Terms Of Business

1.1 An acceptance of orders from the customer made by Flaming Ltd (“the Company”) shall be a contract of sale subject to these terms and conditions which shall prevail over any other document or communication from the Purchaser with whom the company is dealing (“the Customer”). The Company accepts an order when the Customer submits identification, delivery and payment details.

1.2 The order shall not bind the Company until the Customer accepts these terms and conditions, which are deemed accepted if the goods are sent for delivery.

2. Carriage, post and packing

2.1 Charges are made for all delivery options and will be invoiced to customers at the listed rates which will be confirmed and displayed on acceptance of the order by the company. Below is a basic outline of our delivery charges for goods under 20kg. For details of delivery prices outside UK and Eire please contact us.

Delivery Charges Effective 1st January 2023

Charges are for orders up to 20kg in weight unless otherwise stated – see notes below for surcharges. The exact delivery charge will be confirmed prior to order confirmation.

Please ensure that the correct delivery option is selected when placing your order, as an incorrect selection may result in delays to your order and an inaccurate charge being displayed.

UK Next Working Day Delivery: £12.00*
Pre-10.30: £25.00
Pre Noon: £15.00
Saturday Delivery: £35.00

Note that offshore deliveries (including Northern and Southern Ireland) operate on a non-guaranteed next working day basis.

* Working days defined as Monday to Friday, and delivery next day subject to order being placed before 3.30pm, credit clearance and stock availability. Standard delivery applies to UK only.

2.2 Racks, Wide Format Printer/Plotters and other large/heavy items

Deliveries of certain products may require a 2-person delivery crew, or are shipped as standard on a pallet. The standard delivery charge applies for a ‘drop-off’ delivery only at a ground floor customer location – it is assumed that the Customer will make arrangements for the movement of the products from the delivery location, or has a forklift to receive the products. If you have any additional requirements, such as a sited delivery, please contact your account manager. In some instances a chargeable site survey may be necessary.

2.3 Configuration/Installation Services

If you have requested a technical service such as pre-delivery configuration or installation, this will affect the product delivery date. Standard delivery charge in these instances is deemed to be next day delivery following completion of the pre-delivery service, or as a standard delivery timed to arrive the day before a visiting engineer. If you have any questions relating to this please speak to your account manager.

2.4 Exclusions from UK Mainland Next Day Delivery

Certain UK locations are not possible to reach with a standard next day delivery, most notably in parts of the Scottish Highlands. In these instances delivery will be standard 48 hours.

If you would like more information on this, please call 0121 655 2730.

Please note that any time or date stated for delivery is an estimate. Flaming will endeavor to ship the goods on time, but it is not possible to always guarantee next day delivery due to circumstances beyond our control.

3. Prices

3.1 Unless otherwise stated, prices for goods quoted by the Company are exclusive of value added tax, delivery, and insurance.

3.2 The Company shall be entitled to apply additional delivery charges where the customer requests partial delivery of an order. Where partial delivery is not requested, the Company will wait until all goods relating to an order are in stock before delivering to the Customer.

3.3 Prices quoted are those current at the time of quotation. The Company shall be entitled to alter prices to those current at the time of order, or withdraw the quotation where the goods can no longer be supplied.

3.4 The Company shall be entitled to alter prices to correct errors or omissions.

4. Delivery

4.1 Any time or date for delivery stated by the Company shall be treated as an estimate only and does not form a binding term of this Agreement. Whilst every effort will be made to dispatch goods on time no liability can be accepted by the company for failure to deliver within the advertised times. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused.

4.2 If the Company fails to deliver the goods, the Customer will not be charged for these goods. The company’s liability for all losses caused by failure to deliver the goods (including but not limited to consequential loss and loss of profits or business interruption) is limited to the price of the goods ordered. If the Company fails to deliver the goods for 28 days the customer is released from the Agreement and will not be charged for the goods.

