TERMS AND CONDITIONS OF SALE

 

Website Conditions

Welcome to the www.futurenergy.co.uk website terms and conditions for use. These terms and conditions apply to the use of this website By using/accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, please do not use this website.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
We will not e-mail you in the future unless you have given us your consent.
The information we will store will be:

  • your name
  • address
  • phone number
  • e-mail address

    We do not retain your credit/debit card details
    We will never collect sensitive information about you without your explicit consent.
    The information we hold will be accurate and up to date. You can check the information that we hold about you by telephoning us. If you find any inaccuracies we will delete or correct it promptly.

  • Cancellation by us
    We reserve the right to cancel the contract between us if:
    • We have insufficient stock to deliver the goods you have ordered, or
    • We do not deliver to your Area / Country, or
    • One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier.
    If we do cancel your contract we will notify you by email and will re-credit your account any sum deducted by us in relation to the order. We are not obliged to offer any compensation for disappointment suffered.
    Security & Peace Of Mind
    All online orders placed with us are processed through a secure server (SSL). This secure server encrypts all information disclosed to us before it is transferred from your P.C. This ensures that your details are not accessible by any third parties. We take the subject of fraud very seriously and adhere strictly to the code of practice as set down in the UK Data Protection Acts of 1984 & 1998. We do not keep records of your details that would be accessible by other parties online and we will not contact you unless your permission is given.
    We use the latest technology to ensure that any information transmitted or stored via our secure servers is safely protected.
    Our security measures conform to the industry standard guidelines, as set out by the major banks, for protecting and storing credit card information :-
    • SSL (maximum 128 bit, minumum 40 bit) to encrypt your data as it passes over the Internet
    • Firewalls to prevent illegal access to the servers
    • Network partitioning to isolate the servers from internal machines
    After Sales Service Disclaimer
    Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
    The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations,warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
    Liability
    We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
    Copyright & Images
    All logos graphics, text and contents of this web site are the copyright of Futurenergy Ltd. Permission is granted to
    electronically copy and print portions of this site for the purpose of placing an order with Futurenergy Ltd.
    Any other use of information on this site without the prior written permission is strictly forbidden.
    Whilst we endeavour to ensure that images are correct and a true representation, please be advised that we cannot be held
    responsible for incorrect images. Please contact us if you need any verification on product images.
    Availability/ Refunds
    Whilst we endeavour to hold sufficient stock to meet sales orders we cannot be held responsible or offer any compensation for any disappointment endured if we fail to meet our designated delivery time or fulfill an order.
    All orders are subject to availability.
    If we are unable to deliver within our specified time we will contact you
    We will try to arrange an alternative date that is suitable to you.
    If this is not acceptable, you have the option to cancel your order, and you will receive a full refund.
    Statutory Rights
    These terms and conditions do not affect your statutory rights as a consumer.
    Methods of Payment
    Secure Online Card Payments
    We accept the following debit / credit cards:
    Visa
    VisaDelta
    VisaElectron
    Maestro/Switch
    Mastercard
    We do not retain your Credit / Debit Card Details
    You can also pay by direct bank transfer and Paypal.
    Prices
    All prices are Exclusive of VAT quoted in Pounds Sterling and are ex worksDelivery Charges : will be calculated on an individual order basis and will be billed at cost
    Delivery
    We normally despatch within 7 working days, subject to availability. In the unlikely event of there being a delay we will contact you by e-mail. Delivery to you is normally between 9.00am and 5.00pm weekdays.
    Please note that whilst we try to ensure deliveries & collections run as smoothly as possible, we cannot be held responsible for non delivery or collections of items on a particular day. We will not be liable to you for any direct or indirect loss, damage or expense (including loss of profit, business or goodwill), howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation.
    Please inspect your consignment before signing any paperwork. If in doubt please sign as ” Uninspected ”
    You must please report any shortages / Breakages within 3 working days by calling our office.
    Guarantee
    Our products carry a one year limited product guarantee to the original purchaser beginning upon the date of installation or ninety (90) days after shipment from our factory, whichever comes first against defects in parts or workmanship unless otherwise specified. The guarantee covers replacement of faulty parts.
    Some of our products may ( subject to contract ) be guaranteed for a longer period on a product by product basis and will be usually subject to a valid maintenance contract with Futurenergy Ltd or our nominated supplier.
    In the event of a part failure due to faulty parts or workmanship, the part will be replaced free of charge during the guarantee period only. Once we have established the reason for failure, Futurenergy may refund the shipping costs assuming that the items has failed due to faulty workmanship or materials. If the item has failed due to wear and tear, misuse or damage, no refund will be issued. Alternatively, the customer may visit our premises by arrangement to exchange the faulty unit. No exchange will be given without the return of the original part, although obviously this does not affect your statutory rights. This guarantee has specific exclusions:
    Wear and tear
    • Accidental damage or damage due to Abuse, misuse or vandalism
    • Damage caused to wind turbines and electronics by exposure to high winds, or gusts exceeding the maximum design speed of the turbine. The turbines we supply are designed for high output at low wind speed, and are therefore less suitable for high wind areas. Use of these wind turbines in coastal areas or use in other high-wind areas is at the customer’s risk only.
    • Damage caused to electrical components by disconnecting any component during operation. Disconnection of the inverter, batteries, charge controller or turbine whilst any component is powered/delivering power can cause irreversible damage.
    • The guarantee is automatically invalidated if any part of a system is modified (even if the modified part is not the component that has failed), unless prior agreement is obtained in writing from Futurenergy Ltd
    • Damage caused to the wind turbine or blades caused by over-spinning due to running without suitable load or battery connected
    • Damage caused to wind turbine by out-of-balance hub/blades. The responsibility of balancing the blades lies with the installer, who must do so AFTER assembly
    • Failure to periodically service and maintain system in accordance with maintenance schedule.
    • The blade system having paint or other coatings applied to the surface of them.
    • Damage caused to wind turbine blades due to abrasion by particles carried by the wind.
    No liability is accepted for any damage caused to persons or property as a result of failure to follow product safety instructions, misuse, or as a result of alternative installation methods, fixings or applications outside of those set out by Futurenergy. All machinery and equipment supplied by Futurenergy, and wind turbines in particular should be operated a safe distance from individuals and property. If you are unsure of the acceptable safe distance, please consult before setting up the equipment. The turbine should not be erected where tower failure or turbine failure can cause the machinery to fall onto individuals or propety. When the wind turbine is operational, no personnel should come within a distance equivalent to twice the tower height for safety reasons. Any injury caused by failing to heed these warnings will not be the liability of Futurenergy.
    FuturEnergy denies any liability for damage to any other equipment that may be used in conjunction with our products unless it can be demonstrated that our equipment is at fault. This is because we have no control over what equipment is used or how it may be used, and therefore we are not in a position to guarantee its safeguard. Sometimes incompatibility can occur between different types of equipment, or some equipment may be designed for light duty use only – although this may not be immediately apparent… If in doubt please consult us beforehand.
    Damage to batteries due to excessive deep discharge, short-circuiting, excessively high load, excessive charging, loss of electrolyte, failure to maintain electrolyte level, topping up using fluid other than distilled or deionised water or any weather condition outside of the manufacturer’s specification for battery use.

