Customer Service Second to None
Terms & Conditions
- THESE TERMS AND CONDITIONS
1.1 Coverage terms. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Make sure you read them. Please read these terms and conditions before submitting your order, our terms tell you who we are, what we will provide products to you, how you and ourselves may alter or end the contract, if there is a problem what should you do and additional important information.
1.3 Business Customer or Consumer? In some areas you will have different rights under these terms depending on whether you are a business or customer. You will be a consumer if:
- You are an individual; and
- You are buying products from us wholly and mainly for your personal use (not in any way connected with your trade, business, craft or profession)
1.4 If you are a business customer this is our entire agreement with you. Being a business customer, these terms constitute the entire agreement between us in relation to your purchase. It’s acknowledged that you will not rely on any statement, promise, representation, assurance, or warranty made or given by or on our behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement or agreement.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who are we. We are Active Fire Safety Solutions Ltd (t/a Premier Fire Doors) a company registered in England and Wales. Our company registration number is 12167411 and our registered office is at Derwent Business Centre, Clarke Street, Derby, Derbyshire, DE1 2BU
2.2 How to contact us. You can contact us by telephoning our customer service/sales team on 0330 122 9550 or by you writing/email us at email@example.com
2.3 How we may contact you. If we have to contact you we will do so via writing to you through email address provided, postal address or telephone number provided by you.
2.4 “Writing” includes emails. The words “written” or “writing” in these terms also includes emails.
- OUR CONTRACT WITH YOU
3.1 How we accept your order. When we accept your order, it will take place when we email you and you have accepted it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. Should we be unable to accept your order, we will inform you of this and will not charge you for the product(s). In this event it may be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product/service or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- OUR PRODUCTS
4.1 Products may vary slightly from their pictures/perception/description. Images of products displayed on our website are for illustrative purposes only. Every effort made to provide a display where colours are accurate but, we cannot guarantee that a devise’s display or the images will not vary from the actual products.
Product(s) may vary from those images/written quote and we shall not be in breach of this agreement if the image varies from the product(s) delivered to you. Any natural material used such as wood FD30/FD60/FD90/FD120/Veneer/Beading/Lipping or similar are natural products affected by various conditions before, during and after production. Active, Premier and our suppliers will not in any way guarantee colour/texture/pattern matching or variation of products supplied that are out of our control.
At request, booking matching can be quoted for and priced accordingly as a non-refundable bespoke option. But isn’t an automatic service/product offered. Should doors be near close proximity to each other we would recommend this choosing this option.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered please contact us within 5 working days of order placement and we will let you know if the change is possible. If it is possible, we will let you know about any change in pricing of the product or alteration of product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to proceed with changes via written confirmation. This is important for bespoke items as they are non-refundable.
- OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
- to reflect changes in the relevant laws and regulatory requirements; or
- to implement minor technical adjustments and improvements.
- PROVIDING THE PRODUCTS & DELIVERY TIMES *some items are specific to client.
7.1 Delivery Costs. The costs of delivery are according to suppliers providing products and agreed with you during the order process in writing. (Included within Consultancy and Supply & Fit Quote)
7.2 When we will provide the products. During the order process we will let you know when products will be provided:
- If the products are goods. If the products are goods (we aim to deliver them to you as soon as reasonably possible according to manufacturer lead times and
- Estimated lead time is dependant on supplier, demand at the time of order, time of year and stock levels. However as a general guide we can advise of the following lead times. * JB Kind 4-10 days average * Standard sizes 7-10 working days (depending on type style and rating) * Bespoke orders minimum 3 working weeks (depending on type style and rating) * Certain veneers and laminates 6-10 weeks. NOTE: We will always strive to achieve the quickest possible delivery times as we work closely everyday with a number of manufacturers. For more information on delivery and lead times, please contact our sales team.
