Standard Terms and Conditions of Sale
1.1 The Company means frankingfirst.co.uk.
1.2 The Customer means the company, group or individual placing an order with the Company of which these terms and conditions form part.
1.3 The goods mean goods to be supplied by the company.
1.4 The order means any order for goods or any service placed by the Customer with the Company.
These Conditions of Sale represent the entire agreement between the Company and the Customer unless specifically modified or superseded in writing by a duly authorised representative of the Company and shall prevail over any Terms & Conditions contained in any Order made by the Customer or in any document or verbal representation made by the Customer which is purported to have a contractual meaning. The Customer will be deemed to have accepted these Conditions of Sale if any of the following events occur: -
a) The Customer places an order on this website.
b) The Company sends and the Customer receives an order placed on this website.
Any quotation, including those included in a tender document, shall be valid for 7 days only from the date thereof unless the term is specifically extended by a duly authorised representative of the Company in writing.
No order shall be binding on the Company unless accepted by the Company in writing within two (2) working days of receipt of the order. When an order has been received and accepted by the Company cancellation will only be accepted at the Company’s discretion. The Company reserves the right to charge for all materials and work carried out, up to the date of the cancellation.
5. Despatch or Delivery
5.1 Any dispatch date or delivery date given by the Company is an estimate and the Company will not be liable for any loss or damage arising directly or indirectly from any delay in dispatch or delivery.
5.2 Should dispatch, shipment or delivery of the goods or any part thereof be delayed, prevented or prohibited for any cause whatsoever beyond the Company’s control, then at the Company’s option, either the contract or any unfulfilled part thereof shall be cancelled or, alternatively, the time for the delivery shall be extended until a reasonable time after the operation of any such cause shall have ceased. In either event the Company shall be under no liability to the Customer for any loss or damage that may have occurred in consequence of such cancellation or extension of delivery date.
5.3 The goods will be deemed to be delivered and risk will be deemed to be passed to the Customer upon delivery to the Customers premises or nominated location or to agents, persons or carriers as specified in the order.
The Company will endeavour to deliver the exact quantity ordered but the Customer shall not be entitled to reject any order delivered which is less than 50% of the amount ordered.
The Customer agrees to store goods under any specific conditions recommended by the Company which will not be liable for any failure of goods stored contrary to such recommendations.
8. Return of Goods
No return of goods may be made without prior written approval of the Company. Such approval, if given, will include an official returns number and specific returns instructions for such return to be valid. Specific returns instructions are as listed under FAQs.
9. Pricing and Payments
9.1 Prices are quoted ex warehouse and the Company reserves the right to change prices without prior notice.
9.2 Prices are exclusive of any taxes. Statutory taxes (such as value added tax) where applicable will be added to prices at the prevailing rate at the date of the invoice.
9.3 Payments (subject to clause 9.4, 9.5, 9.6 below) will be required in one of the following forms prior to shipment release. U.K. business cheques, Credit cards (Visa, MasterCard, Eurocard), Wire transfer, Eurochecks, International money order, Bankers draft, letter of credit or cleared funds.
9.4 Customers wishing to apply for a credit account will be required to have traded for two consecutive months using one of the above payment methods, provide a satisfactory Bankers reference as well as two trade references.
9.5 The Company reserves the right to withdraw credit terms if the Customer fails to settle the account in a satisfactory manner.
9.6 The Company reserves the right to charge interest on overdue accounts at the rate of 2% over Base Rate – Prorata.
In the event that the Company institutes legal proceedings against the Customer to recover any outstanding sums due to the Company for goods supplied to the Customer, the Company shall be entitled to recover from the Customer all costs incurred in such proceedings, including legal fees.
10. Warranties & Exclusions
10.1 Unless otherwise specified the Company guarantees to replace or (at its option) repair any goods supplied by it provided; (a) payment has been received in full and (b) the Company has been informed promptly of the discovery of any such defect together with a full written report on the defect by a suitably qualified person. (c) Such defect is reported within 60 days of supply by the Company.
10.2 This guarantee shall not apply to fair wear and tear or to damage due to negligence or improper handling by the Customer, his employees or agents or third parties or in the case of repairs or alterations carried out without the Company’s knowledge or approval or due to damage by any cause beyond the Company’s control.
