Terms & Conditions
All our quoted prices are in £ sterling. We reserve the right to change any price subject to the current market conditions on availability of stock.
We accept all major credit cards online but if you do not wish to purchase online then please e-mail us with details of your order (your name, address and contact details) and we can arrange payment by the following methods:
We currently only accept Paypal and all major cards as a payment method.
Products listed are normally in stock and where possible we will note any delays in producing them. Should a product be unavailable at the time of your order we will advise immediately and offer the choice to wait for new stock, exchange or have a refund issued. Product packaging may vary from time to time.
We reserve the right to change product specifications or withdraw products from sale at any time.
We reserve the right to change these terms and conditions at any time without any given notice.
FOUR4TH terms and conditions
Set out below are our current standard terms and conditions of sale. These terms and conditions of sale along with the operating manual will apply to all orders we receive from you and subsequent sales to you.
By using Four4th equipment you accept these terms and conditions, if you do not accept these terms and conditions please return the item to us within 7 days. Please return them to us unused, in their original undamaged packaging, in a saleable condition, with your original receipt and we will give you a refund.
Specifications and Information
Goods are supplied to the company’s standard specifications:
Each LED light unit supplied is warranted to last 1 year and has a replacement / repair warranty should any unit fail within this period subject to uses or misuses. It is the customer’s responsibility to ensure that the goods ordered are suitable for the use in which they intend to be used in line with the operation manual.
All warranty and liability claims are null and void in the event of personal injury or damage to property if the injury or damage can be traced back to one of the following causes:
- Improper use of the device;
- Improper installation, commissioning, operation and maintenance of the device and the associate options;
- Non-observance of maintenance intervals (12 months);
- Non-observance of the safety notes in the instruction manual, regarding positioning, installation, com-missioning, operation and maintenance of the LED light
- Operation of the device in less than optimal condition
- Improperly conducted repairs
- Four4th products used under timed and race conditions.
- Catastrophic cases due to the effects of foreign matter, an accident, vandalism, as well as acts of god
The manufacturer only accepts warranty and liability claims as long as the specified maintenance and service intervals are observed as stated in the operation manual (batteries should be serviced every 12 months), and if original spare parts are used in the device supplied by the manufacturer and/or by an authorised supplier.
- Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Force Majeure (nature)
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire explosion, flood, epidemic, lock-outs, strikes or other about 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.
- Limitation of Liability
Attention is drawn to the provisions of this Condition
- Subject to Condition 9. the following provisions of this Condition 10 set out the entire financial liability of the Company including any liability for the acts or omissions of its employees, agents and sub-contractors) in respect of any breach of these Conditions and any representation, statement or tortinus act or omission including negligence arising under or in connection with the Contract.
- All terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law excluded from that Contract.
- Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or for fraudulent presentation. The company holds no liability outside of UK law and items bought are at the buyers own risk.
- Subject to Conditions 10.2 and 10.3
- The Company’s total liability in contract tort (including negligence or breach of statutory duty, misrepresentation or otherwise arising in connection with the performance or contemplated performance of this Contract shall be limited to the price paid by the Buyer and
- The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill otherwise) costs, expenses or other claims for consequential compensation (howsoever caused which arise out of or in connection with the Goods.
- The Company warrants that the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
- The Company shall not be liable for a breach of the Warranty in Condition 9.1 unless the Buyer gives written notice of the defect to the Company and if the defect is as a result of damage in transit) to the carrier within 7 days of delivery, and the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer if asked to do so by the Company) returns such Goods to the Company’s place of business at the Buyer’s expense for the examination to take place. Please note that the returned goods are your responsibility until they reach us. We cannot be held responsible for any goods lost in transit to us
- Returns must be sent within 14 days of delivery and handling charges will apply
- Unwanted items or orders placed in error can be returned within 14-days for a full refund at the discretion of the director. Just return them to us unused, in their original undamaged packaging, in a saleable condition, with your original receipt and we will give you a credit / refund. Handling charges will apply. If you do not have your receipt, as long as you have a proof of purchase we will exchange the item or give you a refund at the discretion of the director of the company.