    General Terms

    Transfer of Property
    The risk in all goods sold by the COMPANY ( Futurenergy Ltd ) shall pass to the Purchaser upon delivery thereof to him or to any carrier or agent acting on his behalf. Ownership of the goods shall not pass to the Purchaser until the company has received in full (in cash or cleared funds) all sums due to it in respect of
    the goods; and all other sums which are or which become due to the COMPANY from the Purchaser on any account.
    Until ownership of the goods has passed to the Purchaser, the Purchaser must :
    Hold the goods on a fiduciary basis as the COMPANY’S bailee;
    Store the goods (at no cost to the COMPANY) separately from all other goods of the Purchaser or any third party in such a way that they remain readily identifiable as the COMPANY’S property;
    Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;]
    Maintain the goods in satisfactory condition insured on the COMPANY’S behalf for their full price against all risks to the reasonable satisfaction of the COMPANY. On request the Purchaser shall produce the policy of insurance to the COMPANY; and
    hold the proceeds of the insurance referred to in this condition on trust for the COMPANY and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
    The Purchaser may resell the goods before ownership has passed to it solely on the following conditions;
    Any sale shall be effected in the ordinary course of the Purchaser’s business at full market value [and the Purchaser shall hold such part of the proceeds of sale as represent the amount owed by the Purchaser to the COMPANY on behalf of the COMPANY and the Purchaser shall account to the COMPANY accordingly; and
    any such sale shall be a sale of the COMPANY’S property on the Purchaser’s own behalf and the Purchaser shall deal as principal when making such a sale.
    The Purchaser’s right to possession of the goods shall terminate immediately if;
    the Purchaser has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any Act for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of the 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 manger, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Purchaser or for the granting of an administration order in respect of the Purchaser, or any proceedings are commenced in relation to the insolvency or possible insolvency of the Purchaser; or
    the Purchaser 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/perform any of his/its obligations under this contract or any other contract between the COMPANY and the Purchaser, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Purchaser ceases to trade; or
    the Purchaser encumbers or in any way charges any of the goods.
    The COMPANY shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods have not passed to the COMPANY.
    The Purchaser grants the COMPANY, 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 Purchasers right to possession has terminated, to recover them.
    Cancellation or Variation of Orders
    After the posting by the COMPANY of the acknowledgement of order to the Purchaser, no purported cancellation or variation of an order, whether in whole or in part, shall be of any effect unless expressly accepted in writing signed by an authorised officer of the COMPANY and upon terms that the Purchaser immediately pay the COMPANY all sums that the COMPANY may certify as representing the cost to the COMPANY of such cancellation or variation.
    Return of Goods
    Goods may not be returned to the COMPANY except by prior written permission of an authorised officer of the COMPANY and such return shall be subject to payment by the Purchaser of handling and re-stocking charges, transport and all other expenses incurred by the COMPANY.
    Jurisdiction
    The COMPANY shall not be liable to the Purchaser in contract or in tort for any loss or damage, howsoever caused, whether direct or indirect, consequential or otherwise and whether suffered by the Purchaser or any third party except as expressly provided in these conditions.
    These conditions are subject solely to English law and any dispute arising therefrom shall be settled in accordance therewith.
    Severence
    If any provisions of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
     
    • +44 (0) 1789 450280
    • Ettington Park | Stratford upon Avon | CV37 8BT
    • +44 (0) 1789 450280
    • Ettington Park | Stratford upon Avon | CV37 8BT