TERMS AND CONDITIONS OF SALE (“Conditions”)                                      

1              Interpretation                    

1.1          The definitions and rules of interpretation in this Contract are as follows:                           

                                               

Customer              means the person, firm or company who purchases the Goods from Fibrenet Global.        

                                               

Fibrenet Global    means Fibrenet Global Limited (company number 09383361) of 28 Lower Addison Gardens, London W14 8BQ.

                                               

Contract                 means any contract between Fibrenet Global and the Customer for the sale and purchase of the Goods, incorporating these Conditions.                       

                                               

Delivery Point      means the place where delivery of the Goods is to take place under condition 4.

                                               

Documentation    shall mean the documentation that accompanies the Goods (or is available to the Customer on request) which details, where applicable, any Operating Instructions, warnings or cautions, instructions as to how the Goods should be stored and installed and any other instructions or guidance that Fibrenet Global or the manufacturer consider appropriate.                       

                                               

Goods                     means any hardware or other goods agreed in the Contract to be supplied to the Customer by Fibrenet Global (including any part or parts of them).                             

                                               

Operating Instructions       means all written instructions and guidance supplied in the Documentation or as otherwise made known to the Customer which detail instructions relating to the storage, use and maintenance of the Goods.                           

                                               

RMA Form             means the return material form that will need to be completed, pursuant to Condition 12, by the Customer should they wish to return any Goods to Fibrenet Global.                       

                                               

RMA Number       means the number that may be issued by Fibrenet Global to the Customer, following completion of a RMA Form to permit the Customer to return Goods.                      

                                               

Warranty               means (if applicable) the warranty given to the Customer by Fibrenet Global in relation to the Goods as detailed in Fibrenet Global’s quotation.                             

                                               

1.2          A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.                     

1.3          Words in the singular include the plural and in the plural include the singular.                    

1.4          Condition headings do not affect the interpretation of these Conditions.                               

1.5          All obligations in these Conditions shall apply to all employees, subcontractors or agents of the Customer as they apply to the Customer.  Any breach of such obligations or any acts or omissions of such employees, subcontractors or agents shall for the purpose of these Conditions be deemed to be a breach, act or omission of the Customer.                

                                               

2              Application of Terms                          

2.1          Subject to any variation under condition 2.3 the Contract shall be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply whether under any purchase order, confirmation of order, specification and whether in writing or otherwise).  Employees and agents of Fibrenet Global are not entitled to make representations in relation to the Goods and to the extent that they do, unless they form an express part of this Contract, such representations do not form part of this Contract.                             

2.2          No terms or conditions endorsed on, delivered with or contained in the Customer's purchase order, confirmation of order, specification or other document or by any other means shall form part of the Contract simply as a result of such document being referred to in the Contract.                   

2.3          These Conditions apply to all of Fibrenet Global’s sales and any variation to these Conditions and any representations or warranties about the Goods or otherwise shall have no effect unless expressly agreed in writing by Fibrenet Global. The Customer acknowledges that it has not relied on any statement, promise, representation or warranty made or given by or on behalf of Fibrenet Global which is not set out in the Contract. Nothing in this condition shall exclude or limit Fibrenet Global's liability for fraudulent misrepresentation.                         

2.4          Each time a Customer makes an enquiry as to the availability or price of any Goods, Fibrenet Global will provide the Customer with a quotation.  Any quotation given by Fibrenet Global shall be an invitation to treat and shall not be deemed an offer.  The Customer may reject the quotation or accept the quotation by placing an order based upon Fibrenet Global’s quotation.                 

2.5          Each order placed by the Customer (or, if applicable, an order by the Customer based upon Fibrenet Global’s quotation) for Goods from Fibrenet Global shall be deemed to be an offer by the Customer to buy Goods subject to these Conditions.                     

2.6          Fibrenet Global shall be entitled to refuse any order placed by the Customer and shall only be deemed to have accepted the Customer’s order once Fibrenet Global has clearly provided notice that it has accepted the Customer’s order or (if earlier) Fibrenet Global delivers or commences delivery of the Goods to the Customer.                  

2.7          All orders are subject to availability, even following acceptance of such order by Fibrenet Global.  

2.8          The Customer shall ensure that the terms of its order and any details the Customer provides Fibrenet Global for the purpose of ordering any Goods are complete and accurate.                     

