Fletcher European Containers Ltd terms and conditions of use
- This site shall refer to any content and materials in whatever form stored on and made available from electronic devices, which may be described hereafter as a server, or servers, which are under the direct control of Fletcher European Containers Ltd.
- The user of this site shall mean any individual private person or business or organisation or electronic device or mechanism accessing this site in whatever capacity and by whatever means.
- The phrase 'content and materials' referred to herein shall mean any pictures, video, animation, sound, text, information, computer file or other electronic data in any form and combination whatsoever made available from this site and which without limitation to the foregoing may also be defined as the intellectual property of Fletcher European Containers Ltd.
- By accessing any content and materials from this site the user hereby agrees to the terms and conditions of use described in this statement upon the date and time of their first access of this site.
- Fletcher European Containers Ltd reserves the right to change these terms and conditions at any time with any such changes being made available from this site, continued use of content and materials from this site after such changes have been made available shall constitute full acceptance by the user of these changes.
- All content and materials from this site may not be reproduced except for private personal non-commercial use by individual users and may not be used for the development of content exploited, distributed, publicly performed, archived or otherwise used in any medium whatsoever except with the prior express written permission of Fletcher European Containers Ltd.
- By accessing this site the user hereby agrees not to use content and materials from this site to change edit adapt or to create work derived from such content and materials for any purpose whatsoever other than for their own personal non-commercial private use.
- Fletcher European Containers Ltd reserves the right to charge any user at any time for access to and the use of all content and materials from this site such charges shall not in any way invalidate the rights of the copyright holder and shall not entitle the user to use or exploit such content and materials in any way which may be a breach of these terms and conditions.
- The copying, harvesting or use by whatever means of any e-mail addresses within domains controlled or managed by Fletcher European Containers Ltd or e-mail addresses or other means of message delivery made available from this site which shall consequently be used for the purposes of sending unsolicited e-mail or for any other unsolicited commercial purpose is strictly prohibited and is considered to be contrary to the laws of the European Union and England and Wales Where such activity is proven then Fletcher European shall hold both the company and or individual responsible for sending such messages and the company and or individual who is the subject of such messages liable and reserves the right to recover all costs and damages from such parties.
- All materials and content available from this site are provided 'as is' without any implicit or explicit guarantee as to their suitability for use for any particular purpose.
- Without limitation and irrespective of any contractual obligations Fletcher European Containers Ltd shall not be deemed negligent or liable for any damages whatsoever either indirect or consequential which may arise from the use of or failure to access any material and content available from this site.
- Fletcher European Containers Ltd reserves the right to alter, edit or delete at any time any of the materials and content available from this site and does not warrant or guarantee that any such materials or content shall be free of errors or shall be made available on an uninterrupted basis.
- The names, domain names, associated logos and images which identify the products and services of Fletcher European Containers Ltd or where applicable any sites originating from Fletcher European Containers Ltd servers remain the property of Fletcher European Containers Ltd.
- Where there is a difference between these Terms and Conditions and any other terms made available from this site then the latter shall predominate.
- Where any individual term and condition contained herein shall be unenforceable, illegal or invalid owing to the laws of the country or state in which this site is being accessed by the user then that term or condition only shall be deleted leaving effective and binding all remaining terms and conditions.
- Fletcher European Containers Ltd believes in strong electronic privacy and unless forced by court order or similar legal requirement Fletcher European Containers Ltd shall wherever possible attempt to maintain the confidentiality of any data submitted to Fletcher European Containers Ltd by an individual user and will not pass on information, which may identify that user to any third party without that users permission.
- Fletcher European Containers Ltd believes in the inalienable right to free speech but does not accept any liability whatsoever for false malicious defamatory or illegal information or data submitted by a user and which may consequently be made available from this site either inadvertently or by automated electronic process.
- These Terms and Conditions of use shall be governed by the laws of England and Wales and any consequent dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Failure to agree with any of these terms and conditions requires the user to cease any further access to this site and to ensure the destruction of all copies made in whatever medium of any content or materials made by the user from this site.
