1.1 Any reference to the Company/Seller/We/Us shall mean FiberWorx who sell or supply specialist glass-reinforced (GRP) products in the course of their trade or business.
1.2 Any reference to You/Buyer/Purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form.
1.3 Goods or equipment ordered shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all additional parts, connecting components or ancillary items, not detailed within the sales/order form, shall be additional to this agreement.
1.4 In respect of orders placed via the internet, such orders shall be mere offers to purchase and shall not be accepted or binding upon the Company until confirmed or acknowledged in writing by the Company by means of an invoice or statement confirming acceptance of your order or by dispatch of goods to you. Order acknowledgement sent by the Company subsequent to the order and payment shall not amount to confirmation of order. The Company reserves the right to refuse any offer to purchase prior to written confirmation or dispatch, where goods ordered become unavailable, the price of goods varies or an error is made by the Company in price, description or for some other reason, where upon a full refund of your payment will be made to you, usually in the method you made payment to the Company.
2.1 These conditions shall apply to all the Company’s quotations and contracts, orders (including telephone, postal and internet orders) for the sale or supply of goods accepted by the Company.
2.2 Website information and samples on display are indicative only. Additionally, parts or components pictured or described within the website are for illustration purposes only and may vary in size, specification, colour and fitment, dependent upon the make and model of your vehicle. Buyers are therefore required to check current specification, colours, weights and measurements with the Company prior to order. The Company also allows tolerances within the manufacture of the products and reserves the right to amend specifications, without notice, in order to improve products or where amendments become necessary, the Company will endeavour to inform the purchaser of any such amendment or change.
2.3 The Company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct prior to submission to the Company. Subsequent to delivery, the Company shall accept no liability for any error or inaccuracy in orders unless notified of such error within seven days of delivery/receipt of any document containing the said error.
3. Limitations upon Liability
3.1 Advice given by agents or servants of this Company during telephone/internet orders or enquiries is based entirely upon information given by the purchaser with no inspection undertaken. As such, all advice given is indicative only and all such advice should be checked by the purchaser prior to order. Where advice is given after visual inspection by agents or servants of this Company, such advice shall amount to an opinion only. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this Company for such alternative use, amendment or modification.
3.2 For trade buyers, the Company is hereby excluded from any liability, howsoever arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The trade buyer accepts that he is the best placed to insure against losses which arise by virtue of any breach of this agreement and warrants that he carries adequate insurance in this respect.
3.3 Goods ordered by the buyer may not be compatible with vehicles which have been modified, adapted or altered. Where goods ordered by the purchaser are not compatible by reason of modification, adaptation or alteration, the Company may accept such goods back into stock entirely at its own discretion, and shall either issue a refund or credit to the purchaser except where goods are specifically ordered for the purchaser where no such refund or credit will operate.
3.4 Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to notify the seller within 28 days of receipt and return such goods to the seller for inspection and report (without the seller replacing the said goods prior to inspection) at the buyers expense. The purchaser also accepts that it is reasonable to inform the seller if any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the Company, nor shall we be liable for any failures resulting subsequent to modification as a result of such modification.
3.5 Goods supplied by the Company and used by the purchaser for completion purposes are subject to extreme stress whilst in use. Life expectancy and durability are greatly reduced and purchasers should note that any claim for failure/wear, shall not be entertained by the Company. It is acknowledged by the buyer of such goods that the foregoing statement shall be a relevant and important issue in any claim brought against the Company and the Company shall, in turn, place importance upon this clause. In addition, parts connected to parts supplied by this Company may be placed under stress where specialist/competition parts are used, and purchasers should take advice from experts prior to purchase.
3.6 Where goods are defective, incorrectly supplied, delayed or otherwise in breach of the implied terms of the buyers statutory rights, all losses which result from loss of competition points, awards, loss of entry fees or other similar losses, are excluded and shall not be reclaimable from the Company. In addition the Company shall accept no liability for death or personal injury unless caused directly by the Company’s own negligence.
3.7 No liability is accepted by the Company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known to the purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
3.8 The Company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the Company, including but without limitation, strikes, lockouts, civil disputes, acts of God, war or other actions by third parties.
3.9 Notwithstanding any other provisions of this Agreement, nothing in this Agreement shall confer a benefit on any person or persons not named as the purchaser herein (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
4.1 All prices on the Site are expressed in pounds (£) sterling.
4.2 If the recipient is not in the county where shipping originates, the recipient is responsible for chargeable VAT or import duties.
4.3 Special offers are only valid for the time duration (deadline) as mentioned with the specific offer. The Company reserves the right to withdraw any offers without prior notice.
4.4 The purchaser is chargeable for goods that the Company has confirmed in accordance with Clause 1.4 of these Terms and Conditions as herein notified. Known (manipulation) mistakes in the price, such as obvious inaccuracies, can be corrected even after agreement has taken place by the Company.
