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) to you in relation to your FOX suspension and Marzocchi products (FOX Products).  Further information about the Services and the associated FOX Products, are listed on our website. 

We supply the Services to consumers and businesses. 

These Terms will apply to any contract between us for the supply of the Services 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 via our website. Please note that before submitting the FOX Servicing Form you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our site. You should print a copy of these Terms for future reference. If you are a consumer, after you submit your order, we will confirm by email the key information which is required to be provided to you.

As part of us providing the Services to you, we may supply you with spare parts (Parts), for example, by installing upgraded or fully working parts on your Fox Products to replace existing parts of your FOX Products. The supply of such Parts to you forms part of the Services, to which these Terms apply. We also sell Parts separately on our website, however where you order Parts from us via our website and do not order any Services, please note that our Terms and Conditions of Sale will apply, not these Terms.

Please note that certain terms in these Terms apply only to customers who are consumers or only to customers who are businesses. Where a term applies only to consumers or only to businesses, this is clearly stated. You are a business customer if you are buying the Services  wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual. You are a consumer customer if you are buying the Services wholly or mainly for your own personal and private use, and you are not a business customer.

We amend these Terms from time to time as set out in clause 6. Every time you wish to order the Services, please check these Terms. These Terms were updated on 21/10/2022. 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 trading address/place of business for the purposes of the Services is FOX Service Centre, 2 RBF Business Centre, Pontymister Industrial Estate, Risca, Newport, NP11 6NP. 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   All orders for Services must be made through our website by completing our Fox Servicing Form.   

2.2   We will confirm our acceptance of your order by sending you an e-mail that confirms that your order for the Services 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. 

2.3   If we are unable to supply the Services to you (for example because you have requested the Services for a suspension product which has not been manufactured by FOX, or the Parts required for us to perform the Services are unavailable) we will inform you of this by e-mail and we will not process your order or if a Contract has already been formed, you can contact us to end the Contract and receive a refund for any Services (less the costs of us returning the FOX Products to you).

2.4   When performing the Services, we may discover old parts which require replacement and/or that additional services are required.  We will let you know if any Parts and/or additional services are required and the price of such Parts and/or additional services.  We will ask you to confirm whether you wish to purchase the Parts before we replace the old part and/or the additional services before we proceed with such services. The purchase of such Parts and/or additional services will form part of the price for the Services. 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. If you do not wish to purchase the Parts and/or additional services, and as a result we are unable to supply the Services to you, we will notify you and you can contact us to end the Contract and receive a refund for any Services (less the costs of us returning the FOX Products to you). 

 

3.   Your right to make change

3.1   If you wish to make a change to the Services 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, 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.   Terms specific to consumer customers

4.1   If you are a consumer, you may only purchase the Services if you are at least 18 years old and located within the 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 provided as part of the Services in conformity with the Contract. See the information below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.

 

 

5.   Terms specific to business customers

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 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 to reflect changes to relevant laws and regulatory requirements or to reflect minor technical adjustments and improvements to the Services.

6.2   We may also revise these Terms from time to time for reasons other than as set out in clause 6.1 above. Where we have revised these Terms, we give you notice of this by stating the date on which these Terms were last amended at the top of these Terms.

6.3   If you are a consumer and we have entered a Contract with you and before the Contract is completed we revise these Terms for a reason other than as set out in clause 6.1 above, we will notify you and you can contact us to end the Contract before the change takes effect and receive a refund for any Services you have paid for in advance but will not receive (less the costs of us returning the FOX Products to you).

6.4   Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.

 

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 and receive a refund:

1. if we are unable to supply the Services to you (for example because you have requested the Services for a suspension product which has not been manufactured by FOX, or the Parts required for us to perform the Services are unavailable) (see clause 2.3);
2. if you do not wish to purchase the additional Parts and/or additional services and as a result we are unable to supply the Services to you (see clause 2.4);
3. if we have told you about an error in the price and you have decided not to proceed (see clause 11.5);
4. if we have revised the terms of the Contract under clause 6.3;
5. where we have transferred our rights and/or obligations under the Contract to another organisation and you are unhappy with this (see clause 21.1);
6. where the performance of our obligations is delayed and this delay is likely to be substantial (see clauses 9.4 and 19.2);
7. if, on receipt of the FOX Products, we discover that they are unclean and you do not accept the costs of cleaning (see clause 9.3);
8. if you have a legal right to end the Contract because of something we have done wrong; or
1. if you have a right to cancel the Contract within the cancellation period (see clauses 7.2 to 7.5). 

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 customer this right to cancel does not apply.  