Website usage information
We collect website usage information to help us:
- assess the effectiveness of marketing campaigns
- improve the usage of the website
- improve the design of the website and make it more usable for you
Cookies are small files that are often created when you visit a website, and which are stored in the cookie directory of your computer. A cookie often includes an anonymous unique identifier. Cookies do not damage your computer. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. You can decide if you want to accept cookies by changing the settings on your browser to either accept all cookies, reject all cookies, or notify you when a cookie is set.
There are two types of cookie. Persistent cookies remain on your computer for a specified time, like six or 12 months. We use persistent cookies to collect website usage information for use as described above. These cookies contain no personal information and cannot be used to identify you. Session-specific cookies are deleted when you leave the website. We use session cookies for the following purposes:
- to hold the information given while using an interactive tool on the website
- to hold your details when you are logged into the site
- to hold your search criteria while you are doing a search of the website
To collect website usage information for use as described above - website usage information cookies contain no personal information and cannot be used to identify you.
Linking to other websites
This website contains links to many other websites. None of the personal information described above is passed to any of these organisations. Anonymous visit or session information may be passed to other websites for the web usage information purposes described above. None of this information can be related to an individual user of the website.
Right to request information
You have a right to request a copy of any personal data held in order to check its accuracy. If you wish to do this, please contact Fletcher European Containers Ltd, explaining that your interest is to review your personal data.
General trading Terms conditions
1) In these conditions:-
(a) the “company” means FLETCHER EUROPEAN
(b) the “conditions” means these standard terms and
conditions of sale;
(c) “Contract” means a contract between the Company and the Buyer for the sale and purchase of goods.
(d) “Buyer” means a business or consumer whose order for the goods is accepted by the company
(e) “Goods” means the Goods which the Company is to supply in accordance with these conditions
2) These conditions shall govern the Contract to the
exclusion of any other terms and conditions between the Company and the Buyer and no variation to a Contract or these Conditions (including a purported incorporation of the Buyer’s standard terms and conditions of business) shall be binding on the Company unless agreed in writing and signed by an authorised representative of the company.
3) Acceptance of any quotation made by the company shall not constitute a Contract until acceptance is confirmed in writing by the Company.
4) Quotations and prices for goods are subject to withdrawal or alteration without notice.
5) Contracts shall be governed by and constructed in
accordance with English Law.
1) All prices for Goods are net unless otherwise stated. All quotations are made and orders accepted on the basis that should costs rise for any reason over those prevailing at the date of Contract, the company reserves the right to vary prices during the currency of any contract based here on.
2) All quotations and prices are exclusive of Value Added Tax (VAT) which shall be chargeable thereon.
3) Unless otherwise stated, all quotations and prices are on an ex-works basis and exclude the cost of transport and installation incurred by the Company as a result of such cancellation.
3. PAYMENT TERMS
1) Credit accounts are issued in line with the Companies credit control policy and are offered at the companies discretion. Unless a credit account has been agreed all orders are on a proforma basis, with payment required in full before an order is produced, compiled or despatched.
2) Once credit terms are agreed between the Company and Buyer, payment must be made in line with agreement without any discount or other deduction and without any deferment or set-off on account of disputes or cross claims unless otherwise agreed in writing. The time for payment of any invoice shall be the essence of the Contract.
3) Unless otherwise provided all sums shall be paid in sterling at our principal place of business in the United Kingdom. Should payments be in different currency as provided under the Contract then in the event of any devaluation of such currency after the date of the Contract any prices or charges shall be increased in proportion with the alteration in the parity rate between such currency and sterling.
3) If the buyer fails to make any payment on the due date for whatever reason, then without prejudice to any other right that the company may have, it shall be entitled to:-
(a) charge interest on all overdue sums owing to it at the rate of 4% per annum above the base rate or
HSBC current rate at that time. Interest shall be calculated from the date the sums in question
were payable to the date on which payment is made in full whether before or after judgement; and
(b) cancel the Contract or suspend any further deliveries of the Goods to the Buyer.
1) Except as provided in Clause 5(2) no guarantee is given that Goods supplied will conform exactly to any general descriptions or illustrations in the Company’s catalogues, leaflets or website.
2) Drawings and specifications specially prepared by the Company for the purposes of the Contract shall form part thereof unless the Company stipulates otherwise. The Buyer shall accept variations in size and specification consistent with normal manufacturing tolerances.
