FYZ LIMITED TERMS AND CONDITIONS OF SALE
These terms and conditions apply to all transactions between the customer and FYZ Limited (FYZ) and override any conditions the customer and FYZ may have, except those confirmed by FYZ in writing. Any variations of these conditions stipulated by any of the customer’s documents implied by statute, common law or trade usage are inapplicable unless accepted by FYZ in writing. This transaction will be deemed a contract of sale.
FYZ will make every effort to deliver orders within the time period quoted (which will commence from the receipt of orders by FYZ in writing). FYZ accepts no responsibility or liability of any kind for failure to deliver within the time period quoted. FYZ reserves the option to supply all orders in partial shipments and to invoice the same separately.
FYZ will not be liable for any delay in delivery or non-delivery due to reasons which are beyond its control. These reasons may include, without limitations, restrictions by governments authorities, fire, flood, strike, industrial disputes, breakdown of machinery, explosions, war, delay in delivery by FYZ’s suppliers or any other circumstances. Under any of the above, suspension, cancellation or extension of delivery may result at the discretion of FYZ.
DAMAGE AND LOSS IN TRANSIT
Goods which are lost or damaged in transit will be replaced, repaired, or the cost of the goods refunded at the discretion of FYZ. FYZ will not incur any liability further than the value of the goods, irrespective of any damages, or otherwise, to the customer. Any claims by the customer regarding loss in transit will not be entertained unless reported in writing within 7 days from the date of invoice. Damage and short deliveries must be reported in writing within 3 days of receipt of the goods to the carrier and FYZ. Any goods which are returned for replacement due to damage in transit must be done so carriage paid at the customer’s expense, and FYZ will reimburse any reasonable costs for carriage, subject to prior approval.
Goods will not be accepted back for credit if: returned after 30 days from the date of invoice, are produced as specials, are discontinued lines, have been opened, used, or are modified or altered in any way. Goods must be returned in their original condition, original packaging and with garment tags and labels intact. In any event, goods must be returned in accordance with FYZ’s returns policy. FYZ may refuse to accept back goods for credit, refund or replacement or repair at its discretion. Any goods authorised for return by FYZ are sent at the sender’s own risk. FYZ will not be liable for goods which are not received by FYZ due to non-delivery or damage caused by any delivery service the sender has used to return the goods. Insurance and carriage for returned goods is the responsibility of the sender.
All products are guaranteed to be free from defects and manufacturing faults that may affect the appropriate use of the product. Product guarantees will vary depending upon each product range. Please refer to guarantees provided for each product.
In no event shall FYZ be liable for any direct, indirect, incidental, special or consequential damages, including loss of profits, revenue, data, use or personal injury incurred by the customer or any third party, whether in an action or contract or based on a warranty (except where the liability is legally compulsory under UK law), even if the customer or any third party has been advised of the possibility of such damages. FYZ’s liability for damages under this agreement shall in no event exceed the amount paid by the customer to FYZ for the products under this agreement.
The customer shall determine the application and suitability of the products which the Customer purchases. FYZ does not accept or imply any representation of use or suitability of any products it manufactures or supplies.
FYZ must be informed, in writing, of any product purchased from FYZ which is found to be faulty due to poor workmanship or material. After inspection by FYZ, if the products are found to be faulty and are not the result of abuse, misuse, improper care or storage, inadequate maintenance, modification, FYZ will replace or repair the goods at its option. Any product found to be faulty must, after written acceptance from FYZ, be returned to FYZ carriage paid. Any products which are returned without written acceptance from FYZ will remain at the customer’s risk. FYZ’s liability is limited to repair and replacement only.
Due to continuous product development by FYZ, specifications for any product may change without prior notice. Any products which have been altered from the specification illustrated or listed will be advised to the customer before supply. FYZ reserves the right to discontinue products without prior notice.
LAWS OF CONTRACTS
This Agreement is governed and interpreted in accordance with the laws in England and Wales.
Both parties agree to comply with the data protection legislation. All personal data should only be used for the purposes of this Agreement and shall not be further disclosed or processed without the prior consent of both parties.