Terms and Conditions

You can find everything you need to know about us, Fire and Acoustic Seals Limited, and our products on our website www.fireandacousticseals.co.uk or by contacting us at 0121 521 2179 or sales@fireandacousticseals.co.uk.

Different terms will apply if you are purchasing products from us as a business or consumer. Where a term applies to just businesses or just to consumers, this is clearly stated in these Terms.

The following definitions apply to these Terms:

Agreement: The contract between F&AS and the Buyer for the purchase of the Goods in accordance with these Terms.
Buyer: The individual or business purchasing Goods from F&AS. Any references to “you” or “your” means the Buyer.
Delivery: The transfer of physical possession of the Goods to the Buyer at the place of Delivery the Buyer has specified.
Delivery Charges: The Delivery charges for F&AS Delivering the Goods to the place of Delivery, as set out in the Order Confirmation.
Delivery Date: The estimated date for Delivery of the Goods, as set out in the Order or confirmed in writing by F&AS from time to time.
Delivery Location: The place of Delivery specified by the Buyer, as set out in the Order Confirmation.
F&AS: Means Fire & Acoustic Seals Limited (Company Number: 07222274) whose registered office as at: Units 6-11 Spartan Industrial Centre, Brickhouse Lane, Great Bridge, West Midlands, B70 0DH. Any references to “we”, “us” or “our” means F&AS.
Goods: The Goods (or any part of them) set out in the Order.
Order: The Order for the supply of Goods made by the Buyer on the F&AS website using the website address above, by telephone or email.
Order Confirmation: As defined in paragraph 5.2.
Price: The price of the Goods as defined in paragraph 4.

Terms: Means Fire and Acoustic Seals Limited’s Terms and Conditions of sale as set out in this document.
VAT: Value added tax chargeable in the UK.

  1. INTERPRETATION
    1. A “Business day” means any day other than a Saturday, Sunday or bank holiday.
    2. The headings in these Terms are for convenience only and shall not affect their interpretation.
    3. Words imparting the singular number shall include the plural and vice-versa.
  2. BASIS OF SALE
    1. These Terms shall apply to the purchase of the Goods by you from F&AS.
    2. Each Order made by you shall be an offer to purchase the Goods from F&AS subject to these Terms.
    3. You must be 18 years or over to purchase Goods from F&AS.
    4. F&AS shall send an email (to the email address you provide when you place your Order) acknowledging your Order, which shall include details of the Goods, Price, Delivery Location and Delivery Date. An Order may be withdrawn or amended by you at any time before acknowledgment by F&AS. If F&AS is unable to accept an Order, it shall notify you in writing as soon as possible.
    5. An Order shall only be deemed accepted when F&AS confirms the Order by sending you an email (Order Confirmation), at which point the Agreement shall come into existence. F&AS will confirm key information to you in the Order Confirmation including details of the Goods, the Price, and the Delivery Date.
    6. An Order may be rejected by F&AS because the Goods are unexpectedly out of stock; because you are located outside of the UK or the Delivery areas as stated on the F&AS website; or because the Goods are mispriced. If this occurs, F&AS will contact you to let you know and refund any sums you have paid.
  3. GOODS
    1. The description of the Goods are set out on F&AS’ website subject to modifications as requested by the Buyer and confirmed in the Order Confirmation. By accepting the Order Confirmation, the Buyer has acknowledged that it does not rely on any other representations regarding the Goods save for those made in writing by F&AS. No descriptions of the Goods set out on F&AS’s website shall be binding on F&AS and are intended as a guide only.
    2. F&AS reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
  4. PRICE
    1. Subject to paragraph 4.2, the Price of the Goods shall be that detailed on F&AS’ website and confirmed in the Order Confirmation.
    2. Any increase in the Price shall only take place upon F&AS informing you of the increase in writing.
    3. The Price is exclusive of:
      1. Costs and charges for packaging and transportation used for Delivery; and.
      2. Any applicable VAT and other taxes or levies which are imposed or charged by any competent authority; both 4.3.1 and 4.3.2 shall be included in the Order Confirmation and payable by you in addition to the Price.