- One-off services Supply and Installation. We will begin the services on the date set out in the order and agreed with you during the order process. The estimated completion date for the services is as told to you during the order process. Services can be found on premier-firesafety.com
- Ongoing services. We will supply the services to you until either the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10
7.3 We are not responsible for delays outside our control. If our supply of the products are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us in regard to the contract and receive a refund for any product you have paid for but not received. Bespoke items are excluded from this due to the nature of the order being specific to you and made according to order required, this includes all glazed doors.
7.4 Collection by you. While not something we offer on occasion we may arrange for you to collect directly from our manufacturer and agreed at the appropriate time.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will inform you on how to arrange delivery, a charge may be incurred for failed delivery set out by the delivery company.
7.6 If you do not re-arrange delivery. If you do not collect the products from us or manufacturer or re-arrange for delivery, we will contact you with further instructions and may charge you for storage costs and any further delivery costs. If, despite reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) Normal hours are 8am to 5pm, after this time and prior agreement we will charge you full additional costs incurred on remaining amount on invoice by us as a result, or a min £65 excl VAT min for the first hour, and travel time, and the £65 charge per hour delayed on site and .30ppm post code to code charge and expenses. If despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply. For Third Party Supply and Fit products/services, the relevant Terms and Conditions will apply. *Section 18.
7.8 When you become responsible for the goods. A product(s) which are goods that will be your responsibility from the time we deliver the product to the address you have provided us to be stored in a safe place or you will collect from our manufacturer. Should goods be delivered and stored on site, you the client are responsible for checking for damage and their security, (damage to goods or packaging must be reported within 24hrs of delivery, we will not cover any items outside of our control or not checked previously on site by us.
7.9 When you own goods. You own a product which is goods once we have received payment in full.
7.10 What will happen if you do not give required information to us. In certain instances, we may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website or within the order confirmation that you have received from us. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or and emergency. If we have to suspend the product for longer than 8 working weeks, we will adjust the price so that you don’t have to pay for the products while they are suspended. You may contact us to the end of the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us any outstanding sums. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause14.5).
- YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing when you decide to end the contract and whether you are a consumer or business customer:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract, get the product repaired or replaced or a service re-performed or to get some or all, of your money back. Please refer to clause 12 if you are a consumer and clause 13 if you are a business;
- If you want to end the contract because of something we have done or have told you we are going to do, clause 8.2 shall apply;
- If you are a consumer and have just changed your mind about the product, clause 8.3 shall apply. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all cases (if we are not at fault and you are not a consumer exercising your rights to change your mind), clause 8.6 shall apply.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will immediately end and we will refund you in full for any products which have not been provided. The reasons are:
- We have told you about an upcoming change to the product or these terms which you do not agree to;
- We have told you about an error in the price and or description of the product you have ordered and you do not wish to proceed;
- There’s a risk that supply of the products may be significantly delayed because of events outside our control;
- We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 working days; or
- You have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer. If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running.
8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered:
- Have you bought services (for example, an installations of our goods)? If so, you have 14 days after the date we email you to confirm and accept your order. However, once we have completed the services you cannot change your mind, even when the period is still running. Should you cancel after services have started, you must pay us for the services provided up until the time you tell us that you have now changed your mind. This must be in writing.
- Have you bought goods (for example, a fire door)? In this instance you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
- Your good are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing services for which you have paid for them. Should you want to end the contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, contact us in writing to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. If you are a business customer and your client has changed their mind or error made via your client on ordering or you have ordered incorrectly beyond our control, you will not be able to apply for a refund under and circumstance.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling our customer services on 03301 229550 and you must write/email us at firstname.lastname@example.org.
9.2 Returning products after ending the contract. If you end the contract for any reason after the products have been dispatched to you or you have received them, you must return them to us in original condition/packaging. You must either return the goods in person to where you bought them, post them back to us by first write/emailing us at email@example.com who shall provide details of return address. Or, (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 03301 229550 and you must write/email us at firstname.lastname@example.org for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
- If the products are faulty or misdescribed.
- If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events because you have a legal right to do so as a result of something we have done wrong; or
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct costs to us for collection. The costs of collection will be £85.00 excl VAT. For Third Party Supply and Fit products/services, the relevant Terms and Conditions will apply. *Section 18.