4.3 The Company will accept no liability for shortages, damage to or non-delivery of goods unless the Customer notifies the Company in writing within three days of receipt of invoice or goods.

4.4 The Customer shall be bound to accept the goods when they are ready for delivery by the Company and delivery shall be deemed to take place when the goods are delivered to the Customer at the nominated address for delivery or to a nominated carrier as the case may be whereupon the risk of loss, breakage or any other damage whatsoever shall pass to the Customer.

4.5 If for any reason the Customer cannot accept delivery of the goods at the time when the goods are due and ready for delivery the Company may either elect to (1) store the goods pending their actual delivery and the Customer shall be liable to the Company for the costs (including insurance) of so doing but the Company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer, or (2) sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the customer for any shortfall below the price under the contract.

4.6 If for any reason the Customer refuses a delivery, a charge will be levied for returning the delivery to the Company or its warehouse.

5. Payment terms

5.1 The Company will not deliver goods before cleared funds have been received.

5.2 The Company will not deliver goods before credit/debit card transactions have been authorized.

5.3 The Company will not deliver goods if it has any evidence or suspicion that a Customer is attempting to commit fraud or any other crime.

5.4 The company will pass on all information it holds to the police and/or other authorities where it has any evidence or suspicion that a Customer is attempting to commit fraud or any other crime.

5.5 Credit accounts are offered subject to a minimum 3 months trading history with the Company and after credit scoring procedures set by the company, which may be altered from time to time, and approval by an authorized financial institution.

5.6 No right of offset exists between credit account orders and non credit account orders.

5.7 Unless otherwise expressly stipulated by the Company, Credit Account invoices are due and payable in sterling 30 days from the date of the invoice.

5.8 If, for any reason, full payment has not been received by the Company for goods that are in the possession of the Customer, it reserves the right to charge interest on the outstanding amount from the date of delivery, on a daily basis, at 3% above the base rate of Barclays Bank plc.

5.9 If an invoice becomes overdue for payment the full outstanding account becomes overdue and payable. The Company may charge interest at 8% above the base rate of Barclays Bank prevailing from time to time on overdue amounts. Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced has been credited to the Company’s bank account without recourse as cleared funds or the Company has received the full amount in cash.

5.10 If you wish to clear your credit account by way of credit or debit card there will be a 2.5% surcharge added.

5.11 Please note when paying for orders with a credit/debit card, that your card is charged at the moment you place the order. Payments taken for items out of stock will be held to enable immediate shipment of your order as soon as the stock becomes available.

6. Product specifications, details, etc.

6.1 Whilst the Company will make every endeavor to deliver the goods as they are advertised or displayed on the Flaming Ltd web sites or within any other Company brochure, actual dimensions, images, specifications and quantities may in certain circumstances vary from those so advertised and supplied. The Company reserves the right without prior notice to vary the specification of any goods without any liability to the Customer arising directly or indirectly from any such variation but the Company will use all reasonable endeavors to ensure that the goods are as near as possible to the goods as specified.

6.2 All photos, illustrations and other information contained on the website, sales literature and price lists are representative, for guidance only and do not form part of this agreement.

6.3 The Customer should check specifications, compatibility, suitability and legality of Goods with manufacturers before ordering if in any way unsure. Any advice or opinion offered by the Company or its representatives or agents should not be relied upon to make a purchasing decision.

7. Supply

In the event that the Company is unable to supply goods as ordered by the Customer the Company reserves the right to supply goods of equal or superior quality comparable to or compatible with the goods ordered at the same price. In the event that the goods ordered by the Customer become obsolete, the Company reserves the right to offer the Customer a substitute that may be at a higher price.

8. Property and title

No property or title to goods shall pass from the Company to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Company’s bank account without recourse as cleared funds or the Company has received the full amount in cash and the Customer shall indemnify the Company against any loss or damage to the goods prior to the passing of property therein whilst in the Customer’s custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer fails to take delivery of the goods, at the time when the Company has tendered delivery of the goods.