7.3   You have the right to cancel the Contract within 14 days after the date of the Order Confirmation. However, if you ask us to begin the performance of the Services during the 14-day cancellation period, once we have completed the Services you cannot change your mind and cancel the Contract, even if the period is still running. If you ask us to begin the performance of the Services during the 14-day cancellation period, but 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   To exercise the right to cancel a Contract under clause 7.2, please call us on 01752 843882 or email us at sales@silverfish-uk.com or write to us at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY in each case specifying details of the Services ordered, when you ordered or received them and your name and address. We suggest that you keep a copy of your notification for your records.  You may also complete the model cancellation form set out in the Schedule to these Terms and email it to us at sales@silverfish-uk.com or return it to us via post to Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY, but this is not obligatory. 

7.5   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.

7.6   To exercise the right to cancel a Contract for any reason other than your right to cancel the Contract within the cancellation period as set out in clauses 7.2 to 7.5 please call us on 01752 843882 or email us at sales@silverfish-uk.com or write to us at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY to cancel the Contract. In each case, please specify details of the Services that you bought, when your ordered them and your name and address. We suggest that you keep a copy of your notification for your records.

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 any standard delivery charges charged by us to you. We do not refund any extra charges that you have paid for express delivery or delivery at a particular time or costs that you have incurred in sending the Fox Products to us in order for us to carry out the Services. We will process the refund due to you as soon as possible, and if you are cancelling the Contract under clause 7.2, not later than 14 days after the day on which we are informed about your decision to cancel the Contract.    

7.8  We may make a deduction from the refund:

1. in accordance with clause 7.3, for an amount for the supply of Services for the period during which they were supplied to you, 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 full coverage of the Contract; and
2. for the costs of us returning the FOX Products to you.   

7.9   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), unless we have expressly agreed otherwise.  In any event, you will not incur any fees as a result of the refund.

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

7.11   If you are a consumer, we are under a legal duty to supply the Parts provided as part of the Services in conformity with the Contract. Therefore, as a consumer, you will always have legal rights in relation to Parts provided as part of the Services 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.

7.12   Please also refer to clause 13 for a description of your rights under our warranty.

 

8.   Your rights if you are a business

8.1   If you are a business, you may have a right to end the Contract and receive a refund if:

1. on receipt of the FOX Products, we discover that they are unclean and you do not accept the costs of cleaning (see clause 9.3); and
2. you have a legal right to end the Contract because of something we have done wrong.

8.2   To exercise the right to cancel a Contract under clause 8.1, call us on 01752 843882 or email us at sales@silverfish-uk.com or write to us at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY in each case specifying details of the Services ordered, when you ordered or received them and your name and address. We suggest that you keep a copy of your notification for your records. 

8.3   Subject to clause 8.4, if you cancel the Contract, you will receive a full refund of the price you paid for the Services and any standard delivery charges charged by us to you. We do not refund any extra charges that you have paid for express delivery or delivery at a particular time or costs that you have incurred in sending the FOX Products to us in order for us to carry out the Services. We will process the refund due to you as soon as possible.

8.4  We may make a deduction from the refund:

1. for an amount for the supply of Services for the period during which they were supplied to you, ending with the point you told us that you wished to end the Contract The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract; and
2. for the costs of us returning the FOX Products to you.   

8.5   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), unless we have expressly agreed otherwise.  In any event, you will not incur any fees as a result of the refund.

8.6   Please also refer to clause 13 for a description of your rights under our warranty.

 

 

9.   Supply of the Services

9.1     If you are not a Silverfish account member, you must include a cover note confirming your contact details (including a valid email address) and your service ID number (which is provided in the Order Confirmation).

9.2   You are responsible for shipping (and for the costs of shipping) the FOX Products to us at FOX Service Centre, 2 RBF Business Centre, Pontymister Industrial Estate, Risca, Newport, NP11 6NP 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. 

9.3   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 and inform you of any associated cleaning costs payable by you.  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). 

9.4   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 19). 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 as soon as reasonably possible to notify you with a revised start date and will take reasonable steps to prevent or minimise the effect of the delay. As long as we comply with these obligations, we will not compensate you for the delay. If you are a consumer, where the delay is likely to be substantial, you may contact us to end the Contract and receive a refund for any Services you have paid for but not received (less the costs of us returning the FOX Products to you).

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

 

10.   Delivery

10.1   Once we have performed the Services, we will let you know when the FOX Products (including any parts which have been replaced) will be returned to you or when they are available for collection by you. Any dates and/or times specified for delivery are estimates only and time for delivery shall not be made of the essence by notice.

10.2   In the case of customers who are consumers or 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.

10.3   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 or collection we will contact you for further instructions and may charge you for storage costs and any further delivery costs (including the costs of us returning the FOX Products to you). If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 14.1 will apply.

10.4   You will be responsible for the costs of us returning the FOX Products to you following completion of the Services and risk in the FOX Products will pass to you on completion by us or our carrier of delivery to you at the address which you gave to us or on completion of your collection of the FOX Products from us.