  5. PAYMENT
    1. The Buyer shall pay the Price, Delivery charges and any applicable VAT as detailed in the Order Confirmation on placing an Order and if not paid, before the Delivery Date.
    2. All payments must be made in GBP unless otherwise agreed in writing between F&AS and the Buyer.
    3. If the Buyer fails to make payment within the period in paragraph 5.1, F&AS may suspend any further deliveries to the Buyer and may cancel any pending Orders from the Buyer and charge the Buyer interest at the rate of 4% per annum above the Bank of England base rate from time to time on the amount outstanding until payment is received in full.
    4. If you are a business customer, paragraph 5.4 shall apply:
      1. If you are a business customer:
      2. Time for payment is of the essence of the Agreement.
      3. All amounts due under this Agreement from you to us shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  6. DELIVERY
    1. Delivery shall be made by F&AS to the Delivery Location.
    2. F&AS shall use reasonable endeavours to effect Delivery by the Delivery Date. F&AS shall notify you on becoming aware that a delay in Delivery is likely and provide you with an alternative Delivery date. F&AS will not be responsible for any delays to Delivery that are caused by circumstances outside of F&AS’s control.
    3. F&AS may Deliver the Goods in installments.
    4. Unless F&AS requires otherwise, packaging materials shall be disposed of by the Buyer at their cost.
    5. The Buyer shall provide F&AS with all the assistance it requires to Deliver the Goods, including ensuring that the conditions of the Delivery Location allow easy and safe Delivery of the Goods, including providing all requisite materials, facilities, access and suitable working conditions to enable Delivery. If the Buyer becomes aware of any changes to the Delivery Location for Delivery including accessibility and the location conditions, then you must inform F&AS as soon as possible.
    6. If you are a business customer, paragraphs 6.6 and 6.7 shall apply:
      1. You shall procure that a duly authorised representative shall be present at the Delivery Location on Delivery of the Goods. If required by F&AS, the Buyer’s duly authorised representative shall sign a receipt confirming such acceptance.
      2. You fail to accept Delivery of the Goods on Delivery, then, except where such failure is caused by F&AS’s failure to comply with its obligations under the Agreement:
      3. The Goods shall be deemed to have been Delivered at 9.00 am on the Delivery Date; and
      4. F&AS shall store the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance).
  7. QUALITY OF GOODS
    1. If you are a business customer, paragraphs 7.1 to 7.6 shall apply:
      1. The Buyer is under a duty to inspect the Goods on Delivery.
      2. If the Goods cannot be examined, the carrier’s note or such other note as appropriate must be marked “not examined.”
      3. If the Buyer identifies any damage or shortages it must inform F&AS in writing within 3 days of Delivery, providing details of the alleged damage or shortage. F&AS shall not be liable if the Buyer fails to provide such notice.
      4. F&AS must be permitted to inspect the affected Goods before the Buyer uses, alters or modifies them in any way.
      5. Subject to the Buyer’s compliance with this paragraph 7 and F&AS’s Agreement with any alleged damage or shortages, F&AS shall make good any and all such damage and shortages within a reasonable time.
      6. F&AS shall be under no liability for and shall not indemnify the Buyer against any matters arising from damage or shortages.
    2. If you are a consumer, the following paragraph 7.7 shall apply:
      1. If you think there is something wrong with your product, you must contact our Customer Service Team: customer@fireandacousticseals.co.uk. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law as summarised below:
    3. Summary of your key legal rights
      1. The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, your legal rights entitle you to the following:
      2. Up to 30 days: if your Goods are faulty, then you can get a refund.
      3. Up to six months: if your Goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
      4. Up to six years: If your Goods do not last a reasonable length of time you may be entitled to some money back.
  8. RETURNS
    1. If you are a business customer, paragraphs 8.1 to 8.5 apply:
      1. The Goods may not be returned without the prior written Agreement of F&AS.
      2. Subject to paragraph 4, F&AS shall only accept returned Goods if it is satisfied that those Goods are defective and that such defects would not be apparent on inspection.