9. Cause beyond control

9.1 In the event that the Company is prevented from delivering the goods for sale as a result of any circumstance beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood, Terrorism, abnormal weather conditions, fire, Government action, delays by suppliers, accidents and shortages of materials, labor or manufacturing facilities and failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.

9.2 If the Company is prevented from carrying out its obligations they will notify the Customer within 14 days commencing with the estimated delivery date.

9.3 If the circumstances preventing delivery subsist for 3 months from and including the date the Company gives the Customer notice, then either party may cancel the contract. Such notice must be given when the adverse conditions subsist.

10. Trade name and mark

10.1 Indications of trade names or marks (other than those of the Company) shown documentation of the Company are not restricted to indications of manufacture but may be indicative of general use of systems, machines etc. associated with the use of such products.

10.2 The Customer acknowledges that rights in respect of trade marks, trade names, copyrights, patents and other intellectual property rights connected with the Goods do not pass to the Customer. Goods are not licensed by the Company and may require manufacturer’s agreement or license for use or resale in certain markets.

10.3 Any software supplied to the Customer by the Company comes with a licence to use the software from the manufacturer. The Customer must comply with these software licence terms in addition to the Company’s terms and conditions.

10.4 OEM Goods must be sold on to an end user with hardware by the Customer, in accordance with the manufacturer’s requirements.

10.5 Goods must not be altered, sold or used in any way or in any country that was not intended by the manufacturer.

11. Cancellation

Under normal circumstances goods are dispatched the same day as receipt of order. Depending on the status of your order, we may be able to cancel it. However, the Company reserves the right not to accept cancellation of orders. If for any reason an order is refused at the point of delivery, a charge will be levied for returning the delivery to the warehouse.

For assistance from customer services, please email [email protected] or call 0121 655 2730.

12. Returns and Delivery Issues

12.1 Current items, undamaged, fully marketable with original manufacturers’ packaging (which shall not be defaced) unopened with all wrappings and seals intact, may be returned by prior agreement of the Company, who reserve the right to levy a restocking fee. The customer is liable for payment of postage and packing charges incurred in the return of the goods. Flaming reserves the right to reassign costs to its customers levied by its suppliers relating to the return of any orders, including any applicable penalties. Requests for returns must be made within 10 working days from receipt of the goods.

12.2 Faulty or damaged items should be notified within seven days of receipt of goods, and will be dealt with in accordance with the returns procedure laid out by the manufacturer. All goods returned must be in the manufacturers’ original packaging complete with all ancillary items. Products tested and found not to be faulty will be returned to the customer and Flaming reserves the right to reassign accrued costs to its customers.

12.3 The company reserves the right to refuse returns for items which have become obsolete or were part of a special order, regardless of the time the return is requested or the condition of the goods.

12.4 Short shipment or inaccurate deliveries must be notified to our customer services department within 3 days.

12.5 Software Licensing products supplied by email have specific rules relating to errors. Any errors on the License must be reported within 10 days. Errors include any incorrect spelling of company name, address, quantity of licenses required, type of license required, or incorrect products ordered.

12.6 Returns must be requested via the online form available from your account information page (when logged in).

Please email our customer services department or call 0121 655 2730 for further assistance. Should you need to contact our customer services by fax, the number is: 0845 466 0183.

13. Warranty

13.1 All goods sold by the Company are warranted free from defects in materials and workmanship. If the Company shall receive a written complaint from a Customer in respect of goods found to be defective in respect of materials or workmanship only within the manufacturer’s warranty period (Warranty information can be obtained from the helpdesk), the Company, after it has had a reasonable time to investigate the same and examine the goods in dispute shall be entitled at its option to repair or replace the defective goods or refund the purchase price.

13.2 No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of the Customer its employees or agents or through use contrary to the manufacturer’s instructions by the Customer, its employees or agents or by circumstances beyond the control of the Company or goods which cannot be shown to have been supplied by the Company.