5. OWNERSHIP OF THE GOODS
1) The risk of damage or loss of the Goods shall immediately pass to the Buyer upon delivery or collection (as the case may be) of the Goods into the custody, care or control of the Buyer or its warehousemen, bailers or agents or to the carriers and the Buyer thereafter shall be responsible for all claims, actions and losses arising out of or in way associated with the Goods.
2) Unless and until the Company shall have been paid in full for the Goods comprised in the Contract, and all other outstanding monies due to the Company have been paid:
(a) property in the goods shall remain in the Company;
(b) the Buyer shall, at the Buyer’s cost, keep the Goods separate from its other goods and those of any third parties and properly stored, protected and insured (to their full replacement value) and identified as the Company’s property;
(c) the company shall at any time require the Buyer to
deliver up such Goods to the Company.
1) Unless otherwise agreed in writing, Tools and Jigs designed by the Company and manufactured on behalf of the Buyer for mouldings to be supplied under a Contract are the property of the Company notwithstanding the fact that the Buyer may have been charged with some or all of the cost thereof.
2) Orders for Tools and Jigs to be manufactured on behalf of the Buyer are accepted on the basis that such orders can be cancelled, suspended or modified only with the Company’s written consent and on the terms that the Buyer indemnifies the Company in full for any costs, damages, losses, charges and expenses (including loss of profit) incurred by the Company as a result of such cancellation, suspension or modification of terms.
3) The Company may destroy all Tools a Jigs which have not been used for a period of three years upon giving the Buyer three months’ notice in writing.
4) The Company undertakes to keep the Tools and Jigs under good repair but makes no guarantee to the Buyer as to the output which the Tool or Jig will produce. A charge will be made for major overhauls or refurbishments of Tools if and when this becomes necessary.
5) The Company will not be liable to insure any Tool or Jig against loss, damage, destruction, theft or other risk.
7.INTELLECTUAL PROPERTY RIGHTS
1) The company consider the following terms to be registered or un-registered trademarks that can be used by the Company only. The terms cannot be used by the Buyer, without prior written agreement by the Company:
Fletcher European, Fletcher, rotoXpro, rotoX, Hygibox.
2) The part numbers used by the Company to describe Goods are considered intellectual property owned by the Company. The Buyer cannot use the Companies part numbers in any of their own marketing material.
3). Images the Company provides to the Buyer are owned by the Company and provided for use by the Buyer only to promote the Companies Goods only. The company reserve the right to request the buyer or any third parties to remove images from any form of marketing material. The Buyer accepts that images provided as well as images extracted from the website are not to be used without prior permission from the Company.
4) All and any intellectual rights in all drawings, tools, models, artwork, proofs, sketches and other designs produced on behalf of the Buyer shall remain the property of the Company unless there is a specific written agreement with the Company making special arrangements for the ownership of the intellectual property.
5) When Goods are made or adapted by the Company in accordance with the Buyer’s specifications, the Buyer shall indemnify the Company against all and any claims, costs, damages, expenses or the like incurred by the Company in respect of the infringement or alleged infringement by such Goods of any intellectual property rights (including, without limitation, patents, trademarks, design rights, whether registered or not and including any application in relation thereto) belonging to third parties.
1) The Company will not be responsible for non-delivery or for delay in delivery and any loss or damage caused directly or indirectly by reason of any cause outside it’s control including, without limitation, fire or breakdown at the Company’s works, Act of God, war, strikes, lockouts, shortage of raw materials, non-availability of Tools. In such cases the Company may suspend orders or withdraw quotations.
2) Dates of delivery are not guaranteed and under no
circumstances shall the Company be liable for any losses or damages, howsoever caused, arising from any delay in delivery or by any failure to deliver. Late delivery shall not be grounds for cancellation of an order.
3) In the case of delivery by instalments, each delivery shall be considered a separate transaction. A failure of one delivery shall not affect the due performance of the Contract as regards other deliveries.
4) Where the company concludes the contract or carriage and/or insures the goods in transit the Company shall be deemed as acting solely as the Buyer’s agent and sections 32(2) and (3) of the Sale of Goods Act 1979 shall not apply.
