Terms and Conditions of Sale

Effective 1st March 2020
  1. Retention of Title:
    1. Ownership of goods supplied by Fall Prevent Ltd shall not pass to the buyer until they are fully paid for, the risk for the goods shall be borne by the purchaser from the date of delivery by Fall Prevent Ltd, or its carriers, to the purchaser.
    2. If the price for the goods is not paid by the due date Fall Prevent Ltd shall be at its absolute discretion and liberty to either recover the goods or maintain an action for the price of the goods.
    3. No Certification or Documentation shall be supplied until all Works are fully paid for.
  2. Warranty:
    1. Equipment offered by Fall Prevent Ltd is warranted against defects in workmanship and materials for a period of one (1) years from date of shipment unless otherwise stated in line with manufacturer warranty.
    2. Upon notice in writing, Fall Prevent Ltd will promptly repair or replace all defective items subject to inspections and verification.
    3. Fall Prevent Ltd reserves the right to elect to have any defective item returned for inspection before making a repair or replacement.
    4. Warranty does not cover equipment damages resulting from abuse, damage in transit, or other damage beyond the control of Fall Prevent Ltd.
    5. This warranty applies only to original purchaser and is the only one applicable to our products and is in lieu of all other warranties EXPRESSED or IMPLIED.
  3. Liability and Claims:
    1. Equipment offered by Fall Prevent Ltd is covered by liability insurance and all claims made against Fall Prevent Ltd are to a limit of this insurance coverage.
  4. Entire Contract:
    1. All orders are subject to written acceptance by Fall Prevent Ltd.
    2. This acknowledgment and the purchase order of the purchaser constitute the entire agreement of purchase and sale between the parties.
    3. Should any of the terms and conditions of Purchaser’s order be in conflict with or in any way inconsistent with the terms and conditions herein, the same shall not be considered applicable to this agreement of purchase and sale.
    4. No waiver, alteration or modification of any of the provisions herein shall be binding upon Fall Prevent Ltd  unless in writing and signed by an executive of Fall Prevent Ltd, after the date hereof.
    5. The warranty and limits of liability contained herein are in lieu of all other warranties and liabilities expressed or implied.
    6. The seller warrants the merchantability or fitness of their product in meeting the applicable standard related to their product.
    7. The purchaser is responsible for advising the seller of compliance with local, municipal, or applicable codes. The seller reserves the right to make design changes without notifying the purchaser.
  5. Order confirmation:
    1. Fall Prevent must receive a hard copy or an email for a valid order confirmation.
    2. This policy is meant to avoid problems that can arise from accepting verbal orders. Without this, the order will not be processed.
  6. Freight Policy:
    1. Freight shall be charged at cost for all shipments.
    2. Fall Prevent Ltd cannot be held liable for goods in transit which have been damaged or lost, unless written notice is given to the carrier and Fall Prevent Ltd within three (3) days of despatch.
    3. Partial shipments requested by the customer will be charged for carriage in line with the above limits per individual shipment.
  7. Faxed or Electronic Confirmation:
    1. Fall Prevent Ltd must receive a hard copy or email order confirmation.
    2. This policy is in place to avoid problems that can arise from accepting verbal orders. Without this, the order will not be processed.
  8. Returns and Exchanges:
    1. Agreement in writing must be issued by Fall Prevent Ltd on all returns.
    2. Credit will not be issued for custom built items.
    3. Only unused, stock items, in re-sellable condition, in original packaging complete with all documentation and with a purchase date of one (1) month or less will be considered for credit toward future purchases from Fall Prevent Ltd.
    4. All returns shall be applied a restocking charge of 20%.
    5. All returns must be shipped to Fall Prevent Ltd freight prepaid.
    6. Any return after the first month is at the sole discretion of Fall Prevent Ltd. Collect shipments will not be accepted.
    7. GOODS RETURNED WITHOUT WRITTEN AGREEMENT SHALL BE REFUSED
  9. Special Orders:
    1. Special order items are subject to minimum order quantities and/or set-up charges and may not be returned once approved by the purchaser.