9.5 How we will refund you. Should you be entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions for restocking from the price, set out in clause 9.6 below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind: If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a why which would not be permitted in a shop.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
- When the product is a service, we may deduct from any refund an amount for the supply of the service for the period of which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, a refund to you will be made within 14 working days from the day on which we receive the product back from you (subject to inspection). For information about how to return a product to us, see clause 9.2.
- In all other cases, your refund will be made within 14 working days of you telling us you have changed your mind.
- OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing/email to you if:
- Payment is not made to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
- You do not, within a reasonable time, allow us to deliver products to you or collect them from us; or
- You do not, within reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. Should we have to end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net cost we incur as a result of your breaking the contract.
- IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the products, please contact us straight away. You can telephone our customer service team on 03301 229550 and you must write/email us at email@example.com.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are the consumer, we are under a legal duty to supply products that are in conformity with this contract.
12.2 Should your product be goods, for example a fire door, such goods must be as described, fit for purpose and of a satisfactory quality. During the expected life span of your product your legal rights entitle you to the following:
- Up to 30 days: If your goods are faulty, then you can apply for an immediate refund.
- Up to six months: If your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to manufacturer warranty: If your goods do not last a reasonable length of time, you may be entitled to some money back, this will be in line with the manufacturer guides and subject to reasonable wear and tear. Natural products colour/texture/pattern are excluded.
- Goods reported as defective which require inspection found to be used outside of normal operation by the client will be replaced and the client charged labour costs at £65 excl VAT min for the first hour, then the same charge per hour on site, cost of replacement parts and .30ppm post code to code charge and expenses. For Third Party Supply and Fit products/services, the relevant Terms and Conditions will apply. *Section 18.
12.3 If your product is services, for example the installation of goods:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, it must be carried out within a reasonable
12.4 Your obligation to return rejected products. If you wish to exercise your legal rights and reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 03301 229550 and you must write/email us at firstname.lastname@example.org for a return or to arrange collection. For Third Party Supply and Fit products/services, the relevant Terms and Conditions will apply. *Section 18.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
13.1 If you are a business customer, we warrant that on delivery, and for the duration of any warranty period offered to you by us in writing/emailing, any products which are goods shall:
- Confirm in all material respects with their description; and
- Be free from material defects in design, material and workmanship;
13.2 Subject to clause 13.3, if:
- You give us notice in writing/emailing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
- We are given a reasonable opportunity of examining such product; and
- You return such product to us,
- We shall, at our opinion, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a products failure to comply with the warranty in clause 13.1 if:
- You make any further use of such product after giving a notice in accordance with clause 13.2(a);
- The defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- The defect arises as a result of us following any drawing, design or specification supplied to you;
- You alter or repair the product without our written consent; or
- The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Any goods altered by the client/third party will automatically assume liability and responsibility of goods and their operation. Costs will be charged by us for altering/repairing/replacing any items to ensure compliance. This includes a minimum call out fee of £65 excl VAT min for the first hour, then the same charge per hour on site, cost of replacement parts and .30ppm post code to code charge, and expenses. For Third Party Supply and Fit products/services, the relevant Terms and Conditions will apply. *Section 18.
- Goods such as self-affixed signage are to be ordered and paid for or supplied by the client. Should we be asked to re-use, we will not cover item failure or loss.
13.4 Expect as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5 These terms will apply to any repaired or replacement products supplied by us under clause 13.2.
- PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be price indicated on the order pages when you place an order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.2 for what happens if we discover an error in the price of the product you order.
14.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the products correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund you any sums already paid by you and require the return of any goods provided to you.
14.3 When you must pay and how you must pay. We accept payment by credit or debit card. When you must pay depends on what product you are buying:
- For goods, you must pay for the products before we dispatch them. Payment is taken straight away and your order will be sent to our manufacturer and then dispatched according to lead time provided and courier delivery time if chosen.