2.9          Any quotation is given on the basis that no Contract shall come into existence until acceptance in accordance with condition 2.6.                      

2.10        Other than in relation to condition 11 no order which has been accepted by Fibrenet Global may be cancelled by the Customer except with the written agreement of Fibrenet Global and on terms to be determined by Fibrenet Global.                

2.11        If the Customer buys any goods from Fibrenet Global subsequent to entering into the Contract and no conditions are specifically referred to the Customer agrees that such purchase shall be strictly subject to these Conditions.                              

                                               

3              Description                          

3.1          The quantity and description of the Goods shall be as set out in Fibrenet Global’s quotation or if there is no such quotation as otherwise specified by Fibrenet Global or fibrenet.co.uk                      

3.2          All samples, drawings, descriptive matter, specifications and advertising issued by Fibrenet Global and any descriptions or illustrations contained on Fibrenet Global’s website or in Fibrenet Global's catalogues, brochures or otherwise are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.       

3.3          If for any reason Fibrenet Global are unable to supply any of the Goods ordered by the Customer, Fibrenet Global shall be entitled to offer the Customer an alternative product that Fibrenet Global considers a suitable alternative.  If the Customer does not accept the alternative product then the Customer shall be entitled to a full refund (at a pro rata rate) of any money it has paid to Fibrenet Global for the Goods that Fibrenet Global was unable to deliver.  In such an event this will be the Customer’s sole remedy.                                

                                               

4              Delivery                

4.1          Unless otherwise agreed by Fibrenet Global in writing, Fibrenet Global shall (or Fibrenet Global’s appointed courier shall) deliver the Goods to the address made known to Fibrenet Global during the ordering process or any other address which Fibrenet Global considers appropriate.  If the Customer fails to provide suitable instructions as to where the Goods should be delivered, Fibrenet Global may treat the Goods in accordance with condition 4.4.                 

4.2          Any dates specified by Fibrenet Global for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence or made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.                               

4.3          Subject to the other provisions of these Conditions Fibrenet Global shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by Fibrenet Global's negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract unless delivery is delayed by more than 1 month in which case termination and a full refund of any money paid to Fibrenet Global for the Goods undelivered shall be the Customer’s only remedy.                  

4.4          If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or Fibrenet Global is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:                

4.4.1                                       risk in the Goods shall pass to the Customer;                

4.4.2                                       the Goods shall be deemed to have been delivered; and          

4.4.3                                       Fibrenet Global may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).              

4.5          The Customer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour required to unload and take physical possession of the Goods.                   

4.6          If Fibrenet Global delivers to the Customer a quantity of Goods of up to 10% more or less than the quantity accepted by Fibrenet Global, the Customer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate, such surplus or shortfall to be paid, as appropriate by (at Fibrenet Global’s option) a refund (or credit note) from Fibrenet Global or a further payment by the Customer                          

4.7          Fibrenet Global may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.                          

4.8          Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.

                                               

5              Non-delivery or Incorrect Delivery                 

5.1          The Customer must inspect the Goods immediately upon delivery.  The Goods shall be deemed to have been delivered in accordance with Fibrenet Global’s records relating to their despatch in a good and undamaged condition and in full working order and in the correct quantity unless Fibrenet Global receives written notice of any visible damage or apparent defect or of any issues regarding the quantity of Goods delivered within 10 days of delivery.                    

5.2          Fibrenet Global shall not be liable for any non-delivery of Goods (even if caused by Fibrenet Global's negligence) unless the Customer gives written notice to Fibrenet Global of the non-delivery within 10 days of the date when the Goods would in the ordinary course of events have been received.                           

5.3          Any liability of Fibrenet Global for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time, or at Fibrenet Global’s sole discretion providing a refund or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.                         

                                               

6              Risk/title                              

6.1          The Goods are at the risk of the Customer from the time of delivery to the Customer or the Customer’s agent or carrier.                                

6.2          Ownership of the Goods shall not pass to the Customer until Fibrenet Global has received in full (in cash or cleared funds) all sums due to it in respect of:                        

6.2.1                                       the Goods; and    

6.2.2                                       all other sums which are or which become due to Fibrenet Global from the Customer on any account.               

