Spirafix Terms & Conditions
We provide all goods and services, including those detailed herein, subject to our standard terms and conditions, which are attached and/or available upon request or on the Spirafix website
(1.) The following terms as used herein shall have the meanings detailed below:
(1a.)Us, We or Our means or relates to: Spirafix Limited of Building D, Unit D2, Chapel Farm Industrial Estate, Cwmcarn, NP11 7BH UK, company registration number 02760390, VAT No. 595 3755 90;
(1b) You or Your means or relates to: the person, firm or company to whom these Terms and Conditions are provided relating to the purchase of goods or services from Us;
(1c.) Contract means: the contract between You and Us which incorporates these Terms and Conditions;
(1d.) Terms and Conditions means: the terms and conditions set out in this document and any additional terms and conditions (if any) to which We may have agreed in writing;
(1e.) Force Majeure Event means: any event or circumstance beyond Our reasonable control, including (but not limited to) acts of God, accidents, flood, fire, natural disasters, industrial disputes, strikes, lock outs, civil commotion or unrest, riots, pandemic or endemic, including laws, rules and regulations introduced relating to them, changes of laws or regulations, war, acts of terrorism or measures taken to prevent such acts, breakdown of plant or machinery or shortage or unavailability of necessary materials.
(1f.) Order means: a request received by Us from You to purchase any goods or services from Us;
(1g.) Price means: the amount quoted by Us to You, including delivery costs and any applicable Value Added Tax or other taxes or duties;
(1h.) Quotation means: the provision in writing by Us to You of details such as prices, cost of delivery, delivery time etc;
(1j.) Order Confirmation means: the acceptance of an Order by Us, which will be issued in writing and delivered to You either by post or email.
(2.) Any Quotation provided by Us shall only be open for acceptance for a maximum period of 30 days from its date unless stipulated otherwise within it or, at Our discretion, we agree otherwise.
(3.) All goods and services provided to You shall be subject to these Terms and Conditions, whether or not You issue an Order to Us. Any Orders You do issue shall be deemed to be an offer by You to purchase goods or services from Us subject to these Terms and Conditions and any terms in an Order to the contrary shall be deemed rejected by Us unless We state to the contrary in writing.
(4.) We shall always be entitled to reject any Order you may provide to Us and will do so if Your credit worthiness is unacceptable to Us.
(5.) If you issue an Order We will provide an Order Confirmation to confirm the application of these Terms and Conditions to the Contract, the detail of the goods or services to be provided and applicable prices and delivery times.
(6.) If after We have sent You an Order Confirmation you cancel an Order which is for goods that are to Your particular specifications then the full amount which would otherwise have been due from You shall still be due less only any costs which We are able to avoid, such as for delivery.
(7.) In the event of any discrepancy between these Terms and Conditions and the terms and conditions of any Order you may issue then these Terms and Conditions shall prevail in all respects as if the relevant terms and conditions within Your Order did not form part of it.
(8.) Unless otherwise agreed in writing the sum due to Us from You will be as detailed within our Quotation or, if a Quotation was not provided to You, it will be calculated using the rates and prices stated on Our website as applicable on the earliest of either the date on which we receive your Order or the date We despatch Your goods or provide Our services. Prices on Our website are in UK sterling, inclusive of VAT and are ex. Our works. Delivery charges stated are exclusive of VAT.
(9.) We reserve the right to adjust the prices and/or specifications of any goods that We advertise or to withdraw Goods from sale at any time.
(10.) We will endeavour, without obligation, to despatch within two working days goods which are in stock. Where goods are not in stock We will notify You and, save as may otherwise have been detailed within our Quotation, will give You the option to either wait until the goods come into stock or cancel Your Order and receive a full refund within 7 days (excluding Bank Holidays) if You have already paid for the goods.
(11.) Payment for goods and services We provide to You shall be made as follows:
(11a) If We supply goods for installation by You:
(i.) If You have an account with Us then, unless otherwise agreed in writing, We will submit an invoice to You, which shall be due within 30 days from its date. Interest on overdue accounts shall be payable at the rate of 4% above the base rate of HSBC Bank Plc base from the due date until receipt in full.
(ii.) If you do not have an account with Us then payment may be made by credit or charge card through the PayPal system, bank transfer, or cheque. All cheques must be in sterling and drawn on a United Kingdom bank. Goods will not be despatched until We have received cleared funds.
(11b). If you require Us to supply and/or install the goods for You:
(i.) 30% of the total combined supply and installation price, as detailed on the respective quotations, shall be payable immediately.
(ii.) 40% of the total combined supply and installation price, as detailed on the respective quotations, shall be payable immediately upon delivery of the goods to You;
(iii.)The 30% of the of the combined total supply and installation price, as detailed on the respective quotations, shall be payable immediately upon completion of the installation or, where the installation is undertaken in agreed sections, then payment shall be due immediately upon completion of each section in proportion to the number of anchors in each section relative to the total.
(iv.)In each case payment shall be made as paragraphs (11a.i) and (11a.ii) above depending upon whether or not You have an account with Us.
(12.) You 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.
(13.) At Our discretion We may limit, change, modify or cancel any account You have with Us, or the amount of credit provided to You. We reserve the right to cancel any Orders You may issue or delay shipment of goods or provision of services if Your account is overdue or disputed, or You fail to meet payment terms or the credit or financial requirements applicable to You. Any such action by Us shall not constitute termination or breach of the Contract and We shall not be held responsible by You for any loss, damage, or consequential loss You may suffered or incur.
(14.) We will endeavour to promptly address in accordance with these Terms and Conditions any complaints or issues You may refer to us regarding goods We have supplied or services We have provided. While Your complaints or issues are under review You will not be entitled to withhold any payment due to Us.
