Web Site Terms and Conditions
(please see further down for Fahr’s Standard Terms and Condition of Sale)
Fahr Industries Limited (hereafter referred to as “Fahr”) maintains this web site (hereafter referred to as the “Site”) for your information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials.
You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without the written permission of Fahr. Your access and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions as they relate to your visit to the Site.
1) You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Fahr. Fahr neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Fahr.
2) While Fahr uses reasonable efforts to include accurate and up-to-date information on the Site, Fahr makes no warranties or representations as to its accuracy. Fahr assumes no liability or responsibility for any errors or omissions in the content on the Site and Fahr shall have no liability for any information, instructions or responses given by it or its representatives.
3) Your use and browsing of the Site is at your risk. Neither Fahr nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Fahr also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4) Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Fahr or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Fahr is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
5) Images of people or places displayed on the Site are either the property of, or used with permission by, Fahr. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6) Fahr has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
7) Although Fahr may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Fahr is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Fahr will fully cooperate with any law enforcement authorities or court order requesting or directing Fahr to disclose the identity of anyone posting any such information or materials.
8) Fahr may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
Fahr Industries Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Fahr Industries Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 20 April 2018.
What We Collect
We may collect the following information:
- Name and job title
- Contact information including email address
- Demographic information such as postcode, preferences and interests
- Other information relevant to customer surveys and/or offers
What We Do With The Information We Gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Controlling Your Personal Information
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Fahr Industries Ltd, Spitfire Road, Old Sarum, Salisbury, Wilts SP4 6GB.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Fahr’s Standard Terms and Condition of Sale
1. THE CONTENT OF THIS CONTRACT
a. In this contract: –
“the Company” means Fahr Industries Limited.
“the Goods” means the goods or services sold or supplied by the Company to the Customer under this contract.
“this Contract” means a contract between the Customer and the Company incorporating these Conditions.
b. This Contract governs the sale of Goods by the Company to the exclusion of all other representations, statements, understandings, negotiations, proposals or agreements.
c. Where the Customer submits its own order form these terms shall prevail if they conflict with the terms in that form, even if that form includes a condition similar to this one.
d. No employee of the Company or its agents has authority to make any warranty, statement or promise concerning the Goods except in writing signed by a Director of the Company.
e. The Customers order shall be subject to acceptance by the Company.
f. Orders are accepted and estimates of delivery given conditionally on the Company being able to secure the necessary labour or material and without responsibility for delays or non-fulfilment arising through risk and uncertainties of manufacture, strikes, accidents, force majeure or otherwise howsoever caused.
g. All drawings, descriptive and forwarding specifications, particulars of weights and dimensions are approximate only and not binding and illustrations contained in catalogues, price lists, sales literature and other advertisement material are for the purpose of general description only and none of these shall form part of this Contract.
Where the Company is asked to manufacture or supply Goods to the Customers own specification, the Company will not be held responsible for any non-compliance to the relative standards for those Goods and is not responsible for the actual suitability of those goods for the purpose being used.
a. We reserve the right to invoice at the price ruling at date of despatch. All prices, unless otherwise stated, are for delivery “ex works” and are exclusive of value added tax or any other tax or duty which is or may be levied or charged in the U.K or in the country of destination. Any such taxes, duties or charges shall be paid by the Customer.
a. Unless otherwise specified, packing cases and pallets will be charged extra but will be credited in full on return carriage paid and in good condition within one Month of receipt by the Customer. Export packing cases are not returnable.
b. The prices quoted are subject to any increase in the cost of labour or material between the date of quotation and despatch of Goods from our works and may not include installation costs.
d. If the Customer requires any alteration to the order, the price will be varied accordingly.
4. PROPERTY OF GOODS
a. Property of Goods delivered by the company shall not pass to the Customer until payment is made in full. In case of default in payment the Company shall be granted access rights in order to repossess the Goods. At all times before payment in full:
– the Goods shall stand in the Customer?s books in the name of the Company; and
– the Customer shall take appropriate steps to notify third parties of the Company’s interest in the Goods; and
– in the event of threatened seizure of the Goods or of appointment of a receiver or liquidator, or any other event entitling the Company to terminate this Contract under paragraph 9, the Customer shall immediately notify the Company and the Company shall be entitled to enter the Customers premises and repossess the Goods.
b. If the Customer delivers goods to a third party before payment has been made in full to the Company, the Customer shall hold all sums received for such Goods as trustee for the Company and shall remit them to the Company on receipt.
c. Risk in the Goods shall pass on delivery.
a. Delivery shall be “ex-works” unless the Company agrees otherwise. If the contract includes delivery by the Company, the Customer shall be responsible for giving the Company clear and accurate instructions as to the place of delivery.
b. Time shall not be of the essence in respect of delivery. If the Goods are to be delivered by a date specified by the customer or by the Company such date is to be treated as an estimate only. The Company does not guarantee that the Goods will be delivered by such date or accept liability for failure to meet the date.