- Faulty goods
- If your goods have arrived with a manufacturing defect, or are inherently faulty, please return the goods to us within 14 days of receipt where we will be happy to process an exchange (where possible). Handling charges will apply to the buyer for all returned items.
- Incorrect/faulty goods must be returned to us before replacements are sent out.
- Within 12 months of the delivery date, if there is a fault with your product, we will normally offer a prompt repair, or service the repaired unit.
- To qualify for a refund or exchange the faulty product must be free of faults caused by accident, neglect, misuse or normal wear and tear.
- We test every item returned to us, once received it will be inspected and tested rigorously by our technicians Within 28 days subject to condition of goods repair or service exchange unit . A replacement will be authorised should a fault be found.
- In the event of a replacement not being available an alternative product will be offered and in certain circumstances a full refund will be offered at the discretion of the director.
- If no fault can be found, the item will be returned to you at your expense.
- If any item arrives damaged please contact us immediately or within 7 days of delivery for a replacement order.
- Items not claimed as damaged after this period may not be authorised for replacement.
- Incorrect/faulty goods must be returned to us before replacements are sent out.
- Incorrect items
- If the item we have sent you is incorrect or different to that stated on your invoice, please return the item to us within 14 days where we will be happy to process an exchange (where possible) or refund.
- Four4th will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Four4th under this condition and Four4th shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
- All goods returned will be inspected for damage and authenticity upon receipt, if Four4th discovers any defects, we reserve the right to refuse to refund or replace and return the item(s) to you.
- An order may not be cancelled by the Buyer without the prior written consent of the Company. No cancellation by the Buyer will be accepted by the Company after the Goods have been dispatched. Goods are normally dispatched within 24 hours depending on stock levels. Therefore any cancelations must be made within 24 hours of the order being placed.
- No payment shall be deemed to have been received until the Company has received cleared funds.
- The Company reserves the right to withhold all deliveries under any Contract until all sums due to the Company have been paid in full.
- Should the Company have to re-present a cheque which it has received from the Buyer, for whatever reason, the Company reserves the right to levy a surcharge of £17.00 + VAT to the Buyer for each and every occurrence
- Unless otherwise agreed by the Company in writing (and except in cases of obvious error) the price for the Goods shall be the price set out on the Company’s website as in force at the date of invoice. But the Company reserves the right to alter such prices at its absolute discretion without notice.
- The Company reserves the right, by giving notice to the Buyer to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company any change in delivery dates or guarantees specified by the Buyer on any delay caused by the instructions of the Buyer or failure of the Buyer to provide adequate information or instructions.
- The price for the Goods shall be inclusive of value added tax where stated which shall be paid at the rate and in the manner for the time being provided by law.
- Carriage will be paid by the buyer. Prices for postage are on the website at time of sale. Further charges may apply where alternative delivery terms are agreed. We will not accept any posting charges at any time.
- A minimum handling charge of £25.00 will be added to orders.
- The Goods are at the risk of the Buyer from the time of delivery
- Ownership of the Goods shall not pass to the Buyer until the Company has received in full in cash or cleared funds all sums due to it from the Buyer on any account.
- Until ownership of the Goods has passed to the Buyer, the Buyer must hold the Goods on a fiduciary basis as Company’s Bailee, store the Goods (at no cost to the Company) separately from all other goods in such a way that they remain readily identifiable at 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.
- The Buyer’s right to possession of the Goods shall terminate immediately if :
- The Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors or otherwise takes the benefit of any relief for insolvent debtors, or (being a budy corporate) convenes a meeting of creditors (whether formal or informal) or enters into liquidation except a solvent voluntary liquidation for the purpose of reconstruction or amalgamation or has a receiver and/or manager, 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 Buyer or for the granting of administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer, or
- The Buyer suffers or allows any execution, whether legal or equitable to be levied on his/it’s property or obtained against him/it, or fails to observe/perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade or
- The Buyer encumbers or in any way charged any of the Goods.
