Terms
of Use of
Website
IMPORTANT NOTICE
Please read these Terms of Use carefully as they govern your use of this website. We care very much about the standard of this website, and we want to hear from you if you are not satisfied in any way. Please send your comments to weygold@fiegerlouvre.com or fieger@fiegerlouvre.com . The contents of this website are protected by copyright. You may download information from it for your own personal use only. You are not entitled to pass the information from it to third parties for their use. Unauthorised reproduction of its content is forbidden. We reserve the right at any time, in our sole discretion, to make any changes to these Terms of Use. Any changes will be notified to you by publishing the revised Terms of Use on this website. By continuing to use this website after such notification you agree to be bound by such changes. These Terms of Use are to be interpreted in accordance with English law and in the event of any dispute you and we irrevocably submit to the exclusive jurisdiction of the English courts.
1.
Interpretation
1.1 In
these Terms and Conditions:
| "Buyer" | means the person(s) or company that purchases the Goods from Fieger; |
“Contract” | means any contract between Fieger and the Buyer for the sale and purchase of the Goods, incorporating these Terms and Conditions; |
| “Fieger” | means Fieger Limited a company incorporated in England under number 6092433 with registered office at Swatton Barn, Bradbury, Swindon, Wiltshire SN4 0EU; and |
“Goods” | means any goods agreed in the Contract to be supplied to the Buyer by Fieger (including any part or parts of them). |
1.2
In these Terms and Conditions references to any statute or statutory
provision shall, unless the context otherwise requires, be construed as
a reference to that statute or statutory provision as from time to time
amended, consolidated, modified, extended, re-enacted or replaced.
1.3 In
these Terms and Conditions headings are for convenience only and do not
affect the construction of these Terms and Conditions.
2.
Application of terms
2.1 Subject
to any variation under clause 2.3 the Contract will be on these Terms
and Conditions to the exclusion of all other terms and conditions
(including any terms or conditions which the Buyer purports to apply
under any purchase order, confirmation of order, specification or other
document).
2.2 No
terms or conditions endorsed upon, delivered with or contained in the
Buyer's purchase order, confirmation of order, specification or other
document will form part of the Contract simply as a result of such
document being referred to in the Contract.
2.3 These
Terms and Conditions apply to all Fieger's sales and any variation to
these Terms and Conditions and any representations about the Goods
shall have no effect unless expressly agreed in writing and signed by
the Managing Director of Fieger.
2.4 Each
order for Goods by the Buyer from Fieger shall be deemed to be an offer
by the Buyer to purchase Goods subject to these Terms and Conditions.
2.5 No
order placed by the Buyer shall be deemed to be accepted by Fieger
until a written acknowledgement of order is issued by Fieger or (if
earlier) Fieger delivers the Goods to the Buyer.
2.6 The
Buyer must ensure that the
terms of its order and any applicable specification are complete and
accurate.
2.7
Any quotation is given on the
basis that no contract will come into existence until Fieger despatches
an acknowledgement of order to the Buyer. Any quotation is
valid for a period of 120 days only from its date, provided that Fieger
has not
previously withdrawn it.
2.8
The attention of the Buyer is drawn particularly to clause 10 in which
the liability of Fieger under the Contract is limited.
3.
Description
3.1 The
description of the Goods shall be as set out in Fieger's quotation.
3.2 All
drawings, descriptive matter, specifications and advertising issued by
Fieger and any descriptions or illustrations contained in Fieger's
catalogues or brochures are issued or published for the sole purpose of
giving an approximate idea of the Goods described in them.
They will not form part of this Contract.
4.
Delivery
4.1 Unless
otherwise agreed in writing by Fieger delivery of the Goods shall take
place at the Buyer's place of business.
4.2 The
Buyer will pay the full costs of delivery of the Goods from Fieger's
warehouse in Germany to the Buyer's place of business.
4.3 Any
dates specified by Fieger for 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 will be within
a reasonable time.
4.4 Fieger
may at its discretion deliver the Goods by instalments and in any
sequence but will use its reasonable endeavours to deliver the Goods in
accordance with any schedule provided by the Buyer. Fieger
does not accept liability for any delay caused by its failure to
deliver the Goods in accordance with such schedule.