4.5 Shipping charges stated on this Site are for UK Mainland addresses only. Further charges apply for delivery outside of the UK, to be paid by the buyer.
5. Payment Terms
5.1 Orders via the website are to be paid via Paypal. The Company may extend the methods of payment n the future. Additional methods of payment will be made known on this Site as they become available.
5.2 Unless otherwise stipulated within the sales invoice/order form, all accounts are payable at the time of order.
6. Title and Delivery
6.1 Ownership or Title to the product shall not pass to the buyer until the Company has received payment in full.
6.2 All items are made to order and as such approximate manufacture times shall be quoted within the product description. All times given for manufacture, despatch or delivery are approximate and time shall not be of the essence. In any event delivery times are approximate and variable. When delivery is effected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.
6.3 It shall be the responsibility of the purchaser to thoroughly check goods on delivery prior to signing the delivery note. Should any damage be identified, the purchaser reserves the right to refuse delivery of the goods or indicate on the delivery note said damage. Obvious damage caused by the delivery contractor and not identified in this manner shall not be the responsibility of the Company.
6.4 The buyer is required to notify the Company, in writing, of any shortage, misdelivery or other discrepancy immediately, or at the latest within seven days of such shortage, misdelivery or failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is effected to the buyers own independent delivery contractor, loss or damage in transit claims should be made directly to the carrier. Buyers should retain all packaging in the event of a claim or return within the terms of this Agreement.
6.5 Delivery and packing prices indicated within this Site are subject to change and will be confirmed at the time of order. Buyers outside the UK shall be quoted approximate prices for delivery and packing prior to order confirmation. If required the Company shall quote for delivery and packing in such instances and confirmation of acceptance shall be required from the buyer prior to acceptance of order.
7.1 FiberWorx has a trading address of 229 St Johns Road, Yeovil, Somerset, BA21 5QR.
7.2 The FiberWorx information desk (07803822658) is reachable for information Monday – Saturday 9.00 till 18.30.
7.3 FiberWorx strives to answer incoming e-mails and telephone messages during the opening hours of the FiberWorx information desk.
8. Cancellation of Orders
8.1 Clauses 8.2, 8.3, 8.4 and 8.5 below shall apply to a person who purchases goods as a consumer buyer and is resident within a European Economic Community where rights, which accrue by virtue of the Consumer Protection (Distance Selling) Regulations, apply.
8.2 A consumer buyer shall have the right to cancel any contract for goods made by means of distance communication in accordance with these Terms and Conditions, within seven working days of delivery of the goods, however as all items are made to order, the Company reserves the right to retain the cost of delivering the goods. Special order goods shall not be returnable under the terms of the Clause. Cancellation of contract can be effected by service of a Written Notice signed by the consumer buyer which details clearly the Company’s Sales Order Number and the name and address of the consumer buyer, and delivered either by email or by post.
8.3 If a written Notice of Cancellation is received by the Company in accordance with Clause 8.2 the consumer buyer shall become liable to return the goods to the Company forthwith, to such address as directed by the Company in their original packaging (and without having been installed or used and with all relevant seals and enclosures intact) and at the consumer buyers sole expense.
8.4 If the consumer buyer fails to return the goods in accordance with Clause 8.3 within seven days of the cancellation of contract, the Company shall be entitled to collect goods from the consumer buyer and to recover any reasonable costs involved in such collection from the consumer buyer.
8.5 Providing goods are returned in the same condition they originally left the Company, and then the Company shall affect a refund of any monies owing to the consumer buyer in respect of goods, minus the cost of delivering the goods to the Customer, within 30 days from the date of cancellation or receipt of goods by the Company. Such a refund will be subject to any set off of monies to which the Company is entitled under Clause 8.4.
8.6 Goods purchased and delivered to the buyer otherwise than by means of distance communication (including a trade buyer) may be returned to the Company in original packaging (and without being installed or used and with all relevant seals and enclosures intact) for credit within seven days of receipt by the buyer, subject to a restocking charge of not less than 15% of the volume of the order. Credit shall be subject to the buyer producing proof of purchase and returning goods carriage paid. Special order goods shall not be returnable by virtue of this Clause.
8.7 Goods purchased but not yet delivered to the buyer maybe cancelled and a full refund received. However, if the items purchased have been made to a certain specification they will be subject to a restocking charge of not less than 15% of the volume of the order, this will be deducted from the refund.
8.8 The trade buyer shall indemnify the Company against all actions, claims, demands, penalties and cost brought or otherwise arising in connection with the goods or their delivery or unloading or with work done by the Company in accordance with the buyers specifications.
8.9 The buyer confirms that he shall comply with any or all rules and instructions relating to installation and use of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation or use shall not be accepted by the Company.