Terms & Conditions
Terms and Conditions
Welcome to FST Shop!
These terms and conditions outline the rules and regulations for the use of Fire & Security Techniques ‘s online store located at https://shop.fst.co.za/staging/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use FST Shop if you do not agree to take all of the terms and conditions stated on this page.
PRICE
The Price payable for the Goods shall be the price specified in the online store provided that Fire and Security Techniques may at any time before delivery, without notice, increase the Price.
The Price is exclusive of Value Added Tax and the Customer shall pay Value Added Tax in respect of the Price at the standard rate prevailing at the date of delivery, together with all other taxes, duties or imports arising in connection with the sale.
ORDERS
No order shall be binding on Fire and Security Techniques unless and until expressly accepted by Fire and Security Techniques in writing. No order given may be cancelled or amended unless agreed by Fire and Security Techniques in writing.
PAYMENT
Payment of the Price shall be made in the currency stipulated on the Fire and Security Techniques online store.. All payments shall be made in full without deduction in respect of any right of set-off or counter-claim. If the Customer fails to make due payment under the Contract, Fire and Security Techniques shall be entitled to treat the Contract as repudiated by the Customer
RISK
All risk in the Goods shall pass to the Customer on delivery.
DELIVERY
The Customer shall promptly, on request made at any time by Fire and Security Techniques, provide Fire and Security Techniques with any information or instruction it may require in order to supply the Goods.
Normal delivery terms are ex-works, despatch from Fire and Security Techniques works shall be deemed to be delivered to the Customer unless the Order states otherwise.
Where the Contract provides that delivery is Fire and Security Techniques’s responsibility:
Any delivery time indicated by Fire and Security Techniques is an estimate only and not an essential term of the Contract.
Fire and Security Techniques shall deliver the Goods to the agreed delivery address. Delivery shall be deemed to take place when the Goods arrive at the Delivery Address (before unloading).
Fire and Security Techniques shall not be liable for any damage to, deterioration in, or partial loss of the Goods in transit if the matter should have been apparent on a reasonable examination of delivery, unless Fire and Security Techniques receives written notice thereof from the Customer within 7 (seven) days of delivery.
Where Fire and Security Techniques has made part delivery of the Goods, it will not be taken under any circumstances to have agreed to waive any lien or right of retention on the remainder of the Goods or to give up possession of the whole of the Goods unless expressly so agreed in writing.
Where the Customer has rejected any of the Goods or notified any damage or deterioration under this clause 6, the Customer shall, if requested to do so by Fire and Security Techniques, return the Goods to Fire and Security Techniques within 7 (seven) days of such request.
RETENTION OF TITLE
Notwithstanding delivery and the passing of risk, property in and title to, the Goods shall remain with Fire and Security Techniques and shall not pass to the Customer until Fire and Security Techniques has received payment of the full price of (a) all Goods the subject of this Contract and
(b) all other Goods supplied by Fire and Security Techniques to the Customer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between Fire and Security Techniques and the Customer.
During such time as the property in the Goods remain in Fire and Security Techniques the Customer shall store the Goods separately from all other goods and in such a way as clearly to indicate at all times that the said property remains in Fire and Security Techniques. Fire and Security Techniques’s representatives shall be allowed to enter at all reasonable times upon any land or buildings on or in which the Goods may be situated for the purpose of inspecting the way in which the Goods are being kept.
During such time as the property in the Goods remains in Fire and Security Techniques, the Customer in possession of the Goods shall hold the Goods as bailee of Fire and Security Techniques and shall have power to deal with the Goods in normal course of its business.
INTELLECTUAL PROPERTY
All patent, design, trademark, service mark, copyrights and other industrial or intellectual property rights of Fire and Security Techniques or its suppliers of whatever nature in respect of the Goods, any of their constituent parts, their packaging or other material supplied with the Goods shall remain the absolute property of and vested in Fire and Security Techniques.
The Customer shall indemnify and keep indemnified Fire and Security Techniques against any and all loss, damage, claims costs and expenses whatsoever suffered or incurred by Fire and Security Techniques in connection with any infringement of any patent, design, trademark, service mark, copyright or other industrial on intellectual property right of any other person in connection with Fire and Security Techniques’s use or application in relation to the Goods or possession of any material or information or instruction supplied by the Customer in relation to the Goods.
WARRANTY
Fire and Security Techniques warrants that save only as provided in the Conditions the Goods will on delivery correspond with Fire and Security Techniques’s specification in respect of them current at the time of delivery.
Fire and Security Techniques warrants to the applicant that the goods purchased by it from Fire and Security Techniques will be free from defects in materials and workmanship for the period stated and provided by its suppliers.
Fire and Security Techniques shall not be liable to the above point if:
- The Customer makes any further use of the Goods after giving notice.
- The defect arises because the Customer failed to follow Fire and Security Techniques’s oral or written instructions as to the installation, use, maintenance or cleaning of the Goods or (if there are none) good trade practice;
- The Customer alters or repairs the Goods without Fire and Security Techniques’s prior written consent;
- The defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage or working conditions. For example, the Customer will be responsible for replacing parts that are expected to have a limited working life, such as batteries and rubber seals;
The defect arises as a result of electrical or power supply failure.
Any notice of defect in the condition or performance of the Goods given by the Customer shall be made in writing to Fire and Security Techniques within a reasonable time of discovery. The benefit of the warranty is not transferable.
RETURNS
No return of Goods shall be accepted without a Returns Material Authorisation (RMA). All Non-Warranty returns will be subject to a discretionary handling fee. Please refer to Fire and Security Techniques’s RMA process for complete details.