6. SETTLEMENT TERMS
a. Where credit facilities exist, accounts are due for payment 30 days from the date of invoice. Where special discount terms are quoted, the terms must be strictly adhered to otherwise the account will be charged net. The customer shall, unless otherwise agreed in writing, pay all sums due to the company under the Contract prior to delivery in cash or cleared cheque in pounds sterling. If for any reason the Company does not receive unconditional payment in full, whether under any terms of credit facilities or otherwise, within 30 days from delivery then the Company may charge daily
interest on such payments at a rate equal to 5% per annum above the Base Lending rate of HSBC Bank plc, such interest to run from day to day to accrue before as well as after any judgement.
b. The Company has the right to refuse a credit account for any Customer it sees as a potential risk.
a. The Company does not accept responsibility for any damage, shortage or loss in transit unless:
i. Non-receipt of Goods is advised to the company within 3 days from the date of the Company’s advice/delivery note; and
ii. Any breakage, damage or shortage is advised to the Company and carriers within 3 days of receipt of Goods provided that the carriers note is marked ?unexamined”.
b. All sizes are approximate. Variations during the course of manufacture cannot be avoided and liability is not accepted for them.
c. When Goods are offered and supplied to a Customers designs and specifications no guarantee is given or implied of their suitability for the purpose for which they are used.
d. If during the period of twelve months from the date of invoice the Company is notified of a fault in the Goods which is due to faulty design, manufacturing or materials, the Company will replace or (at its option) repair the faulty part free of charge on an ex-works basis provided that:
– the Goods have been properly kept, used and maintained in strict accordance with the manufacturers or the Company?s instructions, if any, and have not been Modified.
– the fault is not due to accidental or wilful damage, interference with or maintenance of the Goods by persons other than the Company or its duly appointed Agent.
– if the Goods have been manufactured to the Customers design, the fault is not due to faulty design by the Customer
– this guarantee does not cover fair wear and tear.
– the Customer will be required to return faulty Goods to the Company for exchange or repair at the Customers own cost, the Company will not be liable for any labour installation charges involved with the removal and subsequent re-installation of any such parts.
8. LIMITATIONS OF LIABILITY
a. Except where expressly contained in this Contract, all warranties, conditions, undertakings and representations, expressed or implied, statutory or otherwise, are excluded and the Company has no obligation, duty or liability in Contract, tort (including negligence or breach of statutory duty) or otherwise.
b. In any event, the Company’s liability arising for any reason in connection with this Contract shall be limited to the original invoice value of the Goods.
c. In no circumstances will the Company be liable in Contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss or damage whatever.
d. The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.
e. Each provision of this Condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held unreasonable in any circumstances and shall remain in force not withstanding termination of this Contract.
The Company reserves the right to levy a cancellation charge of 20% of the order value in the event of the order being cancelled by the Customer. Please Note: Any such charge is non-negotiable and is solely at the discretion of the Company.
The Company shall have the right forthwith to terminate this Contract and to claim for any resulting losses or expenses if: –
– the Customer commits a breach of this contract and fails to remedy the breach within a reasonable time of a written notice to do so: or
– the customer commits any act of bankruptcy or compounds with its creditors; or a petition or receiving order in bankruptcy is presented or made against the Customer; or a petition for an administration order is presented (otherwise than for reconstruction or amalgamation) or a receiver of administrative receiver or any similar event occurs under the laws of the state where the Customer was incorporated.
11. FORCE MAJEURE
The Company shall not be liable in respect of any breach of this Contract due to any cause beyond its reasonable control including Act of God, inclement weather, flood, lightning or fire, industrial actions or lockouts; the act of omission of Government, highways authorities, or other competent authority, was, military operations or riot; the act of omission of any part for whom the Company is not responsible.
a. The Customer shall indemnify the Company against all damages, penalties, cost and expenses arising out of any claim by any third party for any infringement or alleged infringement of any third party’s industrial or intellectual property rights in any work carried out in accordance with the Customers specifications.
b. Copyright in all drawings or tracings prepared by the company are the Company?s property and copyright and must be regarded as confidential. Such drawings or tracings must not be published or disclosed under any circumstances without the Company’s permission in writing.
13. APPLICABLE LAW
The Law of England shall be the proper law of Contract.