For specific warranty conditions and exceptions please refer to the relevant Flaming Ltd website or consult a Flaming Ltd representative.

14. Privacy

14.1 All calls may be monitored and recorded for training purposes only.

14.2 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 secondly, to provide you with the best possible service.

14.3 We will not e-mail you in the future unless you have given us your consent. Certain emails are sent to registered customers in relation to placed orders, such as delivery status – to be removed from these mailings please contact us. Other promotional emailing’s are subscribed to on registration, these can be unsubscribed from our website or using the unsubscribe link in the email itself.

14.4 We will give you the chance to refuse any marketing email from us or from another trader in the future.

14.5 The type of information we will collect about you includes:

your name
address
phone number
email address
credit/debit card details
Company Registration Number

14.6 We may also use certain financial information supplied to us by you in order to ascertain suitability for a trade account, but only when requested by you. 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 emailing us. If you find any inaccuracies we will delete or correct it promptly.

14.7 The personal information which we hold will be held securely in accordance with our internal security policy and the law.

14.8 We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

14.9 Telephone Preference Service

In order to maintain our quality of account manager service in relation to orders or quotations on your account, it is essential that we are able to contact you. In providing your contact telephone number during registration you are agreeing to receive calls from Flaming. Should your organisation be a member of, or at a later date choose to join The Telephone Preference Service, we will assume in good faith that you are still happy to receive these calls, unless you tell us otherwise, which you may do at any time in writing.

If you have any questions/comments about privacy, please email us. For additional guidance, you may also wish to consult the website of the UK Data Protection Commissioner which may be found at: https://ico.org.uk/ .

15. The company’s liability

15.1 The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.

15.2 The Company’s liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.

15.3 Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.

15.4 The Company excludes liability for death and personal injury caused by the goods except if caused by the Company’s negligence.

16. Health and Safety at Work Act 1974 and Consumer Protection Act 1987

In compliance with the above legislation the Company confirms that the goods supplied by the Company as a distributor of products do not present a hazard to health and safety when properly used for the purpose for which they are designed and provided also that the Customer or its employees or agents take reasonable and normal precautions in their use.

17. Entire agreement

These terms and conditions set out the entire terms between the parties and supersede all other agreements, representations and documents previously exchanged between the parties.

18. Severance

If any of the terms are found to be void, voidable or unenforceable then these terms are severed from the contract of sale and will not affect the enforce-ability of the remaining terms and conditions.

19. Waiver

Waiver by the Company of any breach of these conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.

20. Jurisdiction

The terms and conditions are governed by English Law and the parties hereby agree to submit to the jurisdiction of the English Courts.

21. Notices

Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class pre-paid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.

22. Consumer Distance Selling Directive

The Distance Selling directive provides a cooling off period and an unconditional right to cancel during that period. This period ends seven working days after the day of receipt of the goods (working days excludes Saturdays, Sundays and public holidays.) The customer must request a return under this directive in writing (fax, email or letter) within the 7 day period. As part of the directive the customer must also make adequate care and effort to ensure that the product can be resold as new.

23. Subcontracting

The Company reserves the right to sub-contract any part of any work or supply of any Goods or services.

24. Installation and Engineering Services

24.1 The Company may from time to time offer or provide services to aid the installation and operation of equipment or software (“Services”). A description for each Service will be provided or will be available on the relevant Flaming Ltd web site. Customers should pay particular attention to the scope of each Service, to what is excluded, and to the Customer’s responsibilities.

24.2 By purchasing a Service, the Customer is assumed to have read and understood their responsibilities with respect to the successful provision of the Service, and to have accepted the terms and conditions.

24.3 If a Customer fails to carry out their responsibilities, or cancels a Service once an engineer has been dispatched, then they will be fully liable for the cost of the Service.

24.4 If a Customer is dissatisfied with the provision of a Service, they must notify the Company within 2 working days of the date of commencement of provision of the Service, or they will be liable for the full cost of the Service.