10.3 Without prejudice to the foregoing the Company shall in no circumstances be liable for any loss or damage costs or expenses, which exceed in the aggregate of the sale price of the goods.
10.4 Except as provided above, all express or implied conditions and warranties (whether statutory or otherwise) as to description, quality, and fitness for purpose of the goods or otherwise are hereby excluded.
The Company will not be liable for the failure of Goods to comply with any express or implied warranties given by the Customer to any third party. UNLESS REQUIRED BY LAW, THE COMPANY SHALL HAVE NO LIABILITY TO THE BUYER AND OR ANY THIRD PARTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE OR LOSS OF ANY KIND.
11. Title and Risk of Loss
11.1 The risk in the goods shall pass from the Company to the Customer upon delivery of such goods to the Customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership shall not pass to the Customer until the Company has received in cash or cleared funds payment in full for all goods delivered to the Customer under this and all other contracts between the Company and the Customer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the Customer under which the goods were delivered.
11.2 If any item of goods owned by the Company is attached to, blended with or incorporated into any package containing goods not owned by the Company such that it cannot be identified separately from such non-owned Goods then the resulting mixed Goods title shall vest in the Company.
11.3 Customer shall store all Goods owned by the Company so as to be clearly identifiable as the Company’s property and shall maintain and make available to the Company such records of Goods stored, of persons or entities to whom it sells or has sold Company-owned Goods and of payments made by such persons or entities. It will allow the Company to inspect such records promptly on request. All Goods supplied by the Company in the Customers possession at the time of inspection by the Company shall be presumed to belong to the Company unless the Customer can prove otherwise.
11.4 The Company shall be entitled to trace and recover the proceeds, of any sale or insurance proceeds received in respect of Goods owned by the Company. Such proceeds shall be paid into a separate Bank account and shall be held in trust by the Customer for the Company.
11.5 If the Customer fails to make payments to the Company when due, enters into bankruptcy, liquidation or a composition with its creditors, becomes insolvent or has a receiver or manager appointed over all or part of its assets or if the Company has reason to believe any of these events is likely to occur, the Company shall have the following rights:
(a) To enter without prior notice any premises where Goods it owns may be kept to repossess and to remove and to dispose of any Goods owned by the Company and to credit the value of such Goods recovered, less any expenses incurred against monies owed by the Customer to the Company.
(b) To require the Customer not to remove, re-sell or part with possession of any Goods owned by the Company until the Customer has paid in full any monies owed to the Company.
(c) To withold delivery or dispatch of any Goods due to be sent to the Customer.
12. Force Majeure
If either party is prevented from carrying out its obligations under the contract for supply of Goods due to circumstances beyond its reasonable control the parties affected shall be excused performance of its obligations for as long as and to the extent the Force Majeure situation lasts. Circumstances of Force Majeure include but are not limited to act of Government, power supply failure, sources of supplies failure, industrial dispute or natural disaster.
Any notice given by either party related to the contract to supply Goods shall be in writing and sent by post or facsimile to the registered office of the party to be served and shall be deemed to be delivered 5 business days after dispatch.
14. Saving of Rights
Where the Customer is a consumer as defined by section 6(2) of the Unfair Contract Terms Act 1977 the Customer’s statutory rights are not affected by any provisions contained herein.
15. Description of Goods
The description of the Goods contained in price lists, quotations, illustrations, drawings and specifications are believed to be correct as to weights, dimensions, capacity, performance and otherwise although the drawings are intended as a guide only and may not be to scale. Any error or mis-statement found therein shall not annul the sale or entitle the Customer to be discharged from the contract or to make a claim in respect thereof. Notwithstanding the foregoing the Customer shall not be obliged to accept any Goods which differ substantially in any of the above mentioned respects from the Goods agreed to be sold if the Customer shows that he will be prejudiced by reason of such difference.
16. Whole Contract Terms
This document shall constitute the whole contract between the Company and the Customer and these conditions may not be varied except in writing signed on behalf of the Company by a duly authorized officer of the Company.
17. Governing Law
These conditions shall be subject to and construed in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the English Courts.