Terms and Conditions of Sale of Fretronics Engineering’s Products

These Terms and Conditions (the “Conditions”) govern the sale of goods by Fretronics Engineering Limited, a company incorporated in Scotland with company number SC743248 and having its registered address at Unit 37, Elderpark Workspace, 100 Elderpark Street, Glasgow, G51 3TR (“Fretronics Engineering”). 

You can contact us by sending an email to info@fretronics.com or calling us on +44 (0)141 316 396 

By choosing to purchase goods (“Products”) from Fretronics Engineering, you, as the Customer, confirm that you have read and agree to be bound by these Conditions. 

1.      Scope of Conditions

1.1.                These Conditions govern the sale of goods by Fretronics Engineering and apply to all Contracts for the supply of Products unless otherwise agreed in writing. 

1.2.                These Conditions do not replace, override, or relate to any other terms and conditions including that may be issued by Fretronics Engineering for separate transactions, services, or agreements. Each set of terms operates independently, these include:

1.2.1.      Terms and Conditions for Repair Services

1.2.2.      Terms and Conditions for Design, Development and Manufacturing

1.2.3.      Any other contracts for other services including Electronics Manufacturing services

1.3.                In the event of any conflict between these Conditions and other terms and conditions issued by Fretronics Engineering, the specific terms applicable to the relevant transaction shall take precedence. 

2.      Definitions 

2.1.                 "Customer" means the person, firm, company, or organisation purchasing Products from Fretronics Engineering. 

2.2.                "Products" refer to all items supplied under this agreement, including new and repaired goods. 

2.3.                "Contract" means the agreement between Fretronics Engineering and the Customer for the sale of Products, incorporating these Conditions. 

2.4.                "DAP" refers to Delivered at Place as defined by Incoterms 2020. 

2.5.                "VAT" means Value Added Tax applicable under Scottish law. 

3.      Formation of Contract 

3.1.                All Products sold by Fretronics Engineering are subject to these Conditions, which shall govern the Contract to the exclusion of any other terms.

3.2.                Acceptance of a quotation or placement of an order constitutes agreement to these Conditions. 

3.3.                The Customer acknowledges that Fretronics Engineering’s Products are unsuitable for domestic or retail applications and undertakes that it is a bona fide trading entity or professional end-user. The Customer further acknowledges that the laws governing the Contract shall be those relating to business to business (rather than business to consumer) transactions unless judged otherwise by a court of competent jurisdiction

4.      Placing and Acceptance of Orders 

4.1.                Acceptance by Fretronics Engineering of the Customer’s order is subject to the availability of Products and the correct price being stated. 

4.2.                Fretronics Engineering reserves the right to refuse any order at its discretion. 

4.3.                The Customer is responsible for ensuring the accuracy of the terms of any order and for checking any order acknowledgment issued by Fretronics Engineering. 

4.4.                Orders sent in confirmation of telephoned instructions should be clearly marked 'CONFIRMATION'; otherwise, Fretronics Engineering will accept no responsibility for duplication of dispatch. 

5.      Price of the Products 

5.1.                The price payable for the Products shall be as stated in Fretronics Engineering’s price list current at the date of acceptance of the order or as set out in a quotation issued to the Customer. All prices quoted are valid for 30 days only or until earlier acceptance by the Customer. 

5.2.                Fretronics Engineering reserves the right to increase the price of the Products to reflect any increase in cost beyond its control, such as foreign exchange fluctuations, currency regulation, alteration of duties, significant increase in the cost of labour, materials, or other costs of manufacture. 

5.3.                The price of the Products is exclusive of the cost of delivery, packaging, insurance, VAT, customs duties, and all other taxes, duties, and expenses, all of which shall be added to the price for the Customer’s account unless otherwise stipulated in writing by Fretronics Engineering. 

5.4.                Fretronics Engineering shall be entitled to invoice the Customer for an administration service charge where the value of the goods ordered falls below the minimum order value ruling at the date of order. This charge will be the difference between the value of the goods and the minimum order value ruling at the date of order. 

5.5.                Fretronics Engineering shall be entitled to invoice the Customer for the price of the Products at any time. 

5.6.                If delivery is made in instalments, each instalment may be separately invoiced, and if so, each such invoice shall be paid for when due, without regard to other instalments. 

5.7.                Information including prices payable for Products on the Website is an “invitation to treat” and not a contractual offer from Fretronics Engineering which the Customer may accept. Fretronics Engineering reserves the right to correct any errors in that information without any liability to the Customer. In no circumstances will Fretronics Engineering be contractually bound to supply the Customer with Products on the basis of any incorrect information, even if that information is repeated in the Customer’s order. 

6.      Delivery 

6.1.                Products will be delivered under the Incoterms 2020 DAP (Delivered at Place) basis. Fretronics Engineering will deliver the Products to the agreed delivery location, and the Customer is responsible for any import duties, taxes, or other costs related to customs clearance. 

6.2.                Any delivery dates given to the Customer by Fretronics Engineering are for guidance purposes only. Although Fretronics Engineering will use all reasonable efforts to meet delivery dates, it shall not be liable for any loss or damage, whether direct, indirect, or consequential, for any delay in delivery, in whole or in part, howsoever caused. 

6.3.                If the Customer refuses or fails to take delivery of the Products on the date of delivery, Fretronics Engineering will be entitled at its discretion to store the Products at the risk of the Customer, and the Customer shall, in addition to the price payable, pay all costs and expenses of such storage and any additional costs of carriage incurred. 

