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Servicing Terms and Conditions for Fox Suspension Products

 

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we supply suspension servicing and tuning services (Services) and spare parts (Parts) to you in relation to your FOX suspension and Marzocchi products (FOX Products).  Further information about the Services, Parts and the associated FOX Products, are listed on our website. 

We supply the Services and Parts to consumers and businesses.  In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if you are an individual or you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). 

These Terms will apply to any contract between us for the supply of the Services and Parts to you (Contract). Please read these Terms carefully and make sure that you understand them, before completing the FOX Servicing Form accessible at https://www.silverfish-uk.com/Feedback/Fox-Servicing-Form and ordering the Services and/or Parts via our website. Please note that before submitting the FOX Servicing Form you will be asked to agree to these Terms. You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 6. Every time you wish to order the Services and/or Parts, please check these Terms. These Terms were updated on [11 February 2020]. These Terms, and any Contract between us, are only in the English language.

 

1.   Information about us

1.1   We operate the website at www.silverfish-uk.com (our site). We are Silverfish UK Limited a company registered in England and Wales with company number 04075057 whose registered office is at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY. Our VAT number is 723 5780 29. 

1.2   We are an authorised FOX factory service and warranty centre.  We only use Parts supplied by Fox Factory, Inc. when performing the Services to you to endeavour to ensure that your FOX warranty remains valid.  

 

2.   How the contract is formed between you and us

2.1   We will confirm our acceptance to you by sending you an e-mail that confirms that your order for the Services and Parts has been accepted (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.  The Order Confirmation will also include a service ID number which you must include in all correspondence with us. 

2.2   If we are unable to supply the Services and Parts to you (for example because you have requested the Services for a suspension product which has not been manufactured by FOX, or the Parts are unavailable) we will inform you of this by e-mail and we will not process your order.

2.3   When performing the Services, we may discover old parts which require replacement.  We will let you know if any Parts are required and the price of such Parts.  We will ask you to confirm whether you wish to purchase the Parts before we replace the old part.  Unless the Parts are being replaced due to wear and tear (in which case we will dispose of the old part), we will return the old parts to you once the new Parts have been installed and you will be responsible for the costs of the return.  

 

3.   Your right to make change

3.1   If you wish to make a change to the Services and Parts you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services and Parts, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

4.   If you are a consumer

4.1   If you are a consumer, you may only purchase the Services and Parts if you are at least 18 years old and located within United Kingdom or the Republic of Ireland.

4.2   We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements made by our duly authorised agents, make sure you ask for any variations from these Terms to be confirmed in writing by us.

4.3   If you are a consumer, we are under a legal duty to supply the Services and Parts that are in conformity with the Contract. See the box below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If you have ordered services, for example the Services, the Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
  • if you haven't agreed a price beforehand, what you're asked to pay must be reasonable;
  • if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

 

If you have ordered goods, for example Parts, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Parts your legal rights entitle you to the following:

  • up to 30 days: if your goods are faulty, then you can get an immediate refund. 
  • up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 
  • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

See also clause 7.  

 

4.4   If you wish to exercise your legal rights to reject Parts you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage or collection. Please contact us in accordance with clause 19 for a return label or to arrange collection.

 

5.   If you are a business

5.1   If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase the Services and Parts and are located within the United Kingdom or the Republic of Ireland.

5.2   These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

 

6.   Our right to vary these terms

6.1   We may revise these Terms from time to time if there are changes in how we accept payment from you or relevant laws and regulatory requirements.

6.2   Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

 

7.   Your cancellation and refund rights if you are a consumer

7.1   If you are a consumer, you may have a right to end the Contract if:

  1. the Parts are faulty or mis-described (see clause 4 and clause 12);
  2. we have told you about an error in the price and you have decided not to proceed (see clause 10.510.5);
  3. there is a risk that performance of the Services may be significantly delayed because of events outside our control (see clause 18);
  4. you have a legal right to end the Contract because of something we have done wrong; and
  5. you have a right to cancel the Contract within the cancellation period (see clause 7.3). 

7.2   If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your right to cancel is available from your local Citizens' Advice Bureau. If you are a business this right to cancel does not apply.  

7.3   If you are a consumer and have purchased:

  1. Services only, you have the right to cancel the Contract within 14 days after the date of the Order Confirmation. However, once we have performed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind;
  2. Parts only, you have the right to cancel the Contract within 14 days after the day you received the Parts; or
  3. a combination of the Services and Parts, you have the right to cancel the Contract within 14 days after the day you received the Parts.  However, once we have performed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

7.4   Your right as a consumer to change your mind does not apply in respect of any Parts which have become mixed inseparably with other items after delivery. 

7.5   To exercise the right to cancel a Contract, please complete the online return form accessible on our site.  We suggest that you keep a copy of your notification for your records.  You may use the model cancellation form set out in the Schedule, but it is not obligatory. 