4.5
Subject to the other provisions of these Terms and Conditions Fieger
will not be liable for any loss (including loss of profit), costs,
damages, charges or expenses caused directly or indirectly by any delay
in the delivery of any one or more instalments of the Goods (even if
caused by Fieger's negligence), nor will any such delay entitle the
Buyer to terminate or rescind the Contract in respect of any of the
Goods previously delivered or undelivered. Any one instalment
may be terminated if it is delayed by more than 90 days.
4.6 If for
any reason the Buyer will not accept delivery of any of the Goods when
they are ready for delivery, or Fieger 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 will
pass to the Buyer (including for loss or damage caused by Fieger's
negligence);
(b)
the Goods will be deemed to have been delivered; and
(c)
Fieger may store the
Goods until delivery when the Buyer will be liable for all related
costs and expenses.
4.7 The
Buyer will provide at its expense at the place where delivery takes
place adequate and appropriate equipment and manual labour for
unloading the Goods.
4.8 If
Fieger delivers to the Buyer a quantity of Goods of up to 5% more or
less than the quantity accepted by Fieger the Buyer shall not be
entitled to object to or reject the Goods or any of them by reason of
the surplus or shortfall and shall pay for such goods at the pro rata
Contract rate.
5.
Non-delivery
5.1 The
quantity of any consignment of Goods as recorded by Fieger upon
despatch from Fieger'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.
5.2 Fieger
shall not be liable for any non-delivery of Goods (even if caused by
Fieger's negligence) unless written notice is given to Fieger within 7
days of the date when the Goods would in the ordinary course of events
have been received.
5.3 Any
liability of Fieger 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.
6.
Risk and title
6.1 The
Goods are at the risk of
the Buyer from the time of delivery (i.e. from the time when unloading
begins).
6.2
Ownership of the Goods shall not pass to the Buyer until Fieger has
received in full (in cash or cleared funds) all sums due to it in
respect of:
(a) the
Goods; and
(b)
all other sums which are
or which become due to Fieger from the Buyer on any account.
6.3 Until
ownership of the Goods has passed to the Buyer, the Buyer must:
(a)
hold the Goods on a fiduciary basis as Fieger's bailee;
(b)
store the Goods (at no cost to Fieger) separately from all other goods
of the Buyer or any third party in such a way that they remain readily
identifiable as Fieger's property;
(c)
not destroy, deface or
obscure any identifying mark or packaging on or relating to the Goods;
(d)
maintain the Goods in satisfactory condition insured on Fieger's behalf
for their full price against all risks to the reasonable satisfaction
of Fieger. On request the Buyer shall produce the policy of
insurance to Fieger; and
(e)
hold the proceeds of the insurance referred to in clause 6.3 (d) on
trust for Fieger and not mix them with any other money, nor pay the
proceeds into an overdrawn bank account.
6.4 The
Buyer's right to possession of the Goods shall terminate immediately if:
(a)
the Buyer has a bankruptcy order made against him or makes an
arrangement or composition with his creditors, or otherwise takes the
benefit of any Act for the time being in force for the relief of
insolvent debtors, or (being a body corporate) convenes a meeting of
creditors (whether formal or informal), or enters into liquidation
(whether voluntary or compulsory) except a solvent voluntary
liquidation for the purpose only of reconstruction or amalgamation, or
has a receiver and/or manager, administrator or administrative receiver
appointed of its undertaking or any part thereof, or a resolution is
passed or a petition presented to any court for the winding up of the
Buyer or for the granting of an administration order in respect of the
Buyer, or any proceedings are commenced relating to the insolvency or
possible insolvency of the Buyer; or
(b)
the Buyer suffers or allows any execution, whether legal or equitable,
to be levied on its property or obtained against it, or fails to
observe/perform any of its obligations under the Contract or any other
contract between Fieger and the Buyer, or is unable to pay its debts
within the meaning of section 123 of the Insolvency Act 1986 or the
Buyer ceases to trade; or
(c)
the Buyer encumbers or in any way charges any of the Goods.
