In these Terms and Conditions the following words shall have attributed to them the meanings specified.
1.1 ‘F.A.W. London Ltd’ shall mean F.A.W. London Ltd whose principal place of business and registered office is at West Heath Yard, 174 Mill Lane, NW6 1TB, West Hampstead, London.
1.2 ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase goods whether a Customer Trade Customer or Credit Customer.
1.3 ‘Consumer’ shall have the same meaning as attributed by The Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.
1.4 ‘Trade Customer’ shall mean a Customer who buys goods for the purpose of a business and not as a consumer.
1.5 ‘Credit Customer’ shall mean a Trade Customer to whom F.A.W. London Ltd allows credit in respect of Goods purchased or agreed to be purchased.
1.6 ‘Goods’ shall mean all goods and services that the Customer agrees to by from F.A.W. London Ltd including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.
1.7 ‘Contract’ shall mean the Contract between F.A.W. London Ltd and the Customer for the sale of Goods by F.A.W. London Ltd to the Customer.
1.8 ‘Catalogue’ shall mean any published promotional material produced by F.A.W. London Ltd.
1.9 ‘Working Days’ shall mean Monday to Friday inclusive by exclusive of Bank Holidays.
1.10 ‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with F.A.W. London Ltd or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.
2.1 All orders for Goods are accepted by F.A.W. London Ltd subject to these terms and conditions of sale, which supersede any other terms, and conditions previously published. These constitute the entire understanding between F.A.W. London Ltd and the Customer for the sale of Goods. F.A.W. London Ltd accepts responsibility under these terms and conditions for its commitments to the consumer; F.A.W. London Ltd also accepts responsibility by its duly authorized agents.
2.2 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication. Any substitute products that are supplied, and found not to be suitable will be collected at F.A.W. London Ltd expense. Contact Customer Service to arrange for the goods to be returned.
2.21 Goods will be supplied based on any information provided by the customer. 2.3 Any Catalogue published by F.A.W. London Ltd is an invitation to treat and not an offer to supply.
2.4 Subject to condition 2.5 any advice or recommendation given by F.A.W. London Ltd or its employees or agents to the Customer dealing as a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk (except in the case of manifest error, gross negligence or contractual misrepresentation by F.A.W. London Ltd). 2.5 Condition 2.4 shall not apply to any Customer purchasing Goods as a Consumer.
3.1 All prices for the Goods are in pounds Sterling and subject to Value Added Tax (“VAT”) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with F.A.W. London Ltd. Prior to the conclusion of the contract F.A.W. London Ltd will inform the customer the total amount to be debited.
3.2 Whilst every endeavour will be made to maintain the prices in the catalogue F.A.W. London Ltd reserves the right to alter prices at any time. Prior to the conclusion of the contract F.A.W. London Ltd will inform the customer the total amount to be debited.
3.3 Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract F.A.W. London Ltd will inform the customer the total amount to be debited.
4.1 Where possible orders should be made using F.A.W. London Ltd order codes and a Customer reference.
4.2 Written confirmation is not required for a trade customer telephone order, but if the Trade Customer sends written confirmation such confirmation must be marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Trade Customer.
4.3 F.A.W. London Ltd reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are only charged for written and telephone orders when Goods are despatched for delivery or collected from F.A.W. London Ltd. The exceptions to this being when F.A.W. London Ltd has been requested to custom build Goods to special order and Internet orders which will be charged at the point of order confirmation. If any goods are not available within 30 days of the order being placed the customer will be informed and will be offered the option to continue to await delivery or offered a refund.
4.4 If the Customer is buying as a Consumer, unwanted Goods may be returned within 14 working days of delivery for an alternative product, credit note or full refund. To return an order, the Customer must contact F.A.W. London Ltd within 14 days of the date that the order was delivered. This can be done by telephoning the F.A.W. London Ltd 020 7435 0941, or by email to [email protected] or in writing to the registered address of F.A.W. London Ltd. In all cases the invoice number relevant to the goods being returned must be quoted. F.A.W. London Ltd will refund in full to the Customer the invoice value of the Goods. The Goods must be returned by first class post with proof of posting. The Customer must take reasonable care of the unwanted Goods and return them in the original packaging and suitably protected to ensure safe delivery to F.A.W. London Ltd.
4.5 When dealing as a Trade Customer authorisation for the return of goods must be obtained from F.A.W. London Ltd. In the event of the Trade Customer cancelling part of an order F.A.W. London Ltd reserves the right to charge the Trade Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order.
4.6 F.A.W. London Ltd reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, F.A.W. London Ltd may decline to accept any order, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by F.A.W. London Ltd of an order. In the event that F.A.W. London Ltd declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
5.1 Orders will be charged to a Credit Account held by a Trade Customer with F.A.W. London Ltd.
6.1 A standard delivery charge is applicable to all internet orders. Variations in this charge can be confirmed by contacting F.A.W. London Ltd. Prior to the conclusion of the contract with F.A.W. London Ltd who will inform the customer the total amount to be debited.