6.3          Until ownership of the Goods has passed to the Customer, the Customer shall:                   

6.3.1                                       hold the Goods on a fiduciary basis as Fibrenet Global's bailee;

6.3.2                                       store the Goods (at no cost to Fibrenet Global) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as Fibrenet Global's property;            

6.3.3                                       not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

6.3.4                                       maintain the Goods in a brand new condition and keep them insured on Fibrenet Global's behalf for their full price against all risks to the reasonable satisfaction of Fibrenet Global. On request the Customer shall produce the policy of insurance to Fibrenet Global.      

6.4          The Customer may resell the Goods before ownership has passed to it solely on the following conditions:                   

6.4.1                                       any sale shall be effected in the ordinary course of the Customer's business at full market value; and               

6.4.2                                       any such sale shall be a sale of Fibrenet Global's property on the Customer's own behalf and the Customer shall deal as principal when making such a sale.         

6.5          Until title has passed to the Customer, the Customer shall account to Fibrenet Global for the proceeds of sale or otherwise of the Goods and account to Fibrenet Global for any insurance proceeds in relation to the Goods, and shall keep all such proceeds of sale or insurance separate from any moneys or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.                       

6.6          Until title has passed to the Customer the Customer's right to possession of the Goods shall terminate immediately if:                               

6.6.1                                       the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or        

6.6.2                                       the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or is otherwise in breach of the Contract or any other contract between Fibrenet Global and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or   

6.6.3                                       the Customer encumbers or in any way charges any of the Goods.         

6.7          Fibrenet Global shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from Fibrenet Global from the Customer.                          

6.8          If the Customer’s right to possession terminates under clause 6.6 Fibrenet Global shall be entitled to enter into the Customer’s premises and repossess such Goods or require that the Goods are immediately returned to Fibrenet Global.                         

6.9          The Customer grants (and shall procure that any third party in possession of the Goods (the “Possessing Party”) grants) Fibrenet Global, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Customer's right to possession has terminated, to recover them and the Customer shall give (and procure that the Possessing Party gives) all access and assistance required to enable such inspection and/or recovery.                              

6.10        Where Fibrenet Global is unable to determine whether any Goods are the goods in respect of which the Customer's right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold by Fibrenet Global to the Customer in the order in which they were invoiced to the Customer.                    

6.11        On termination of the Contract, howsoever caused, Fibrenet Global's (but not the Customer's) rights contained in this condition 6 shall remain in effect.                   

                                               

                                               

7              Price                      

7.1          The price for the Goods shall be as stipulated by Fibrenet Global in the applicable quotation.                          

7.2          The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to delivery which the Customer shall, unless otherwise agreed, pay in addition when it is due to pay for the Goods.  Unless otherwise agreed between the parties in writing, delivery costs shall be as set out in Fibrenet Global’s quotation.                               

                                               

8              Payment                               

8.1          Payment of the price for the Goods is due in the currency stipulated in the quotation and such payment is to be made at the time of the order or as otherwise agreed in writing between the parties and the payment method shall be as advised by Fibrenet Global.  Unless otherwise stipulated by Fibrenet Global all invoices shall be paid within 30 days of the date of the invoice.                               

8.2          Time for payment shall be of the essence.                    

8.3          No payment shall be deemed to have been received until Fibrenet Global has received cleared funds.                         

8.4          The Customer warrants that any credit or debit card it uses to make the payment is its own (or its company’s card) and that the Customer is authorised to use it and that the card has sufficient funds or credit facilities to meet the cost of any Goods ordered from Fibrenet Global.                         

8.5          All payments payable to Fibrenet Global under the Contract shall become due immediately on its termination despite any other provision.                  

8.6          The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by Fibrenet Global to the Customer.                         

8.7          If the Customer fails to pay Fibrenet Global (or delay payment of) any sum due pursuant to the Contract, the Customer shall be liable to pay interest to Fibrenet Global on such sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.  Furthermore Fibrenet Global may, in the event of any delay or failure in payment, suspend or terminate the Contract and the Customer’s right to have delivery of or possession of the Goods shall, in such circumstances immediately terminate.                          

                                               

9              Quality                  

9.1          Fibrenet Global shall endeavour to transfer to the Customer the benefit of any warranty or guarantee given to Fibrenet Global by the manufacturer.                             

9.2          To the extent that it is applicable to the Goods, Fibrenet Global also sells such Goods subject to the Warranty (if any) as detailed in the quotation given by Fibrenet Global.                     

