On this page, you will find a standard version of the Passive Fire Products Web Site Terms and Conditions. Please note that different terms and conditions may apply in certain countries.
Passive Fire Products is a trading name of Passive Fire Products (UK) Ltd.
Company Registration Number: 09726783
VAT Number: 216 5893 87
The Terms and Conditions of use of the Passive Fire Products Web Site are as follows:
Please read the Terms carefully before ordering any Products from our Websites. You should understand that by ordering any of our Products, you agree to be bound by the Terms.
Please click on the button marked "I Accept" at the end of the checkout process if you accept them. If you refuse to accept the Terms, you will not be able to order any Products from our Websites.
This website - www.passivefireproducts.com - is owned and operated by ATOL Construction Ltd. The information herein is provided free of charge and is intended to provide helpful information.
This information cannot be taken as comprehensive and should never be used as a substitute for professional advice. Despite our best endeavours, it is possible that some of the information may be out of date and we also cannot guarantee that the information applies to your individual situation.
Passive Fire Products cannot take any responsibility for the consequences of errors or omissions.
Any reliance you place on information found on this site or linked to on third-party websites will be at your own risk.
Passive Fire Products (ATOL Construction Ltd), its agents and employees, are not liable for any losses or damages arising from your use of this site, other than in respect of death or personal injury caused by their negligence or in respect of fraud.
Links contained in this website will lead to other websites and, although they will have been individually checked, they are not under our control. We are not responsible for the content of any linked third-party website and cannot take responsibility for the consequences of your using the information or services on third-party linked websites or that the links will work all the time.
E&OE. Passive Fire Products reserve the right to change specifications, prices & packaging without prior notice
1.1 The Websites are directed at United Kingdom resident customers only. If you are not a United Kingdom resident DO NOT USE THIS SITE. If you choose to do so, we reserve the right to refuse to supply our Products to you without reason.
1.2 Some of these Terms apply to consumers only; some apply to business customers only. Those Terms are marked as such.
1.3 All other Terms apply to all customers.
1.4 You are classified as a business customer if you indicate to us that the Products supplied by us will be used in the course of your business or if you use the Products in the course of your business.
1.5 If you are not a business customer, you are a consumer. You have certain statutory rights as consumers which are not affected by these Terms. Contact your local trading standards office for more information.
2. Your status AND ORDER
2.1 By placing an order through our site, you warrant that:
2.1.1. you are legally capable of entering into binding contracts; and
2.1.2. you are at least 18 years old.
2.2 You agree in respect of your order that:
2.2.1. all details contained in the order are up-to-date, materially accurate and sufficient for us to fulfil your order; and
2.2.2. Products prepared in accordance with any specifications or instructions set out by you in the order will be fit for the purpose for which you intend to use them.
3. Contract formation
3.1 All prices, quotations, specifications and descriptions made or referred to on the Websites are subject to availability and do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.
3.2 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
4.1 Consumers only: You may cancel your contract at any time without reason within seven working days, beginning on the day after you received the Products (the “cooling off period”). If you do cancel within this cooling off period, you will receive a full refund of the price paid for the Products. This excludes items which are 'specials' or specially ordered.
4.2 Consumers only: To cancel your contract, you must inform us in writing.
4.3 Where you are in possession of the Products ordered, you must return the Products to us as soon as reasonably practicable, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. All Products must be securely packaged and where we arrange for collection of the Products, the consigned carriage is to be paid for by you. If you fail to comply, we may have a right of action against you for compensation. Due to the nature of the coatings we can not accept returns of any of the liquids on our site.
4.4 Consumers only: Upon the expiry of the cooling-off period you may not cancel the contract unless we agree in writing and clause 4.5 shall apply. You will have no further claims against us under the contract if the contract is cancelled.
4.5 If the contract is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
4.6 We may suspend or cancel the contract, by written notice if:
4.6.1. you fail to pay us any money when due (under the contract or otherwise);
4.6.2. you become subject to insolvency or administration proceedings (being a company), or are subject to a bankruptcy petition or order (being an individual);
4.6.3. you fail to honour your obligations under the Terms.
