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Terms and Conditions

GENERAL

  • (a) These terms shall prevail over any other terms and conditions including any customer's terms or conditions and shall be deemed incorporated in any dealings by Fabstore and its customers.
  • (b)Any quotation or estimate given by Fabstore is an invitation to the customer to make an offer only and no order of the customer placed with Fabstore in pursuance of a quotation or estimate or otherwise will be binding on Fabstore unless and until it is accepted by Fabstore.

PAYMENT

  • (a) Terms are strictly payment with order unless otherwise agreed by Fabstore in writing.
  • (b) In the event of non-payment within sixty days of delivery Fabstore may charge interest on all monies outstanding for the whole of the period from the date of delivery to actual payment at a rate of five percent above the minimum base rate of Lloyds TSB Bank plc.

PRICES

  • All prices unless otherwise stated are quoted:
  • (a) Exclusive of VAT which will be charged at the rate applicable at the appropriate tax point.
  • (b) Exclusive of delivery, carriage and insurance charges.
  • (c) Goods will be invoiced at the price ruling at the date of despatch and the right is reserved to amend such prices without notice if necessary.

CARRIAGE

  • (a) Carriage shall be by Fabstore's external carriers and will be paid by Fabstore on consignments of five hundred pounds (£250.00) net value and over to destinations with the UK mainland.
  • (b) On all orders of a net value of under five hundred pounds (£250.00) there will be a flat rate charge towards the cost of packaging and carriage. Details available on request.
  • (c) Customers may collect their goods by prior arrangement in which event a carriage charge will not apply.

DELIVERY

  • (a) Fabstore may deliver or complete any order in stages or installments and each delivery shall be treated as a separate contract.
  • (b) No guarantee of any kind is given as to the times and dates of any delivery.
  • (c) No claim in respect of any failure or lateness in delivery will be entertained or payable by Fabstore.
  • (d) If Fabstore is delayed or prevented from delivering the goods due to any circumstances whatever (whether or not involving Fabstore's negligence) which are beyond Fabstore's reasonable control and which prevent or restrict Fabstore from complying with the contract Fabstore may cancel or suspend delivery of the goods comprised in the customer's order without notice and without liability.

RISK AND TITLE

  • (a) The risk in respect of all goods shall pass to the customer at the time of delivery.
  • (b) Title to and property in goods supplied by Fabstore shall remain vested in Fabstore (not withstanding the delivery of the goods and the passing of risk in them to the customer) until such time as all monies due to Fabstore from the customer have been paid in full.
  • (c) Until the title to and property in the goods pass to the customer the following provisions shall apply:-
    • (i) Fabstore reserves the immediate right at any time of repossession of any goods to which it has retained title and thereafter to resell the same and for this purpose the customer hereby grants an irrevocable right and license to Fabstore's employees and agents to enter at any time upon all or any of its premises with or without vehicles during normal business hours. This right shall continue subsist notwithstanding the termination of the contract for any reason and is without prejudice to any accrued rights of Fabstore hereunder or otherwise.
    • (ii) Whilst the goods remain the property of Fabstore, the customer shall insure the goods against all usual risks for an amount equal to or greater than the purchase price and hold the proceeds of such insurance on trust for Fabstore.

DAMAGED GOODS

  • The customer shall examine the goods as soon as reasonably practicable after delivery. The customer shall immediately notify Fabstore of any damage, loss or shortage of the goods. Unless the customer so notified Fabstore within 3 working days after the date when the customer became or ought reasonably to have become aware of such damage, loss or shortage the customer will be deemed to have accepted the goods in satisfaction of the corresponding order. Within 14 days of Fabstore's request, the customer will return any damaged goods to Fabstore. Fabstore's liability (if any) will be limited to replacing or (at its option) repairing or giving credit for such goods. The customer will be entitled to make any claim against Fabstore for indirect or consequential loss (including loss of profits and other economic loss) arising out of any loss, damage or shortage.

WARRANTIES

  • Fabstore warrants that the goods shall be of satisfactory quality and conform to any specification agreed by Fabstore in writing and that they will be within the normal limits of industrial quality products. The liability of Fabstore for breach of such warranty or under any claim in respect of any defect in the goods shall be limited to replacement of the defective goods or at Fabstore's option to reimbursement of the price paid by the customer for those goods. The customer shall not be entitled to make any claim in respect of any such defect unless the claim is notified to Fabstore in writing within three months form delivery of the goods.

