hereford, United Kingdom, HR4 8DS] shall sell to the customer the products requested in an order (the “Products”) unless otherwise is agreed in writing. The term Customer refers to any business or trader or other organisation or individual placing an order through the FläktGroup website.

 

1.      Basis of Contract

1.1.     These Terms and Conditions apply to each order for the supply of Products by FläktGroup to the Customer (“Contract”).

 

1.2.     These Terms and Conditions shall apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate (unless expressly agreed in writing between the parties), or which are implied by law, trade custom, practice or course of dealing.

 

1.3.     These Terms and Conditions are made only in the English language.

 

1.4.     The Contract is the entire agreement between FläktGroup in relation to sale of the Products. The Customer acknowledges that it has not relied on any statement, promise or representation or assurance or warranty that is not set out in the order.

 

1.5.     The Customer should print or save a copy of these Terms and Conditions for future reference.

 

2.      Order

2.1.     These Terms and Conditions do not apply in relation to consumers. By placing an order on the Website the Customer warrants that it places the order solely in the course of conducting its trade or business.

 

2.2.     The Customer shall follow onscreen prompts to place an order online at FläktGroups’s e-commerce site https://flaktgroup.com/uk/shop/ (“Website”). An order is an offer by the Customer to purchase the Products from FläktGroup subject to these Terms and Conditions. 

 

2.3.     The Customer is responsible for ensuring that the order is complete and accurate before submitting the same on the Website. The Customer has the opportunity to check the order on the Website before submitting it to FläktGroup.

 

2.4.     An order shall only be accepted when FläktGroup sends an email to the Customer accepting the order.

 

2.5.     If FläktGroup is unable to supply the Products for any reason, FläktGroup shall inform the Customer and shall not process the order. The Customer shall be entitled to a full refund of payments made in respect of the order.

 

2.6.     FläktGroup shall have no liability for any image or typographical errors in the Product descriptions or on the Website (eg errors in the product description, inaccurate prices or other incorrect information). FläktGroup shall be entitled to rectify such errors, including after FläktGroup has accepted the order in accordance with clause 2.4.

 

3.      Sanctions and Export Restrictions

3.1.     The Customer agrees that Products purchased from FläktGroup, nor any component of the Products, are intended to be acquired into, or shipped, transferred, exported directly or indirectly into any country prohibited by export restrictions, sanctions, or controls. The Customer shall bear all responsibility for complying with any applicable law relating to the export of any Products.

 

3.2.     The Customer shall indemnify FläktGroup against all liabilities, damages, losses, fines, expenses, and costs (including all interest, penalties, and reasonable professional costs and expenses) arising out of or in connection with any breach of clause 2.3.

 

4.      Delivery

4.1.     FläktGroup shall deliver the Products to the location set out in the Order (or such other location as agreed between the parties in writing) at any time after FläktGroup notifies the Customer that the Products are ready. Time for delivery of the Products shall not be of the essence.

 

4.2.     Upon delivery the Customer shall inspect the delivered Products. The Customer shall notify FläktGroup in writing of any shortage or defect in the delivered Products in accordance with clause 7.

 

4.3.     Any delivered Products can only be returned in accordance with the Contract and with FläktGroup’s prior written consent.

 

5.      Prices

5.1.     The prices for the Products are stated on the Website. Any prices are given in the currency stated in the order confirmation and are, unless otherwise stated, exclusive of VAT.

 

5.2.     FläktGroup shall have the right to update the prices at any time. Except as set out in clause 2.6, price changes shall not affect accepted orders.

 

6.      Payment

6.1.     Unless otherwise agreed between the parties, payment shall be made at the time of ordering, or at the latest within 30 days of the date of any invoice provided by FläktGroup.

 

6.2.     The delivered Products shall, to the fullest extent allowed by law, remain FläktGroup’s property until FläktGroup has received payment in full from the Customer. Upon delayed payment, interest on arrears shall be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

 

6.3.     FläktGroup shall furthermore have the right to withhold deliveries to the Customer, demand that acceptable securities be provided, amend the terms of payment and any possible credit limit and cancel the Order upon delayed payment.

 

6.4.     Should the Customer not pay in time FläktGroup shall have the right to send reminders and charge a fee for such reminders. Should the Customer not effect payment within the stated time in the reminder, any invoices due may be given to a debt collector without any further notice from FläktGroup.