5.1 All delivery times quoted are estimates only.
5.2 If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:
5.2.1. you may not cancel if we receive your notice after the Products have been dispatched; and
5.2.2. if you cancel the contract, you can have no further claim against us under that contract.
5.3 If you accept delivery of the Products after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the Products).
5.4 We may deliver the Products in instalments. Each instalment is treated as a separate contract.
5.5 We may decline to deliver the Products if:
5.5.1. we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
5.5.2. the premises (or the access to them) are unsuitable for our vehicles.
6. Risk and title
6.1 The Products are at your risk from the time of delivery.
6.2 Delivery takes place either:
6.2.1. at our premises (if you are collecting them or arranging carriage); or
6.2.2. at your premises or address specified by you (if we are arranging carriage).
6.3 You must inspect the Products on delivery. If any Products are damaged or not delivered, you must write to tell us within three working days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged Products.
6.4 Business and Consumers: Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including but not limited to any delivery charges. Until ownership of the Products passes to you, you shall hold the Products for us.
6.4.1 you shall store the Products separately from property belonging to third parties and in such a way that they are clearly identifiable as our property;
6.4.1. you shall have in place and maintain insurance for the Products (for such risks as would a prudent owner would insure) and hold the insurance policy on trust for us; and
6.4.2. we are granted access to enter any premises where the Products may be stored at any time to inspect them.
7. Price and payment
7.1 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery. We reserve the right to review prices even after a transaction has been completed. If a price has been displayed in error, the user will be entitled to a refund and cancellation or to re-order at the correct price.
7.2 Our quotations will lapse after 30 days.
7.3 Unless otherwise stated, the price quoted includes delivery within our normal delivery area during standard delivery hours (which are 8:00 am to 5:00 pm Monday to Friday excluding public holidays).
7.4 Business customers only: unless otherwise stated, the price quoted to you is an illustrative estimate only and the price charged will be our price current at the time of delivery.
7.5 Business customers only: rates of tax and duties on the Products will be those applying at the time of delivery.
7.6 Business customers only: at any time before delivery we may adjust the price to reflect any increase in our costs of supplying the Products.
7.7 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.
7.8 Payment for all Products must be by credit or debit card unless agreed otherwise. We accept all major credit and debit cards.
7.9 If using a non-UK registered card then you must use world pay to purchase your items.
8.1 We warrant that the Products are free from material defects at the time of delivery (as long as you comply with clause 8.4).
8.2 Business customers only: we give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the Products or their fitness for any purpose.
8.3 Consumers only: the warranty in clause 8.1 is in addition to your statutory rights and the following limitations of liability are subject to such statutory rights.
8.4 If you believe that we have delivered Products which are defective in material or workmanship, you must:
8.4.1. inform us (in writing), with full details within 3 working days; and
8.4.2. allow us to investigate (we may need access to your premises and product samples).
8.5 If the Products are found to be defective in material or workmanship (following our investigations), and you have complied with the conditions (in clause 8.4) in full, we will (at our option), repair the Products, replace the Products or refund the price.
8.6 We are not liable for any other loss or damage arising from the contract or the supply of the Products or their use, even if we are negligent, including but not limited to;
8.6.1. direct financial loss, loss of profits or loss of use; and
8.6.2. indirect or consequential loss.
8.7 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £10,000,000.
8.8 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the Products.
8.9 Nothing in these Terms restricts or limits our liability for death or personal injury resulting from negligence.
8.10 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
9. Return of the products
9.1 Other than under clause 4, under no circumstances may Products supplied by us be returned without our prior written consent. Such consent will only be provided by us if you provide an advice note stating the reason for the return together with the invoice reference number and date of invoice. There are no returns on coating.
9.2 Should you provide such an advice note as referred to in clause 9.1 then our written consent will be provided in the form of a collection note. Under no circumstances may Products be returned without the issue of a collection note by us. Any collection note issued does not constitute an agreement to raise a credit note for the Products in question.
