Floodplan - Terms and Conditions

These Terms and Conditions apply to all transactions between the Buyer and the Company. Please read them carefully. The Company may amend these Terms and Conditions at any time.

Definitions

The definitions and rules of interpretation in this condition apply in these conditions.

Buyer: The person or company who purchases Goods from the Company.
Company: Floodplan.
Contract: Any contract between the Company and the Buyer for the purchase of Floodplan Goods, incorporating these conditions.
Installation address: The place where installation of the Goods is to take place.
Goods: Any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

Application of Terms

  1. Subject to any variation the Contract shall be on these 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. These conditions apply to all the Company's sales and any variations to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company that is not set in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
  3. Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
  4. No order placed by the Buyer will be deemed to be acceptable by the Company until the Company, via e-mail or letter, has issued a written acknowledgement of order.
  5. The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
  6. Any quotation is given on the basis that no Contract shall come into existence until the Company dispatches an acknowledgment of order to the Buyer. Any quotation is valid for a period of 30 days from its date, provided that the Company has not previously withdrawn it.
  7. The quantity and description of the Goods shall be as set out in the Company's quotation or acknowledgment of order.

Prices and Payment

  1. The price for the Goods shall be the price set out in the Company's quotation and valid on the date of installation and will be inclusive of taxes and services as described therein.
  2. Payment of the price of the Goods is due in pounds Sterling and shall be accepted only by means of an authorised cheque or cash.
  3. Payment is due on presentation of invoice on the completion of fitting.
  4. No payment will be deemed to have been received until the Company is in receipt of cleared funds.
  5. In certain circumstances staged payments will be requested - this will be summarised within the Quotation.

Fitting

  1. The company includes within the quotation the price of fitting the door barrier frame, making of the door barrier and any airbrick covers and fixings that may have been ordered. The work will be carried out by Floodplan fitters.
  2. A mutually convenient appointment will be made for installation with the Company's fitters.
  3. When an appointment has been agreed the Buyer may give 24 hours notice of cancellation and another appointment will be arranged. If the buyer has not given 24 hours notice of cancellation and is not present at the premises at the agreed time, the Company will make a fee to the Buyer to cover the cost of the fitters travelling time which will be governed by the distance travelled and time spent travelling.
  4. The buyer agrees to sign a disclaimer, presented by the Company's fitters before fitting work begins, which authorises the Company's fitters to carry out fixings on the Buyer's property.

Cancellation of orders

  1. There is no penalty in the cancellation of an order providing the Buyer informs the Company at least 48 hours prior to installation. Failure to notify the Company without due notice will result in an administration fee of £75 being invoiced to the Buyer.

Quality

  1. Goods have a 5 year Floodplan warranty against defective materials/installation.
  2. Subject to agreement by the Company on inspection that Goods are defective, the Company will replace such Goods at its own cost.

Limitation of Liability

  1. The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
    • Any breach of these conditions;
    • Any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
    • Any representation, statement or tortuous act or omission, including negligence, arising under or in connection with the Contract.
  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.
  3. Nothing in these conditions excludes or limits the liability of the Company:
    • For death or injury caused by the Company's negligence; or
    • Under section 2(3), Consumer Protection Act 1987; or
    • For any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
    • for fraud or fraudulent misrepresentation
  4. The Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and.. The Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

Assignment

  1. The Company may assign the Contract or any part of it to any person, firm or company.
  2. The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

Force Majeure

  1. The Company reserves the right to defer the date of installation 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 the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, 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 45 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

General

  1. Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
  2. Any provision of these Terms which is, or may be, void or unenforceable will to the extent of such invalidity be deemed severable and will not affect any other provision of these Terms.
  3. No person who is not a party to these Terms will have any right to enforce any Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
  4. These Terms are to be governed by and construed in accordance with English law and the courts of the United Kingdom are to have exclusive jurisdiction to settle any dispute in connection with these Terms.