In these conditions the following words have the following meanings unless the context require otherwise:
- ‘Contract’ means any contract between You & Us incorporating these conditions for the sale of Products and/or the provision of the Services;
- “Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
- “Products” means any products and/or goods ordered from Us by you or to be supplied by Us to You
- “Services” means the services and/or work to be performed by Us for You;
- “We, Us, Our” means Fibre Optech and any of its associated companies;
- “You, Your, Yourself” means the person to whom We supply the Products and/or the Services.
2. BASIS OF CONTRACT
- These conditions shall govern the agreement between You and Us to the exclusion of any other terms or conditions.
- Orders placed by You leading to a contract which is not expressed to be subject to these conditions shall still be subject to them.
- These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You.
- No variation to these conditions shall be binding on Us unless contained in Our quotation or agreed in writing between You and one of Our authorised representative.
3. ORDERS AND CONTRACT
- “Quotations” are not binding or capable of acceptance and are estimates only.
- We shall have the rights to refuse to accept any orders placed for Products and/or Services.
- You shall be responsible for the accuracy of any order and for giving Us any information necessary for Us to perform the Contract.
- The Contract between you and us shall come in effect on Our acceptance of Your order.
- No order for products and/or Services shall be deemed accepted by Us until confirmed in writing by Our authorised representative
- If you cancel this contract for any reason You shall have no further recourse against us under this Contract.
- We shall have no liability for errors in any specification or details supplied by You and You arte solely responsible for their accuracy,
- Details and/or specifications in brochures and price lists produced by Us are intended as a guide only and only give a general approximation of the Products and/or Services.
- You agree to indemnify and keep indemnified Us against any and all claims, losses, proceedings, actions, awards, liablities, costs (including legal costs on a full indemnity basis and increased administration costs) expenses, damages and any other losses and/or liabilities arising out of Our use of specifications, details and/or drawings supplied by you.
- You confirm and agree that You have not relied upon the details and information contained in our brochure unless You have sought and obtained written confirmation from us of their accuracy.
- We reserve the right to make changes to the specification of the products and/or Services as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse affect on the quality and/or performance of the Products and/or the Services.
- If We do make changes to the specification of the Products and/or Services which have a material adverse effect then You shall have the right to cancel the Contract without liability sup[plied by You and you are solely responsible for their accuracy.
- We Guarantee that the products and.or Services will be free from defects in materials and/or workmanship for a period of 12-36 months from:
- In the case of Services the edate of completion of the performance of the Services; and/or
- In the case of products the date of delivery of the Products to you.
- The guarantee in clause 14.1 above is given by Us subject to the following conditions ;
- We shall be under no liability in respect of any defect in the products and/or Services arising from any drawing, design or specification supplied by You.
- We shall be under no liability in respect of any fualts arising after risk in the products has passed which is caused by any subsequent mechanical, chemical, electrolytic or other damage not due to a defect in the Products and/or Services as appropriate; and/or
- We shall be under no liability in respect of any faults or defects caused by willful damage, abnormal working conditions, failure to follow our instructions, misuse, alteration or repair of Products and/or Services without Our approval, improper maintenance or negligence on Your part or a third party.
- If any Products and/or Services prove to be defective and are covered by the quarantee in clause 14.1 above then We shall at our sole option either repair or replace or re-perform such products and/or services or refund the price for such products and/or services. Provided We comply with this clause the repair, replacement and/or re-performance shall be Your sole remedy in respect of claims under the quarantee under clause 14.1 above
6. REPAIRS AND REPLACEMENTS
- We will at our option either refund the prices, repair, replace free of charge or re-perform any defective products and/or Sevices where the defect is apparent on inspection provided that the defect is notified to us within 14 working days of delivery of such Products or performance of the Services.
- Any defective products must be returned to Us for inspection if requested by u before we will have any liability for defective Products. If the Products shall prove to be defective then we shall reimburse You for the cost of returning the defective products.
- We shall have the right upon Our request to inspect the subject-matter of any allegedly defective Services, and We will not have any liability for defective Services until We have been allowed to make such inspection.
- We may at Our sole discretion replace, repair free of charge, re-perform or refund the price of defective Products and/or Services which are not notified to us as soon as reasonably practicable.
- We will at Our Option either refund the price or replace free of charge any products missing from a delivery of products provided that the missing items are notified to us within 5 working days of delivery or, in the event of total non-delivery, this fact is notified to us within 5 working days of receipt of the invoice by you.