- For services, You must make full payment before commencing unless agreed by us. (In some instances, you must make an advanced payment of 100% or 50% of the price of the services, before we start providing them), this will be at the time of booking and confirming the request for services to be provided by us and allocation of a survey member, confirmation of the service date will be provided via email. We will invoice you for the balance of the price of the services when we have completed them and returned to you our report OR we will invoice you weekly (in advance OR in arrear) for the services until the services are completed). You must pay each invoice within 14 calendar days after the date of the invoice, unless otherwise agreed. Certifications will only be administered once full payment has been made.
- For goods/services, (in some instances you must make an advanced payment of 100% or 50% of the prices of services and goods) before we will start providing them when you are (a consumer and business customer) undertaking work from our Supply and Fit department or Third Party provider. This will be at the time of booking and confirming the request for services to be provided by us and allocation of a survey member, confirmation of the service date will be provided via email. We will invoice you for the balance of the price of the services when we have completed them and returned to you our report/fitting of products OR we will invoice you weekly (in advance OR in arrear) for the services until the services are completed). Fitted products deemed to be operational must have balances settled, items non-essential to operation for example, missing and delayed by our supplier will be fitted at the earliest opportunity and cannot be used to delay final payment. You must pay each invoice within 14 calendar days after the date of the invoice, unless otherwise agreed. Certifications will only be administered once full payment has been made.
- For goods/services, after instructing our Supply and Fit department or Third Party Provider to provide good and services, you must make an advanced payment of 100% or 50% of the total invoice, if an agreement has been set out to stage following payments until the full invoice is settled. This must be agreed in writing and payments made on the exact date requested by us. Failing to do so see, clause 14.4 and clause 14.5. Certifications will only be administered once full payment has been made.
- Cancellation/rebooking of services/products can be made but material and labour charges will be recovered if under 10 days before works begin and may mean deposit is non-refundable due to manufacturer/contractor conditions, in particular bespoke items. Late cancellation or non-confirmation of services before or after payment and agreement to commence including all surveys/assessments, agreed and booked but cancelled within 48hrs commencement will be charged at 100% of first day to cover costs or a min £65 excl VAT and travel costs at.30ppm whichever is greater. After 48hrs, no refund will be made. Any rebooking will be charged at original cost and paid before commencement. This also includes clients who fail to meet agreed site visit dates causing service to not commence. For Third Party Supply and Fit products/services, the relevant Terms and Conditions will apply. *Section 18.
14.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any off-set, counter claim, deduction or withholding (other than any deduction or withholding of tax as required by lay).
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of National Westminster Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
14.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
15.2 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to property that we discover while providing the services. For Third Party Supply and Fit services, the relevant Terms and Conditions will apply *Section 18.
15.3 When we are no liable for damage to your property. Products provided to you after purchase will arrive via a 3rd party, we are not liable for any damage incurred whilst delivery is made to your property. It is policy products are delivered to the main door only, beyond this it will be at your own risk of damage and neither us or 3rd party delivering your product are liable for claims relating to damage of property or product. For Third Party Supply and Fit products/services, the relevant Terms and Conditions will apply. *Section 18.
15.4 We are not liable for business losses. If you are a consumer, we only supply the products for you to you for domestic and private use. If you use the products for commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16. For Third Party Supply and Fit products/services, the relevant Terms and Conditions will apply. *Section 18.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
16.1 Nothing in these terms shall limit or exclude our liability of:
- Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); or
- Fraud or fraudulent misrepresentation.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sales of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
- We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under that particular contract.
- OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. For Third Party Supply and Fit services, the relevant Terms and Conditions will apply. *Section 18.
17.2 Customers and Clients approaching and using our contractors without our permission. We engage a number of contractors to fulfil our surveying and installation works, no permission is given for a period of 18 months from enquiry to employ/use these contractors via any means in works related to Active Fire Safety Solutions Ltd and Premier Fire Doors other than through us. Should a contractor we employ to work/introduce on our behalf approach you without permission in anyway, you must inform us immediately. Failure to inform us may mean you are liable in the event of breach of contract and lead to legal action being taken as we regard this as detrimental to our business and appropriate costs applied. Any contractor will also be liable for full payment of losses and profits also to us.
