Conditions of Sale
1.0 BASIS OF SALE
1.1 Fortuna Power Systems Ltd /TA Fortuna Data (“Seller”) will sell and the person, firm or company (“Buyer”) will purchase the goods (“Goods”) in accordance with any written quotation of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject to these terms and conditions, and all other terms and conditions to which the Buyer accepts or purports to accept the Seller’s quotation or places an order for the Goods are specifically excluded.
1.2 All Goods are subject to availability.
1.3 Any error or omission in any quotation, catalogue sales literature, invoice or other document issued by the Seller shall be subject to correction by the Seller without liability of the Seller.
2.1 The Buyer shall be responsible to the Seller for the accuracy of all orders.
2.2 All Buyers’ orders are subject to the Seller’s acceptance.
2.3 The Seller reserves the right to make changes in the specification of Goods ordered which do not materially affect quality of performance.
3.1 The price of the Goods shall be that shown in the Seller’s quotation, in the Buyer’s offer if accepted by the Seller, or if no price is stated the price listed in the Seller’s price list current at the time of acceptance, except that the Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price due to the circumstances beyond its control including but not limited to currency fluctuations.
3.2 The Seller may amend the price of Goods shown in any price list or on any quotation by giving notice of such amendment to the Buyer before the time any order is accepted by the Seller, or any quotation is accepted by the Buyer.
3.3 Unless otherwise stated the price excludes delivery by the Seller or its carrier to the Buyer’s premises together with packaging costs.
3.4 The price is exclusive of Value Added Tax and all other similar sales taxes.
4.1 Payment terms will be 30 days from date of invoice.
4.2 The Seller may invoice at, or any time after, delivery of the Goods or if the Buyer wrongfully refuses to take delivery of the Goods, at any time after the date on which delivery should have taken place, in which case the Seller may charge the Buyer with all storage and other out of pocket expenses incurred by the Seller and cancel or suspend all further deliveries of Goods.
5.1 Delivery of Goods shall be to the Buyers address in the UK as notified in writing to the Seller or its place of business in the UK.
5.2 Delivery dates are approximate only and shall not be of the essence of the Contract unless agreed between the parties in writing.
5.3 The Seller may deliver in advance of quoted delivery dates and each instalment or order shall constitute a separate Contract.
5.4 If the Seller fails to deliver Goods for any reason other than cause beyond the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar replacement goods to replace those not delivered.
5.5 Goods shall not be returned by the Buyer without the prior agreement of the Seller.
5.6 Items purchased outside the range of products shown in the catalogue are subject to suppliers return procedure. In most cases these items are non-returnable.
5.7 All discrepancies must be notified in writing within 3 days of the goods being received by the Buyer, failure to do so may result in the goods being non-returnable or a handling charge added. Goods that are shrink wrapped and opened are non-returnable unless agreed by the manufacturer.
6.0 RISK AND PROPERTY
6.1 Risk shall pass to the Buyer:
6.1.1 Where Goods are to be stored by the Seller upon such Goods being stored.
6.1.2 In all other cases upon delivery or attempted delivery (where the Buyer refuses delivery).
6.2 Property of the Goods shall not pass to the Buyer until cash or cleared funds for the full price has been received by the Seller.
6.3 Until property has passed to the Buyer it will hold the Goods as bailee for the seller and the Seller may collect or require the Buyer to deliver the Goods.
6.4 The Buyer shall not pledge or charge the Goods or any part until property has passed to the Buyer.
7.0 WARRANTIES AND LIABILITIES
7.1 Subject as mentioned below, the Seller warrants that the Goods will be free from defects in materials or workmanship at delivery.
7.2 The above warranty is subject to the Seller being under no liability for a defect in the Goods resulting from the Buyer’s designs or requirements or arising from wear and tear, willful damage, negligence, failure to follow instructions, misuse, or if the price has not been paid to the Seller in full.
7.3 All other warranties and conditions expressed or implied are expressly excluded to the fullest extent permitted by law.
7.4 All claims in respect of Goods must be notified in writing to the Seller within 3 days of delivery.
7.5 The Seller’s sole liability for defective or damaged Goods shall be to repair or at its option to replace the Goods or relevant part.
7.6 Except for death or personal injury caused by the Seller, the Seller shall not be liable by any reason of any representation, implied warranty, condition or other term or any duty at common law, for any consequential loss or damage, costs or expenses of whatever nature which arise from the supply of the Goods or their use or re-sale except as expressly provided in these Conditions.
7.7 The Seller shall not be liable to the Buyer for breach of contract by reason of delay or failure to perform any of the Seller’s obligations if it was due to any cause beyond the Seller’s reasonable control.
8.0 ORDER CANCELLATION
8.1 Should a buyer decide to cancel his order once an order has been placed. The order should be cancelled via email to firstname.lastname@example.org.
8.2 Fortuna Data will levy a charge against the total invoice value up to 30%, depending on the amount of time since the order has been placed.
8.3 If the goods have left the factory and are en route then the cancellation charge could be 100% of the total invoice value. This depends on the manufacturer/suppliers acceptance to return the ordered goods.
8.4. Both parties have to agree in writing the acceptance of the "Order Cancellation".
9.0 INSOLVENCY OF BUYER
9.1 If the Buyer becomes insolvent, has an administration order made against it, makes a voluntary arrangement with its creditors, ceases to carry on business, has a receiver appointed or goes into liquidation, then without prejudice to the Seller’s other rights and remedies, the Seller may cancel any contract with the Buyer without liability to either party, or suspend deliveries, but any price not paid shall become immediately due not withstanding any other terms agreed.
10.1 Headings are for reference only and shall not affect interpretation.
10.2 Notices shall be served by first class post on the registered offices of the parties or principal place of business.
10.3 No waiver of a breach of contract by the Seller shall operate as a waiver of any other or subsequent breach.
10.4 If any provision of these conditions is held invalid or unenforceable in whole or part the validity or enforceability of the other provisions shall not be affected.
10.5 These conditions of the sale and purchases of the Goods shall be governed by the laws of England.
Every effort has been made to ensure that all details, descriptions etc, on the web site are accurate at the time of publication. Specifications, however, do change and we therefore offer the information as a guide only. E & OE.