6.5 Fieger
shall be entitled to recover payment for the Goods notwithstanding that
ownership of any of the Goods has not passed from Fieger.
6.6 The
Buyer grants Fieger, its agents and employees an irrevocable licence at
any time to enter any premises where the Goods are or may be stored in
order to inspect them or, where the Buyer's right to possession has
terminated, to recover them.
7.
Price
7.1 Unless
otherwise agreed by Fieger in writing the price for the Goods shall be
the price set out in Fieger's price list published on the date of
delivery or deemed delivery. Fieger may make changes to its
published price list at any time.
7.2 The
price for the Goods shall be exclusive of any value added tax and all
costs or charges in relation to delivery.
7.3 Where
Fieger is unable to obtain credit insurance at a premium acceptable to
Fieger in respect of any order made by the Buyer, Fieger may require
50% of the price for the Goods to be paid within 14 days of its
acceptance of the Buyer’s order. The remaining 50% must be
paid to Fieger prior to delivery of the Goods.
8.
Payment
8.1 Payment
for the Goods is due within 30 days of the date of Fieger's invoice.
8.2 Time
for payment shall be of the essence.
8.3 No
payment shall be deemed to
have been received until Fieger has received cleared funds.
8.4 All
payments payable to Fieger under the Contract shall become due
immediately upon termination of this Contract despite any other
provision.
8.5 The
Buyer shall make all payments due under the Contract without any
deduction whether by way of set-off, counterclaim, discount, abatement
or otherwise unless the Buyer has a valid court order requiring an
amount equal to such deduction to be paid by Fieger to the Buyer.
8.6 If the
Buyer fails to pay Fieger any sum due under the Contract then (a) the
Buyer will be liable to pay interest to Fieger on such sum from the due
date for payment at the rate set by order of the Secretary of State
from time to time for the purposes of the Late Payment of Commercial
Debts (Interest) Act 1998 accruing on a daily basis until payment is
made, whether before or after any judgment and (b) Fieger may, without
prejudice to any available remedy and without prior notice to Fieger,
re-sell any Goods that have been appropriated to the Contract and which
Fieger has not paid for.
9.
Quality
9.1 Where
Fieger is not the manufacturer of the Goods, it will use reasonable
endeavours to transfer to the Buyer the benefit of any warranty or
guarantee given to Fieger.
9.2 Where
Fieger is the manufacturer of the Goods it warrants that (subject to
the other provisions of these Terms and Conditions) upon delivery, and
for a period of 12 months from the date of delivery, the Goods will:
(a)
be of satisfactory quality within the meaning of the Sale of Goods Act
1994;
(b)
be reasonably fit for any particular purpose for which the Goods are
being bought if the Buyer has made known that purpose to Fieger in
writing and Fieger has confirmed in writing that it is reasonable for
the Buyer to rely on the skill and judgement of Fieger.
9.3 Fieger
shall not be liable for a breach of any of the warranties in clause 9.2
unless:
(a)
the Buyer gives written notice of the defect to Fieger, and (if the
defect is as a result of damage in transit) to the carrier, within 7
days of the time when the Buyer discovers or ought to have discovered
the defect; and
(b)
Fieger is given a reasonable opportunity, after receiving the notice,
of examining such Goods and the Buyer (if asked to do so by Fieger)
returns such Goods to Fieger's place of business at the Buyer's cost
for the examination to take place there.
9.4 Fieger
shall not be liable for a breach of any of the warranties in clause 9.2
if:
(a)
the Buyer makes any further use of such Goods after giving such notice;
or
(b)
the defect arises because the Buyer failed to follow Fieger'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
Fieger.
9.5 Subject
to clauses 9.3 and 9.4 if any of the Goods do not comply with any of
the warranties in clause 9.2 Fieger shall at its option repair or
replace such Goods (or the defective part) or refund the price of such
Goods at the pro rata Contract rate provided that, if Fieger so
requests, the Buyer shall, at the Buyer's expense, return the Goods or
the part of such Goods which is defective to Fieger.
9.6 If
Fieger complies with clause 9.5 it shall have no further liability for
a breach of any of the warranties in clause 9.2 in respect of such
Goods.