6.4.                All Products must be inspected by the Customer immediately on delivery. If any Products are damaged or lost, or if there has been short delivery, the Customer must endorse the consignment note supplied by the carrier accordingly and submit a detailed written claim to Fretronics Engineering within two working days of delivery. The Customer's signature on the consignment note without any such endorsement shall release Fretronics Engineering from any liability in respect of damage or loss in transit or short delivery. 

7.      Pre-Ordered and Back-Ordered Items 

7.1.                Pre-ordered or back-ordered items will be shipped as soon as they become available. 

7.2.                An estimated dispatch date for pre-ordered or back-ordered items will be provided on the relevant product's information page. Fretronics Engineering will make every effort to meet the estimated dispatch date but cannot guarantee it. 

7.3.                In the event of any changes to the estimated dispatch date, Fretronics Engineering will notify the Customer as soon as practical. 

7.4.                Payment for pre-ordered or back-ordered items will be taken in accordance with the payment terms set out in these Conditions unless otherwise specified in writing. 

7.5.                If a Customer wishes to cancel a pre-order or back-order prior to dispatch, they must notify Fretronics Engineering in writing. Refunds will be processed in accordance with the applicable cancellation terms. 

8.      Payment 

8.1.                Payment is due within 30 days of the invoice date unless otherwise agreed in writing. 

8.2.                Fretronics Engineering reserves the right to charge interest on overdue invoices at the rate of 4% per annum above the base rate of the Bank of Scotland, accruing daily from the due date until the date of payment. 

8.3.                The Customer shall make all payments due under the Contract without any deduction or withholding except as required by law and shall not be entitled to assert any credit, set-off, or counterclaim against Fretronics Engineering to justify withholding payment of any such amount in whole or in part. 

8.4.                Fretronics Engineering reserves the right to suspend further deliveries to the Customer if any payment is overdue or if, in its reasonable opinion, the Customer's creditworthiness has deteriorated. 

9.      Warranty on New Products 

9.1.                New Products sold by Fretronics Engineering come with a 12-month manufacturer’s warranty (“Limited Warranty”) as standard. 

9.2.                The Limited Warranty covers any defects in parts and workmanship for 12 months from the original date of purchase, subject to the following exceptions: 

9.2.1.             Ordinary wear and tear in the course of normal use. 

9.2.2.             Accidental damage, including dropping, spillage, improper handling, or storage. 

9.2.3.             Use not in accordance with the Manufacturer’s installation, operation, or maintenance instructions. 

9.2.4.             Repairs or modifications carried out by unauthorised personnel. 

9.2.5.             Cosmetic defects. 

9.3.                 To make a claim under the Limited Warranty, the Customer must contact Fretronics Engineering at service@fretronics.com, providing proof of purchase or order details. 

9.4.                Fretronics Engineering may, at its discretion, repair, replace, or refund the Product. Repaired or replaced parts remain under the original warranty period. 

9.5.                Fretronics Engineering does not warrant that the Products will operate uninterrupted or error-free or will meet the Customer’s requirements. 

10.               Ownership of the Products 

10.1.          Ownership of the Products shall not pass to the Customer until Fretronics Engineering has received in full (in cash or cleared funds) all sums due to it in respect of the Products and all other sums which are or which become due to Fretronics Engineering from the Customer on any account. 

10.2.          Until ownership of the Products has passed to the Customer, the Customer shall: 

10.2.1.      Hold the Products on a fiduciary basis as Fretronics Engineering’s bailee. 

10.2.2.      Store the Products (at no cost to Fretronics Engineering) separately from all other goods in such a way that they remain readily identifiable as Fretronics Engineering’s property. 

10.2.3.      Not destroy, deface, or obscure any identifying mark or packaging on or relating to the Products. 

10.2.4.      Maintain the Products in satisfactory condition and keep them insured on Fretronics Engineering’s behalf for their full price against all risks. 

10.3.          The Customer's right to possession of the Products shall terminate immediately if the Customer fails to comply with these Conditions. 

11.               Force Majeure 

Fretronics Engineering shall not be liable to the Customer for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, strikes, industrial action, war, terrorism, embargoes, governmental actions, pandemics, or natural disasters. 

12.               Returns and Refunds 

12.1.          Products may only be returned with the prior written agreement of Fretronics Engineering and must be returned in their original packaging and in a condition suitable for resale. 

12.2.          Fretronics Engineering reserves the right to charge a restocking fee for returned items, except in cases where the Products are defective or have been incorrectly supplied. 

12.3.          Refunds for returned Products will be processed within 30 days of receipt of the returned goods, subject to the Products being inspected and accepted by Fretronics Engineering. 

13.                Liability 

13.1.          Fretronics Engineering’s liability is limited to the replacement or repair of defective Products or a refund of the price paid for defective Products. 

13.2.          Fretronics Engineering shall not be liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, loss of business, or loss of goodwill. 

13.3.          Nothing in these Conditions shall limit or exclude Fretronics Engineering’s liability for death or personal injury caused by its negligence or for any matter which cannot be limited or excluded under applicable law. 

14.               Governing Law 

14.1.          These Conditions and any contracts formed under them are governed by and construed in accordance with the laws of Scotland. 

14.2.          Any disputes arising in connection with these Conditions will be subject to the exclusive jurisdiction of the Scottish courts. 

15.                General 

15.1.          Fretronics Engineering reserves the right to amend these Conditions at any time, and the Customer is deemed to accept the updated Conditions upon placement of any new orders. 

15.2.          No waiver of any breach of these Conditions shall be deemed a waiver of any subsequent breach. 

15.3.          If any provision of these Conditions is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. 

15.4.          For further information or queries, please contact Fretronics Engineering using the details provided above.