- The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
- FOUR4TH can not be held liable for any loss or failure of any FOUR4TH products under timed and race conditions.
- Non Delivery
- The quantity of any delivery of Goods is recorded by the Company upon despatch from the Company’s place of business and shall be definite evidence of the quantity received by the Buyer.
- The Company shall not be liable for any non delivery of Goods even if caused by the Company’s negligence unless written notice is given to the Company within 3-days of the date when the Goods would in the ordinary course of events have been received.
- Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note.
- Unless otherwise agreed in writing by the Company delivery of the Goods shall take place at the address detailed on the Buyer’s order.
- Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.
- Subject to the other provisions of these Conditions the Company will not be liable for any loss including loss of profit, loss, damages, charges or expenses caused directly or indirectly by any delay of the delivery of the Goods (even if caused by the Company’s negligence) nor will any delay allow the Buyer to cancel the contract. If for any reason the Buyer will not accept delivery of any of the goods, or the Company is unable to deliver the goods on time because the Buyer has not provided appropriate instructions or documents, risk in the goods will pass to the Buyer including loss or damage caused by negligence) the Goods will be deemed to have been delivered and the Company may store the Goods until delivery at which point the Buyer will be liable for all related costs and expenses (including storage).
- The description of the Goods shall be as set out on the Company’s website and pricelist.
- The Buyer should always ensure that the Goods ordered are suitable for the intended purpose.
- The Company reserves the right without liability to the Buyer to make any changes in the specification for any of the Goods without prior notice.
- Application of Terms
- These conditions apply to all the Company’s Sales of Goods and any variation of these Conditions shall have no affect unless expressly agreed in writing and signed by a Mr Derick Coppola the Director of the Company
- Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
- Orders should be sent via the website or via email and should state the Buyer’s relevant order number. Verbal orders will be accepted but the Buyer will be responsible for any errors of description, quantity or date of delivery in goods supplied.
- No order placed by the Buyer shall be deemed to be accepted by the Company until the Company sends an Order Acknowledgement.
- The Buyer must ensure that the terms of any order or related document are complete and correct.
In these Conditions the following words have the following meanings:”the Buyer” means the person(s), firm or company purchasing the Goods from the Company; (A person who is not a party to the Contract shall have no rights under the Contract)”the Company” means Four4th LTD whose registered office is Sherwood House 41 Queens Road Farnborough Hants GU14 6JP;”Conditions” means the terms and conditions of sale set out in this document;”Contract” means any contract between the Company and the Buyer for the sale and purchase of the Goods which shall be subject to the Conditions;”Goods” means the goods which the Buyer agrees to purchase and the Company agrees to sell.Mentions to “writing” or similar expressions include a reference to e-mail but dose not include text messages.
- Batteries Batteries must be fitted as instructed QR stem batteries under the stem and QR enduro batteries under the top tube. Damages and repairs will not be recoverable under warranty if batteries are fitted incorrectly.
- Governing Law and Jurisdiction
These terms and conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.
- Scorpion Extension Bracket
The extension bracket is sold on the understanding that incorrect fitting can lead to failure of the product. As we are unable to oversee fitting we cannot take responsibility for failure of the bracket or any ensuing loss of the Scorpion light unit.
- Warranty & Manuals
Transfer of product from first purchaser to another purchaser terminates the warranty. Consequential and incidental damages are not recoverable under warranty. All instructions are mandatory, regardless of phrasing.
Packages are sent by First Class Recorded post where possible and larger items will be sent by Parcel Force. Smaller low-cost items may be sent standard 1st class. High value items may be sent Special Delivery for extra security.
We reserve the right to a 14-day delivery policy although your order should arrive within 5 days. Please allow for bank holidays and weekends. Our normal postal days are Monday to Friday, last mail run is Saturday at 12:00pm and all mail is collected from the post office at 5pm each weekday.
Postage for all heavy items is pre-set for each product and calculated in your shopping basket. Our shipping calculator will default to the single-highest shipping cost in your basket. You will not be charged multiple postage on every individual item in your basket.