      3. F&AS shall have the option of either replacing defective Goods within a period agreed by F&AS and the Buyer of receipt of them or shall refund to the Buyer, the Price for those Goods which are defective.
      4. The Buyer may return any Goods within six months of those Goods coming to market (that is, the launch of such Goods) within 7 days of Delivery provided that:
        1. The Buyer bears the risk and cost of returning the Goods;
        2. The Buyer indemnifies F&AS against any costs incurred in rectifying any deterioration of the Goods resulting from the Buyer’s incorrect handling or storage of the Goods.
      5. F&AS shall not be liable for defects arising out of normal wear and tear, the Buyer’s failure to follow any instructions given by F&AS, misuse or alteration of the Goods, negligence, wilful damage or any other act of the Buyer, its employees, agents or any other third party.
    2. If you are a consumer, paragraphs 8.6 to 8.12 apply:
      1. If you are a consumer, you have the right to cancel your Order within 30 days without giving any reason. The cancellation period will expire 30 days after the date F&AS delivers your Order.
      2. You do not have a right to cancel the Order:
        1. Where the Goods are made to your specification;
        2. Where you have opened the packaging of the Goods;
        3. Where the Goods are perishable, unless the Goods are faulty.
      3. To cancel your Order, you should notify F&AS of the decision to cancel the Order by a clear statement (by letter, phone or email) to us or using the Model Cancellation Form below. You may notify us of your decision by mailing the form to Units 6-11 Spartan Industrial Centre, Brickhouse Lane, Great Bridge, West Midlands, B70 0DH, or by email at sales@fireandacousticseals.co.uk or alternatively by calling us on 0121 521 2179.
      4. Model Cancellation Form:
        1. To: Fire and Acoustic Seals, Units 6-11 Spartan Industrial Centre, Brickhouse Lane, Great Bridge, West Midlands, B70 0DH
        2. I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],
        3. Ordered on [*]/received on [*],
        4. Name of the consumer(s),
        5. Address of the consumer(s),
        6. Signature of the consumer(s) (only if this form is notified on paper),
        7. Date
        8. [*] Delete as appropriate.
        9. To meet the cancellation deadline, it is sufficient for you to send your communication confirming your decision to cancel before the cancellation period has expired.
        10. You have to return the Goods to us within 30 days of telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the Goods. You can send the Goods back to us using an established delivery service. If you do this you should send us a copy of the receipt or other evidence from the Delivery service that proves you have sent it. We shall not process your return until such evidence is received.
        11. If you cancel the Order within the cancellation period, we will reimburse you for all payments we have received from you no later than 14 days after the day in which we are informed about your decision to cancel the Order. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
        12. F&AS will not refund any extra you have paid for express Delivery or Delivery at a particular time.
        13. F&AS will reduce the value of your refund if the Goods returned are not “as new”, the price tags have been removed, the packaging is damaged and/or accessories are missing. In some cases, because of the way you have treated the Goods, no refund may be due.
  9. RISK AND TITLE
    1. If you are a business customer, paragraph 9.2 shall apply:
      1. The responsibility of damage caused to or loss of the Goods shall pass to you when the Goods are Delivered.
      2. If you are a business customer and you wrongfully fail to take Delivery of the Goods, risk shall pass to you at the time when F&AS attempted to make Delivery.
      3. Legal and beneficial title in the Goods shall not pass to the Buyer until F&AS has received, in cash or cleared funds, payment in full satisfaction of the Price.
      4. F&AS reserves the right to repossess any Goods in which F&AS retains legal and beneficial title if full payment is not received in accordance with paragraph 5. In the event of such repossession the Buyer shall deliver the Goods in which legal and beneficial title has not passed to F&AS at its own cost.
  10. RIGHTS, WARRANTIES AND LIABILITY
    1. Losses we never limit or exclude. Nothing in these Terms shall limit or exclude our liability for:
      1. Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. Fraud or fraudulent misrepresentation;
      3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
      4. Defective products under the Consumer Protection Act 1987; or
      5. Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. If you are a business customer, the following paragraph 10.2 shall apply:
      1. If you are a business customer, then, except as set out in paragraph 1:
        1. F&AS will not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss or damage to equipment, loss of contact, loss of commercial opportunity and/or wasted expenditure arising under or in connection with this Agreement; and
        2. F&AS’s total liability to you for all other losses arising under or in connection with this Agreement whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to 100% of the total sums paid by you under this Agreement.
