SMALL PRINT..
  TERMS OF TRADE
  EXCERPT FROM OUR TERMS AND CONDITIONS OF TRADE

TERMS

FILM AND DIGITAL PROJECTION || SUPPLIES AND TOOLS || LIGHTING|| SOUND SYSTEMS || THX || RENTAL AND INFLATABLE SCREENS || USED EQUIPMENT ||

Definitions
“Buyer” means the person who buys or agrees to buy the Goods from the Seller
“Terms” means the terms of sale as set out in this document and any special terms as agreed in writing by the
Seller.
“Delivery Date” means the date specified by the Seller when the equipment and Goods are to be delivered
and installed.
“Goods” means any projector and other related equipment and any other goods and equipment which the
Buyer agrees to buy from the seller.
“Price” means the Price for the Goods and Work excluding carrier packing, insurance and VAT.
“Seller” means Future Projections Limited (Company Registration Number 3797445) whose registered office is
situated at Unit 2 Windsor Centre Windsor Court SE279NT.
“Work” means the supply and installation and the servicing and repair of the Goods by the Seller.


Terms Applicable
These Terms shall apply to all contracts for the sale of Goods and Work by the Seller to the Buyer to the exclusion
of all other terms including any terms or conditions which the Buyer may purport to apply under any purchase
order confirmation of order or similar document.
All orders for Goods or Work shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these
Terms.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these
Terms.
Any variation to these Terms (including any special terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by the Seller.


The Price and Payment
The Price shall be the Seller’s quoted price for the Goods and Work as varied by agreement. The Price is exclusive
of VAT, which shall be due at the rate ruling on the date of the Seller’s invoice.
Payment of the Price and VAT and shall be due within 30 days of the date of the invoice. Time for payment
shall be of the essence.
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the
date of payment at a rate of 4% above HSBC’s base rate from time to time in force and shall accrue at such a
rate after as well as before any judgment.
Unless otherwise agreed in writing between the Buyer and the Seller, payment for the Work shall be made in
accordance with the following terms: -
Regular monthly stage payments shall be paid by the Buyer to the Seller the first such payment being due on
the last day of the month following that in which the Goods are despatched or the Work is due to commence as
appropriate.
Each such stage payment shall comprise the total value of Work executed and materials and Goods delivered
to site for use thereon by the Seller prior to the date of such stage payment together with any other amounts
then due, less only the aggregate amount of any previous stage payments and any agreed retention but subject
to no other deductions whatsoever.
In respect of any materials or Goods which through no fault of the Seller are held in store, the value of the
same together with any charges in respect of storage or rehandling shall be included in each monthly stage
payment.
If the Buyer fails to make any payment when due the Seller may, at its option, and without prejudice to any
other rights under the contract, suspend further Works until such Payment is made or terminate the contract.
The Seller shall be entitled to charge in full with all interest where applicable interest on the outstanding balance
of all overdue accounts from the time of default to time of payment (as well after as before judgment) calculated
on an annual basis at a rate of 4% above the base lending rate of HSBC.
Notwithstanding anything contained herein the Seller shall be under no liability for loss and profits, revenue,
contracts or business or any other form of consequential or indirect loss or damage of any nature whatsoever
and however caused or arising.


Goods and Work
The quantity and description of the Goods and/or Work shall be as set out in the Seller’s quotation.


Warranties And Liability
The Seller warrants that the Goods and/or Work will at the time of delivery correspond to the description given
by the Seller and, except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms
Act 1977 Section 12), all other warranties, conditions or terms relating to fitness for purpose, merchantability or
condition of the Goods and/or Work implied by statute or common law or otherwise are excluded, including any
loss or damage caused by or arising the incorrect operation of the Goods concerned, misuse, neglect, fire,
flood, explosion howsoever caused and act of God and all consequential loss howsoever caused.