(15.) Legal ownership & title of Goods We supply shall remain vested in Us until payment in full has been received from You.
(16.) The Buyer as bailee until then holds the Goods safe in good order and stores separately from its other Goods. The Seller during this period has the right to remove them from the Buyer & dispose of them at the Sellers discretion. Should the Buyer have passed the Goods in part or whole to a third party, this will be deemed to have been done as the Seller's agent only and any monies recovered by the Buyer in respect of such Goods shall be held in trust for the Seller until all monies due to the Seller are paid. Upon the commission of an act of bankruptcy the immediate right to possession of Goods shall forthwith revest in the Seller and all costs occasioned in the said recovery of Goods shall be paid by the Buyer.
Cancellation and returns
(17.) If goods provided by Us to You are damaged or unsatisfactory You can return them within 14 days from receipt provided, they are unused and in their original packaging. Any money paid to us will be repaid to You within 7 working days or, as may be applicable, will be credited back to your account. If you wish to return goods which are neither damaged nor unsatisfactory then you should contact us and, at our discretion, we will consider if they may be returned. In such circumstances a minimum restocking charge of 20% will be made.
(18.) The Supplier warrants:
(18a.) The Goods and/or Services will for a single install be a period of 30 years
(18b.) The Multi use of Goods (removal and reinstall) to be a fixed number of 25 installations from the date of delivery.
(19.) The Warranties above are given subject to the following conditions:
(19a.) We are not liable for the consequences of any abnormal or unsuitable conditions of storage or misuse or any neglect or default by You or any third party;
(19b.) Multi use by You will be subject to specific checks that will need to be undertaken by You on a regular basis when using the goods;
(19c.) Where You install any goods We provide then You shall be responsible for any resulting damage or injury, including as may be caused by buried services or any other impediment.
(19d.) Where We install any goods then:
(i). You shall provide accurate plans and data detailing the location of buried services or other impediments.
(ii). Upon request, We shall detail the working capacity of the goods We can provide. Irrespective of this, You shall be responsible for selecting goods which meet your requirements and ensuring the suitability of ground conditions and the adequacy of its load bearing capacity of in all the areas where You require Us to install goods.
(iii). We will rely upon the information or documentation You provide to Us and You shall indemnify us from and against all loss, expense or damage We may incur in the event it is not correct in any respect.
(iv). You shall ensure the safety and welfare of our staff and operatives and indemnify us from and against any loss, expense, or damage we may incur in the event you fail to comply with your obligations in this respect.
Limitation of liability
(20.) Save in relation to death or personal injury resulting from negligence, or otherwise as specifically provided in these Terms and Conditions or required by Statute, We shall not be liable to You in contract, tort (including negligence or breach of statutory duty) or otherwise for any losses or damages, whether direct or indirect, arising out of, or in connection with, the supply, non-supply or delay in supplying goods or services or otherwise in connection with the Contract, loss or damage incurred by the Customer as a result of third party claims, loss of actual or anticipated profits, loss of business opportunity, loss of anticipated savings, loss of goodwill, injury to reputation, or any indirect, special or consequential loss or damage howsoever caused even if You had advised Us in advance of the possibility of them.
(21.) Except as may be implied by law, if We breach any of these Terms and Conditions then to the full extent permitted by law, Your remedy shall be limited to whichever of the following We, at our discretion, decide shall apply:
(21a.) Replacement of the goods or, if applicable, re-performance of the services; or
(21b.) Payment of damages, which shall be to a maximum value not exceeding the Price of the goods provided or services performed by Us and You irrevocably waive any and all rights You may otherwise have to claim any greater amount.
Waiver and Severance
(22.) If in any instance we do not enforce Our rights arising under or in connection with the Contract, whether as a result of a waiver (whether express or implied) or otherwise, then that shall not prejudice Our rights to do so in the future.
(23.) If any provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
(24.) All information gathered in the general process of purchasing by the Buyer from the Seller shall be treated in the strictest confidence and not passed onto any third party for any purposes. This information will not be used for any marketing activities undertaken by the Seller at any time.
(25.) We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from, or was contributed towards, by Force Majeure. Upon the occurrence of any such event or circumstance then the time for the performance of Our obligations shall be extended by such time as We reasonably require.
Intellectual property rights
(26.) You will not do, or permit to be done, anything that may detrimentally affect Our copyright, design rights, trademarks, or any other intellectual property rights in the goods we provide to You.
(27.) You may not assign the Contract or otherwise transfer it or any of your rights and obligations arising under or in connection with it without our prior written agreement.
Third party rights
(28.) The Contract is not intended to create any rights of any kind whatsoever enforceable by any person who is not a party to the Contract, including any rights enforceable under the Contracts (Rights of Third Parties) Act 1999 or any subsequent revision thereto.
(29.) We reserve the right to cancel, withhold or suspend delivery of any goods and services and/or terminate Contract if any of the following shall arise:
(29a.) You become bankrupt, insolvent, or cease trading or proceedings to instigate any such outcomes are commenced.
(29b.) Any payment due from You is overdue by 30 days or more.
(29c.) You are in breach of any provision of these terms and conditions and fail to rectify that breach within 7 days of receipt of written notice from Us requiring You to do so.
(29.d) We consider that any of the events mentioned above is about to occur.
(30.) Upon termination all payments to which we are or would otherwise have become entitled from You shall become immediately due.
(31.) It is Our policy to investigate complaints You might make fully and promptly and to th)is end We operate a complaints procedure, a copy of which is available upon request. We will use all reasonable endeavours to resolve complaints by negotiation or other non adversarial means such as mediation, this being subject to either Party's rights to commence legal proceedings at any time.
Governing law And jurisdiction
(32.) The Contract Terms shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts