General Terms and Conditions Fonteyn LTD
Established in Leicester
Article 1. Applicability
1.1 These General Terms and Conditions of Sale apply to all offers, orders and agreements of Fonteyn Ltd to the exclusion of any other general terms and conditions.
1.2 Accepting an offer or placing an order means that the customer accepts the applicability of these Terms and Conditions
1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the other provisions will remain in full force and effect.
1.4 If it appears that one or more provisions in these General Terms and Conditions are null and void or voidable, the General Terms and Conditions will remain in force in all other respects. In the event of this situation, Fonteyn Ltd and the customer will enter into consultation with the aim of agreeing new provisions to replace the void or voided provisions.
1.5 If Fonteyn Ltd allows deviations from these Terms and Conditions, whether tacitly or otherwise, for a short or longer period of time, this shall not affect its right to demand immediate and strict compliance with these Terms and Conditions.
Article 2. Offers/agreements
2.1 All offers from Fonteyn Ltd are without obligation and Nationwide Fonteyn Ltd expressly reserves the right to change the prices.
2.2 An agreement is only concluded after acceptance of your order by Fonteyn Ltd is entitled to refuse orders or to attach certain conditions to the delivery.
2.3 Fonteyn Ltd cannot be held to its offers and/or quotations if the offer and/or quotation or any part thereof contains a mistake or error.
2.4 If the acceptance, whether or not on a minor point, deviates from the offer included in the offer and/or quotation, Fonteyn Ltd is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless Fonteyn Ltd indicates otherwise.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in pounds, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Payment can be made in (one of) the manner(s) as indicated during the ordering process. Additional(payment/order) conditions may be imposed on the order.
3.3 After expiry of the payment term, the customer is legally in default without notice of default. From the moment of default, the customer owes an interest of 2% per month on the amount due, unless the statutory interest is higher. If Fonteyn Ltd outsources its claim for collection, the customer will also owe the collection costs, which are at least 15% of the outstanding amount, without prejudice to Fonteyn Ltd’s authority to instead claim the extrajudicial collection costs actually incurred.
3.4 If the customer is in default with any payment, Fonteyn Ltd is entitled to suspend or dissolve (the execution of)the agreement concerned and related agreements.
3.5 If the prices for the products and services offered increase in the period between the order and its execution, the customer is entitled to cancel the order or to dissolve the agreement within ten days after notification of the price increase by Fonteyn Ltd.
Article 4. Delivery and agreement
4.1 The delivery times stated by Fonteyn Ltd are only indicative. Exceeding any delivery term does not entitle the customer to compensation or the right to cancel the order or to dissolve the agreement, unless the exceeding of the delivery term is such that the customer cannot reasonably be expected to maintain the agreement. left. In that case, the customer is entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
4.2 The delivery of the products takes place at the place and time at which the products are ready for shipment.
4.3 Fonteyn Ltd is authorized to make use of third parties for the execution of your order(s).
4.4 Fonteyn Ltd can cancel a purchase in the event of a move/ entry/writing or calculation errors.
Article 5. Retention of title
5.1 All goods delivered by Fonteyn Ltd in the context of the Agreement remain the property of Fonteyn Ltd until the customer has properly fulfilled and paid in full what is owed under the Agreement.
Article 6. Intellectual and industrial property rights
6.1 The customer must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by Fonteyn Ltd. Fonteyn Ltd does not guarantee that the products supplied to the customer products do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Force majeure
7.1 A shortcoming cannot be attributed to Fonteyn Ltd or the customer, as the shortcoming is not due to its fault, nor is it for its account by law, legal act or generally accepted standards. In this case, the parties are also not obliged to fulfill the obligations arising from the agreement.
7.2 In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in that area in law and jurisprudence, all external causes, foreseen or unforeseen, over which Fonteyn Ltd can exercise no influence and as a result of which Fonteyn Ltd is unable to is to fulfill its obligations.
7.3 Without prejudice to its other rights, Fonteyn Ltd has the right in the event of force majeure, at its own discretion, to suspend the execution of your order or to dissolve the agreement without judicial intervention, such by the customer notifying this. in writing and without Fonteyn Ltd being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
7.4 Force majeure is understood to mean any shortcoming that cannot be attributed to Fonteyn Ltd, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards.
Article 8. Liability
8.1 The execution of the agreement is entirely at the risk and responsibility of the customer. Fonteyn Ltd is only liable for direct damage caused by deliberate recklessness or intent on the part of Fonteyn Ltd, in addition, Fonteyn Ltd is only responsible for that which is recorded in the purchase invoice.