7.1 Payment shall be made by the Customer for all monies owed to F.A.W. London Ltd in respect of orders placed for Goods. In some circumstances deposit may be required to process the order & full amount to be paid before order will be shipped to the customer. The amount of deposit depend on specific order requirements and it’s being set individually (usually 25% of total order value). 7.2 Payment shall be made by non-account customers at the time that the order is placed.
7.3 Credit terms are available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with F.A.W. London Ltd. Payment is due by the end of the month following the month of despatch without any deductions. Time is of the essence for payment. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to F.A.W. London Ltd, F.A.W. London Ltd shall be entitled to:
8.1 The risk of damage to or loss of Goods ordered from F.A.W. London Ltd will pass to the Customer when the goods are delivered.
8.2 Conditions 8.3, 8.4, 8.5 and 8.6 shall not apply to any Consumer.
8.3 Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for F.A.W. London Ltd. The Customer shall store the Goods (at no cost to F.A.W. London Ltd) separately from all other Goods in its possession and marked in such a way that they are clearly identified as F.A.W. London Ltd property. Notwithstanding that the Goods (or any part of them) remain the property of F.A.W. London Ltd the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of F.A.W. London Ltd. Any such sale or dealing shall be a sale or use of F.A.W. London Ltd property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from F.A.W. London Ltd the entire proceeds of sale or otherwise of the Goods shall be held in trust for F.A.W. London Ltd and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as F.A.W. London Ltd money. F.A.W. London Ltd shall be entitled to recover the price of the Goods (including VAT and all other monies due to F.A.W. London Ltd from the Customer) notwithstanding that property in any of the Goods has not passed from F.A.W. London Ltd.
8.4 Until such time as the property in the Goods passes from F.A.W. London Ltd, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to F.A.W. London Ltd. If the Customer fails to return Goods, F.A.W. London Ltd may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request to deliver up the rights of the Customer contained in the preceding Condition shall cease.
8.5 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of F.A.W. London Ltd. Without prejudice to the other rights of F.A.W. London Ltd, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable.
8.6 The Trade Customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of F.A.W. London Ltd until the date that property in the Goods passes from F.A.W. London Ltd and shall, whenever requested by F.A.W. London Ltd, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of F.A.W. London Ltd, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to F.A.W. London Ltd shall forthwith become due and payable.
9.1 Delivery of goods on all orders to be delivered to mainland UK, may be subject to a charge, which will be indicated at the time of checkout. Delivery charges to Non-mainland UK destinations, unless otherwise indicated, can be agreed by prior arrangements with F.A.W. London Ltd.
9.2 Same day despatch is normally achieved provided the order has been received by F.A.W. London Ltd before 11:00 am during Working Days. This provision does not apply to Goods requiring special modification (e.g. calibration, kits etc.) and orders that are too large to be despatched by F.A.W. London Ltd contracted carrier. Delivery will normally only be made to the Customer’s registered address unless notified to F.A.W. London Ltd in writing beforehand.
10.1 Non hazardous orders under 1kg will be despatched where reasonably practicable by first class post on the same or next working day as the order is received by F.A.W. London Ltd.
11.1 All items over 1kg will be despatched where reasonably practicable the same working day as the order is received by F.A.W. London Ltd by courier or pallet service and normally delivered within three working days.
12.1 Weekdays before 10.30 am and Saturday 12.00 noon F.A.W. London Ltd offers a guaranteed delivery service for vital consignments (subject to availability). All orders for guaranteed deliveries must be received by 11:00 am on a working day and will be subject to extra charges. Details of the charges are available from F.A.W. London Ltd prior to the placing of any order.
13.1 Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to the conclusion of the contract F.A.W. London Ltd will inform the customer the total amount to be debited.
13.2 The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.
14.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery or upon purchase from a store and shall within 14 days of such delivery or receipt give notice to the Customer Service Department of F.A.W. London Ltd of any apparent physical or delivery damage in the Goods.
14.2 Queries regarding shortages of Goods must be made within 14 days of delivery date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made to F.A.W. London Ltd within 14 days of invoice date and the invoice number must be quoted.
14.3 Conditions 14.1 to 14.3 inclusive do not affect the statutory rights of a consumer under the Distance Selling Regulations, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers Regulations 2002.
15.1 In the event of cancellation of part of an order by the Trade Customer F.A.W. London Ltd reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.
16.1 Unwanted goods – For unwanted goods F.A.W. London Ltd offers a 14-day return policy. 14 Day Return Policy – To return a product under this policy the Customer should:
A Returns Number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging. The internal documentation should include proof of purchase, the returned product must be complete, and in ‘as new’ condition with original packaging. Certain product categories by their nature are exempt from the 14-day return policy, these will include paint relating products that have been opened or partially used. F.A.W. London Ltd will not accept the return under the 14-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration
invoked. F.A.W. London Ltd will deem such registration by the Customer as acceptance of the Goods.
F.A.W. London Ltd must receive all returns within 14 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to F.A.W. London Ltd proof of despatch to F.A.W. London Ltd. In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed. Customers whose transactions are covered by the Distance Selling Regulations the 14-day returns policy will commence after the 7-day cooling off period.
