Orders are accepted only subject to the following Conditions, which should be carefully noted so that misunderstandings can be avoided.
S2 Fire Solutions Limited reserves the right to amend these conditions of sale without notice.
Unless previously withdrawn, quotations expire after 30 days from the date thereof. The customer’s order whether on the quotation or otherwise shall be an offer and shall not be binding on us unless it has been accepted in writing. S2 Fire Solutions Limited reserve the right to withdraw or cancel any quotation at any time without notice.
All products and services supplied by S2 Fire Solutions Limited are sold upon the following terms and conditions which shall take precedence over any terms and conditions of the customer. Any equipment or services required in addition to those quoted will be supplied at S2 Fire Solutions Limited standard rate unless otherwise agreed in writing.
No variation of these terms and conditions shall be valid unless expressly agreed in writing by S2 Fire Solutions Limited. Acceptance of delivery of equipment or provision of services is acceptance of S2 Fire Solutions conditions of sale. S2 Fire Solutions Limited do not offer a call off facility, equipment will be dispatched as soon as available. Carriage will be charged on all orders for equipment less than £200.00 net.
Provision of an order for commissioning is acceptance of S2 Fire Solutions Limited conditions of sale and S2 Fire Solutions Limited commissioning terms and conditions.
The price payable for the products will be S2 Fire Solutions Limited price for the products ruling at the time of dispatch. All prices are subject to alteration without notice to the customer unless otherwise specifically agreed by S2 Fire Solutions Limited in writing.
Terms of settlement are strictly net cash, payable 30 days from the last day of the invoiced month. S2 Fire Solutions Limited reserves the right to charge interest at the Bank of England lending rate plus 5% per month on the total net value overdue.
The customer shall not be entitled to make any deduction from the price in respect of any set-off or counter claim unless agreed in writing by S2 Fire Solutions Limited. The customer shall not be entitled to issue a debit note unless prior written agreement is given by S2 Fire Solutions Limited and a corresponding credit note raised prior to the debit note. Any debit notes raised without authorisation and a credit note will not be recognised as valid by S2 Fire Solutions Limited.
S2 Fire Solutions does not accept retention of monies subject to snagging and/or defects period. In the event of S2 Fire Solutions Limited quotation containing a quotation for supply of goods together with the testing and commissioning of the same after installation.
S2 Fire Solutions Limited shall be paid in respect of the supply of goods contained in the quotation 30 days EOM after the invoice date, notwithstanding that at such time any such testing and commissioning has not been carried out for whatever reason.
Should payment not be made as per these terms S2 Fire Solutions Limited reserves the right to close the account. To this effect any payments agreed upon account closure shall be in final settlement and no further invoices or credits shall be issued.
Any time or date named by S2 Fire Solutions Limited for delivery or installation of the goods is an estimate only and S2 Fire Solutions Limited shall not be liable for the consequence of any delay.
6. Title and Risk
The risk in all products supplied by S2 Fire Solutions Limited shall pass upon delivery to the customer. Such products shall remain the sole and absolute property of S2 Fire Solutions Limited until such time as the customer shall have paid to S2 Fire Solutions Limited.
The agreed price together with the full contract price due to any products, which are the subject of any other contract with S2 Fire Solutions Limited. The customer acknowledges that it is in possession of products solely as bailee for S2 Fire Solutions Limited until such times at the full contract price thereof is paid to S2 Fire Solutions Limited, together with the full price of any other products which are the subject of any other contract with S2 Fire Solutions Limited.
The customer shall nevertheless be entitled to sell and deliver products to a third party in the normal course of its business. Until such time as the customer becomes the owner of the products it will store them on its premises separately from its own goods or those of any other person and in a manner, which makes them readily identifiable as products of S2 Fire Solutions Limited.
The customers right of possession of the products shall cease of, not being a Company, the customer commits an act of bankruptcy or, if being a Company, the customer does anything or fails to anything which would entitle a receiver to take possession of any assets or would enable any person to present a petition for winding-up or has an administration order made against it.