 

7.      Quality

7.1.     The Products are intended for use only in the UK. We do not warrant that the Products comply with the laws, regulations or standards outside the UK.

 

7.2.     FläktGroup warrants that on delivery the Products shall:

   7.2.1.      conform with their description;

   7.2.2.      be free from material defects in design, material and workmanship; and

   7.2.3.      be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

 

7.3.     Subject to clause 7.4, if:

   7.3.1.       In the case of defects that are visible on a reasonable visual inspection of the Products on delivery, the Customer gives FläktGroup notice in writing within 48 hours of delivery that some or all of the Products do not comply with the warranty set out in clause 7.2, or

in the case of defects that are not visible on delivery, the Customer gives FläktGroup notice in writing within 7 days of delivery that some or all of the Products do not comply with the warranty set out in clause 7.2;

   7.3.2.       FläktGroup are given a reasonable opportunity of examining the Products; and

   7.3.3.       in the case of replacement parts, the Customer completes a reject form (available from FläktGroup on request),

   7.3.4.      the Customer returns the Products to FläktGroup at the Customer’s cost,

FläktGroup will, at its option, repair or replace the defective Products, or refund the price of the defective Products in full.

 

7.4.     FläktGroup will not be liable for breach of the warranty set out in clause 7.2 if:

   7.4.1.      The Customer makes any further use of the Products after giving notice to FläktGroup under clause 7.3;

  7.4.2.      the defect arises as a result of FläktGroup following any drawing, design or specification supplied by the Customer;

   7.4.3.      the Customer alters or repairs the Products without FläktGroup’s written consent;

   7.4.4.      the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

  7.4.5.      the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

 

7.5.     FläktGroup will only be liable to the Customer for the Products’ failure to comply with the warranty set out in clause 7.2 to the extent set out in this clause 7.

 

7.6.     Except as expressly stated in these Terms and Conditions, FläktGroup do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, FläktGroup will not be responsible for ensuring that the Products are suitable for the Customer’s purposes.

 

7.7.     These Terms and Conditions  and General Conditions of Sale also apply to any repaired or replacement Products supplied by us to you.

 

8.      Termination

8.1.     Without affecting any of its rights, FläktGroup may suspend or terminate the supply or delivery of the Products to the Customer or terminate the Contract with immediate effect by giving written notice to the Customer if:

   8.1.1.      it commits a material breach of any term of the Contract and (if the breach is remediable) the Customer fails to remedy that breach within 14 days of the Customer  being notified in writing to do so;

   8.1.2.      it fails to pay any amount due under the Contract on the due date for payment;

   8.1.3.      it suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business.

 

8.2.     The Customer may terminate an Order by giving FläktGroup notice in writing if FläktGroup materially breaches the Contract and does not remedy such breach within 30 days of notice to it by the Customer.

 

8.3.     Any term of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

 

FläktGroup’s liability

8.4.     References to liability in this clause 8 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

 

8.5.     Nothing in these Terms limits or excludes FläktGroup’s liability for death or personal injury caused by FläktGroup’s negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession), or any other liability that cannot be limited or excluded by law.

 

8.6.     Subject to clause 8.5, FläktGroup will under no circumstances be liable to the Customer for any loss of profits, loss of sales, loss of business, loss of revenue, loss of business opportunity, loss of anticipated savings, loss of goodwill, wasted expenditure or any indirect or consequential loss.

 

8.7.     Subject to clause 8.5, FläktGroup’s total liability to the Customer shall not exceed the total sums paid or payable by the Customer under this Contract.

 

 

9.      Assignment and transfer.

9.1.     We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.

 

9.2.     You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

 

10.  General

10.1. Writing. A reference to writing shall exclude fax but not email.

 

10.2. Force Majeure. FläktGroup shall not be liable or responsible for any failure or delay in performance of any of its obligations under the Contract that is caused by any act or event beyond its reasonable control.

 

10.3. Governing law and jurisdiction. The Contract is governed by English law and each party irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

 

10.4. Variation. Only FläktGroup may vary these Terms and Conditions, and can do so from time to time on giving the Customer at least 30 days’ written notice.

 

10.5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.