  10. Seller Defaults:
    1. Claims for shortages or errors in delivery must be made within three (3) days after receipt of goods and all other claims must be made within one (1) month after the cause of action has accrued.
  11. Damaged Goods:
    1. From and after the delivery of goods covered hereby to a carrier specified by the purchaser, all risk of damage to such goods shall be upon purchaser and the carrier.
    2. All damage claims shall be made to the carrier by purchaser; however Fall Prevent Ltd will assist insofar as practical in securing satisfactory adjustment of said claims.
  12. Force Majeure:
    1. Fall Prevent Ltd shall not be liable for any claim, damage, loss, expense or liability as a result of any delay or failure to ship or provide services due in whole or in part to any cause beyond Fall Prevent Ltd’s reasonable control including, but not limited to, restriction imposed by any governmental legislation, rules or regulation, any act or omission of purchaser, strikes, slowdowns or other labour unrest, embargoes, riots, storms, fire, accidents, war, act of terrorism, delay in transportation, or inability to obtain necessary labour, materials, or manufacturing facilities.
    2. Any such failure or delay by Fall Prevent Ltd shall not be considered a breach of contract.
    3. Should Fall Prevent Ltd’s shipment of product or provision of services become impossible, Fall Prevent Ltd’s obligation will be terminated and Fall Prevent Ltd will be compensated for products or services provided until that point.
  13. Terms:
    1. Standard payment terms are
      1.   Standard Items: first 3 orders 100% pro-forma, then credit terms to be agreed, standard 14 days from invoice.
      2.   Bespoke Items: 100% pro-forma.
      3.   Balustrade: 100% pro-forma
    2. Fall Prevent Ltd reserves the right to cease trading with a customer (either permanently of temporarily) if payment is overdue or a customer has exceeded the credit limit set by Fall Prevent Ltd. 
    3. When goods are supplied on a Pro-forma basis those goods will only be despatched upon receipt of cleared funds. We understand and will exercise our statutory right if we are not paid according to agreed terms.
    4. Any variation to these terms must be agreed in writing by an Executive of Fall Prevent Ltd.
    5. No credit shall be provided without receipt of completed application forms and requested credit references.
  14. Prices:
    1. Prices exclude VAT unless otherwise stated.
    2. The prices expiry date may be extended at the sole discretion of Fall Prevent Ltd as required.
    3. Fall Prevent Ltd reserves the right to modify or change prices without notice.
    4. Prices supplied are net of all applicable discounts.
    5. Retention, MCD and other discounts shall be agreed in writing prior to any order being accepted.
  15. Changes:
    1. Fall Prevent Ltd may make such changes in the design construction of products as shall, in its judgment, constitute an improvement.
    2. Fall Prevent Ltd may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or because materials are unavailable from suppliers.
    3. IF ANY MODIFICATION, ALTERATION OR REMOVAL OF ANY PART OR PRODUCT NOT AUTHORISED IN WRITING BY FALL PREVENT LTD RESULTS IN ANY INJURY TO A PERSON OR DAMAGE TO PROPERTY, THEN NO WARRANTY HEREIN SHALL APPLY, AND PURCHASER SHALL INDEMNIFY FALL PREVENT LTD AGAINST ANY CLAIM, DEMAND, LOSS, EXPENSE, OR LIABILITY, INCLUDING LEGAL FEES, IN ANY WAY RELATED TO SUCH INJURY OR DAMAGE.
  16. Governing Law:
    1. UK Laws shall govern.
    2. Any legal action based on an order must be filed in a court of competent jurisdiction in the United Kingdom
  17. Applicability:
    1. Above pertains to the products offered by Fall Prevent Ltd, Registered Office: Commerce House, Campbeltown Road, Birkenhead, CH41 9HP
    2. Fall Prevent Ltd products are designed to perform as a complete system.
    3. Fall Prevent Ltd therefore reserves the right to refuse orders for individual components not intended for use in the complete system.