S2 Fire Solutions Limited may for the purpose of recovery of its products enter upon any premises where they are stored or installed and may repossess the same. The customer is not entitled to return the products and refuse or delay payment on the grounds that the property has not yet been passed.
S2 Fire Solutions Limited reserves the right, once commissioning has been completed, to carry out further works for the end user or any other person as required.
7. Force Majeure
S2 Fire Solutions Limited shall not be under liability of whatsoever kind for non-performance in whole or in part of its obligations under the contract due to acts of God, act of the customer or a third party, war, insurrection government regulation, embargoes, strikes, labour disputes, illness, flood Fire, tempest, delay in delivery to S2 Fire Solutions Limited or shortage of any goods or materials or any cause beyond the control of S2 Fire Solutions Limited.
In any such event, S2 Fire Solutions Limited may, without liability cancel or vary the terms of the contract, including, but not limited to, extending the time for performing the contract for a period at least equal to the time lost by reason of such event.
S2 Fire Solutions Limited shall be entitled as its option, to either replace, repair or issue credit to the customer for any goods found to be defective by reason of faulty materials or poor workmanship provided that: –
- S2 Fire Solutions Limited is notified in writing within 7 days of discovery of any such defects by you and in the event not later than 12 months from the date of delivery.
- An RMA number is obtained from S2 Fire Solutions prior to the equipment being returned and the defective goods are returned to the office of S2 Fire Solutions Limited by the customer, with all transportation costs being paid by the customer.
- Examination of the goods by S2 Fire Solutions Limited or the equipment manufacturer shall disclose to its satisfaction that such defects exist and have not been caused by misuse, improper installation, neglect, improper repair, alteration or accident.
- The customer shall pay to S2 Fire Solutions Limited the cost (as certified by S2 Fire Solutions Limited) of the examination of such goods as a result of which the company does not admit liability. S2 Fire Solutions Limited does not accept third party costs for examination or repair unless expressly agreed in writing beforehand.
- S2 Fire Solutions is not liable for any costs incurred by the customer as a result of the manufacturer supplying faulty equipment.
- Provided that in the case of a consumer transaction this condition shall not affect the statutory rights of the customer.
The customer is not entitled to withhold any payment whilst awaiting inspection or credits for returned goods unless otherwise agreed in writing.
Should the customer require a refund against a credit note, payment will be made to the customer within 14 days from when the request for refund is made in writing.
9. Unwanted Good Return
Any unwanted equipment which is returned to S2 Fire Solutions Limited will be subject to a 20% restocking charge when retuned in an ‘as sold’ resalable condition. A credit will be raised within 30 days of receipt of goods at S2 Fire Solutions Limited warehouse. A credit will not be raised for equipment which is not resalable.
10. Damage in Transit
S2 Fire Solutions Limited does not accept responsibility for any damage, shortage or loss in transit unless: –
- The damage or shortage is notified in writing to both S2 Fire Solutions Limited and the carrier within three days of receipt of the products and the products have been signed for as ‘Not Examined’ and have been handled by the buyer in accordance with the carriers conditions.
- Non-delivery (in the case of total loss) is notified both to S2 Fire Solutions Limited and to the carrier within three days of the scheduled date of receipt of the products.
The products shall be deemed to have been accepted by the customer if S2 Fire Solutions Limited have not received in writing written correspondence disputing this within 24 hours of receipt.
All services shall be deemed to have been accepted as satisfactory by the customer if S2 Fire Solutions Limited have not received in writing written correspondence disputing this within 3 days of completion of works.
Any notice to be given by either S2 Fire Solutions Limited or the customer (including without limitation to the quotation; the order and the confirmation of order) shall be sufficiently given if sent by post addressed to the place of the business shown on the face hereof and shall be deemed to have been received two days after it was posted.