Please note: Consumer Contracts Regulations 2013 does not apply to any business transactions on this website.
Buying through this website is for business use only. You must be acting on behalf of a company or business, and have the authority to bind the company on whose behalf you are placing an order.
The Consumer Contracts Regulations (CCR) do not apply to transactions made on line or over the phone through our Trade website. CCR does not apply to any Business to Business purchases or a delivery to a business address
All prices quoted are exclusive of Value Added Tax (VAT) and delivery charges unless otherwise stated.
Fizzco may, by giving notice to the Customer at any time up to 7 days before delivery or collection of the Goods, increase the Price to reflect any increase in the cost to the Company of procuring or supplying the Goods which is due to factors beyond its reasonable control (including without limitation foreign exchange fluctuations, taxes and duties and the cost of labour, materials and manufacturing costs);
If the Customer orders goods to be collected, but then changes its mind to request delivery to a Delivery Location, the Company may charge the Customer a reasonable fee for delivery plus a reasonable administration fee.
No payment shall be deemed to have been received until Fizzco has cleared funds. Time for payment shall be of the essence. Any queries on an invoice must be raised in writing by the Customer within 21 days of the invoice date, otherwise the invoiced amount shall be deemed to be accepted by the Customer.
Without prejudice, Fizzco has the rights to enforce payment, if the Customer fails to make payment in accordance with payment Conditions, Fizzco is entitled to seek interest on any overdue balance outstanding pursuant to its rights under the Late Payment of Commercial Debts (Interest) Act 1998, or (at the Company's absolute discretion) to charge interest on any overdue balance outstanding.
Fizzco may cancel or suspend the Customer's credit account by notice in writing at any time should it decide, for whatever reason, that it requires further security from the Customer, other than that already provided (if any). Fizzco may reinstate the credit account once the additional security required has been provided by the Customer and any other conditions have been met. The Customer agrees to use its best endeavours to ensure that any additional security required Fizzco (including but not limited to a third party guarantee) is provided.
Risk of damage to or loss of the Goods shall pass to the Customer:
If Goods are delivered to the Delivery Location:
Any stated time or date for delivery is an estimate only and is not binding. The time and date of delivery is not of the essence and Fizzco shall not be liable for any failure to deliver by such time or date, nor for any loss or damage arising directly or indirectly from such failure. The Customer may not refuse to accept Goods because of late delivery; nor, where Goods are to be delivered in instalments, shall Fizzco fail to deliver any instalments by any time or date entitle the Customer to treat the Contract as a whole as repudiated.
If the Customer fails to take delivery of Goods or to give Fizzco adequate instruction for delivery then, without prejudice to its other rights, Fizzco may: store the Goods until actual delivery and charge the Customer for the costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for any excess over the Price or charge the Customer for any shortfall against the Price.
Where delivery is to be made by instalments, each instalment shall be deemed to be a separate and distinct contract and no default by Fizzco in respect of any one or more instalment shall entitle the Customer to reject or withhold payment in respect of any other instalment.
If Fizzco fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Fizzco shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide Fizzco with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
*Force Majeure: Fizzco are not responsible for failure or delay in delivery if it relates to certain factors outside our control. These include, but are not limited to Acts of God, riots, war, natural disasters, strikes, accidents, floods, fire, sabotage, or Governmental decisions. This clause applies to both Fizzco and our distributors.
The Customer must provide Fizzco with an address for delivery if it does not intend to collect the Goods, along with all of the information which Fizzco reasonably requires to enable it to determine whether it will be able to deliver the Goods, the appropriate method of delivery and the cost to the Customer of providing the delivery service.
Please note: All Estimations and Quotations are valid for a maximum period of 30 days.
The Customer is entirely responsible for ascertaining the quantities it requires notwithstanding that an estimate or quotation may have been given by Fizzco.
Quotations or estimates provided to the Customer by Fizzco are for the supply of Goods on these Conditions only. Any quotation or estimate provided to the Customer by Fizzco is not an offer and Fizzco reserves the right to withdraw or amend any quotation at any time before Fizzco's acceptance of the Customer's order.
Where fine or specific tolerances are required in Goods beyond those generally accepted in the building trade no liability will attach to Fizzco unless the tolerances are notified in writing to Fizzco at the time the Customer provides its order to Fizzco and Fizzco has agreed in writing to supply Goods that meet those tolerances.
Fizzco may without notice to the Customer reasonably alter any specification, description, design, drawing, illustration and/or other particulars relating to the Goods and to supply the Goods as so altered in performance of the Contract and may also substitute and supply similar goods of equivalent type in the performance of the Contract, provided that any alteration or substitution does not significantly reduce or change the substantive quality and/or nature of the Goods.
Nothing in these terms shall be deemed to exclude or restrict Fizzco's liability for:
Fizzco's total aggregate liability under or in connection with the Contract (howsoever such liability arises, whether in contract or tort or otherwise, including for negligence) shall be limited to the value of the Goods supplied under the Contract.
Fizzco shall not be liable (howsoever such liability arises, whether in contract or tort or otherwise, including for negligence) for any indirect or consequential loss or for damage to or for loss of profit, business, savings, production or goodwill which arises out of or in connection with the Contract.
The Customer shall indemnify Fizzco from and against all loss, damage, or liability suffered or incurred by Fizzco or any third person for or arising out of the negligence, breach of statutory duty, breach of contract or other duty of the Customer or its officers, employees, agents or contractors, in each case in the course of performance of or otherwise in any way arising out of or in connection with the Contract.
The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.