9.7 Any
Goods repaired or replaced
will be guaranteed on these terms for the unexpired portion of the 12
month period.
10.
Limitation of liability
10.1 Subject to clause 9, the
following provisions set out the entire financial liability of Fieger
(including any liability for the acts or omissions of its employees,
agents and sub-contractors) to the Buyer in respect of:
(a)
any breach of these
Terms and Conditions; and
(b)
any representation, statement or tortious act or omission including
negligence arising under or in connection with the Contract.
10.2 All warranties, conditions
and other terms implied by statute or common law (save for the
conditions implied by section 12 of the Sale of Goods Act 1979) are, to
the fullest extent permitted by law, excluded from the Contract.
10.3 Nothing in these Terms and
Conditions excludes or limits the liability of Fieger for death or
personal injury caused by Fieger's negligence or fraudulent
misrepresentation.
THE BUYER'S ATTENTION IS IN
PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSE 10.4
10.4 Subject to clauses 10.2
and 10.3:
(a)
Fieger's total liability in contract, tort (including negligence),
breach of statutory duty, misrepresentation or otherwise, arising in
connection with the performance or contemplated performance of this
Contract shall be limited to the amount paid by the Buyer to Fieger
during the 12 month period immediately preceding the date of the claim;
and
(b)
subject to clause 10.4 (a), Fieger shall be liable to the Customer in
respect of direct loss or damage caused by the acts or omissions of
Fieger, its employees, agents or sub-contractors, other than Excluded
Loss. In this clause the expression “Excluded Loss”
means all special loss (whether or not the possibility of such loss
arising on a particular breach of contract or duty has been brought to
the attention of Fieger at the time of making the Contract) and all
third party claims, economic loss or other loss of business,
production, revenue, profit, goodwill or anticipated savings and loss
of data, whether arising in contract, tort, negligence, breach of
statutory duty or otherwise.
10.5 For the avoidance of
doubt, in no event shall either party be liable to the other for any
indirect or consequential loss of any nature and howsoever caused.
10.6 The Buyer acknowledges
that the prices charged by Fieger for the Goods have been calculated on
the basis that Fieger may rely upon the exclusions and limitations of
liability set out in this clause.
11.
Assignment
11.1 The Buyer shall not be
entitled to assign
the Contract or any part of it without the prior written consent of
Fieger.
11.2 Fieger
may assign the Contract or any part of it to any person, firm or
company.
12.
Force majeure
Fieger reserves the right to
defer the date of delivery or to cancel the Contract or reduce the
volume of the Goods ordered by the Buyer (without liability to the
Buyer) if it is prevented from or delayed in the carrying on of its
business due to circumstances beyond the reasonable control of Fieger
including, without limitation, acts of God, governmental actions, war
or national emergency, riot, civil commotion, fire, explosion, flood,
epidemic, lock-outs, strikes or other labour disputes (whether or not
relating to either party's workforce), or restraints or delays
affecting carriers or inability or delay in obtaining supplies of
adequate or suitable materials provided that, if the event in question
continues for a continuous period in excess of 90 days, the Buyer shall
be entitled to give notice in writing to Fieger to terminate the
Contract.
13.
Communications
13.1 All communications between
the parties about this Contract must be in writing and delivered by
hand or sent by pre-paid first class post:
(a)
(in case of communications to Fieger) to its registered office or such
changed address as shall be notified to the Buyer by Fieger; or
(b)
(in the case of the communications to the Buyer) to the registered
office of the addressee (if it is a company) or (in any other case) to
any address of the Buyer set out in any document which forms part of
this Contract or such other address as shall be notified to Fieger by
the Buyer.
13.2
Communications shall be deemed to have been received:
(a)
if sent by pre-paid first class post, 2 days (excluding Saturdays,
Sundays and bank and public holidays) after posting (exclusive of the
day of posting);
(b) if
delivered by hand, on the day of delivery.
13.3 Communications addressed
to Fieger shall be marked for the attention of the Managing Director.
14.