LIABILITY/THIRD PARTY CLAIMS

  • (a) Fabstore shall not be liable, in contract, tort or otherwise, for any representations, advice or assistance given (under this contract or otherwise, and whether before or after the date of the contract) by or on behalf of Fabstore in connection with the goods or the contract.
  • (b)The customer shall indemnify Fabstore against any liability incurred by Fabstore in relation to any third party claims arising from the use made of or dealing by the customer in the goods (irrespective of whether they involve the negligence of Fabstore, its agents or employees), unless solely arising from Fabstore's willful default or defects in material or workmanship of the goods.
  • (c) Save as expressly provided therein and without prejudice to any other limitation of Fabstore's liability (whether effective or not) the full extent of Fabstore's liability shall be as provided in this clause 9(c):
    • (i) Fabstore accepts that it will be liable for death and/or personal injury caused by its negligence without limit.
    • (ii) Fabstore's total aggregate liability in connection with the goods or the contract (in contract, tort or otherwise and whether or not related to any negligence or other act default or omission of the Fabstore or its employees or agents) is limited to the invoice price for the goods ex VAT.
    • (iii) in no circumstances whatever shall Fabstore be liable (in contract, tort or otherwise and irrespective of any negligence or other act, default or omission of Fabstore or its employees or agents) for any indirect or consequential losses (including loss of goodwill, business or anticipated savings), loss of profits or use, or any third party claims, in connection with the goods or the contract; and
    • (iv) save as expressly provided herein Fabstore will have no further or other liability in respect of any direct or consequential loss or damage (including loss of profits and other economic loss) sustained by the customer arising from or in connection with any defect failure or error in the goods and all other warranties obligations, representations, liabilities, terms and conditions (whether express or implied) in connection with the goods (including, without limitations, any relating to satisfactory quality, fitness for purpose, conformity with description or sample, care and skill or compliance with representations, but excluding implied statutory warranties relating to title) are hereby expressly excluded.

INSOLVENCY BREACH OF CONTRACT AND CANCELLATION

  • If the customer fails to make any payment to Fabstore for the goods on the due date or otherwise commits any breach of the contract and shall fail to remedy such breach (if capable of such remedy) within a period of thirty days from receipt of notice in writing from Fabstore requesting such breach to be remedied or enters into any arrangement with creditors or goes into liquidation or passes any resolution for winding-up or becomes subject to a receiving order or becomes bankrupt:
  • (a) Fabstore may without notice cancel the order and any other orders which may be outstanding between the customer and Fabstore.
  • (b) In the event of such cancellation Fabstore shall be entitled to reclaim the goods in accordance with the provisions of condition 6(c) above.
  • (c) The customer shall remain liable to pay Fabstore the full purchase price of the goods less the disposal value received by Fabstore for the whole or part of the goods in its possession or reclaimed by Fabstore under condition 6 above.

WAIVER

  • No waiver or forbearance by Fabstore (whether expressed or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

ASSIGNMENT

  • The customer shall not be entitled without the prior written consent of Fabstore to assign its rights under a relevant contract including these conditions.

UNINCORPORATED DEBTORS

  • We advise any unincorporated debtor that we will transfer their details to our financiers for the purpose of providing these services and for the following purposes:_ obtaining credit insurance, making credit reference agency searches, credit control assessment and analysis (including credit scoring, market and product and statistical analysis), securitization and protecting our interests. Details of our financiers and any credit reference agencies used by them will be made available upon request. You are advised to seek legal advice in respect of the above as we can take no responsibility for advising on you compliance.

FORCE MAJEURE

  • Neither party shall be liable for defaults due to any act of God, war, strike, lock out, industrial action, fire, flood, drought, tempest, or other event beyond the reasonable control of either party.

SEVERANCE

  • Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not effect any other provisions of this contract.

APPLICABLE LAW

  • These conditions and each and every contract made pursuant there to shall be governed by and construed in all respects in accordance with the Laws of England and Fabstore and the customer irrevocably submit to the exclusive jurisdiction of the English Courts. Fabstore Limited Terms and Conditions