When purchasing any product from this website please be aware that you will be subject to the following terms and conditions.

For the purposes of this document the terms "Our", "We", "Seller" refers to FAB Enterprises Ltd. (company incorporated in the United Kingdom) The terms "Customer", "you", "your" refer to you the Purchaser.  

TERMS AND CONDITIONS OF SALE

1. Payment. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any overdue amounts, then without prejudice to Seller's other rights and remedies (including suspension of pending shipments), Customer agrees to pay interest at the rate of 1-1/2% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then the highest rate allowed by law, calculated from the invoice date until paid in full. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable legal fees. Until such time as property in the products passes to Customer, Customer shall hold the products as Seller's fiduciary agent and bailee, shall keep the products separate and identifiable as those of Seller, and shall at its own expense immediately return the products to Seller or permit Seller and/or its representatives to repossess the products should Seller so request. A £15.00 collection fee will be charged for all dishonoured cheques.

2. Taxes. Unless otherwise stated on the face hereof, stated prices exclude any customs duties, excise or non European sales taxes but include UK Value Added taxe. All such duties and taxes shall be paid by Customer, but Customer shall not be liable to pay any tax to the extent it has complied with the relevant tax exemption requirements and delivered to Seller satisfactory documentary proof acceptable to Seller of exemption from such tax.

3. Title. Title to and property in any products passes from Seller to Customer only when Seller has received full payment of all sums then owed by Customer to Seller.

4. F.C.A and Risk of Loss. Unless otherwise stated on the face hereof, all shipments are F.C.A. Seller's U.K. facility. Seller's liability for delivery shall cease, and all risk of loss or damage shall pass to Customer upon delivery to carrier. Seller shall not be liable for any delay or failure to achieve any delivery or other date, all dates being estimates only. Customer may not cancel any order accepted by Seller or defer shipment of an accepted order without Seller's prior written approval.

5. Terms of Limited Warranty. Seller warrants to the Customer purchasing any products from Seller that all such products sold will be free from defects in materials and workmanship adversely affecting form, fit and function. (the "Limited Warranty"). The duration of the Limited Warranty shall be for one (1) year from the date of purchase. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the Customer who purchased such product and only while such Customer owns such product.

The foregoing Limited Warranty is granted to the initial Customer only and is nontransferable. Any claims under this warranty must be made before the end of the applicable warranty period. Seller's entire liability and Customer's exclusive remedy under this Limited Warranty is that Seller, at its option and expense, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, for any product covered by the Limited Warranty that is determined by Seller to be defective and in breach of that warranty. Seller reserves the right to substitute functionally equivalent new or serviceable used parts.

The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, usage not in accordance with product instructions, external reasons, improper installation, repairs made by anyone other than Seller or a Seller-authorised third-party service provider, or other causes outside the Seller's reasonable control.

6. Limitations. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS AND OTHER TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED TERMS OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND CONFORMITY TO MODELS OR SAMPLES. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT SELLER DOES NOT WARRANT THAT THE PRODUCT IS FREE OF CLAIMS OF PATENT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT BY ANY THIRD PARTY. SELLER HEREBY DISCLAIMS ANY SUCH WARRANTY OR INDEMNIFICATION AGAINST SUCH INFRINGEMENT.

EXCLUDING CASES WHERE LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED, IN NO EVENT SHALL SELLER OR ANY AFFILIATE BE LIABLE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES OF ANY KIND. IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION IS HELD INVALID FOR ANY REASON AND SELLER OR AN AFFILIATE BECOME LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, THAT LIABILITY, WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) WHICH CAUSED THE LOSS OR DAMAGE.

7. Inspection/Return procedures. Customer shall inspect the products within 21 days of receipt, such period being confirmed by Customer to be a reasonable period to examine the products for defects or shortfalls, and notify Seller promptly of any non-conformance. Failure to notify Seller within that 21-day period will constitute acceptance of the products for all purposes. No product may be returned for any reason without the prior approval of Seller. Customer is responsible for returning products to Seller at Customer's risk and expense. Prior to returning product(s) to Seller for warranty service, Customer must obtain a Return Material Authorisation ("RMA") number from Seller by calling Customer Service at +44 (0)870 7442 527. If Seller elects to replace such part pursuant to the Limited Warranty above, replacement parts will be shipped at Seller's expense, subject to availability, via a common air delivery service after the RMA number is obtained. Replacement parts may be refurbished or repaired. Seller shall not be responsible for failure of the delivery service to make on-time delivery. Customer must ship the product(s) to Seller in the original packaging, prepaid and insured, with the RMA number clearly identified on the packaging. Returned products should be shipped to the address issued with the RMA number.

Any product(s) returned to Seller shall become the property of Seller. If Seller determines that failure of the product(s) was not a result of a defect in materials or workmanship within the terms of the Limited Warranty, Seller reserves the right to charge Customer for parts and labour at Seller's then current charges rate. Seller will advise Customer prior to assessing these charges. Except as explicitly provided herein, Customer is not authorised to return product to Seller. If Seller elects to accept unauthorised returns, Seller may, in its sole discretion, charge a 20% restocking fee for parts returned plus the intial shipping cost.

8. Product/Component resale. Customer shall not engage in the business of reselling products purchased from Seller, or remove components from products for resale, except upon express prior written authorisation of Seller.

9. Assignment. Customer may not assign its rights or obligations hereunder without the express prior written consent of Seller.

10. Entire agreement. These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to its subject matter and expressly supersede and replace any prior or contemporaneous agreements and communications, whether written or oral, relating to the same, including any terms and conditions on any of Customer's documents or purchase orders. This agreement shall be binding upon the successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.

11. Governing law, jurisdiction and costs. This agreement is governed by the laws of England and Wales, without regard to its conflict or choice of law provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement. Customer acknowledges and agrees that England is an appropriate place for venue of any litigation and that English courts have exclusive jurisdiction over this agreement and Customer. In the event the Customer and Seller are unable to resolve any Customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable legal fees incurred.

12. Terms and Conditions. The provisions of this agreement are in lieu of and replace any and all terms and conditions set forth in any documents issued by Customer, including, without limitation, purchase orders and specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY SELLER, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON SELLER.