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5.1 Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact FENCO GROUP LTD's export department.
5.2 Unless otherwise agreed delivery of the goods shall take place at the Purchaser's place of business.
5.3 Where FENCO GROUP LTD makes delivery of the goods to the Purchaser's place of business or any other place as agreed in writing, all charges in relation to carriage, including, without limitation transport costs, insurance and unloading, will at FENCO GROUP LTD's option, be borne by the Purchaser.
5.4 Delivery of the goods shall be completed on the goods arrival at the Purchaser's place of business.
5.5 If the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by FENCO GROUP LTD's negligence) and FENCO GROUP LTD may:
5.5.1 store the goods until delivery takes place, and charge the Purchaser for all related costs and expenses (including without limitation storage and insurance); or
5.5.2 Sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.
5.6 Any dates specified by FENCO GROUP LTD for delivery of the goods are intended to be an estimate and time of delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time. FENCO GROUP LTD shall not be liable for any delay in delivery of the goods that is caused by an event of force majeure or the Purchaser's failure to provide FENCO GROUP LTD with adequate delivery instructions that are relevant to the supply of the goods.
5.7 FENCO GROUP LTD reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the contract.
5.8 The quantity of any consignment of goods recorded by FENCO GROUP LTD upon dispatch from FENCO GROUP LTD's place of business shall be conclusive evidence of the quantity received by the Purchaser can provide conclusive evidence proving the contrary.
5.9 Claims for shortages or damaged goods must be made in writing to FENCO GROUP LTD within 3 days of receipt of the goods. Or using the form on the contact us page online.
5.10 Claims for non-delivery must be made to FENCO GROUP LTD within 10 days of dispatch shown on invoice.
6. RETURNS
6.1 Notwithstanding any other provision in the Contract, FENCO GROUP LTD may at its option allow the Purchaser to return the goods upon the following conditions:
6.1.1 that the relevant goods are non-faulty;
6.1.2 that the relevant goods are goods that are ordinarily held in stock at one of FENCO GROUP LTD's locations;
6.1.3 that the Purchaser notifies FENCO GROUP LTD within 10 days of delivery of its intention to return the goods;
6.1.4 that the goods are returned to FENCO GROUP LTD within 15 days of delivery;
6.1.5 FENCO GROUP LTD and the Purchaser shall agree whether the goods shall be delivered by the Purchaser to FENCO GROUP LTD or collected by FENCO GROUP LTD from the Purchaser;
6.1.6 that the goods are undamaged, in the original packaging, with all trademarks or other labelling intact and fully suitable for re-sale;
6.1.7 the Purchaser agrees to pay FENCO GROUP LTD a 15% handling fee against the return of non-faulty standard goods.
6.2 Notwithstanding any other provision in the Contract, FENCO GROUP LTD may from time to time at its sole option accept the return of non-standard, non-faulty goods upon separate rates, terms and conditions, to be agreed with the Purchaser in advance of any such return. Non-standard goods are goods which are not ordinarily held in stock at one of FENCO GROUP LTD's locations.
6.3 If the consumer is not satisfied with a FENCO GROUP LTD product and or service, and is based outside of Europe. Please use the form on the contact us page of the website. Further action will be taken by the customer services team.
7. PRICES
Unless agreed separately and in writing by FENCO GROUP LTD, the price of the goods shall be the price ruling at date of dispatch together with any VAT or government taxes.
8. PAYMENT
a) FENCO GROUP LTD cannot accept an order until payment is received in full for all products and any related delivery charges, unless otherwise agreed in writing by FENCO GROUP LTD. We reserve the right to reject any order for any reason. In all cases where payment is not made by due date, FENCO GROUP LTD reserves the right to charge Interest, at the rate of at least 1% a month or part of a month, on all sums overdue for payment, the amount of interest being payable in full on demand. FENCO GROUP LTD also reserves the right in such cases, exercisable with, or In lieu of, the fore-going right, to suspend all deliveries of all goods to the purchaser under this and/or any other contract, and/or to cancel all or any other contract with the Purchaser.
b) Notwithstanding any statement to the contrary in any Invoice or confirmation of sale note or other document from FENCO GROUP LTD; FENCO GROUP LTD reserves the right to demand payment of the price at any time.
c) On any account not paid within our terms of trading we reserve the right to add to the account any costs incurred by us in instructing an agent or solicitor to act on our behalf in the recovery of the account.
d) FENCO GROUP LTD accepts all major debit and credit cards.
