Terms & Conditions of Sale
This web site is owned by FaulTrap Srl.
All products and services on the website www.faultrap.com are accepted by FaulTrap Srl, from now on “FaulTrap”, having legal address in Via Germania 1C 20083 GAGGIANO (MI) Italy, VAT IT06390030960 subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by FaulTrap unless agreed in writing by an authorised signatory of FaulTrap or expressly stated otherwise in these terms and conditions of sale.
All descriptions of the products and services contained on the FaulTrap website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between FaulTrap and the Customer. FaulTrap shall not be liable to the Customer for any errors or omissions in its web www.faultrap.com. The advertising of products and services on the FaulTrap website is not an offer capable of acceptance, it merely constitutes an invitation by FaulTrap for the Customer to make an offer to purchase products and services.
FaulTrap is a business-to-business supplier. The FaulTrap website is intended for use by business customers and not by consumers or private individuals.
FaulTrap reserves the right to change prices without prior notice at any time.
FaulTrap reserves the right to decline to trade with any company or person. In addition, FaulTrap may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by FaulTrap of the order.
FaulTrap executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when FaulTrap next has available stock or be cancelled.
The Customer must submit orders using the FaulTrap stock numbers and the priced units used in www.faultrap.com and must specify which delivery option is required. If the Customer confirms telephone, fax or internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 will apply.
FaulTrap will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out on the FaulTrap website current at the date of order at the page “Delivery & Returns” or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.
Times and dates for delivery quoted on the FaulTrap website or by FaulTrap's employees are approximate only and FaulTrap shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
If any delivery is late, the Customer must notify FaulTrap, and FaulTrap will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. FaulTrap may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable FaulTrap may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
5. Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 8 days of the date of delivery or, in the case of clause 4., the due date for delivery, give notice to FaulTrap in detail of:
1.Any defect in the product that is apparent on reasonable examination. In this case FaulTrap shall, at FaulTrap's discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
2.Any shortfall in products delivered. In this case FaulTrap shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
3.Any delivery of products not in accordance with the order. In this case
shall, at FaulTrap's discretion, replace the products or refund the purchase price;
4.Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case FaulTrap shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. FaulTrap's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. FaulTrap shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
Credit terms (subject to satisfactory references and at FaulTrap's absolute discretion) are available. If credit has been granted, the Customer shall pay the price of the product or service accordingly to the credit agreements. All payments must be made without any set-off, deduction or counterclaim.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
1.all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
2.FaulTrap may apply a compensation charge as an estimate of administrative and other wasted costs incurred by FaulTrap to the Customer and
3.FaulTrap may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 per cent per annum above the BCE base rate as set at 31 December for the period 1 January to 30 June inclusive in the following year and as set at 30 June for the period 1 July to 31 December inclusive, compounded monthly.
- Risk and Ownership
Risk of loss of or damage to the products shall pass to the Customer on dispatch.
Ownership of all products supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts owing to FaulTrap has been made. If the Customer is late in paying any sum to FaulTrap, then FaulTrap shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises FaulTrap and its agents to recover the products, and to enter
any premises of the Customer for that purpose. Demand for or recovery of the products by FaulTrap shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or FaulTrap's right to sue for the whole of the price.
- Product and Availability Information
FaulTrap reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place anytime.
Unless otherwise confirmed, nothing in any FaulTrap website www.faultrap.com is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
FaulTrap warrants that if any product is defective, it will replace or repair the Product or refund the purchase price. This warranty is subject to a claim being made in writing to FaulTrap within 12 months of the original date of despatch, or such other longer period as may be indicated by FaulTrap for specific Products from time to time in writing.
However, this obligation will not apply:
- if the defect arises because the Customer has altered or repaired such Goods without the written consent of FaulTrap;
- because the Customer did not follow the instructions for storage, usage, installation or maintenance of the Goods;
- if the Customer has failed to notify FaulTrap of any defect as soon as reasonably practicable after delivery within 8 calendar days of the date of inspection where the defect should have been reasonably apparent on reasonable inspection; or
- if the Customer fails to notify FaulTrap of the defect within 12 months (or such other period as FaulTrap shall specify at the time of acceptance of the Order for the Supplies) of the date of despatch of the Goods even if the claimed date of inspection occurs after this period.
Any replacement Supplies provided or Goods repaired will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced will belong to FaulTrap.
This is the FaulTrap’s sole obligation and the Customer’s sole remedy for defective Supplies and is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship of the Services and all such representations, conditions and warranties are excluded.
- Limitations of Use
Products sold by FaulTrap are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
FaulTrap shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the FaulTrap technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
FaulTrap shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (1) any express or implied terms of the contract between FaulTrap and the Customer, or of any order accepted by FaulTrap; (2) any duty of any kind imposed on FaulTrap by law arising out of or in relation to the contract between FaulTrap and the Customer or order; (3) any defect in the products or services; (4) intellectual property rights infringement; or (5) any other loss whatsoever arising out of these terms and conditions of sale.
