FST RETAIL TERMS 01.01.2011
1. BASIS OF THE SALE
1.1 FST contracts on these conditions only, and acceptance of any order from a Buyer shall be upon these conditions and shall override any other terms and conditions stipulated or incorporated by the Buyer in the Buyer's order or in any negotiations. Variations or representations will only be binding on FST if confirmed in writing by an authorised officer of FST.
2.1 Subject to 2.3 below the price of goods is as stated on FST's current price list and is inclusive of VAT at the appropriate rate, except where stated. Price lists are updated with effect from 1st January each year.
2.2 Where carriage, insurance, storage or other charges are shown separately from the price of goods, they are nevertheless payable by the Buyer at the same time as if they form part of the price and shall be treated as such for the purposes of these conditions.
2.3 Prices are subject to alteration by FST (to reflect changes in costs of raw materials, labour, transport, etc) to those ruling at date of despatch save where an order has been accepted by FST at an agreed price. The Buyer will be notified as soon as possible of such alteration.
3.1 VAT is included at the appropriate rate in Retail Prices except where stated. VAT at standard rate will be added to non-VAT inclusive prices. Exports and goods shipped to the Channel Isles are zero rated for VAT. Goods shipped to EC countries are subject to UK VAT at standard rate. EC Buyers who are registered for VAT in their own country and wish to recover the VAT must quote their country code and VAT number with order (which must be shown on the FST invoice).
4.1 Payments should be made in Sterling by cheque, credit card, debit card or bank draft and made payable to 'FST'.
4.2 Direct transfer payments (BACS, CHAPS etc) should be made payable to 'FST', Bank Code 30-94-55, account number 04464053 and sent to Lloyds TSB Plc., 13 Cornhill, Ipswich, Suffolk, England IP1 1DG.
4.3 International and foreign currency payments by Swift are acceptable provided the correct amount after charges is credited to the account. These should be made payable to ‘FST’, IBAN number GB25LOYD30945504464053, Lloyds Swift Number LOYDGB21046.
4.4 Payment by Letter of Credit is acceptable only if all charges are paid by the Buyer.
4.5 Payment with order is required unless FST agrees otherwise.
4.6 Payment before shipping is required for all goods leaving the UK mainland.
5. CREDIT CARD TRANSACTIONS
5.1 Goods may be paid for by all major credit or debit cards. Credit card number, card name, card holders address, expiry date and 3-digit security code are required. Goods supplied on credit card transactions are protected under normal credit card regulations.
6. CREDIT INVOICES
6.1 Official orders are accepted from Schools, Councils and Government bodies by fax or in writing. Phoned orders must be confirmed by fax or in writing. Without prejudice to any other legal remedies available invoices unpaid after 30 days will be subject to 2% per month interest charges and further supplies will be suspended.
7.1 Discounts are not allowed on FST retail prices. Occasionaly goods are sold at introductory or end-of-line prices to clear stock.
8 GUARANTEES FOR GOODS, PARTS AND REPAIRS
8.1 FST goods carry a 1 year guarantee (except batteries, tennis balls and racket strings). Where a registration card is required this must be returned to validate the guarantee.
8.2 FST will bear the costs (shipping from & to the Buyer within the UK mainland , labour and parts) on goods repaired under guarantee.
8.3 FST will bear the costs (labour and parts but not shipping) on goods repaired under guarantee to a destination outside the UK mainland.
8.4 Ball machines and stringing machines carry extended parts warranties for 1 year and 2 years respectively, providing the registration card is returned. Goods replaced and repairs carried out under an extended parts warranty are subject to shipping and labour charges.
8.5 Batteries, tennis balls and racket strings will only be replaced in the event of the goods being tested by FST and found to be inherently defective within a period of 6 months from purchase.
8.6 Goods that have been serviced, repaired or had parts replaced carry a 3 month repair warranty. Any fault with the work done, repairs carried out or parts replaced will be rectified by FST at no cost to the buyer. This warranty applies only to the original work done.
8.7 The Buyer's statutory rights are not affected by these terms.
9. LIMITATION ON SCOPE OF GUARANTEES
9.1 FST's liabilities under this guarantee shall be limited to making available free of charge the labour and materials required to make good any defects in workmanship and materials of the goods or (at FST's option) replacing any defective goods. FST's liability under this warranty is also conditional upon:-
a) written notice of the defect being given to FST within 14 days after the discovery of the same
b) the goods having been properly stored and used by the Buyer prior to the defect occurring
c) the goods not having been subjected to damage during use, any abnormal or improper use or modification
d) the goods not having been subjected to attempted repair by a third party, without FST's consent
e) the goods having been returned at FST's request for inspection but at the Buyer's expense if not covered by any guarantee
f) the goods are at the Buyer's liability during shipping to FST unless insured against damage in transit
g) products are sold on the basis of specifications applicable at the time of sale. FST shall have no obligation to modify or update products once sold.
h) goods outside the UK mainland, returned at the Buyer's expense.
i) all work is carried out on behalf of the Buyer if sold by FST and on behalf the Retailer if sold by a third party.
10. LIMITATION OF LIABILITY
10.1 Save as provided under the Unfair Contracts Terms Act 1977 FST's liability for any loss, injury or damage of any nature whatsoever, whether direct or consequential, arising out of or in connection with any goods supplied by FST or resulting from the use thereof and
whether arising out of a breach of implied or express term, warranty or condition shall not exceed the cost to the Buyer of replacing or repairing the goods providing that FST is afforded a reasonable opportunity of replacing or repairing the goods.
