Fibaro UK Trade Account Terms and Conditions
Outline
This document outlines the terms and conditions associated with opening a trade account with Fibaro UK. Please read them carefully as by applying for a trade account with Fibaro UK you indicate your acceptance of them and your agreement to be bound by them. You can print these conditions if you would like to retain a copy.
If you disagree with these terms and conditions, or any part of these terms and conditions, you must not apply for a trade account with Fibaro UK.
Trade accounts are only available to businesses. If you are a retail customer, please locate an authorised dealer.
Rights and Responsibilities
Opening a trade account with Fibaro UK allows you to:
- Purchase Fibaro products at a discounted rate from Fibaro UK for resale purposes.
- Access our trade technical support service.
- Access our trade-only technical resources and sales resources.
- Be kept up to date with the latest product developments and news.
Opening a trade account with Fibaro UK does not allow you to:
- Refer to yourself or your organisation as an “authorised dealer”, “authorised installer”, “authorised reseller”, “partner”, “dealer”, “distributor”, or use any other phrase that implies you have been appointed by Fibaro UK as an authorised dealer, installer or distributor. You may not in any way state or imply that you are an ambassador for the Fibaro brand without our permission. If you are interested in becoming an authorised dealer please refer to the information in the welcome pack that will be emailed to you pending approval of your application.
- Use either virtually or physically the Fibaro brand, Fibaro product images, videos, promotional materials or other collateral belonging to or created by Fibaro UK or the Fibar Group. This remains the sole intellectual property of Fibaro UK and the Fibar Group unless explicitly licensed for use.
- Use the word “Fibaro” or the name of any Fibaro product or feature in any part of your URL (including sub-pages), or in the name of any retail premises or other point of sale.
You may not at any time disclose trade prices, margins or any other trade secrets relating to Fibaro products to anyone outside your company. This information is strictly confidential and must be treated as such. You must choose a suitably secure password, keep it in strictest confidentiality, and notify us immediately if you become aware of any unauthorised use of your trade account. You may not assign or transfer this contract to any other individual or organisation.
You agree not to act in any way that could negatively affect the public perception of the Fibaro brand or Fibaro products, or bring them into disrepute. This includes discounting Fibaro products without our permission.
We reserve the right to suspend or terminate trade accounts at our discretion, without notice. You have the right to terminate your trade account at your discretion. Doing so does not negate financial responsibility.
Fibaro UK will not be held liable in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Failure to enforce any term or condition of this contract on one or more occasions by Fibaro UK does not constitute a waiver of rights.
Price and Payment
The trade price of each product will be the recommended retail price less an agreed discount, unless otherwise agreed in writing. The trade price is exclusive of VAT.
Trade customers must pay the sum value of any order in advance of dispatch unless otherwise agreed in writing. Title of goods passes to trade customers on full payment of the trade price. Consequently, trade customers should ensure that they have adequate insurance for goods in transit.
Credit terms may be offered at the discretion of Fibaro UK, subject to performance and satisfactory credit vetting of the buyer by Fibaro UK. Where credit terms are offered, balances must be settled promptly within the period delineated by the credit terms otherwise interest will be charged at a rate of the base rate of the Bank of England plus 8%.
Returns & Restocking
Unless agreed otherwise in writing, all sales are final and the purchaser shall have no independent right to return any Fibaro UK products. Fibaro UK may accept returns at its discretion. Such returns are subject to a restocking fee of 15%.
Any warranty returns shall follow Fibaro UK’s returns policy at the time of the sale.
Force Majeure
Fibaro UK shall not be liable for any delay or failure to perform its obligations if the delay or failure results from events or circumstances outside its reasonable control. These circumstances include but are not limited to “acts of God”, strikes, accidents, fire, breakdown of plant or machinery or a shortage or unavailability of raw materials.
Variation
Periodically, we may update our prices and product line-up to reflect changes in exchange rate, taxation, material availability and other factors. We reserve the right to do so within reason and without notice. We reserve the right to revise the terms and conditions governing your account from time to time as required.
If any part of this agreement is unclear, please contact us using the contact form on the website to obtain a clarification before proceeding.
Governing Law
These terms and conditions shall be governed by and construed in accordance with the law of England. The parties concerned submit to the exclusive jurisdiction of the English courts.