10.5   We may suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 12.3) 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 until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. As well as suspending the supply of the Services we can also charge you interest on your overdue payments (see clause 12.6) and end the Contract (see clause 14.1).

 

11.   Price of the Services and delivery charges

11.1   The prices for the Services 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 11.5 for what happens if you are a consumer and we discover an error.  Any discount that we may offer you will be awarded at our sole discretion and may be varied or withdrawn by us immediately at any time at our discretion. 

11.2   Prices for the Services may change from time to time which may affect any order which we have confirmed within an Order Confirmation.  In these circumstances, if you are a consumer, we will inform you in writing and we will give you the option of continuing to purchase the Services at the new 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, notify you in writing and you will receive a refund for any Services you have paid for but not received (less the costs of us returning the FOX Products to you).

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

11.4   The prices for the Services do not include delivery charges (including the cost of you sending the FOX Products to us and the costs of us 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.

11.5   It is always possible that, despite our reasonable efforts, some of the Services listed on our site may be incorrectly priced. If you are a consumer and we discover an error in the price of the Services 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 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, notify you in writing and you will receive a refund for any Services you have paid for but not received (less the costs of us returning the FOX Products to you). Please note that regardless of whether you are a consumer or a business, 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 to you at the incorrect (lower) price and if we have accepted and processed your order, we may end the Contract and refund any sums you have paid (less the costs of us returning the FOX Products to you).

 

12.   How to pay

12.1   From the date on which we received the FOX Products from you, up until the Services have been paid for, 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. 

12.2   Following performance of the Services, we will contact you by telephone and issue an invoice to you for the Services performed (including the cost of any Parts provided as part of the Services). 

12.3   The invoice must be paid by you within 5 days of the date of the invoice. 

12.4   We accept payment by debit card or credit card. 

12.5   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).

12.6   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.

 

13.   Warranty (for consumers and businesses)

13.1   Whether you are a consumer or a business, we, Silverfish UK Limited of Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY warrant to our UK and Irish customers that the Services and Parts installed as part of the Services from the date of our invoice for a period of 90 days (Warranty Period) shall be free from defects in materials and workmanship. 

13.2   If the Services performed or Parts installed as part of the Services appear faulty during the Warranty Period, you must notify us in writing either by email to info@silverfish-uk.com or by writing to us at Units 3B&3C Woodacre Court, Saltash Parkway Industrial Estate, Burraton Road, Saltash, Cornwall PL12 6LY within a reasonable time of discovery and give us a reasonable opportunity to inspect the fault.

13.3   In order to allow us to inspect the fault, you must return the Fox Products (including any Parts) to us following the procedure set out at clause 13.4. If you do not do this and we do not receive the FOX Products at all or within a reasonable time, we will not be able to inspect the fault and you may not be entitled to the remedies provided under this warranty. 

13.4 You must return the FOX Products (including any Parts) to us at FOX Service Centre, 2 RBF Business Centre, Pontymister Industrial Estate, Risca, Newport, NP11 6NP (together with the original packaging if applicable). You must either return the FOX Products by post or (if they are not suitable for posting) allow us to collect them from you. You must contact us as soon as reasonably practicable and arrange a date and time for us to collect the FOX Products from you. You must ensure that the FOX Products, together with the original packaging (if applicable), and all items and spare parts delivered with the FOX Products are available for collection on the agreed collection date. If you are returning the FOX Products by post, you must also ensure that you keep a receipt or other evidence from the delivery service that proves that you have sent the FOX Products and when you sent them, as if you do not do this and we do not receive the FOX Products at all or within a reasonable time, we will not be able to inspect the fault and you may not be entitled to the remedies provided under this warranty.

13.5   If you have returned the FOX Products to us under the warranty in this clause 13 and your warranty claim is successful, we will refund any reasonable costs you incur in returning the item(s) to us.

13.6   Where we arrange the return carriage or collection of the FOX Products, any damage or loss caused during transit is at our risk. Where you arrange the return, including if you return the FOX Products back to us by post, please make sure to insure the full replacement value of the FOX Products, as any damage or loss causes during transit is at your risk. You must ensure that the packing used for shipping is adequate to protect the FOX Products from damage during the return transit to us.

13.7   Following the inspection of the FOX Products, if the fault with the Services or the Parts installed as part of the Services is within the scope of this warranty, we shall, at our option, carry out the necessary repairs and replacements at no additional cost to you or refund the price of the faulty Services in full and this will be your only remedy for breach of this warranty. These terms shall apply to any repaired or replacement FOX Products and/or Parts installed as part of the Services. 

13.8  If we opt to provide you with a refund under this warranty:

1. we may make a deduction from the refund for loss in value of any Parts installed as part of the Services, if the loss is the result of unnecessary handling by you (e.g. handling them in a way which would not be permitted in a shop); and
2. 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), unless we have expressly agreed otherwise.  In any event, you will not incur any fees as a result of the refund.