10.2 All descriptions and illustrations contained in FST's catalogues, price lists and advertisements are intended to present merely a general idea of the goods described and should not form part of the contract.
10.3 Product datasheets are available on www.fst.co.uk providing accurate specifications of goods sold by FST and supersede the manufacturer's specifications, advertisements or other publications.
11.1 Normally sent by APC 24hr carrier. Smaller orders (under 1kg) by First Class Post.
11.2 Orders under £30.00 net goods inc. VAT are subject to a postage charge of £2.00 inc. VAT to each order sent at one time to one address by First Class Post.
11.3 Orders under £69.00 net goods inc. VAT are subject to a carriage charge of £5.95 inc. VAT to each order sent at one time to one address by APC 24hr carrier.
11.4 FREE DELIVERY will be offered onorders over £30.00 (by post) and £69.00 (by carrier) within the UK mainland (except Scottish Highlands).
11.5 Charges for the following areas regardless of order total for the first 20kg (P.O.A after 20kg) are as follows:
Scottish Highlands (postcodes AB 37-56, IV, KW, PA 21-39 or PA 21-39) £25.00 (inc VAT), Northern Ireland £35.00 (inc VAT), Rep. of Ireland £50.00 (inc VAT) and the Channel Isles £60.00 (inc. VAT).
11.6 Orders are normally sent by APC to be delivered in 1 working day after receipt of order assuming the items are in stock. Buyers should examine all parcels for external signs of damage, sign received "in good condition". If not received in good condition sign “goods damaged” or “shortage of goods” as appropriate and inform FST within 24hrs of delivery.
11.7 Orders overseas are shipped by Concordia International Forwarding Ltd and shipments are quoted on application as size, weight and destination have to be considered.
12.1 Goods or samples provided by FST to the Buyer on approval by special arrangement shall be at the risk of the Buyer on delivery.
12.2 FST shall be entitled to recover the cost of loss of or damage to goods or samples provided on approval sustained while under the care of the Buyer.
12.3 The Buyer may cancel an order made by telephone, fax, mail, email or world-wide-web (i.e. other than in person) for goods within 14 working days starting with the day on which they are delivered. Written notice of cancellation is required from the Buyer at the address shown below. The Buyer must take reasonable care of the goods and return them to FST at the address shown below within 14 days of receiving written cancellation. All returned goods will be subject to an inspection for completeness (including packaging) and damage (including transit to FST). A full refund of the purchase price less carriage charges, missing items and damage will be made within 30 days of receipt.
12.4 Goods stocked or made specially for a Buyer will not be subject to cancellation.
12.5 It is the responsibility of the Buyer to ensure the goods are suitably and sufficiently packaged to protect against the rigours of manual handling and transportation. Damage resulting from insufficient or unsuitable protection will be at the liability of the Buyer.
13.1 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties thereon in such country.
14. RETENTION OF TITLE
14.1 Property in the goods shall not pass to the Buyer until the Buyer has paid to FST all sums owed (under this or any other contract) by the Buyer to FST. The goods shall be at the risk of the Buyer on delivery.
14.2 Without prejudice to any other rights FST may have, FST may recover the goods and the Buyer agrees that FST, its agents or employees may enter on the Buyers premises and remove the goods at any time, when property in the goods has not passed to the Buyer.
15. LAW OF CONTRACT
15.1 The construction, validity and performance of any contract shall be governed in all respects by the law of England.
16. TERMINATION OF CONTRACT
16.1 Without prejudice to any other rights it may have, FST may, by notice to the Buyer, terminate any contract between the Buyer and FST forthwith and/or immediately recover from the Buyer all sums due from the Buyer under any contract with FST (notwithstanding any period of credit which may have been allowed) together with any accrued interest and other legitimate charges and loss caused to FST as a result of any termination if:
a) any payment due by the Buyer to FST is overdue in whole or in part; or
b) the Buyer shall commit any breach of any of the terms of any contract with FST provided that if the breach is remediable FST has given to the Buyer notice of such breach which has not been remedied within seven days thereafter; or
c) a resolution is passed or a Court Order made resolving or ordering the Buyer to be placed into liquidation or ordering that an administrator be appointed over all or any of the Buyer's assets; or
d) a receiver or administrative receiver is appointed over all or any of the assets of the Buyer; or
e) the Buyer (being an individual) has a petition in bankruptcy entered against him; or
f) the Buyer ceases to or threatens to cease to carry on trading
16.2 Where the Buyer is situated outside of the United Kingdom, FST shall be entitled to terminate the contract and/or recover all sums due pursuant to this clause if any event occurs which is analogous to the events described above.
17. WEEE REGULATIONS
17.1 Waste Electrical & Electronic Equipment Regulations 2006 (SI 2006/3289) apply to electrical and electronic goods supplied by FST.
17.2 Disposal of goods covered by the WEEE Regulations is outlined in the instruction manual supplied with the goods.
17.3 Contact FST, as below, if clarification of any aspect of the regulations is required..
Fulcher Sports & Technology Ltd, 19 Dales Court Business Centre, Wharfedale Road, Ipswich, Suffolk, IP1 4JP
Tel: 01473-744949 (2 lines and answerphone) Fax: 01473-744762 (24hrs) Email: email@example.comWeb: www.fst.co.uk