These Terms and Conditions apply to all transactions on this site. Use of this site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the site. Please read them carefully.
If you do not accept these Terms and Conditions in full, you are not permitted to access this site and should cease any such use immediately.
The Company may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on to the site.
- The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: the person or company who purchases Goods from the Company.
Company: Floodtite Systems Ltd
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
Delivery Point: the place where delivery of the Goods is to take place under condition 4.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them)
- Application of Terms
- Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
- These conditions apply to all the Company’s sales and any variations to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
- Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
- No order placed by the Buyer shall be deemed to be accepted by the Company until a (written) acknowledgement of order is issued by the Company via e-mail or fax or (if earlier) the Goods are delivered to the Buyer.
- The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
- Any quotation is given on the basis that no Contract shall come into existence until the Company dispatches an acknowledgment of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
- The quantity and description of the Goods shall be as set out in the Company’s quotation or acknowledgment of order.
- Prices and Payment
- The price for the Goods shall be the price set out in the Company’s price list or website as published and valid on the date of purchase and will be inclusive of taxes and services as described.
- Promotional or trade discounts shall be subject to a valid voucher code or terms agreed in writing.
- Payment of the price of the Goods is due in pounds Sterling and shall be accepted only by means of an authorised credit or debit card payment, cheque, or bank transfer to the Company’s nominated bank account.
- No payment shall be deemed to have been received until the Company has received cleared funds.
- The Company will not arrange for delivery of the Goods to the Buyer until the Company has received payment in full for the Goods, unless expressly agreed otherwise.
- Delivery will only be arranged to destinations within mainland UK.
- Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
- Subject to the other provisions of these conditions, the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence).
- Clause 5 shall apply only where products inclusive of fitting have been purchased directly from the Company’s website, promotional literature, office or trade stand.
- Where the company includes within the price the pre-fitting of the Door Panel fixing frame or the Airbrick Cover wall fixings, the work will be carried out by the Company’s nominated contractors.
- When delivery of the product has been received by the Buyer and where fitting is expressly included in the price, the responsibility shall rest solely with the Buyer to arrange by telephone a mutually convenient appointment with the Company’s contractors. This will normally be within 14 days but the Company or its contractors will not be restricted to this timescale.
- When an appointment has been agreed the Buyer may give 24 hours notice of cancellation and another appointment will be arranged. If the buyer has not given 24 hours notice of cancellation and is not present at the premises within the agreed time, or an incorrect product has been purchased, a charge of £50 will be made by the Company to arrange a new appointment.
- The buyer agrees to sign a disclaimer, presented by the Company’s contractors before fitting work begins, which authorises the Company’s contractors to carry out fixings on the property.
- If the buyer’s door-frame is in any way non-standard so that additional materials are required to ensure an adequate fit for the fixing frame, the buyer will be liable for the costs of such materials.
- Once the Door Panel fixing frame has been fitted, it is essential that it is painted with a UV-resistant paint and this is the responsibility of the Buyer.
- The Company takes no responsibility for any problems relating to the fitting which in all circumstances should be addressed to the relevant contractor.
- Cancellation of Orders
- Subject to condition 6.2, the Company may at its discretion accept or reject the cancellation of any order after it has been accepted. If the Company decides to accept the cancellation of an order the acceptance shall be on such terms as the Company may specify.
- The Company may at its discretion accept or reject the return of any Goods which have been incorrectly ordered. If the Company decides to accept the return of such Goods the return shall be on such terms as the Company decides and in particular the Company may charge a restocking fee of 25% of the price of the Goods.
- Cancellation of an order prior to delivery will incur a 10% administration charge.
- Goods have a 12 month manufacturers warranty against defective materials. This applies specifically to the manufacture of the product itself and does not provide a guarantee against ineffective performance, which is necessarily reliant upon the competence of the installer and must consequently be outside the responsibility of the Company.
- Subject to agreement by the Company on inspection that Goods are defective, the Company will replace such Goods at its own cost.
- Limitation of Liability
- The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
- any breach of these conditions;
- any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
- any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
- All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
- Nothing in these conditions excludes or limits the liability of the Company:
- for death or injury caused by the Company’s negligence; or
- under section 2(3), Consumer Protection Act 1987; or
- for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
- for fraud or fraudulent misrepresentation.
- subject to condition 8.2 and condition 8.3:
- the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
- the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
- The Company may assign the Contract or any part of it to any person, firm or company.
- The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
- Force Majeure
- The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 45 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
- Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
- Any provision of these Terms which is or may be void or unenforceable will to the extent of such invalidity be deemed severable and will not affect any other provision of these Terms.
- No person who is not a party to these Terms will have any right to enforce any Terms pursuant to the Contracts (Rights of Third Parties) Act 1999. 4. These Terms are to be governed by and construed in accordance with English law and the courts of England are to have exclusive jurisdiction to settle any dispute in connection with these Terms.
Floodtite Systems Ltd T/A The UK Flood Defence Alliance
500 The Broadway, Muswell Hill, London N10 1BT
Registered in England and Wales company number 04688715