If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9, 10 and 11 any liability attaches to FaulTrap, FaulTrap's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of (1) any express or implied terms of the contract between FaulTrap and the Customer, or of any order accepted by FaulTrap; (2) any duty of any kind imposed on FaulTrap by law arising out of or in relation to the contract between FaulTrap and the Customer or the order; (3) any defect in the products or services; (4) intellectual property rights infringement; or (5) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to EUR100,00 or the total value of the order, whichever is greater.
Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of FaulTrap for death or personal injury caused by the negligence of FaulTrap or its employees, agents or sub-contractors, or for fraud.
- Cancellations and Returns
The Customer may not cancel orders once accepted by FaulTrap. FaulTrap may, at its discretion and in writing, allow an order to be cancelled subject to FaulTrap recovering from the Customer the costs incurred by FaulTrap. In the event of cancellation of part of any order only, FaulTrap may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
The Customer may only return products to FaulTrap, and receive a credit or refund and on the following conditions:
- Return is not possible for those products marked “Special Product” or for non-stock items;
- The Customer must contact FaulTrap prior to the return of any products and obtain the prior consent of FaulTrap and obtain a returns number (to be quoted on all returned paperwork);
3.Return must be made within 8 days of the date of delivery (as stated on the delivery documentation). Products must be returned to FaulTrap in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to FaulTrap adequately packed and despatched freight prepaid, clearly labelled to: RETURNS DEPARTMENT, FAULTRAP, Via Germania 1C, 20083 GAGGIANO (MI), ITALY;
4.The Customer must follow any specific instructions which appear on the FaulTrap website or with any product regarding its return to FaulTrap;
5.The Customer must quote the invoice details or the FaulTrap reference number on the FaulTrap Customer Returns Form from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price;
6.For products returned due to Customer error or no longer required and returned in accordance with (1) – (2) - (3) – (4)- (5) above a handling charge equal to EUR25-. will be applied. Where the Customer returns products to FaulTrap not in accordance with (1) – (2) - (3) – (4) – (5) above (for example, after 30-days from the date of despatch or in an unfit state) FaulTrap will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing.
This returns policy excludes non-stock items products and “Special Products”. In addition, FaulTrap will not accept returned products whose packaging has been compromised e.g. the bag has been opened and resealed or multiple bags have been stapled together.
FaulTrap accepts no responsibility for any loss of or damage to products in transit from Customer to FaulTrap or for any items received by FaulTrap with them.
- Force Majeure
A force majeure event is any event beyond the reasonable control of FaulTrap (including strikes, traffic congestion, the downtime of any external line, or FaulTrap's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If FaulTrap is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then FaulTrap shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, FaulTrap may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
- Intellectual property rights
The Customer acknowledges that FaulTrap and its licensors own the intellectual property rights in the FaulTrap website and the stock numbers, and that their whole or partial reproduction without FaulTrap's prior written consent is prohibited.
Supplier shall (and shall procure that persons associated with it or other persons who are providing goods or services in connection with this agreement shall) comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption, including, but not limited to, the Bribery Act 2010 (the Relevant Requirements) and shall:
- not (directly or indirectly) induce any employee, agent or subcontractor of FaulTrap to make any concession to or confer any benefit on the Supplier, refrain or withhold from doing any act, in return for any gift, money, or other inducement;
- not do or omit to do any act that will cause or lead FaulTrap to be in breach of any of the Relevant Requirements
- promptly report to FaulTrap any request or demand for any undue financial or other advantage of any kind received by Supplier in connection with the performance of this agreement
- have and maintain in place throughout the term of this agreement its own policies and procedures, including, but not limited to, adequate procedures to ensure compliance with the Relevant Requirements and shall promptly supply copies of or provide access to such policies on request from FaulTrap.
Supplier is informed that FaulTrap employees are not permitted to:
1.accept gifts of more than token value, loans, excessive entertainment or other substantial favours from any company or individual that does business with FaulTrap or seeks to do so;
- solicit gifts or other favours from any company or individual that does business with FaulTrap, or seeks to do so
3.Entertainment is acceptable only if it has a justifiable business purpose. It should be of a reasonable nature and such that FaulTrap's employees, agents or contractors, can reciprocate.
Financial restrictions on gifts and entertainment are contained in FaulTrap's Anti-Bribery Policy and further details are available on request.
Any breach of this clause 15 shall be a material breach of this agreement which is incapable of remedy.
- Data Protection and Customer Information
FaulTrap may keep and use personal details of the Customer and its employees for the purposes of providing products and services to the Customer. In addition FaulTrap may disclose the Customer's and its employees' details to organisations working on behalf of FaulTrap anywhere in the world (for example, credit reference agencies, mailing houses and call centres) for the purpose of proper fulfilment of orders and FaulTrap' obligations under these terms and conditions of sale.
- Law and Jurisdiction
The contract between FaulTrap and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with Italian Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in Italy but FaulTrap may enforce the contract in any court of competent jurisdiction.
Registered office: Faultrap Srl Via Germania 1C 20083 GAGGIANO (MI) Italy, VAT IT06390030960