LIABILITY
Save only as provided in these Conditions Fire and Security Techniques shall not be liable for any defect in the Goods caused by the manufacture of the Goods in accordance with any material, information or instruction supplied or provided by the Customer. The Customer shall indemnify and keep indemnified Fire and Security Techniques against any and all loss, damage, claims, costs and expenses suffered or incurred by Fire and Security Techniques in connection with any such defect.
Save only as provided in these Conditions Fire and Security Techniques shall not in any event be liable for any special, indirect or consequential loss, damage, costs or claims including but not limited to loss or damage resulting from negligence and loss of profit or revenue.
Fire and Security Techniques’s aggregate liability to the Customer in respect of any and all causes of action arising at any time in connection with the Goods, the Contract or its other subject-matter shall not exceed 125% of the price of the defective goods, which sum the Customer agrees is reasonable.
These conditions shall not exclude, restrict or limit any liability the exclusion, restriction or limitation of which is for the time being prohibited by legislation or any right or remedy in respect of any such liability.
Each of the exclusions, restrictions and limitations of Fire and Security Techniques’s liability in these Conditions shall be separate and severable from every other such exclusion, restriction or limitation. If a court or competent jurisdiction finds any such exclusion, restriction or limitations to be unenforceable to any extent the exclusions, restrictions and limitations shall save to such extent remain in full force and effect.
USE AND SAFETY
The Goods are designed only for use in accordance with Fire and Security Techniques’s operating and maintenance instructions in relation to the Goods at the time of delivery. Fire and Security Techniques warns that use, repair or adaption of the Goods in any other manner may result in damage to the Goods or other property and/or affect the safety of the Goods.
Save only as provided in these Conditions Fire and Security Techniques shall not be liable for any loss or damage caused wholly or partly by the fitment to the Goods or any part, accessory or item of equipment which has not been manufactured or approved by Fire and Security Techniques or by misuse of the Goods or failure to follow operating or maintenance instructions supplied by Fire and Security Techniques. The Customer shall indemnify and keep indemnified Fire and Security Techniques against any and all claims whatsoever in respect of any such loss or damage.
GOODS PURCHASED FOR RESALE
In respect of any goods which are purchased by the Customer for resale, the Customer shall not apply its own trade or other marks to the Goods or their packaging without the written consent of Fire and Security Techniques.
In respect of any Goods which are purchased by the Customer for resale, the Customer shall not alter or interfere with the Goods and shall comply with all applicable legislative and other requirements and standards and Fire and Security Techniques’s instructions in relation to the storage, handling and safety of the Goods. Fire and Security Techniques shall indemnify and keep indemnified Fire and Security Techniques against any and all loss, damage, claims, costs and expenses suffered or incurred by Fire and Security Techniques arising from any failure by the Customer to comply with this Condition.
FORCE MAJEURE
Should Fire and Security Techniques be prevented from or hindered or delayed in performing any of its obligations under the Contract by reason of strike, lock-out or trade dispute, acts of national or local government or other authority, Act of God, storm, tempest, fire, flood, explosion, accident, theft, civil disturbance, insurrection or war or by any other cause whatsoever beyond Fire and Security Techniques’s reasonable control then the Contract may be suspended and/or cancelled (whether or not while suspended) by Fire and Security Techniques without notice and Fire and Security Techniques shall have no liability in relation to any failure by it caused by such prevention, hindrance or delay, or any such delay, suspension or cancellation.
BREACH
The Customer will indemnify, keep indemnified and hold harmless (on a full indemnity bases) Fire and Security Techniques against all costs, expenses and losses that Fire and Security Techniques incurs or suffers as the result of any breach by the Customer of any of its obligations under this clause. This indemnity will not apply to any fine levied on Fire and Security Techniques as a result of Fire and Security Techniques’s criminal liability.
If the Customer breaches this clause Fire and Security Techniques shall have the right to terminate this Contract without notice and with immediate effect and will be in no way liable to the Customer in respect of such termination for payment of damages or any other form of compensation.
PERSONAL INFORMATION
By submitting any personal information to Fire and Security Techniques, the Customer unconditionally and voluntarily, consent to the processing of the submitted personal information for any and all purposes related to the Contract which may include, but is not limited to:
Collecting, organising, processing, and storing personal information for the business interests of Fire and Security Techniques, as well as for the benefits of the Customer and Fire and Security Techniques;
Sending of invoices, quotations, correspondence via email and/or mail, contacting the Customer telephonically regarding payments and other business related purposes, application for credit and/or credit increases and enforcing Fire and Security Techniques’s rights under the Contract;
Sharing personal information with third parties, such as fund and insurance administrators and government departments. In certain circumstances personal information may be shared across borders when sharing the information with third parties;
Fulfilling Fire and Security Techniques’s obligations under the agreement;
Distributing relevant personal information when legally required to do so.
The parties agree to update, from time to time, any personal information supplied to each other, which may or has changed. Neither party can be held liable for any loss caused by any of the parties’ failure to update and/or correct the personal information supplied to each other.
The Customer acknowledges that by not supplying Fire and Security Techniques with the relevant information as required by Fire and Security Techniques, Fire and Security Techniques will not be able to fulfil its obligations under the agreement and in this regard Fire and Security Techniques will not be held liable.
The parties consent to the other party sharing the personal information (including but not limited to its group companies) for the purposes of this agreement and/or any other legitimate interests of the parties.