9.3          Fibrenet Global shall not be liable for a breach of any of the warranties in condition 9.1 or  9.2 unless:                         

9.3.1                                       the Customer gives written notice of the defect to Fibrenet Global within 10 days of the time when the Customer (or any end user or other third party) discovers or ought to have discovered the defect or breach; and     

9.3.2                                       Fibrenet Global is given a reasonable opportunity after receiving the notice of examining such Goods and the Customer (if asked to do so by Fibrenet Global) returns such Goods to Fibrenet Global's place of business for the examination to take place there and the Customer gives Fibrenet Global all information and assistance reasonably required in relation to such examination.           

9.4          Fibrenet Global shall not be liable for a breach of any of the warranties in condition 9.1 or 9.2 if:                   

9.4.1                                       the Customer or any end user or third party makes any further use of such Goods after giving such notice; or             

9.4.2                                       the defect or breach arises because the Customer or any end user or other third party failed to strictly follow the Operating Instructions, the guidance or instructions contained within the Documentation or any other of Fibrenet Global's (or the manufacturer’s) oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or  good trade practice; or   

9.4.3                                       the defect or breach arises out of any breach by the Customer of the Contract; or             

9.4.4                                       the Customer or any end user or other third party alters or repairs such Goods without the written consent of Fibrenet Global; or         

9.4.5                                       the Goods are used in combination with or otherwise together with any goods or services which are not supplied by Fibrenet Global or which are otherwise not approved in writing by Fibrenet Global as being compatible with the Goods.                

9.5          Subject to condition 9.3 and condition 9.4, if any of the Goods do not conform with any of the warranties in condition 9.1 or 9.2  Fibrenet Global shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if Fibrenet Global so requests, the Customer shall return the Goods or the part of such Goods which is defective to Fibrenet Global.                

9.6          If Fibrenet Global complies with condition 9.5 it shall have no further liability for a breach of any of the warranties in condition 9.1 or 9.2 in respect of such Goods.                             

9.7          Any Goods replaced shall belong to Fibrenet Global and any repaired or replacement Goods shall be given the same level of warranty protection that was still outstanding in relation to the replaced Goods.                            

9.8          If any Goods which the Customer claims to be defective are discovered, in the reasonable opinion of Fibrenet Global not to be defective, the Customer shall be liable for all costs and expenses incurred by Fibrenet Global in relation to (if appropriate) the collection of such Goods and the diagnosis of such Goods to determine whether or not they are defective.                 

9.9          Fibrenet Global makes no warranty as to the fitness of the Goods for any particular purpose and it is the sole responsibility of the Customer to determine by reference to information made available by Fibrenet Global in relation to such Goods whether or not the Goods are appropriate for the purpose they are required.                                         

                                               

10           Use of the Goods                

10.1        The Customer shall use the Goods strictly in compliance with the Operating Instructions and the accompanying Documentation and shall procure that any end user or other third party who uses or in any way deals with or handles the Goods does so strictly in compliance with the same.  Any failure to comply with the same shall negate the benefit of the protection provided to the Customer under the Contract including but not limited to the benefit of the warranty set out in condition 9.1 or 9.2.                               

10.2        If the Customer purchases any Goods which are components capable of being used with other products, unless expressly agreed in writing, Fibrenet Global makes no warranty about the compatibility of the Goods with such other products and the Customer and any end user or other third party shall use and combine the Goods with such products entirely at their own risk.  Such Goods will, if used correctly, comply with any warranty provided in condition 9 above but as soon as the Goods are used together with or alongside any other products such warranty may, at Fibrenet Global’s reasonable discretion, cease to apply.

10.3        The Customer shall also procure that any third parties who purchase the Goods from them or from the Customer are under the same obligations as set out in this condition 10 such that all third parties down the supply chain, as far as the end user, are under contractual obligations to use and in any way deal with or handle the Goods in strict compliance with the Operating Instructions and the Documentation.                              

10.4        Fibrenet Global (or its agents) may provide services in respect of the Goods it sells under this Contract, and such services shall be provided as agreed from time to time.                            

                                               

11           The Distance Selling Regulations                     

11.1        If the Customer is acting as a consumer, then in applicable circumstances, the Customer may be able to cancel a Contract in accordance with its rights under the Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”).               

11.2        If the Customer wishes to exercise its right to cancel the contract under the Regulations, it must contact Fibrenet Global within seven working days, commencing on the day after the Goods were delivered.  Following receipt of such notice Fibrenet Global will consider whether the Customer is entitled to cancel the Contract and if it deems appropriate issue the Customer a RMA Number in accordance with clause 12 .         