Right to cancel
14.1 If the Buyer is not acting
in the course of business when it buys the Goods at a distance it has
the right to cancel its order with Fieger without charge by notice in
writing to Fieger within 7 working days of delivery of the
Goods. This right may not apply where the Buyer purchases
from Fieger bespoke Goods made to the Buyer’s order. The
Buyer must, however, take reasonable care of the Goods and return them
to Fieger at its own cost.
14.2 If the Buyer is not acting
in the course of business when it buys the Goods at a distance Fieger
agrees to reimburse the Buyer, free of charge within 30 days of
notification of cancellation, the purchase price paid for the
Goods. Fieger reserves the right to charge the Buyer for the
cost of recovering any Goods that the Buyer does not return (which will
be by deduction from the purchase price).
15.
General
15.1 Each right or remedy of
Fieger under the Contract is without prejudice to any other right or
remedy of Fieger whether under the Contract or not.
15.2 If any provision of the
Contract is found by any court, tribunal or administrative body of
competent jurisdiction to be wholly or partly illegal, void, voidable,
unenforceable or unreasonable it shall to the extent of such
illegality, invalidity, unenforceability or unreasonableness be deemed
severable and the remaining provisions of the Contract and the
remainder of such provision shall continue in full force and effect.
15.3 Failure or delay by Fieger
in enforcing or partially enforcing any provision of the Contract will
not be construed as a waiver of any of its rights under the Contract.
Any waiver by Fieger of any breach of, or any default under, any
provision of the Contract by the Buyer will not be deemed a waiver of
any subsequent breach or default and will in no way affect the other
terms of the Contract.
15.4 Any person, firm or
company that is not a party to the Contract may not enforce any of its
terms under the Contracts (Rights of Third Parties) Act 1999 or
otherwise.
15.5 All
aspects of the Contract and these Terms and Conditions shall be
governed by English law and the parties irrevocably submit to the
exclusive jurisdiction of the English courts.
PRIVACY POLICY
IMPORTANT: By submitting personal data to us you agree that it may be processed by us in the manner described below.
If you have any questions about this privacy policy please contact us at bernt@louvrewindow.co.uk.
Introduction to Privacy Policy
This Privacy Policy describes our current policies and practices with regard to Personal Data collected by us from you. The term "Personal Data" refers to information about you personally that you may be asked to submit (e.g. name and email address).
As a result of changes in the law and technology, our data practices will change from time to time. When this happens we will post the changes on our website to notify you of the changes as soon as practicable. We encourage you to check this page frequently.
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Opt-out choice
If now or at any time in the future you decide that you do not wish to receive information from us please e-mail us at bernt@louvrewindon.co.uk or contact our data protection officer Rolf Bernt at Fieger Limited, Roach Down, Sutcombe, Devon EX22 7QN.
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We strive to maintain the reliability, accuracy, completeness and currency of Personal Data in our databases and to protect the privacy and security of our databases. Our servers and our databases are protected by industry standard security technology.
Any information you provide to us will only be used by us. However, your information may be disclosed where we are obliged or permitted by law. Also, if you post or send offensive, inappropriate or objectionable content on or to this site, or otherwise engage in any disruptive behaviour towards the site, we may use whatever information we hold to stop such behaviour.
We will hold your Personal Data within our systems for no longer than is reasonably necessary. We will ensure that all your Personal Data is held securely.
The employees who have access to Personal Data have been trained to handle such data properly and in accordance with our security protocols. Although we cannot guarantee against any loss, misuse, unauthorised disclosure, alteration or destruction of data, we take all reasonable steps to prevent this from happening.
Data Access and Corrections
Upon receipt of your written request and enough information to permit us to identify your Personal Data, we will disclose to you the Personal Data we hold about you. We will also correct, amend or delete any Personal Data that is inaccurate and notify any third party recipients of the necessary changes.
If you wish to access or correct your Personal Data or if you have any questions about this Privacy Policy or concerns about the way we process your Personal Data, please write to our data protection officer Rolf Bernt at Fieger Limited, Roach Down, Sutcombe, Devon EX22 7QN or e-mail us at bernt@louvrewindon.co.uk. We do not charge for complying with a correction request, however, for requests for Personal Data, we may charge a small fee to cover our costs.