9.3 All Products returned must be securely packed and unless we have arranged collection, consigned carriage must be paid by the customer.
9.4 Should we be required to raise a credit note for Products which are returned, we reserve the right to levy a handling charge which dependent upon the circumstances of the return may be up to 25% of the total invoice amount.
9.5 Products which have been supplied by us to special requirements will not be returned for credit under any circumstances, unless found to be defective when delivered.
10. Written communications
You accept that communication with us will be mainly electronic. We may contact you by e-mail or provide you with information by posting notices on our Websites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be signed by you and in writing and sent to Passive Fire Products 32-40 The Workshop Tontine Street Folkestone Kent CT20 1JU . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our Websites, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. Service by fax is not accepted.
12. Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1. strikes, lock-outs or other industrial action;
13.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5. impossibility of the use of public or private telecommunications networks; and
13.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
16.1 These Terms constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.2 We each acknowledge that, in entering into a contract; neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in the Terms (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.
16.5 The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or who you reasonably believe to be) our authorised representative and either:
16.5.1. contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
16.5.2. which expressly state that you may rely on them when entering into the contract.
17. Our right to vary these terms
17.1 We have the right to revise and amend these Terms.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before delivery of the Product (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. THIRD PARTY RIGHTS
No contract will create any rights enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as buyer or seller.
19. TRANSFER OF INFORMATION
We may transfer personal information about you to those we may appoint to administer your account or recover amounts owing, which may include, for example, passing information about you to our insurers, debt recovery agents and solicitors, if you fail to pay us.
20. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
The copyright in this publication is owned by Passive Fire Products
Authorisation to Reproduce
Any person may reproduce any portion of the material in these web pages subject to the following conditions:
The material may be used for information and non-commercial purposes only
It may not be modified in any way
No unauthorised copy is made of any Passive Fire Products trademark
Any copy of any portion of the material must include the following copyright notice: Copyright © 2010 Ltd. All Rights Reserve Passive Fire Products (UK) Ltd.
Passive Fire Products Trademarks
Passive Fire Products, are trademarks of Passive Fire Products. No license to use any of these trademarks is given or implied. these trademarks may not be copied, downloaded, reproduced, used, modified or distributed in any way (except as an integral part of an authorised copy of material appearing in these web pages, as set forth in the previous section paragraph) without prior written permission.
Other Trademarks and Trade names
All other trademarks or trade names referred to in these materials are the property of their respective owners.
Passive Fire Products wants your feedback and appreciates your ideas and suggestions but is unable to answer every comment individually. Passive Fire Products will be free to use and act on any information you submit.
Use of Interactive features on this site
For your convenience, Passive Fire Products may provide interactive features on this site, such as access to tracking and user comments. You are authorized to use these features solely for the purposes specified and for no other purposes.
Accuracy of this site/Disclaimer
These web pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at Passive Fire Products’s discretion, as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The Internet is maintained independently at multiple sites around the world and some of the information accessed through these web pages may originate outside of Passive Fire Products. Passive Fire Products excludes any obligation or responsibility for this content.
Passive Fire Products makes all reasonable attempts to exclude viruses from these web pages, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information from these web pages.
Disclaimer of Warranties
THE SERVICES, THE CONTENT AND THE INFORMATION ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS. Passive Fire Products, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. Passive Fire Products, ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES, CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE Passive Fire Products WEB SITE OR SYSTEMS. NO INFORMATION OBTAINED VIA THE TMCH SYSTEMS OR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY Passive Fire Products IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, THESE PROVISIONS DO, NOT AFFECT YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Passive Fire Products , ITS AFFILIATES OR LICENSORS OR ANY THIRD PARTIES MENTIONED AT THE TMCH WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE Passive Fire Products WEBSITE AND Passive Fire Products SYSTEMS, SERVICES, CONTENT OR INFORMATION WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TMCH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL TMCH'S TOTAL LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED EUR100.00. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Disclosure of information
All information provided to Passive Fire Products by visitors to these web pages is considered to be confidential and will not be disclosed by Passive Fire Products to any third party except as may be required for the provision of the services.
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