    3. If you are a consumer, the following paragraph 10.3 shall apply:
      1. If you are a consumer, F&AS shall only be responsible for losses you have suffered caused by F&AS breaching these Terms unless:
        1. Unexpected. It was not obvious that it would happen and nothing you said to F&AS before an Order was accepted meant F&AS should have expected it (so it was unforeseeable).
        2. Avoidable. It was something you could have avoided by taking reasonable action. For example, not following the instructions given by F&AS.
        3. Business Loss. F&AS’s liability for any loss suffered in connection with your trade, business, and profession is limited as above.
      2. Except to the extent expressly stated in these Terms, F&AS exclude all Terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
      3. F&AS can transfer our Agreement with you, so a different organisation is responsible for providing the Goods. F&AS will tell you if this happens. You may only transfer your Agreement with us to someone else if F&AS agree in writing.
  11. ENDING THIS AGREEMENT
    1. Subject to paragraph 2, F&AS may end this Agreement with immediate effect by giving written notice to you if:
      1. You do not make payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
      2. You do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need in relation to the Goods for example if we need to assess a defect on the Goods;
      3. You do not, within a reasonable time, allow us to Deliver the Goods to you.
    2. On expiry or termination of this Agreement, however caused and without prejudice to any other rights or remedies of the Buyer, the Buyer shall pay to F&AS the Price and any other sums due but unpaid at the date of such demand together with any interest accrued pursuant to paragraph 3.
    3. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
    4. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
  12. COMMUNICATION
    1. Any notices given under or in connection with these Terms shall be in writing, addressed to F&AS or you at the address as set out in the Order, or such other address as that you may have specified to F&AS in writing in accordance with this paragraph, and shall be Delivered by hand, or sent by pre-paid first class post or other next working day Delivery service, or by email.
    2. A notice shall be deemed to have been received: if Delivered by hand, when left at the address referred to in paragraph 1; if sent by pre-paid first class post or other next working day Delivery service, at 9.00 am on the next working day after posting; or, if sent by email, one working day after transmission.
  13. FORCE MAJEURE (BUSINESS CUSTOMERS ONLY)
    1. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, epidemic or pandemic, acts of war, governmental action or any other event that is beyond the control of the party in question.
  14. ENTIRE AGREEMENT (BUSINESS CUSTOMERS ONLY)
    1. This Agreement constitutes the entire Agreement between the parties. Each party acknowledges that in entering into this Agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
  15. DELAYS IN ENFORCING THESE TERMS
    1. Even if F&AS delays in enforcing these Terms, F&AS still has the right to enforce later on. F&AS might not immediately chase you for not doing something but that does not mean F&AS cannot enforce its rights later on.
  16. CHANGES TO THESE TERMS
    1. No variation of these Terms, an Order or to the Agreement shall be binding unless expressly agreed in writing and signed by both F&AS and the Buyer.
  17. IF THIS AGREEMENT IS INVALIDATED
    1. If a Court invalidates some of the Terms within these Terms, the rest will still apply if a Court decides that some of these Terms are unlawful, the rest of these Terms will still continue to apply.
  18. YOUR PERSONAL INFORMATION
    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information. Click here to view our privacy policy.
  19. RIGHTS OF THIRD PARTIES
    1. No one other than a party to this Agreement has any right to enforce any term of this Agreement.
  20. DISPUTES
    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the products you Ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out in these Terms.
    2. If a dispute cannot be resolved or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
    3. You can submit your dispute to Centre for Effective Dispute Resolution (CEDR). CEDR is the ADR provider we use and is approved by the government to provide ADR services.
    4. If you do not wish to use ADR, you can still bring court proceedings.
  21. LAW AND JURISDICTION
    1. These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you are a consumer and live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can bring claims against you in the courts of the country you live in.