9. RETENTION OF TITLE
Until payment in full has been received by FENCO GROUP LTD for all goods whatsoever supplied at any time by us to Purchaser:
a) Property In the goods shall remain In FENCO GROUP LTD and Purchaser shall hold the goods as bailee on FENCO GROUP LTD'S behalf:
b) Purchaser shall subject to (c) and (d) below store the goods separately from other goods in the possession of Purchaser:
c) Purchaser shall be at liberty to sell the goods In the ordinary course of business on the basis that all proceeds of sale of such goods are FENCO GROUP LTD property for which Purchaser shall account on demand:
d) Notwithstanding that property in the goods has not yet passed, purchaser may incorporate the goods in or together with any product manufactured or assembled by purchaser in the ordinary course of its business. If purchaser sells any such product before property in the incorporated goods has passed. It shall do so as FENCO GROUP LTD'S agent but purchaser's liability to account as agent for the proceeds of such sale shall be limited to FENCO GROUP LTD'S invoice value of the goods so incorporated. If, before property in the goods passes any of the goods are incorporated in or together with any products manufactured or assembled by purchaser, purchaser shall maintain records sufficient to enable such products to be identified, and for the goods so incorporated to be identified, measured or otherwise quantified.
e) The powers of purchaser referred to in (c) and (d) above shall be determined:-
I. By written notice to purchaser if any payment for any goods whatsoever, remains unpaid 14 days after becoming due to FENCO GROUP LTD.
II. Automatically if a receiver is appointed over any assets or undertaking of purchaser or a winding-up order is made against purchaser or purchaser goes into voluntary liquidation or calls a meeting or makes any composition or arrangement with its creditors or commits any act of bankruptcy:
f) Upon determination of the powers of purchaser referred to In (c) and (d) above purchaser shall place the goods at FENCO GROUP LTD'S disposal and FENCO GROUP LTD shall be entitled to enter upon the premises of purchaser and remove any goods Including any goods which may have been Incorporated Into other products or affixed to the realty.
10. REPRESENTATION & WARRANTIES
a) Goods are not sold or tested as conforming to any British Standard Specification or as fit for any particular purposes unless FENCO GROUP LTD expressly so states In writing. Any term or condition or warranty that the goods are so fit is excluded.
b) All goods are supplied as per individual manufacturer’s warranty and all claims shall be subject to acceptance by the manufacturer whose decision will be final.
c) All warranty work is carried out strictly subject to individual manufacturer’s warranty terms and conditions. The purchaser will be liable for all costs incurred which are not accepted by the individual manufacturer.
d) Whilst FENCO GROUP LTD will use their best endeavors to give instructions, recommendations and advice to the purchaser, In all respects it shall be the responsibility of the purchaser to satisfy himself that the goods are suitable for the intended use, process, production or storage methods used in his utilisation of the goods.
e) The purchaser shall not claim to rely upon any representation unless made or confirmed in writing by a Director of FENCO GROUP LTD.
11. CONSEQUENTIAL LOSS
FENCO GROUP LTD shall not be liable, whether by way of indemnity or by reason of breach of contract, tort or breach of statutory duty or In any other manner for consequential or indirect loss of whatever nature suffered by the purchaser or for special damages, loss of use, (whether complete or partial) of the goods, or loss of profit or of any contract. FENCO GROUP LTD provides the user with all necessary safety infomation for each individual product, whether it be on the website, in the user manual, or on product data sheets, therefore FENCO GROUP LTD are not liable for any damage caused to any person, animal or object caused by our equipment, machinery or products. The responsibility for correct use of our equipment is paramount.
12. ELECTRICAL TESTING
The responsibility for electrical testing of goods shall pass to the purchaser at the time of delivery of the goods.
13. GENERAL / LEGAL
We reserve the right to make changes to these terms and conditions in the future. Any changes will be posted to the site and will take effect immediately. You should, therefore, read the terms and conditions each time you access this website. The material and information contained in this website is not aimed at, or meant to be viewed by, persons other than those in the United Kingdom. Any person who chooses to access this website from other locations is responsible for compliance with applicable local laws. The website, its contents and any contracts formed as a result of its use shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts. The construction validity and performance of the contract shall be governed by English Law.
14.INDEMNITY
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Web Site and/or a breach of these terms and conditions.
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