5) Should despatch or collection of goods ready for delivery be delayed for any reason for which the Buyer is responsible, the Company reserves the right to render an invoice and call for payment for the Goods and arrange for storage of the Goods at the Buyer’s expense.
5) Subject to condition 6(1) the Buyer shall inspect the goods immediately upon arrival. Any claim for failure of goods to be in accordance with the Contract which ought to be revealed by a reasonably diligent examination must be notified to the Company in writing within THREE days of receipt of such Goods. If no notice is received within THREE days, or if the buyer has acknowledged receipt of the Goods by a signature given to the carrier or person delivering without any qualification the Goods will be deemed in all respects in accordance with the Contract and the Buyer will be bound to accept and pay for them.
1) No order which has been accepted by the Company in accordance with the provisions of these Conditions may be cancelled by the Buyer except with the agreement in writing of the Company and on the terms that the Buyer indemnifies the Company in full for any costs, damages, losses, charges and expenses (including loss of profit)
10. RETURN OF GOODS
1) Any returns must be agreed by the company in advance of good being returned.
2) A minimum 20% restocking charge will be deducted from all credits unless with the Company’s prior written consent.
3) Non-stock Goods produced specially on the Buyer’s behalf, or Goods adapted or amended to the Buyer’s specification will not be accepted for credit.
11. WARRANTIES AND LIABILITIES
1) The Company agrees to make good by replacement or repair, defects which arise solely from fault of materials or workmanship within a period of 90 days of delivery, provided that the Company is notified in writing of the defect and is given the opportunity to view and collect such goods and, if required, the Goods are promptly returned free to the Company’s premises.
2) Subject as expressly provided for in these conditions and except in cases where the Goods are sold to a person dealing as a consumer (as defined in the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent of the law.
3) Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any express or implied warranty, condition or other term or any duty in common law or under the express terms of any Contract for any Indirect, special or consequential losses or damages, (whether for loss of profit or otherwise) costs or expenses or other claims form compensation whatsoever (whether caused by the negligence of the Company, it’s agents or otherwise) which arise out of, or in connection with the supply of the Goods or their use or re-sale by the Buyer and the entire liability of the Company under or in connection with the Contract shall not exceed the invoice price paid for the Goods in question by the Buyer.
1) The Buyer shall indemnify the Company against all actions, proceedings, damages, losses, claims or demands in respect of any loss, injury or damage sustained by a third party (howsoever caused) arising directly or indirectly in connection with the use, functioning, condition or state of the Goods after receipt by the Buyer or after the property therein has passed from the Company whichever is the earlier.
13. CONTRACTING PARTY
1) The Company reserves the right to place a Contract with any of its subsidiary or associated manufacturing companies/divisions in which case such manufacturing company/division shall be deemed to be substituted for the Company as contracting party for the purposes of these Conditions.
1) All information provided by the Company to the Buyer is done on the agreement that is not to be distributed to third parties without prior written agreement from the Company. This includes product information, pricing, images, quotations and specification.
15, Reseller / distributor accounts
1) The company recognise certain Buyers as distributors providing Goods on the basis that products are for re-sale.
2) Only certain Goods are available for resale and made available to reseller Buyers, agreed by the Company in writing.
3) Distributor Buyers are not permitted to use the Companies intellectual property namely part numbers and the following trademarks:
Fletcher, Fletcher European, rotoX, rotoXpro,
4) Images will be provided by the Company for use by the Buyer only; The company reserve the right to request the buyer or any third parties to remove images from any form of marketing material.
5) All information provided to distributor Buyers is confidential and not to be passed to third parties, this includes prices, delivery terms, images, product specification.
1) No waiver by the Company of any breach of Contract by the Buyer shall be considered a waiver of any subsequent breach of the same or any other provision of these Conditions.
2) If any provision of these Conditions is held by any
competent authority to be invalid or unenforceable In
whole or in part the validity of other provisions of these Conditions and the remainder of the provision in question shall not be affected.
3) All notices served under these conditions shall be in writing and shall be sent to the address of the recipient as set out in the invoice and all notices shall be deemed to have been served:-
(a) Immediately, if sent by fax;
(b) On second day of business day after posting if sent by first class post; and
(c) Immediately, if delivery is affected by hand.
4) A person not a party to these Conditions or a Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce its terms.