7.6   To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

7.7   Subject to clause 7.8, if you cancel the Contract, you will receive a full refund of the price you paid for the Services and Parts. We will process the refund due to you without undue delay, and not later than:

  1. if we provided you with Parts, 14 days after the day we receive back any Parts supplied or, if earlier, the day on which you provide us with evidence that you have sent the Parts back to us; or
  2. if no Parts were delivered to you and only the Services were supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.    

7.8  We may make a deduction from the refund:

  1. for loss in value of any Parts supplied, if the loss is the result of unnecessary handling by you; and
  2. an amount for the supply of Services for the period during which they were supplied, ending with the point you told us you had changed your mind.  The amount will be in proportion to what has been supplied, in comparison with the fill coverage of the Contract.   

7.9   If you have returned the Parts to us under this clause 7 because they are faulty or mis-described, we will refund the price of a defective Part in full, any applicable delivery charges, and any reasonable costs you incur in returning the item.

7.10  If the Parts were delivered to you:

  1. you must return the Parts to us (together with the original packaging) by post ;
  2. unless the Parts are faulty or mis-described, you will have to bear the direct costs of returning the Parts in accordance with clause 7.1a; and
  3. you have a legal obligation to keep the Parts in your possession and to take reasonable care of the Parts while they are in your possession.

7.11   We will make the refund using the same means of payment as you used for the initial transaction (e.g. the credit card or debit card used by you to pay for the Services and Parts), unless you have expressly agreed otherwise.  In any event, you will not incur any fees as a result of the refund.

7.12   Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.

7.13   As a consumer, you will always have legal rights in relation to Parts that are faulty or mis-described. These legal rights are not affected by the returns policy in this clause 7. Advice about your legal rights is available from your local Citizens' Advice Bureau.

 

8.   Supply of the Services and Parts

8.1   You are responsible for shipping the FOX Products to us and ensuring that the FOX Products are suitably packaged and in a clean condition.  You agree to ship the FOX Products to us so that they are received in advance on the date on which we have agreed to start to supply the Services to you. 

8.2   You agree to ensure that the FOX Products are sufficiently cleaned before they are shipped to us. If, on receipt of the FOX Products, we discover that they are unclean, we will notify you in and inform you of any associated cleaning costs.  If you do not accept the costs of cleaning, you may contact us and end the Contract (and incur the costs of us returning the FOX Products to you). 

8.3   We will start to supply the Services on the date agreed with you during the order process, unless there is an Event Outside Our Control (as defined at clause 18). If we are unable to supply the Services on the date agreed with you because of an Event Outside Our Control, we will contact you with a revised start date.

8.4   Any dates specified for the performance of the Services are estimates only and time shall not be made of the essence by notice. 

 

9.   Delivery

9.1   Once we have performed the Services, we will let you know when the FOX Products (and any Parts) will be returned to you. 

9.2   In the case of consumers and businesses, if no one is available at your address to take delivery, our carrier may leave you a note, in which case, please contact our carrier to rearrange delivery. If our carrier returns the FOX Products to us as no one was available at your address to take delivery, we will contact you to rearrange delivery.

9.3   If you do not collect the FOX Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 13.1 will apply.

9.4   The FOX Products will be your responsibility from the completion of delivery.

9.5   We may also suspend supply of the Services and Parts if you do not pay. If you do not pay us for the Services and Parts when you are supposed to (see clause 11.3) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the Services and Parts until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services and Parts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.6) and end the Contract (see clause 13.1).

 

10.   Price of the Services and delivery charges

10.1   The prices for the Services and Parts will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices are correct. However, please see clause 10.5 for what happens if we discover an error.  If you are a business, we may also offer you a discount to the prices displayed on our site. 

10.2   Prices for the Services and Parts may change from time to time which may affect any order which we have confirmed within an Order Confirmation.  In these circumstances we will inform you in writing.

10.3   If you are a consumer or business, the price for the Services and Parts includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of returning the FOX Products to you, we will adjust the VAT you pay, unless you have already paid for the Services and Parts in full before the change in VAT takes effect.

10.4   The prices for the Services and Parts do not include delivery charges (including the cost of sending the FOX Products to us and the costs of returning the FOX Products back to you). Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our FOX 2020 Service Price List page, which includes a price for DPD shop return services. 

10.5   It is always possible that, despite our reasonable efforts, some of the Services and Parts listed on our site may be incorrectly priced. If we discover an error in the price of the Services and Parts you have ordered, we will inform you in writing of this error and we will give you the option of continuing to purchase the Services and Parts at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services and Parts to you at the incorrect (lower) price.

 

11.   How to pay

11.1   From the date on which we received the FOX Products from you, up until the Services have been completed, we shall have a general lien on your FOX Products (for example, a right to possession of property until payment is made for the Services performed in relation to that property) for all sums due. 