17.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
17.4 Nobody else has any rights under this contract. This contract is between you and us, no other person shall have rights to enforce any of its terms.
17.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.6 Even if we delay in enforcing this contract, we can still enforce it later. Should we not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.7 Governing Law and Jurisdiction. These terms shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim. Governing laws in Scotland and Northern Ireland will follow those governing laws.
*18. Contract Terms & Conditions where AFSS Ltd act as consultants and works are provided by a Third Party (Supply & Fit/Contract/Consultancy). (Relevant sections may apply* or agreed with client see appropriate section).
18.1 During the period of the signed contract and following a period of 18 months from contract completion and sign off, the client will not approach, solicit in any way, or through a third party, the use of the contractors employed by Active Fire Safety Solutions Ltd (AFSS), to undertake or perform such tasks in any form of work in a similar role to the work allocated during this contract between YOU and AFSS Ltd.
18.2 Payment terms are set out by AFSS Ltd to ensure terms for Third Party providers are met. This will be 50% deposit of total amount, second 25% balance at 75% completion point of project followed by the final balance of 25% for final invoice after works completion sign off. Due within 14 days. (Once confirmation has been confirmed via email as accepting quote and payment on invoice and received to AFSS, this will instigate AFSS management of contract and instructions to proceed).
18.3 Third Party terms set out below will be adhered to by all parties to ensure works quoted, accepted, and provided can be met. Any issues raised by any party will be directed through AFSS Ltd and processed accordingly. For example, should an issue be raised by the client, this information will be passed to our third party who will communicate and carry out agreed actions to resolve where required.
18.3a FDIS: Survey terms for payment: Agreement particular to client requirements and suitability to AFSS agreed per contract/project.
18.4 Third Party Terms: Where AFS Staff or 3rd party are used.
1.Our Third Party will require receipt of a purchase order or a written instruction before any works can be programmed, or sites attended.
- Prices are based upon Our Third Party having free access to hot running water, power and site welfare facilities.
- All costs are based on the understanding that 3rd party will have free uninterrupted 8-hour access to the site for each planned shift (8am-5pm). (5pm-8am an out of hour charge applies).
- Programming of Works will normally be agreed at the time of the official order. Subject to the programme, Our Third Party will be given complete and unhindered access to work areas. Failure to comply may lead to programme slippage and charges for waiting time. (8am-5pm). (5pm-8am an out of hour charge applies).
- In the event of delays caused by factors beyond the control of Our Third Party. No liability for compensation will arise to the Company.
- Should delays be forced upon Our Third Party by the action or action of the Client, his employees or third parties, Our Third Party will not be held responsible for any consequential over-run of time and liquidate damages. In addition, Our Third Party reserve the right to charge the Client for standing time or any additional associated costs incurred as a result of this delay.
- Should works be aborted within 24 hours of the agreed start date then an abortive fee may be raised for each allocated member of site staff at a rate of £250.00 Plus VAT, hired in plant costs will be charged at cost plus 5% for any incurred costs.
- Furthermore where the interruption is for a period of more than thirty days then Our Third Party reserve the right to review our price on the works outstanding.
- If during the course of carrying out our contracted work we find the need for additional modifications, repairs or service, then the client will be advised and if requested a quotation for these extras will be provided. On written instructions from the Client Our Third Party will then carry out these extra works.
- Our Third Party will only accept responsibility for any advice or recommendations made, providing that these were in writing.
- The responsibility for acting upon any results of tests, analysis or recommendations lies solely with the Client, regardless of the size or nature of the risks found.
- In the event that the Client is dissatisfied with the work and/or the invoice, the Client must advise Our Third Party in writing immediately. Any disputes raised following the agreed payment date will not be considered and full invoice value will be payable.
- Our Third Party carry’s third party insurance cover to the value of £5 million and liability for any damage or compensation will be restricted to this limit.