13.9   We shall not be liable for the Services or Parts installed as part of the Services’ failure to comply with the warranty in this clause 13 if:

3. you make further use of the Fox Products or Parts installed as part of the Services after you have provided us with notice in accordance with clause 13.2;
4. 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
5. the fault arises as a result of fair wear and tear, wilful damage or abnormal use.

13.10   If you are a consumer, the warranty set out in this clause 13 is in addition to and does not affect your legal rights.

 

14.   Our right to end the Contract in relation to both consumer and business customers

14.1   We can end the Contract and may claim compensation due to us 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 to you;
3. you do not, within a reasonable time, allow us to deliver the FOX Products back to you or you fail to collect the FOX Products from us (see clause 10.3);
4. there has been an obvious or unmistakeable pricing error in an order which we have accepted and processed (see clause 11.5).

14.2   If we end the Contract in the situations set out in clause 14.1 we will refund any money (less the costs of us returning the FOX Products to you) you have paid in advance for the Services we have not provided but in the case of our ending the Contract under clauses 14.1.a to 14.1.c, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

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 right to end the Contract in relation to business customers only

15.1   If a business becomes subject to any of the events listed in clause 15.2, then, without limiting any other right or remedy available, we may cancel or suspend the provision of the Services without incurring any liability to the business customer, and all outstanding sums in respect of the Services shall become immediately due.

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

1. a business customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the satisfaction of the court" did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986;
2. a business customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
3. a business customer applies to court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986;
4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of a business customer (being a company) other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of the business customer with one or more other companies or the solvent reconstruction of the business customer;
5. an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or if an administrator is appointed, over a business customer (being a company, partnership or limited liability partnership);
6. the holder of a qualifying floating charge over the assets of a business customer (being a company or limited liability partnership) has become entitled to appoint or has appointed an administrative receiver;
7. a person becomes entitled to appoint a receiver over all or any of the assets of a business customer or a receiver is appointed over all or any of the assets of a business customer;
8. a creditor or encumbrancer of a business customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of a business customer’s assets and such attachment or process is not discharged within 14 days;
1. any event occurs, or proceeding is taken, with respect to a business customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 15.2.a to clause 15.2.h (inclusive);
10. a business customer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;
11. a business customer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy; or
50. a business customer 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.

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

 

16.   Our liability if you are a consumer

16.1   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 of our breach of these Terms or our negligence or if was contemplated by you and us at the time we entered the Contract.

16.2   We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes 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 installed as part of the Services and for defective products under the Consumer Protection Act 1987. 

16.3   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.

16.4   We are not liable for business losses. We only supply the Services and the Parts installed as part of the Services for private use. You agree not to use the Services and the Parts installed as part of the Services 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.

 

17.   Our liability if you are a business

17.1   Nothing in these Terms shall limit or exclude our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or section 2 of the Supply of Goods and Services Act 1982; or defective products under the Consumer Protection Act 1987. 

17.2   Subject to clause 17.1, 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.

17.3   Subject to clause 17.1 and clause 17.2, 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 paid by you for the Services under such Contract.

17.4   Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services or Parts installed as part of the Services. 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 or Parts installed as part of the Services are suitable for your purposes.

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

 

18.   How we use your personal information

18.1   We are committed to protecting and respecting your privacy and complying with applicable data protection legislation. 

18.2   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.

 

19.   Events outside our control

19.1   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.

19.2   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 will take reasonable steps to prevent or minimise the effect of the delay. As long as we comply with these notification obligations, we will not compensate you for the delay. 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. If you are a consumer and the delay is likely to be substantial, you may contact us to end the Contract and receive a refund for any Services you have paid for but not received (less the costs of us returning the FOX Products to you).

 

 20.   Communications between us

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

20.2   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 foxservicing@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.

20.3   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.

20.4   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.

 

 

21.   Other important terms

21.1   We may transfer our rights and/or obligations under the Contract to another organisation. If you are a consumer, we will inform you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are a consumer and you are unhappy with the transfer, you can contact us at sales@silverfish-uk.com to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided (less the costs of us returning the FOX Products to you). You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

21.2   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.

21.3   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.

21.4   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.

21.5   These Terms and the Contract are governed by English law. You and we irrevocably agree to submit all disputes arising out of or in connection with these Terms or the Contract to the exclusive jurisdiction of the English courts.

 

 

 

Schedule

Model Cancellation Form 

 To:       Silverfish UK Limited

               Units 3B&3C Woodacre Court

Saltash Parkway Industrial Estate

Burraton Road

Saltash

Cornwall

PL12 6LY

01752 843882

info@silverfish-uk.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate