Acceptance by Fortissa Ltd 14 Squadron Drive, Worthing, BN13 3SL (hereinafter called the ‘Company’), or any transaction placed by the customer (hereinafter called the ‘Customer’), shall constitute a contract between the Company and the Customer upon and subject to the following terms & conditions.

The Company shall be deemed to have accepted an order upon delivery of the goods in performance of the order. The Customer shall be deemed to have accepted the terms & conditions of the Company by placing of an Official Order.

1. Prices

a. Prices and delivery terms are without engagement and may be subjected to variations without notice. In the event of a price increase due to either shortage in the market or manufacturers decision we will inform you in writing within 30 days of the increase. This in affect shall void any existing contracts with the company for any ongoing supply. Also in the event of a shortage we cannot be held responsible to supply.

b. All goods are subject to Value Added Tax at the prevailing rate.

2. Carriage

a. All goods are supplied ex works our warehouse Unit 3 Crosse Hall Street, Chorley, PR6 OUH.

3. Payment Terms

a. Unless otherwise stated agreed in writing by the Company to the Customer, then all invoices are liable for payment on date of invoice.

b. In case of non-payment of the account by due date, we will take appropriate action to recover all debts (including all professional fees from the Customer).

c. In case of non-payment the company reserves the right to sell goods at to 3rd party or competitors at the company’s discretion.

d. The Company reserves the right to charge the Customer our banker’s interest rate for every month on the amount which remains overdue.

e. The Company reserves the right to offset any existing or future debts whatsoever incurred to the Company by the Customer against the value of any transactions between the Company and the Customer, This will also apply if the Customer is in administration or insolvency, whether known of unknown by the Company.

4. Title of Goods

a. Title of goods shall remain with the company until payment in full has been received in cleared funds for the said goods.

b. The Company shall be entitled to take possession of unpaid goods if:

i. The Customer has failed to pay for the goods within agreed timescale.

ii. The Customer shall become insolvent or bankrupt.

5. Return of goods or shortages

Conditions for return of goods, which are subject of complaint, are as follows.-

a. Any stock for return, whatever the reason, must be authorised by the Company in writing.

b. Goods must be returned within three (3) days of receipt and be accompanied by a fully completed ‘goods return form’ detailing the reason for the return (if you do not have a goods return form a Company version is available upon request). Proof of any damage must be provided with this form prior to the return of goods.

c. Any shortages must be reported to the Company, in writing, within 48 hours of receipt of the delivery. Goods returned by the customer, unless returned as damaged, must be returned in the same condition as when they left the Company – if they are not then they shall be classed as ‘defective’ where the Customer shall incur all costs of replacement.

d. The Company will not accept return of refrigerated lines.

e. If we collect the defective goods we will issue 48 hours notice of intent to pick up. If the goods are not ready for collection, then the customer shall incur all costs for re-collection.

6. Non delivery

a. Non delivery must be notified in writing to the Company within three (3) days of invoice date or advice of dispatch. A credit note will not be issued unless these criteria are met.

7. Data protection

a. We may transfer information about vou to our bankers/financiers for the purposes of providing services for the following reasons:-

i. Obtaining credit insurance.

ii. Making credit reference agency searches.

iii. Credit control.

iv. Assessment and analysis (including credit scoring, product and statistical analysis).

v. Securitisation.

vi. Protecting our interests.