Contract means the agreement between Fireshield Scotland and the Purchaser for the provision of Products and/or Services incorporating these Conditions.
Force Majeure means any circumstances beyond a party’s reasonable control including, without limitation, acts of God, strikes, war or terrorism.
Intellectual Property Rights means trade marks, patents, designs, copyrights, database rights, confidential information and similar rights in the UK and abroad.
Purchaser means the person or organisation entering into a Contract with Fireshield Scotland.
Products means products provided by Fireshield Scotland.
Services means services provided by Fireshield Scotland.
Delivery Date means the estimated delivery date of Products.
Price means the cost of Products and/or Services.
Third Party Materials means materials sourced from third parties for inclusion in Products.
1.1 The singular includes the plural and vice versa. References to persons include companies or other legal entities. Headings are for convenience only.
1.2 Any order for Products and/or Services constitutes an offer and the Contract is formed upon acceptance, invoicing or commencement of work.
1.3 These Conditions override any Purchaser terms unless agreed in writing.
1.4 Any additional Purchaser terms do not form part of the Contract.
Any quote or estimate is valid for 30 days.
Fireshield Scotland may require advance payment for outlays including Third Party Materials.
2.1 The Purchaser shall reimburse reasonable expenses incurred.
2.2 Interest applies to overdue payments in accordance with applicable legislation or agreed rates.
2.3 Fireshield Scotland may increase prices due to increased costs, specification changes or delays caused by the Purchaser.
2.4 Prices exclude VAT.
3.1 Delivery dates will be advised following acceptance.
3.2 Delivery is subject to payment and required approvals.
3.3 Delivery dates are estimates only.
3.4 Delivery occurs upon electronic issue of Products or completion of Services.
4.1 Orders cannot be cancelled.
4.2 Claims for defects must be made within 30 days of delivery.
5.1 The Purchaser warrants that all information provided is accurate, lawful and does not infringe third-party rights, and indemnifies Fireshield Scotland accordingly.
6.1 Fireshield Scotland may source Third Party Materials subject to a fee.
6.2 Reasonable skill and care will be used in providing Products and Services.
6.3 Fireshield Scotland is not liable for third-party services or recommendations.
6.4 Liability is limited to fixing defects.
6.5 No responsibility for loss or damage to materials supplied by the Purchaser.
6.6 No guarantee of domain availability.
6.7 All warranties excluded to the fullest extent permitted by law.
6.8 Total liability shall not exceed the Price.
7.1 Fireshield Scotland retains ownership of intellectual property and grants a limited licence upon full payment.
8.1 Fireshield Scotland may terminate the Contract for breach or insolvency.
9.1 Payment must be made in full without deduction.
10.1 Liability is limited to the Price.
10.2 No liability for indirect or consequential losses.
10.3 Liability for death or personal injury is not excluded.
11.1 The Purchaser must keep Fireshield Scotland information confidential.
12.1 Rights cannot be assigned without prior written consent.
13.1 The Purchaser is responsible for all applicable taxes and duties.
14.1 Scots law applies and disputes fall under the jurisdiction of the Scottish Courts.
15.1 Neither party shall be liable for failure to perform due to Force Majeure. Contracts may be terminated if disruption continues beyond 90 days.