8.2 Fonteyn Ltd is never liable for indirect damage, in any case including consequential damage, loss of profit, lost savings, business interruption or immaterial damage of the customer. In addition, Fonteyn Ltd only accepts liability for the product itself, i.e. waiting times, stagnation costs, free hours / days taken, extra labor costs and any consequential damage are for the account of the customer.
8.3 Fonteyn Ltd is not liable for architectural defects in the customer’s home or buildings, storm damage and the consequences thereof and damage caused to cables and/or pipes in the ground, which were not known at the start of the work.
8.4 Fonteyn Ltd is not liable for damage, of whatever nature, because Fonteyn Ltd has acted on the basis of incorrect and/or incomplete information provided by the customer.
8.5 If Fonteyn Ltd should be liable for any damages, Fonteyn Ltd’s liability is limited to the amount up to a maximum of the amount stated in the invoice or to the amount to which the insurance affiliated by Fonteyn Ltd is entitled. Fonteyn Ltd bears in accordance with the insurance.
8.6 Any liability claim against Fonteyn Ltd lapses within one year after the customer became aware of the damaging event or could reasonably have been aware of it.
8.7 Fonteyn Ltd does not take any responsibility for sockets to which products supplied by Fonteyn Ltd are connected, i.e. the cable leading to the product, the thickness of the cable, the connections and the grounding must be installed and checked by a recognized installer.
Article 9. Complaints
9.1 The customer has the obligation to investigate upon delivery whether the products comply with the agreement. If this is not the case, Fonteyn Ltd must notify this in writing as soon as possible and in any event within seven working days after delivery, at least after observation was reasonably possible.
9.2 If it is demonstrated that the products do not comply with the agreement, Fonteyn Ltd has the choice to replace the products concerned with new products upon return or to refund the invoice value thereof. In the event of a refund, depreciation is taken into account based on a useful life of 5 years.
9.3 In any case, the warranty does not cover defects that occur in or are wholly or partly the result of: - nonobservance by the customer (or party/parties) engaged by the customer), and operation and maintenance, and installation instructions or other than foreseen normal use.
9.4 All guarantees only apply to the first owner, who made the purchase from Fonteyn Ltd
9.5 For products sold by Fonteyn Ltd as second-hand vehicles, a 3-month warranty applies if sold in working order.
9.6 Fonteyn Ltd grants a 1-year warranty on garden furniture and outdoor kitchens.
9.7 Fonteyn Ltd does not take any responsibility for: people hired in and on construction by the customer, even if these persons or companies have been recommended by Fonteyn Ltd. Explanation Spas and Saunas
9.8 Fonteyn Ltd grants a warranty of 2 years on the technical parts (pump, control unit, etc.) and 5 years on the shell of the spa from the date of installation. Jets, Cushions and Cover (lid) are excluded from warranty. The TV has a 6 month warranty. If the spa shell cracks / delaminates, the following warranty conditions apply: 1st year: 100% Warranty, 2nd year: 80% Warranty, 3rd year: 60% Warranty, 4th year: 40% Warranty, 5th year: 20% Warranty. The warranty lapses if one or more parts have broken down due to a malfunction / defect that is beyond Fonteyn Ltd’s control. at can. If this is not the case, the customer must take care of this. When exchanging a spa, the spa must be in such a way that it can be picked up by 2 installers with their standard spa tools, any crane costs are for the account of the customer.
9.9 Neither the supplier nor Fonteyn Ltd are responsible for incorrect installation, incorrect use or changes carried out by the customer.
9.10 Changes are understood to mean any action that can lead to a breakdown of the spa / sauna or any part thereof, or that makes the operating system unsafe. Damage caused by incorrect support is not covered by the warranty. The customer of the spa / sauna is at all times responsible for the correct condition of the support. Misuse means any use of the spa that is not in accordance with the manual or use of the spa/sauna for purposes for which it was not designed.
9.11 Spas and saunas sold by Fonteyn Ltd as used cars are covered by a 3-month warranty, provided they are sold in working order.
9.12 For the non-acrylic spas, including inflatable spas, Fonteyn Ltd grants a warranty of 2 years on the electrical parts, and 3 months on all other parts of the spa. Explanation Swimming pools
9.13 Fonteyn Ltd grants a 5-year warranty on the watertightness of polyester swimming pools and a 10-year warranty on the water- tightness of polypropylene swimming pools.
9.14 Fonteyn Ltd does not provide a guarantee on discoloration and osmosis in swimming pools, nor isFonteyn Ltd liable for construction and installation errors and the consequences thereof. Explanation Garden houses, Verandas.
9.15 Fonteyn Ltd provides a one-year warranty on roofing waterproofing and sealant work.
9.16 Fonteyn Ltd grants a 10-year warranty on wood rot for garden houses impregnated under high pressure; this warranty expires at 10% per year. This is provided that the garden house is mounted on composite foundation beams.