16.2 Where unwanted Goods are returned to F.A.W. London Ltd after the expiry of the 14-day return period but within a reasonable period of time F.A.W. London Ltd reserves the right to levy a handling charge. A charge of 17.5% of the invoice value of the Goods returned, with a minimum charge of £10 will be levied on goods that are not defective. The Customer must bear all the costs of returning any unwanted Goods to F.A.W. London Ltd and provide proof of delivery.
16.3 Faulty goods under Warranty – Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by F.A.W. London Ltd either by repair or, at the sole discretion of F.A.W. London Ltd, by replacement or refund. Any claim for Goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective Goods or parts must be made in writing (specifying the date of purchase and invoice number) within a reasonable period of time after delivery. 16.4 All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of F.A.W. London Ltd.
16.5 F.A.W. London Ltd Reserve the right to inspect goods returned prior to issuing credit for those Goods.
16.6 Warranty seals applied to any Goods supplied by F.A.W. London Ltd must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.
16.7 The warranty period as stated in 16.3 is from the date of purchase. If goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by F.A.W. London Ltd in writing.
16.8 Conditions 16.1 to 16.7 inclusive do not affect the statutory rights of a Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.
17.1 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication.
17.2 If the description of any Goods that are not directly manufactured by F.A.W. London Ltd contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by F.A.W. London Ltd. The updated and complete manufacturer’s description is available from F.A.W. London Ltd on request before any order is placed.
17.3 In the event of any material change to any description of goods since the date of publication of the last catalogue by F.A.W. London Ltd, F.A.W. London Ltd will advise the Customer of the revised description prior to any order being accepted by F.A.W. London Ltd.
17.4 F.A.W. London Ltd reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.
18.1 The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer save insofar as F.A.W. London Ltd have specifically advised the Customer that the Goods are sufficient and suitable for the Customer’s purposes.
19.1 All products detailed on www.shop.aycesystems.co.uk are produced to a standard as approved by F.A.W. London Ltd.
20.1 Goods listed in any F.A.W. London Ltd Catalogue may originate from a Non- EU source. Any published information by F.A.W. London Ltd as to the country of origin of Goods is an indicator only of the source of supply to F.A.W. London Ltd and does not constitute a warranty or representation.
21.1 Goods referred to in any F.A.W. London Ltd Catalogue, correspondence or invoice may be subject to a patent, trade mark, registered design, copyright, topography right or other right of a third party. F.A.W. London Ltd owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of F.A.W. London Ltd. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by F.A.W. London Ltd and will not pass to the Customer. The Customer may only use such software programs and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as F.A.W. London Ltd are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way.
21.2 Where any designs or specifications have been supplied by the Customer for manufacture of Goods by F.A.W. London Ltd the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify F.A.W. London Ltd against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications.
22.1 By placing an order with F.A.W. London Ltd the Customer agrees to data relating to the transaction being retained and processed by F.A.W. London Ltd in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by F.A.W. London Ltd for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.
22.2 F.A.W. London Ltd may send to the Customer details of other Goods and services offered by F.A.W. London Ltd that F.A.W. London Ltd may consider to be
of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact F.A.W. London Ltd either in writing to the address in Condition 1.1 or by telephone on 020 7435 0941 or by e-mail at [email protected] requesting that data is removed from the marketing database. F.A.W. London Ltd subscribes to the data protection principles as laid down by the Information Commissioner and all data is held securely. The Customer may, by writing to the Customer Service Department of F.A.W. London Ltd, request that all data relating to him, her or it should be deleted from its records. Customers may also, in accordance with the provisions of the Data Protection Act 1998, obtain copies of such data that is held in respect of them by F.A.W. London Ltd. For Trade Customers F.A.W. London Ltd will also retain and process information in its capacity of a credit reference agency. Telephone calls and e-mails to F.A.W. London Ltd may be recorded or monitored for the purposes of security training and quality assurance.
23.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application unless the purpose is previously notified to F.A.W. London Ltd.
23.2 To the extent permitted by law, F.A.W. London Ltd accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to F.A.W. London Ltd’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.
23.3 To the extent permitted by law, F.A.W. London Ltd shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of F.A.W. London Ltd, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.
23.4 The entire liability of F.A.W. London Ltd under or in connection with the Contract with the Customer shall not exceed the price of the goods except as expressly provided in these terms and conditions.
24.1 F.A.W. London Ltd shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of F.A.W. London Ltd in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of F.A.W. London Ltd. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of F.A.W. London Ltd: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of F.A.W. London Ltd or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
25.1 All contracts between F.A.W. London Ltd and the Customer shall be governed by and interpreted in accordance with English Law and both F.A.W. London Ltd and the Customer submits to the exclusive jurisdiction of any competent Court in the United Kingdom.
26.1 Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.
27.1 If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is presented against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole
or any part of the Customer’s business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.
27.2 F.A.W. London Ltd may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part; and/or exercise any of its rights pursuant to this Terms and Conditions.
28.1 All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between F.A.W. London Ltd and a Customer.
29.1 ny provision of any contract with F.A.W. London Ltd, which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract.
30.1 No waiver or forbearance by F.A.W. London Ltd (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future.
31.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by F.A.W. London Ltd and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.