Acionline.co.uk

In these Terms:
“Business Hours” means the hours of 8am to 5pm Monday to Friday excluding Public
Holidays;
“Customer” means the person, firm, company or organization named on the Form for whom
FIREPIPE LTD. has agreed to supply the Products in accordance with these Terms;
“Contract” means the contract for the supply of the Products;
“Form” means the document to which these Terms are appended;
“FIREPIPE LTD.” means Firepipe Limited, a company registered in
England and Wales under number 4141349;
“Price” means the purchase price of the Products according to the Agreement as set out
on the Form;
“Products” means the one or more items of aspirating detection and machine safety systems
ordered by the Customer from the range offered for sale by FIREPIPE LTD. from time to time as
set out on the Form including, where requested in writing by the Customer, one set of
schematic drawings;

“Terms” means these terms and conditions.
1. Agreement
FIREPIPE LTD. agrees to supply and the Customer agrees to accept the Products subject to these
Terms. Any changes or additions to these Terms must be agreed in writing by FIREPIPE LTD. and
the Customer.
2. Orders
No order which has been accepted by FIREPIPE LTD. may be cancelled by the Customer except
with the agreement in writing of FIREPIPE LTD. and on terms that the Customer shall indemnify
FIREPIPE LTD. in full against all loss (including loss of profit, costs, (including the cost of all labour
and materials used), damages, charges and expenses incurred by FIREPIPE LTD. as a result of
cancellation.
3. Quotations
3.1 All quotations given by FIREPIPE LTD. shall remain valid for a period of 30 days following which
they shall be subject to change without notice.
3.2 Quotations allow for installation of the Products, on a continuous basis during Business
Hours.
3.3 The quotation is valid for a period of 30 days after which we reserve the right to reevaluate
the submission prior to accepting an order.
3.4 All access equipment has been excluded from our bid unless otherwise stated.
4. Price
4.1 FIREPIPE LTD. reserves the right, by giving notice to the Customer at any time before delivery,
to increase the Price of the Products to reflect any increase in the cost to FIREPIPE LTD. which is
due to any factor beyond due control of FIREPIPE LTD. (such as without limitation, any foreign
exchange, fluctuation, currency regulation, alteration of duties, significant increase in costs
of labour, materials or other costs of manufacturer), any change in delivery dates, quantities
or specifications for the products which is requested by the Customer, or any delay caused
by any instructions of the Customer or failure of the Customer to give FIREPIPE LTD. adequate
information or instructions.
4.2 All Prices quoted to the Customer for the Products are, unless otherwise expressly
provided, exclusive of any Value Added Tax, for which the Customer will be additionally
liable at the applicable rate from time to time.
5. Delivery
5.1 If agreed in writing on the Form, FIREPIPE LTD. shall arrange for delivery of the Products to
an address nominated by the Customer at the Customer’s expense.
6. Payment
6.1 The Customer agrees to pay FIREPIPE LTD. the Price and any additional sums which are
agreed between FIREPIPE LTD. and the Customer for the supply of the Products and any expenses
reasonably incurred by FIREPIPE LTD. in the supply of the Products in cash upon delivery of the
Products to the Customer.
6.2 FIREPIPE LTD. shall be entitled to invoice the Customer for the Price as specified on the Form
and if not specified, either on the date of the Contract or in equal installments following the
end of each calendar month in which the Products are supplied or at such other times as
may be agreed with the Customer.
6.3 If payment is not made on the due date, FIREPIPE LTD. shall be entitled, without limiting any
other rights it may have (under the Contract or at law), to charge interest on the outstanding
amount (both before and after any judgment) at the rate of 4% above the base rate of
Barclays Bank Plc from the due date until the outstanding amount is paid in full.
6.4 If payment for the Products is not made by the Customer or before the due date then
FIREPIPE LTD. reserves the right to cancel the Contract and all other existing or future orders
placed by the Customer for the Products.
6.5 Payment terms are deemed to be strictly 30 days from date of invoice unless otherwise
stated.
6.6 Should the contract extend beyond a one-month period, interim claims shall be made
subject to evaluation.
6.7 We reserve the right to sub-contract part or all of the works as we see fit but will ensure
that quality remains constant.
7. Risk and Property
7.1 Risk or damage to or loss of the Products shall pass to the Customer:
7.1.1 in the case of Products to be delivered at FIREPIPE LTD.’s premises, at the time when FIREPIPE LTD.
notifies the Customer that the Products are available for collection:
7.1.2 in the case of Products to be installed at the Customers premises or elsewhere at
the Customer’s request, at the time of installation or, if the Customer wrongfully fails to take
delivery of the Products or prevents FIREPIPE LTD.’s efforts to effect installation, at the time when
FIREPIPE LTD. has tendered delivery of the Products
7.2. Notwithstanding delivery and the passing or risk in the Products, or any other provision
of these Terms, the property in the Products shall not pass to the Customer until FIREPIPE LTD.
has received in cash or cleared funds payment in full of the Price of the Products and all
other Products agreed to be sold by FIREPIPE LTD. to the Customer for which payment is then due
and FIREPIPE LTD. shall be entitled to all rights of access to the Customer’s premises to enforce
its rights hereunder:
7.3 In the event of the Customer reselling or otherwise disposing of the Products or any
part thereof before the property therein has passed to the Customer as set out in clause
6.2 above, then the Customer will, until payment in full to FIREPIPE LTD. of the Price, hold in trust
for FIREPIPE LTD. all its rights under any such contract of resale or any other contract in pursuance
of which the Products or any part thereof are disposed or, or any contract by which property
comprising the said Products or any part thereof is or is to be disposed of, and any monies
or other considerations received by the Customer thereunder.