Delivery Of The Goods
Delivery of the Goods shall be made to the Buyer’s address on the Delivery Date, which is an estimate only.
The Buyer shall make all arrangements necessary to take delivery of the Goods at the agreed location with the
appropriate room / space for the Goods whenever they are tendered for delivery
Time for delivery is not of the essence of the contract
The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods
(or any of them) promptly or at all.


Acceptance of the Goods and work
The Buyer shall be deemed to have accepted the Goods and/or Work 7 days after the date of the invoice relating
to such Goods.
After acceptance the Buyer shall not be entitled to reject Goods and/or Work, which are not in accordance with
the contract.


Title and Risk
The Goods shall be at the Buyer’s risk as from delivery.
In spite of delivery having been made title in the Goods shall not pass from the Seller until the Buyer shall have
paid the Price plus VAT in full for such Goods.
Until title in the Goods passes to the Buyer in accordance with clause 8.2 the Buyer shall hold the Goods and
each of them on a fiduciary basis as bailee for the Seller.
The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that title in any of the Goods has not
passed from the Seller.
Until such time as title in the Goods passes from the Seller the Buyer shall upon request deliver up the Goods.
If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer
where the Goods are situation and repossess the Goods. On the making of such request the rights of the
Buyer under clause 8.4 shall cease.
The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods
which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all
sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
The Buyer shall insure and keep insured the Goods to the full Price against “all risks” to the reasonable satisfaction
of the Seller from the date of delivery until the date that property in the Goods passes from the Seller,
and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the
other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall
forthwith become due and payable.
If requested by the Seller, the Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar
in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of
the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become

Remedies of Buyer
Where the Buyer rejects any Goods and/or Work then the Buyer shall have no further rights whatever in respect
of the supply to the Buyer of such Goods and/or Work or the failure by the Seller to supply Goods and/or
Work which conform to the contract of sale.
Where the Buyer accepts or has been deemed to have accepted any Goods and/or Work then the Seller shall
have no liability whatever to the Buyer in respect of those Goods.
The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
The Buyer shall inspect the Goods and/or Work on delivery and after installation and shall within 3 days after
delivery or after installation notify the Seller of any alleged defect, shortage of quantity, damage or failure to
comply with description or sample. If the Buyer shall fail to comply with these provisions the Goods and/or
Work shall be conclusively presumed to be in accordance with the contract and free from any defect or damage
which would be apparent on a reasonable examination of the Goods and/or Work, the Buyer shall be deemed
to have accepted the Goods and/or Work.
If the Goods and/or Work are not in accordance with the contract for any reason the Buyer’s sole remedy shall
be limited to the Seller making good any shortage by replacing such Goods and/or Work or, if the Seller shall
elect, by refunding a proportionate part of the Price.
The Seller’s liability to the Buyer, whether for any breach of contract or otherwise, shall not in any event exceed
the Price and the Seller shall be under no liability for any direct loss and/or expense or indirect loss and/or expense
suffered by the Buyer or liability to third parties incurred by the Buyer.


GOVERNING LAW
This contract is subject to the Law of England and Wales.
The Seller warrants all Work carried out and covered by this estimate for a period of 6 months in respect of labour
and workmanship. The Seller shall repair or replace defective Goods at his discretion. Any parts or
Goods supplied and fitted by the Seller shall carry the warranty (if any) given by the manufacturer of that item.
The Buyer shall during the relevant period ensure that the equipment is operated and maintained correctly