9.17 When Fonteyn Ltd carries out assembly, the customer must observe the following: - the site must be easily accessible and free of obstacles;
- the surface must be completely paved and must be flat and level;
- resurfacing of removed paving for foundation blocks is for the account of the customer;
- connection and materials to sewerage is at your own expense;
- the customer is responsible for the necessary permits;
- additional work that proves necessary will be charged to the customer.
Article 10. Privacy
10.1 Fonteyn Ltd will keep the data and information that the customer provides to Fonteyn Ltd with care and confidentiality. Fonteyn Ltd may use this information to contact you again in the future.
10.2 If, on the basis of a statutory provision or a court decision, Fonteyn Ltd is obliged to provide confidential information to third parties, and Fonteyn Ltd cannot invoke a right of non- disclosure recognized or permitted by law or by the competent court in this regard, then Fonteyn Ltd is not obliged to pay compensation or compensation. The customer is also not entitled to dissolve the Agreement on the basis of any damage that has arisen as a result.
4.1 Delivery times stated by Fonteyn LTD are indicative only. Exceeding of any delivery date does not entitle the customer to any compensation, nor does it entitle the customer to cancel the order or terminate the agreement, unless the exceeding of the delivery date is such that the customer cannot reasonably be required to maintain the agreement. The customer is in that case entitled to cancel the order or to dissolve the agreement as far as necessary.
4.2 Delivery of the products takes place at the place and time when the products are ready for shipment.
4.3 Fonteyn B.V. is authorized to make use of third parties in the execution of your order(s).
4.4 In case of typing/importing/writing or calculation errors, Fonteyn LTD can undo a purchase.
Article 5. Retention of title
5.1 All items delivered by Fonteyn LTD under the Agreement will remain the property of Fonteyn LTD until the customer has properly fulfilled and fully paid what he is due under the Agreement.
Article 6. Intellectual and industrial rights of ownership
6.1 The customer must fully and unconditionally respect all intellectual and industrial rights of ownership attached to the products delivered by Fonteyn LTD. Fonteyn LTD does not warrant that the products delivered to the customer do not infringe any (unwritten) intellectual and/or industrial right of ownership of third parties.
Article 7. Force Majeure
7.1 Any failure can not be attributed to Fonteyn LTD or the customer, as the failure is not due to his fault, nor under law, legal act or generally accepted practice. In this case the parties are also not bound to fulfill the obligations arising from the agreement.
7.2 In these General Terms and Conditions, force majeure is defined, in addition to what is understood in the relevant laws and case law, as all external causes, foreseen or unforeseen, on which Fonteyn LTD cannot exercise any influence and as a result of which Fonteyn LTD is not able to fulfill the obligations.
7.3 Notwithstanding its other rights, Fonteyn LTD has the right in case of force majeure, at its own choice, to suspend the delivery of your order, or to dissolve the agreement without judicial intervention, by notifying the customer in writing and without Fonteyn LTD being liable for any damages, unless under the given circumstances this would be unacceptable according to standards of reasonableness and fairness.
7.4 Force majeure is any failure that cannot be attributed to Fonteyn LTD, because it is not due to its fault, and not under the law, legal act or generally accepted practice.
Article 8. Liability
8.1 The performance of the agreement is entirely at the risk and responsibility of the customer. Fonteyn LTD is only liable for direct damage that is caused by deliberate recklessness or intent of Fonteyn LTD, besides that Fonteyn LTD is only responsible for what is stated in the purchase order.
8.2 Fonteyn LTD is never liable for indirect damage, including in any case consequential damage, lost profit, lost savings, business stagnation or immaterial damage of the customer. In addition, Fonteyn LTD only takes responsibility for the product itself, or in other words: waiting times, stagnation costs, taken free hours/days, extra labour costs and possible consequential damage are for the account of the customer.
8.3 Fonteyn LTD is not liable for structural defects to the house or buildings of the customer, storm damage and its consequences and damage to cables and/or pipes in the ground, which were not known at the start of the work.
8.4 Fonteyn LTD is not liable for damage of any kind, because De Fonteyn B.V. has relied on incorrect and/or incomplete information provided by the customer.
8.5 Whenever Fonteyn LTD would be liable for any damage, the liability of De Fonteyn LTD. is limited to the amount of the invoice or to the amount that the insurance of Fonteyn LTD gives claim to, increased with the own risk that Fonteyn LTD carries in accordance to the insurance.
8.6 Each liability claim towards Fonteyn LTD expires within one year after the customer became aware of the damage causing fact, or reasonably could have been aware of it.
8.7 Fonteyn LTD takes no responsibility whatsoever for socket outlets to which products delivered by Fonteyn LTD are connected, or the cable leading to the product, the thickness of the cable, the connections and grounding must be installed and checked by a certified installer.