7.4 Once materials have been installed, the risk passes to the client though possession
remains with FIREPIPE LTD. until such items are paid for.
8. Insurance
8.1 The Customer shall be liable to arrange a suitable policy of insurance to cover replacement
of the products which is acceptable to FIREPIPE LTD. which shall take effect from the date of
commencement of the installation of the Products by FIREPIPE LTD.
8.2 The Customer shall be required to provide FIREPIPE LTD. with appropriate documentary
evidence of the insurance policy referred to in clause 8.1. above upon the reasonable
request of FIREPIPE LTD.
9. Warranty
9.1 Subject to clause 10 below
9.1.1 FIREPIPE LTD. warrants that the products shall be free from defects for a period of 12 months
from the date of the Contract: and
9.1.2 FIREPIPE LTD’s liability under clause 9.1.1 above shall be limited to the costs of repair or
replacement of any defective or faulty Products at FIREPIPE LTD’s absolute discretion provided
such Products have been correctly maintained whilst in the Customer’s possession and
subject to any remedial work on the Products taking place during Business Hours.
10. Liability
10.1 FIREPIPE LTD. shall have no liability to the Customer for any loss, damage, costs, expenses
or other claims for compensation arising from the Products, or from their late arrival or nonarrival,
or any other fault of the Customer.
10.2 Except in respect of death or personal injury resulting from FIREPIPE LTD’s negligence, FIREPIPE LTD.
shall not be liable to the Customer for any loss of profit or any indirect or consequential loss
which may arise in connection with the supply of FIREPIPE LTD. of the Products (whether caused
by the negligence of FIREPIPE LTD., its servants, agents, consultants, sub-contractors or otherwise).
FIREPIPE LTD’s total liability under or arising from the Contract shall not exceed the amount of the
Price paid by the Customer to FIREPIPE LTD.
10.3 Any claim by the Customer which is based on any defect on the quality or condition
of the Products or their failure to correspond with the agreed specification shall (whether
or not delivery is refused by the Customer) be notified to FIREPIPE LTD. within 7 days from the
date of delivery or (where the defect or failure was not apparent on reasonable inspection)
within a reasonable time after delivery of the defect or failure. If delivery is not refused, and
the Customer does not notify FIREPIPE LTD. accordingly, the Customer shall not be entitled to
reject the Products and FIREPIPE LTD. shall have no liability for such defect or failure, and the
Customer shall be bound to pay the Price as if the Product had been delivered in accordance
with the Contract.
10.4 No ascertained or liquidated damages have been assumed, unless otherwise stated.
10.5 No retention has been assumed, unless otherwise stated.
11. Termination
Either party may (without limiting any other remedy it may have) at any time terminate the
Contract by giving written notice to the other if the other commits any material breach of
the Contract and (if capable of remedy) fails to remedy the breach within 30 days after being
required by written notice to do so, or if the other goes into liquidation, or (in the case of
an individual firm) becomes bankrupt, makes a voluntary arrangement with his or its creditors
or has a receiver to administrator appointed.
12. Force majeure
FIREPIPE LTD. shall not be liable to the Customer or be deemed to be in breach of the Contract
by reason of any delay in performing, or any failure to perform, any of FIREPIPE LTD’s obligations
in relation to the supply of the Products, if the delay or failure was due to any cause beyond
FIREPIPE LTD’s reasonable control.
13. General
13.1 If any provision of these Terms is held by any competent authority to be invalid or
unenforceable in whole or in part, the validity of the other provisions of these Terms and
the remainder of the provision in question shall not be affected.
13.2 No waiver by FIREPIPE LTD. of any breach of the Contract by the Customer shall be
considered as a waiver of any subsequent breach of the same or any other provision.
13.3 These Terms (together with any terms set out on the Form) constitute the entire
agreement between the parties, supersede any previous agreement or understanding and
may not be varied except in writing between the parties. All other terms and conditions,
express or implied by statute or otherwise, are excluded to the fullest extent permitted by
law.
13.4 No third parties shall have any rights or benefits under these Terms or the Contract.
13.5 This Agreement is governed by and shall be construed in accordance with the law of
England and the parties hereby agree to submit to the exclusive jurisdiction of the English
Courts.
13.6 Safe means of egress and access, general lighting and welfare facilities are to be
provided by others.
13.7 It has been assumed that any free issue fire detection, door access or camera equipment
required for the contract shall be provided free of charge, as and when required. Delays
caused by failure to provide the correct equipment when needed may incur additional
charges to contract.
13.8 FIREPIPE LTD. will provide hand marked as installed drawings, however FIREPIPE LTD. do not
undertake design responsibility for the system.