Cabling and other items
The Seller shall where reasonably possible conceal electrical cable within containment provided by othersm or
otherwise as agreed. Price does not include the lifting and replacement of floorboards for the purpose of concealing
cable.
Cables affixed to walls ceilings and doors shall be affixed to the surface thereof and the quotation or estimate
or Price does not include the costs of concealing such cable.
The Buyer shall give the Seller access to its premises of not less than 8.5 clear hours per day between the
hours of 7.00 am and 5.00 pm Monday to Saturday for the purpose of carrying out any act and the services and
Work under the terms of this agreement.
The Buyer shall provide without charge to the Seller adequate facilities for the storage of materials equipment
and tools during the carrying out of the Work and for a reasonable time before commencement and after completion.
Materials equipment and tools stored at the Buyers premises or premises under his control shall be stored at
the sole risk of the Buyer. In the event of destruction damage or theft of materials equipment and tools stored
at the Buyers premises or premises under his control the Seller shall be entitled to payment in full in respect
thereof except that the Buyer shall not be liable or any loss occasioned solely by the negligence of the employees
or agents of the Seller.
The Work will be performed during the Seller’s normal working hours.
The Work shall be executed within the period of time stated in the quotation or in accordance with a programme
of work to be agreed in writing with the proviso that the date stated in the quotation or such programme shall be
subject to confirmation after all the specifications and measurements have been taken and agreed. The Seller
shall be afforded proper access to site to enable specification and measurements to be taken. Any alteration or
deviation from programme shall thereafter only be made by mutual agreement.
A fair and reasonable extension of time to the period stated in the quotation or to the agreed programme shall
be made by the Buyer in the event of the Seller suffering delays caused by war riot civil commotion force measure
acts of god inclement weather strikes lockouts or any other form of industrial action shortages of labour or
materials delay in delivery of materials by suppliers or sub-contractors or any other unforeseen circumstances
beyond the Seller’s reasonable control.
The Buyer must give the minimum period of notice stated in the quotation in writing before the Seller is obliged
to commence work on site. The Buyer shall provide free and adequate access to the site at all times. Hard
standings and approach roads suitable for the Seller’s vehicles shall be available to allow for the safe handling
of materials and a suitable area for storage of materials. Any hutting, which may be required, shall be made
available within close proximity to the place at which the work is to be carried out.
The Buyer shall provide on site, at no charge to the Seller, all equipment and facilities required to enable the
Seller to fulfil the requirements of the Buildings (Safety, Health and Welfare) Regulations, the Factories Act and
all other applicable legal requirements.
The Seller’s insurances in respect of public liability and third party liability indemnify the Buyer or his or her
agent against any claims arising from damage to the premises at which the Seller is working and/or injury to
any person or persons within or adjacent to those premises provided that such injury is due to proved negligence
on the part of the Seller or on the part of its employees. Save as provided in this paragraph the Seller
has no obligations to indemnify the Buyer or to insure.
The Buyer will be responsible for insuring in the joint names of the Buyer and the Seller against loss and damage
by fire, lightning, explosion, storm, tempest, flooding bursting or overflowing of water tanks, apparatus and
pipes, earthquake, aircraft and other aerial devices or articles dropped there from, riot and civil commotions all
Work executed and all uninstalled materials and Goods delivered to or placed on or adjacent to the site or the
Buyer’s premises and shall maintain such insurance until practical completion of the Work.
In the event of such loss or damage, the Seller will reinstate or make good such loss or damage and carry out
and complete the Work. The reinstatement and making good of such loss or damage shall be deemed to be
variation under paragraph 16.6 below. If it is just and equitable the Seller may determine its engagement under
the contract within 28 days of the occurrence of such loss or damage.
The Buyer will be entitled to vary the design, quality and quantity of the Work subject to agreeing acceptable
adjustment with the Seller to the price payable and the period for completion of the Work and any other terms
of the contract of which these Conditions form part which the Seller may consider relevant.
The Buyer will be responsible for the removal of all rubbish arising from the execution of the Work at no cost to
the Seller.


Delivery pricing and payment
Orders can be placed by credit card at any stage - orders under £300 are subject
to a 3.5% surcharge.
Delivery charges are (within the UK)
Post £5.50
Next day courier £10.90
Items over 15kg or bulky items - call for a quote


 


HAVE YOU GOT OUR NEW 2007 SUPPLIES AND PARTS CATALOGUE AND FREE YEAR PLANNER ? EMAIL US FOR YOUR FREE COPY NOW !!

All works are subject to our standard terms and conditions. E O and E. © Future Projections Ltd 2007. email us - sales@fproj.com