Article 9. Complaints
9.1 The customer has the obligation to examine whether the products meet the agreement upon delivery. If this is not the case, Fonteyn B.V. must inform the customer in writing, stating reasons, as soon as possible and in any event within seven working days after delivery, or after detection was reasonably possible.
9.2 If it is proven that the products do not comply with the agreement, Fonteyn LTD has the choice to replace the products concerned by new products against their return or to refund the invoice value. In case of a refund, depreciation based on a life span of 5 years will be taken into account.
9.3 In any case, the guarantee does not cover defects that occur in or are wholly or partially the result of - the non-observance by the customer (or by the party/parties engaged by the customer), and operation and maintenance, and installation instructions or other than the foreseen normal use.
9.4 All warranties apply only to the first owner, who has made the purchase from Fonteyn LTD
9.5 For products that are sold by Fonteyn LTD as occasions, a 3 month warranty applies if sold as a functioning product.
9.6 Fonteyn LTD gives a 1 year warranty on garden furniture and outdoor kitchens.
9.7 Fonteyn assumes no responsibility for: installation and assembly people hired by the customer, even if these people or companies are recommended by Fonteyn.
Note at Spas and Saunas
9.8 Fonteyn B.V. gives a warranty of 2 years on the technical components (pump, control unit etc.) and 5 years on the spa shell from the date of installation. Jets, pillows and cover are excluded from warranty. On a TV, the warranty is 6 months. If the spa shell tears / delaminates the following warranty conditions: 1st year: 100% Warranty, 2nd year: 80% Warranty, 3rd year: 60% Warranty, 4th year: 40% Warranty, 5th year: 20% Warranty. The warranty is void if one or more components are damaged by a fault / defect that is caused outside the control of De Fonteyn B.V. Also, the spa / sauna must be free all around so that the mechanic on all sides of the spa / sauna can easily reach. If this is not the case, the customer must take care of this. When exchanging a spa, the spa must be so that it is by 2 installers with their standard spa tools to retrieve, any crane costs are borne by the customer.
9.9 Neither the supplier nor Fonteyn LTD are responsible for any incorrect installation, misuse or modifications made by the customer.
9.10 Modifications are defined as any action that may result in a failure of the spa / sauna or any part thereof, or that makes the control system unsafe. Damage caused by improper support is not covered by the warranty. The customer of the spa / sauna is responsible for the correct condition of the support at all times. Misuse means any use of the spa that is not in accordance with the manual or use of the spa / sauna for purposes for which it is not designed.
9.11 For spas and saunas that are sold by Fonteyn LTD as an occasion / showroom model, a 3 month warranty applies if sold in working order.
9.12 For the non-acrylic spas including inflatable spas De Fonteyn B.V. grants a warranty of 2 years on the electrical parts, and 3 months on all other parts of the spa.
Note Swimming Pools
9.13 Fonteyn B.V. gives a 5-year warranty on the water tightness of polyester pools and a 10-year warranty on the water tightness of polypropylene pools.
9.14 Fonteyn B.V. does not warrant discoloration and osmosis of swimming pools, and is never liable for assembly and installation errors and their consequences.
Note Garden houses, Veranda's
9.15 Fonteyn LTD gives a one-year warranty on the water tightness of roofing and kit work.
9.16 Fonteyn LTD gives a 10-year warranty on wood rot for pressure impregnated summerhouses; this warranty is decreasing by 10% per year. This is on the condition that the summerhouse is mounted on composite foundation beams.
9.17 9.17 When Fonteyn LTD performs assembly, the following matters must be observed by the customer:
- the site must be easily accessible and free of obstacles;
- the ground must be completely paved and must be flat and level;
- re-paving of removed pavement for the purpose of foundation blocks (pillars) is at the expense of the customer;
- connection and materials to sewage system is at own expense;
- the customer is responsible for obtaining the necessary permits;
- extra work that proves necessary will be charged to the customer.
Article 10. Privacy
10.1 The data and information provided by the customer to Fonteyn LTD. Fonteyn LTD will keep the data and information provided by the customer to Fonteyn LTD careful and confidential. Fonteyn LTD may use these data to contact the customer again in the future.
10.2 If on the basis of a legal provision or a judicial decision Fonteyn LTD is required to provide confidential information to third parties, and Fonteyn LTD cannot appeal to a legal or by the competent judge acknowledged or allowed right to refuse to give evidence, then Fonteyn LTD is not required to pay damages or compensation. Nor is the customer entitled to rescind the Agreement on the basis of any damage caused by this.
Article 11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by UK law. All disputes between parties will be exclusively submitted to the competent court in the UK.