11.2   Following performance of the Services, we will contact you by telephone and issue an invoice to you for the Services performed and any Parts provided. 

11.3   The invoice shall be paid by you within 5 days of the date of the invoice. 

11.4   We accept payment by debit card or credit card. 

11.5   If you are a business you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

11.6   If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4 % per annum above Barclays Bank plc's base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

 

12.   Warranty (for consumers and businesses)

12.1   We warrant the Services and Parts from the date of the invoice for a period of 90 days (Warranty Period) shall be free from defects in materials and workmanship. 

12.2   If the Services performed or Parts installed appear faulty during the Warranty Period, you must notify us in writing within a reasonable time of discovery and give us a reasonable opportunity to inspect the fault.  Following the inspection, we shall carry out the necessary repairs and replacements at no additional cost to you. 

12.3   We shall not be liable for the Services or Parts failure to comply with the warranty in this clause 12 if:

  1. you make further use of the FOX Products after you have provided us with notice in accordance with clause 12.2;
  2. the fault arises as a result of your failure to follow our, or the manufacturer’s, oral or written instructions for use and maintenance; or
  3. the fault arises as a result of fair wear and tear, wilful damage or abnormal use.

12.4   If you are a consumer, the warranty in this clause 12 is in addition to your legal rights for the Services and Parts that are faulty or mis-described. Advice about your legal rights is available from your local Citizens' Advice Bureau.

 

13.   Our right to end the Contract

13.1   We may end the Contract if you break it. We may end the Contract at any time by writing to you if:

  1. you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services or Parts to you; or
  3. you do not, within a reasonable time, allow us to deliver the Parts to you. 

13.2   If we end the Contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for the Services and Parts we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

 

14.   Right to terminate for businesses

14.1   If a business becomes subject to any of the events listed in clause 14.2, or we reasonably believe that the business is about to become subject to any of them, then, without limiting any other right or remedy available, we may cancel or suspend the provisions of the Services and Parts without incurring any liability to the business, and all outstanding sums in respect of the Services shall become immediately due.

14.2   We may terminate the Contract immediately on giving written notice if the business:

  1. becomes insolvent, bankrupt or is unable to pays its debts when they fall due;
  2. fails to pay any amount due under the Contract on the due date for payment; or
  3. commits any material breach of any term of the Contract and (in the case of a breach capable of being remedied) shall have failed, within 14 business days after the receipt of the request in writing or email from us to remedy the breach.

14.3   Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination.

 

15.   Our liability if you are a consumer

15.1   If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2   We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services or Parts as summarised at clause 4 and for defective products under the Consumer Protection Act 1987. 

15.3   We will make good any damage to your FOX Products caused by us while performing the Services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your FOX Products that we discover while providing the Services.

15.4   We only supply the Services and Parts for private use. You agree not to use the Services and Parts for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

16.   Our liability if you are a business

16.1   Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for us to exclude or restrict liability. 

16.2   Subject to clause 16.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.

16.3   Subject to clause 16.1and clause 16.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services and Parts.

16.4   Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services and Parts. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services and Parts are suitable for your purposes.

16.5   Businesses are permitted to resell the Services and Parts to its customers located within the United Kingdom and the Republic of Ireland.

 

17.   How we use your personal information

17.1   We are committed protecting and respecting your privacy and complying with the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation (Data Protection Legislation). 

17.2   We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

 

18.   Events outside our control

18.1   We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control, which means any act or event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

18.2   If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract we will contact you as soon as reasonably possible to notify you and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our estimated performance date for the Services, we will arrange a new date with you.

 

19.   Communications between us

19.1   When we refer, in these Terms, to "in writing" this will include e-mail.

19.2   If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail to FoxService@silverfish-uk.com or by pre-paid post to us at the address set out in clause 1.1. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 7, please see that clause 7 for information on how to tell us this.

19.3   If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

19.4   If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

20.   Other important terms

20.1   You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

20.2   This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

20.3   Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.4   If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.5   These Terms are governed by English law. This means a Contract for the purchase of the Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we agree that the courts of England and Wales will have exclusive jurisdiction.

 

 

Schedule

Model Cancellation Form

 

Silverfish UK Limited

Cancellation Form

 

To: 

 

Silverfish UK Limited

Units 3B&3C Woodacre Court

Saltash Parkway Industrial Estate

Burraton Road

Saltash

Cornwall

PL12 6LY

Tel: 01752 843882

Email: info@silverfish-uk.com

Right to Cancel

I hereby give notice that I cancel my contract for the supply of the following services and/or parts:

  • [insert description the services and parts]

Name of Customer:

 

Address of Customer:

 

Signature of Customer (only if this form is notified on paper)

 

Service ID Number:

 

Date: