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Terms & Conditions

Black & Stainless Creative Metalwork is the product division of FC Laser Ltd. your contract is with FC Laser Ltd and hereafter all terms and conditions will relate to FC Laser Ltd. Interpretation 1.1 The following terms and conditions (“the Conditions”) are the terms on which FC Laser Ltd (“the Company”) sells to other businesses (“the Buyer”) and supersede all other terms and conditions used by the Company.

2. Goods 2.1 The quantity and description of the Goods shall be as set out in the Company’s quotation or acknowledgement of order. 2.2 All Goods will be supplied to normal commercial tolerances associated with the fabrication and construction industry. The Buyer must state the required tolerances and request clarification of the tolerances of the Company’s products before placing an order. 2.3 The Buyer must satisfy themselves that the Goods are suitable for the intended purpose.

3. Delivery 3.1 Any dates specified by the Company for Effective Delivery of the Goods are intended to be an estimate, and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. 3.2 Subject to other provisions of these Conditions the Company shall not be liable for any direct, indirect, or consequential loss, all three of which terms include, without limitation: pure economic loss; or loss of profits; or loss of business; or depletion of goodwill and similar loss; or costs; or damages; or charges; or expenses; caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence). 3.3 The Buyer shall not be entitled to terminate or rescind this contract due to any delay in delivery of the Goods (even if through negligence of the Company) unless such delay exceeds 180 days. 3.4 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence); b) the Goods shall be deemed to have Effective Delivery; and c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). 3.5 The Company is responsible for the loading of the Goods onto transport at the Company’s place of business. The Buyer must ensure that appropriate equipment is provided at the Buyers chosen delivery point for the unloading of the Goods, at the cost of the Buyer.

4. Non-Delivery 4.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 4.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the nondelivery within 14 days of the date when the Goods would in the ordinary course of events have been received. 4.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro-rata Contract rate against any invoice raised for such Goods.

5. Risk/Title 5.1 The Goods are at the risk of the Buyer from the time of Effective Delivery. 5.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it respect of: the Goods; and all other sums which are or which become due to the Company from the Buyer on any account. 5.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall a) hold the Goods on a fiduciary basis as the Company’s bailee; b) store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property; c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and d) maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company. 5.4 The Buyer’s right to possession of the Goods shall terminate immediately if the Buyer has a bankruptcy order made against them or makes an arrangement or composition with their creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) 5.5 The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter the premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminates, to recover them. 5.6 The Company reserves the right to regain possession of the Goods if payment, in full (in cash or cleared funds), is not received within 2 months from Effective Delivery.

6. Price 6.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the quotation given to the Buyer at the time of order. If no quotation is given to the Buyer, the price due to the Company pursuant to these conditions will be the most recent price paid by any customer of the Company for the same or similar Goods. 6.2 The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods.

7. Orders and Payment 7.1 The Company requires a valid written purchase order from the Buyer. Any verbal purchase orders are at the risk of the Buyer. 7.2 The price for the Goods exclusive of any value added tax shall be the quoted price of the Company and payment of the price shall be made by the Buyer within 7 days of the date (“the Due Date”) of the invoice for the Goods from the Company and payment shall be of the essence. 7.3 If the price is not paid by the Due Date the Buyer will be liable for any additional costs associated to collection of the outstanding debt. Interest shall accrue both before and after any court judgment on the unpaid portion of the price at the rate of three percent above the base rate from time to time of NATWEST Bank plc 7.4 Cancellation of any order by the Buyer must be in writing, and agreed as cancelled also in writing by the Company. In case of any cancellation, the Buyer may be released from its obligations under the contract after payment of a sum for reasonable liquidated damages. If the order has commenced production at the time of written cancellation any costs incurred to that point will be passed onto the Buyer. 7.5 All invoice queries must be notified within 10 working days of the invoice date. No credits will be issued for queries raised after this time. 7.6 The payment terms as detailed on the Company’s invoices are to be adhered to. 7.7 The Buyer automatically accepts liability for the payment of any invoice if any corresponding credit note is processed and taken against any payment made to the Company. 7.8 Where the Buyer does not adhere to the agreed payment terms, the Company reserves the right to appoint the services of an external debt collection service or commence legal proceedings to collect the total balance due. Any fees, interest and administrative costs for the collection of the debt will be added to the balance and recovered from by the Buyer. 7.9 The Buyer may not withhold payment of any invoice or other amount due to the Company by reasons of any right of set-off or counterclaim which the Buyer may have or allege to have or for any reason whatsoever.

8. Quality 8.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company. 8.2 The Company warrants that the Goods conform to specification. 8.3 The Company shall not be liable for a breach of the warranty in Condition 8.2 unless: a) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of materials supplied or workmanship of the Company, within 5 days of Effective Delivery. b) the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer facilitates the returns of the Goods to the Company’s place of business. 8.4 The Company shall not be liable for a breach of the warranty in condition 8.2 if: a) the Buyer has utilised the Goods or makes any further use of such Goods after giving such notice; or b) the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or c) the Buyer alters or repairs such Goods without the written consent of the Company. 8.5 Subject to condition 8.3 and condition 8.4, if any of the Goods do not conform with the warranty in condition 8.2 the Company shall replace such Goods (or the defective part). 8.6 If the Company complies with condition 8.5 it shall have no further liability for a breach of the warranty in condition 8.2 in respect of such Goods. 8.7 Any Goods replaced shall belong to the Company.

9. Limitation of Liability 9.1 Save in respect of personal injury or death due to any negligence, the Company shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods. 9.2 Without prejudice to condition 3.2 the Company shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this contract.

10. Force Majeure 10.1 The Company shall not be liable for any default due to any circumstances beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.

11. General 11.1 If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated. 11.2 Each of the parties that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of Contract. 11.3 The laws of England and Wales shall govern this Agreement and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales No alterations to this Contract will be accepted by FC Laser Limited unless agreed in writing. I accept the Terms & Conditions of FC Laser Limited

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