11.3        Fibrenet Global reminds the Customer of its duty to take reasonable care of the Goods within the cancellation period of seven days.  The Customer shall not (without limitation) be deemed to have taken reasonable care of the Goods if it in any way uses the Goods. Fibrenet Global respects the Customer’s right to inspect the Goods, but if the Customer chooses to exercise its right to cancel under the Regulations then the Customer must return the Goods with its original packaging, or make the Goods available for collection.            

11.4        All expenses incurred by the Customer as a result of exercising its right to cancel and returning the Goods (or the expense that Fibrenet Global’s reasonably incurs in collecting the Goods) shall be borne solely by the Customer.                       

11.5        The Customer may also be entitled to, in applicable circumstances, cancel an order for services under the Regulations within seven working days of purchasing the service provided that Fibrenet Global has not already started to provide the service.                               

                                               

12           Returns Policy                     

12.1        In the event that the Customer has received the wrong Goods; the Goods have been damaged in transit; the Goods are in breach of the Warranty; or the Customer wishes to return the Goods pursuant to its rights (if applicable) under the Consumer Protection (Distance Selling) Regulations 2000, the Customer may return the Goods to Fibrenet Global by following the returns procedure set out below.                 

12.2        To return any Goods, the Customer must complete an RMA Form and be issued with an RMA Number.  This RMA number must be clearly displayed on the outside of any packaging when returning the Goods.  An RMA Form can be requested [by emailing Fibrenet Global at [insert email address] OR [by telephoning [insert telephone number].                  

12.3        Customers must complete each RMA Form accurately and fully, giving correct product and order details and the reason for returning the Goods.  Fibrenet Global will, if it deems necessary, issue the Customer a RMA Number so that the Goods can be returned.                              

12.4        Customers must return any Goods that they wish to return in their original state together with all packaging, accessories, manuals and other documentation that came with the Goods.  Customers should securely repackage the Goods (preferably inside an outer box) and ensure that the RMA Number and Fibrenet Global’s full postal address is clearly visible on the outer packaging.  Customers should note that Fibrenet Global shall be entitled to charge a restocking fee of [25%] of the price of the Goods returned.                               

12.5        Customers must notify Fibrenet Global if they receive the wrong Goods or of any discrepancies in their purchase order to what the Customer actually receives, within [2] days of receipt of the item.          

12.6        Customers should note that the cost of, and responsibility for returning any Goods, shall be borne by the Customer.                 

                                               

13           Limitation of Liability                         

13.1        Subject to condition 13.4 the following provisions set out the entire financial liability of Fibrenet Global (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise:  

13.2        Both parties acknowledge and agree that the allocation of risk and liability contained in this Contract is reasonable in all the circumstances having regard to the price of the Goods and the nature of this Contract and the ability of each party to rely on its own insurance arrangements and other resources to bear or recover any loss and/or damage incurred.                      

13.3        All warranties, conditions and other terms expressed or implied by statute (save for the conditions implied by section 12 of the Sale of Goods Act 1979) common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.                               

13.4        Nothing in these Conditions excludes or limits the liability of Fibrenet Global:                      

13.4.1                                     for death or personal injury caused by Fibrenet Global's negligence; or

13.4.2                                     for any matter which it would be illegal for Fibrenet Global to limit or exclude or attempt to limit or exclude its liability; or        

13.4.3                                     for fraudulent misrepresentation.   

13.5                        Nothing in these Conditions is intended to limit or exclude any rights which cannot be limited by law and to the extent that they do, the relevant condition shall be deemed to be amended as necessary to ensure that such rights are upheld.                               

13.6                        Subject to condition 13.4, Fibrenet Global's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, or otherwise, arising in connection with the Contract:                                

13.6.1                                     shall, where such liability relates to specific Goods, not exceed the price paid by the Customer to Fibrenet Global in relation to such Goods;    

13.6.2                                     and in any event shall be limited to the price paid by the Customer in relation to such Contract.     

13.6.3                                     Fibrenet Global shall not, in any event be liable for loss of profits; loss of contracts; loss of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation or any indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise.  For the avoidance of doubt, the exclusions set out in this condition apply, whether such losses are direct, indirect, consequential or otherwise.             

