Quotations made by Forwessun Total Solutions Limited (“FTS”) and Forwessun International Limited (“FIL”) are subject to these Terms and unless otherwise agreed in writing with the customer before the project commences.
Forwessun Total Solutions Limited and Forwessun International Limited are referred to in these terms and conditions as Forwessun.
The quotation has been based on the information supplied by the customer and identified in the quotation.
Forwessun reserve the right to amend the quotation if the documentation and/or hardware supplied are not compatible with this information.
2. Customer supplied documentation and hardware
The project will not commence until an order number has been received. All requested documentation and hardware should also be provided before the project commences.
Customers’ documentation and hardware will not be disclosed to third parties without prior written consent from the customer.
4. Delivery schedule
Packages will be delivered within the timescales forecast in the quotation.
Delays and anomalies in customer supplied materials may result in the project being re-scheduled alongside other customer projects in progress at Forwessun and hence may mean a delivery later than that forecast.
If we are unable to proceed further or complete a project due to information, software or hardware not being supplied by the customer then we reserve the right to invoice the customer for the total order value.
5. Hardware, Software and documentation
Forwessun will retain a complete copy of all documentation and software relating to the package for at least 6 months from the date of acceptance.
Additional hardware, software and documentation requirements that the customer may have and which are not agreed before the project commences may be subject to a further charge.
Forwessun reserves the right to invoice up to the full amount if the customer cancels the order at any stage.
Forwessun will support the package provided for the life of the product excluding consumables from the date of final delivery and will visit the customer’s site if necessary to correct any faults within the package supplied.
If a site visit is required and the problems are found to be due to the fault of the customer, then Forwessun will charge the customer at the rate of £650 per day or part of each day plus an allowance for expenses and travel time. Forwessun will not support major changes made to the package either by the customer or a third party.
8. Terms of payment
Our normal terms of payment are 30 days from date of invoice, and this quotation has been based upon that requirement. If the customer’s terms of payment are greater than 30 days, then any orders raised must be for 5% more than the value quoted. Acceptance or these terms and conditions must be identified on the customer’s order.
Buyer shall pay all local taxes, however designated, levied or based upon this agreement.
Forwessun shall not be liable for any direct or indirect injury, damage or loss arising out of use of the product.
Forwessun shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of, or in any way connected with this agreement or resulting from any defect to the products, including, but not limited to, damages for lost profits, loss of use, lost data or any damages or sums paid by the buyer to third parties, even if seller has been advised of the possibilities of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, or any other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.
The sole liability of the seller to repair or replace shall be no greater than the aggregate purchase price of the products received by the buyer from the seller.
11. Title of Goods
Full legal title of goods remains with Forwessun until amount due is paid in full.