‘FANLUBE' TERMS AND CONDITIONS 14/01/08 1. INTERPRETATION “Customer” means the person whose order is accepted by FanLube or the person who accepts a quotation from FanLube. “Conditions” means the Terms and Conditions set out in this document and any special Terms agreed in writing by FanLube. “FanLube” means FanLube, Sunbird Management, PO Box 208, Faversham, United Kingdom ME13 8WX 2. LIMITATION OF LIABILITY Nothing in these Conditions shall exclude or limit the liability of FanLube for death or personal injury, however FanLube shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise, in excess of the price for the goods and services. FanLube shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. For the avoidance of doubt, time shall not be of the essence and FanLube shall incur no liability to the Customer in respect of any failure to complete the provision of goods by any agreed completion date. 3. SEVERENCE - If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions shall remain in full force and effect with the invalid, illegal or unenforceable provision eliminated. 4. GOVERNING LAW – These Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. 5. SAFETY GUIDELINES - FanLube can provide Directions for Use with purchases, and further Information and Safety Data sheets are available on request. However, it is for the Customer to educate themselves as to the uses, properties and precautions relating to the use of Lubricating Oils. 6. CANCELLATION OF ORDERS - FanLube will accept the cancellation of any order if this is requested before despatch. FanLube will then make repayment of any monies received. 7. NON-DELIVERY - FanLube offer a choice of delivery options. All Customers are offered an option to pay for mailing that requires ‘Signed For' and which carries Insurance. If the Customer selects this option, then FanLube will either replace or refund if requested by the Customer. If the Customer does not select this option then FanLube takes no responsibility for non-delivery. 8. RETURNS POLICY - FanLube will accept the return of goods supplied if they are demonstrated to be of substandard quality for the purpose intended. (This will include leakage during transit.) FanLube will then replace or reimburse the Customer as requested. 9. DISCLAIMER - The safety guidelines and information is provided as a guide only. Whilst every effort has been made to ensure that the information is accurate and up to date FanLube accept no liability in respect of any omission or error in the information provided. Any advice given by FanLube, or any recommendations made, is in good faith and to the best of FanLube's knowledge as to the accuracy thereof, but without legal responsibility. The Customer must satisfy themselves as to the suitability of any product purchased for its intended or actual use, and as to all aspects of health and safety, and upon ordering the Customer shall be deemed to have done so. |