13.7        Fibrenet Global shall not be liable to the Customer where such liability arises directly or indirectly from:                     

13.7.1                                     any act or omission of the Customer or any third party acting on their behalf or an end user of the Goods;  

13.7.2                                     any use of the Goods by the Customer, any third party acting on their behalf or an end user of the Goods, other than strictly in accordance with this Contract;      

13.7.3                                     any breach by the Customer of this Contract or any third party acting on their behalf;       

13.7.4                                     any failure of any equipment or products used in combination with the Goods.   

                                                               

14           Termination                         

14.1        Fibrenet Global may terminate a Contract immediately on notice, if the Customer:                             

14.1.1                                     commits a material breach of the Contract and, if the breach is capable of remedy, fails to remedy the breach within 30 days of written notice to do so; or   

14.1.2                                     ceases or threatens to cease to carry on business, proposes to compound with its creditors, applies for an interim order under Section 252 Insolvency Act 1986 or has a bankruptcy petition filed against it, enters into voluntary or compulsory liquidation, has a receiver, administrator, liquidator, trustee, administrative receiver or other similar action in jurisdiction or any steps are taken (including without limitation, the making of an application or the giving of any notice) by the party or by any other person in respect of the above.          

14.2                                        Following such termination Fibrenet Global shall not have any further obligations in relation to the Customer.                             

                                               

15           Assignment                          

15.1        Fibrenet Global may assign the Contract or any part of it to any person, firm or company.                 

15.2        The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of Fibrenet Global.                   

                                               

16           Intellectual Property Rights                             

16.1        All Intellectual Property Rights that exist in relation to the Goods belong to Fibrenet Global or their licensors or the manufacturers of the Goods or their Licensors. Nothing in this Contract assigns such Intellectual Property Rights to the Customer and the only right the Customer has in relation to such Intellectual Property Rights, is the right to use them in accordance with the terms of this Contract.                        

16.2        The Customer shall immediately inform Fibrenet Global if it becomes aware of any circumstances where the Goods (or any part of them) infringe the Intellectual Property Rights of any third party or where any third party infringes (or may infringe) any of the Intellectual Property Rights that exist in the Goods.             

16.3        For the purposes of this condition Intellectual Property Rights shall mean all intellectual property rights howsoever arising and in whatever media, whether or not registered or capable of registration, including (without limitation) copyright, database rights, patents, service marks, trade marks (whether registered or not), trade names, registered design rights, unregistered design rights, domain names, know-how, confidential information and any applications for the protection or registration of these rights and all renewals and extensions of them throughout the world.                      

                                               

17           Indemnity                            

17.1        The Customer shall indemnify Fibrenet Global in relation to any losses, claims, expenses (including legal costs) or damages which they may suffer as a result of any breach by the Customer of this Contract or as a result of any claim by any third party which is in any way caused by a failure of the Customer (or any third party or end user related to, or who purchase Goods from, the Customer or any third party down the supply chain, as far as and including the end user) to strictly comply with the Operating Instructions and the Documentation and the terms and conditions of this Contract.                            

                                                                                               

18           Force Majeure                     

18.1        Fibrenet Global shall have no liability under the Contract in relation to circumstances beyond the reasonable control of Fibrenet Global including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 45 days, the Customer shall be entitled to give notice in writing to Fibrenet Global to terminate the Contract.               

                                               

19           General                 

19.1        Each right or remedy of Fibrenet Global under the Contract is without prejudice to any other right or remedy of Fibrenet Global whether under the Contract or not.                   

19.2        If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.                 

19.3        Failure or delay by Fibrenet Global in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.                      

19.4        Any waiver by Fibrenet Global of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.                         

19.5        The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.                 

19.6        Any written notice may be delivered or sent by first class post or by courier to either party at the address for Fibrenet Global as set out in these Conditions and for the Customer as made known by the Customer during the ordering process or as otherwise communicated in writing from time to time.                              

19.7        The Contract supersedes all prior agreements, arrangements and undertakings between the parties in relation to the sale of the Goods and constitutes the entire agreement between the parties relating to the subject matter of the Contract.  The Customer confirms that they have not entered into this Contract on the basis of any representation or warranty that is not expressly incorporated into this Contract.                       

19.8        The Contract shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.                   

20           Customer Privacy Statement

20.1       In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

20.2         Your data is only stored in order to porcess and delivery your order and periodically supply emailed information about relevant products. This data is processed in accordance with local laws and is not sold to or shared with any third parties.