Sales transactions through the website are fulfilled on the agreement that you are not a consumer. This means that you are accessing our site and shall enter a contract with us by requesting the supply of products as part of your business or profession only. If you are not doing so as part of your business or profession, please contact our sales team on 01727 840 841 or firstname.lastname@example.org as different Terms and Conditions will apply.
1. About us
1.1 Company details. Shoal Group Limited (company number 12772850) (weand us) is a company registered in England and Wales and our registered office is at 10-11 Charterhouse Square, London, England, EC1M 6EE and FS Cables is a trading name used by Shoal Group Limited. Our main trading address is Alban Point, Alban Park, Hatfield Road, St Albans, Hertfordshire, AL4 0JX, UK. Our VAT number is GB 355 2694 78. We operate the website www.fscables.com
1.2 Contacting us. To contact us telephone our sales team at +44 1727 840 841 or email email@example.com. How to give us formal notice of any matter under the Contract is set out in clause 13.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms. These terms apply for UK mainland orders, for International orders please call Shoal Export on +44 (0)1727 849 841 to discuss your requirements.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate and you should note that orders for Goods made to your specification will not be refundable.
3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence. We accept this order on a trade sale basis i.e. trade to trade.
3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4. Our goods
4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.2 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5.Return and refund
5.1 Subject to clause 3.2, You may cancel the Contract and receive a refund, if you notify us as set out in clause 5.3, within 14 days of your receipt of the date of delivery and you have proof of purchase (invoice, delivery note, bank statement) and the Goods are in their original, unopened and sealed packaging are in new conditions and have not been used or installed. Returns are made entirely at your expense. You can either send them back, return them to us at our premises or use a carrier, although you should also ensure that the Goods are insured if you use a carrier, as we cannot accept damaged goods.
5.2 However, this cancellation right does not apply in the case of:
(a) Goods ordered subject to your own specification or requirements, or with any bespoke element to the order such as cables cut to a particular length,; or
(b) Goods specifically manufactured for you; or
(c) Goods which we do not routinely stock and are specifically ordered for you; or
(d) any Goods which become mixed inseparably with other items after their delivery.
5.3 To cancel the Contract, you must complete the returns form available from us by email. If you use this method we will email you to confirm we have received your cancellation.
5.4 If you have returned the Goods to us under this clause 5 because they are faulty or mis-described, we will refund the price of the Goods.
6. Delivery, transfer of risk and title
6.1 We normally deliver Goods the next working day, although this depends on the time of your order and the time of delivery shall not be of the essence of the Contract. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 (Events outside our control) for our responsibilities when this happens.
6.2 We reserve the right to supply up to a 10% variation on the quantity ordered by you. In case of Goods being specially manufactured for you, the manufacturing quantities and lengths will dictate the eventual delivery date.
6.3 We shall be entitled to make delivery of the Goods by instalments and to invoice you for each instalment dispatched.
6.4 Delivery will normally be made to your premises within the United Kingdom mainland, the cost of which is included in the price quoted. Where special or express delivery arrangements are made, (including delivery to you directly by our supplier) these costs will be borne by you. Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order.
6.5 Acceptance: You are free to inspect the Goods ordered up to the time of dispatch from our premises during normal office hours Monday to Friday. Upon delivery, you shall immediately inspect the Goods for damage and shortage and the Carrier’s consignment note must be clearly marked to show damage or shortage. Claims for Goods that arrive damaged or short delivered must be notified to us and the Carrier in writing within five working days of receipt of same. We shall acknowledge the shortage or damage in writing.
6.6 The risk in the Goods shall pass to you on completion of delivery.
6.7 Title to the Goods shall not pass to you until the earlier of:
(a) we receive payment in full (in cash or cleared funds) for the Goods, in which case title to the Goods shall pass at the time of payment; and
(b) you resell the Goods, in which case title to the Goods shall pass to the you at the time specified in clause 6.9.
6.8 Until title to the Goods has passed to you, you shall:
(a) store the Goods separately from all other goods held by you so that they remain readily identifiable as the Supplier's property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(d) notify us immediately if it becomes subject to any of the events listed in clause 11.1(c) to clause 11.1 (d); and
(e) give the us such information as we may reasonably require from time to time relating to:
(i) the Goods; and
(ii) your ongoing financial position.
6.9 Subject to clause 7.5, you may resell or use the Goods in the ordinary course of its business (but not otherwise) before we receive payment for the Goods. However, if you resell the Goods before that time:
(a) you do so as principal and not as our agent; and
(b) title to the Goods shall pass from the us to you immediately before the time at which resale by you occurs.
6.10 At any time before title to the Goods passes to you, we may:
(a) by notice in writing, terminate your right under clause 6.9 to resell the Goods or use them in the ordinary course of your business; and
(b) require you to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if you fail to do so promptly, enter any premises of yours or of any third party where the Goods are stored in order to recover them.
6.11 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.12 If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we shall contact you to cancel the order, due to your failure to take delivery. We reserve the right to charge you for any costs we have incurred due to you failing to take delivery of the Goods.
7. Price of goods and delivery charges
7.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 7.5 for what happens if we discover an error in the price of Goods you ordered.
7.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
7.3 The price of Goods excludes 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 delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
7.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
7.5 We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
(b) if the Goods' correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
8. How to pay
8.1 You can may pay for Goods using a debit card or credit card. Payment must be received in full on or before delivery or collection of the Goods. If a current credit account is operating for you, invoices must be paid in full the by last working day of the month following the month of the invoice, unless specific terms have been agreed with you.
8.2 Any monies outstanding beyond the credit terms in paragraph 9 will attract interest at a rate of 3% above the prevailing base rate of Barclays Bank plc. Legal proceedings maybe commenced without prior notice. We reserve the right to recover our reasonable legal costs in recovering debts or other sums which become due to us in accordance with these terms and conditions, or if we receive judgement in our favour following legal proceedings arising from a dispute between us.
8.3 The time stipulated for payment shall be of the essence of the Contract and failure to pay within the period specified shall entitle us to suspend further performance of the Contract pending payment and in addition we shall be entitled without liability wholly or partially to cancel the Contract and any other contract between us and you without prejudice to any other remedies available to us.
8.4 Unless stipulated in writing, you shall not be entitled to set off against any monies due to us under the Contract, any amount claimed or due to you from us whether pursuant to the Contract or otherwise.
9. Defective Goods
9.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
9.2 We pass on the manufacturer’s warranty to you and warrant that the Goods shall:
(a) subject to clause 4, in all material respects conform with their description; and
(b) be free from material defects in design, material and workmanship.
9.3 Subject to clause 9.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods are faulty;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) if we ask you to do so, you return the Goods to us at your cost, we will, at our option, replace the defective Goods, or refund the price of the defective Goods in full.
9.4 We will not be liable for breach of the warranty set out in clause 9.2 if:
(a) you make any further use of the Goods after giving notice to us under clause 9.3;
(b) the defect arises as a result of us following any drawing, design or specification supplied by you;
(c) you alter or repair the Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 9.2 to the extent set out in this clause 9.
9.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
9.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
10. Our liability: your attention is particularly drawn to this clause
10.1 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
10.3 Subject to clause 10.2, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue; or
(b) loss or corruption of data, information or software; or
(c) loss of business opportunity; or
(d) loss of anticipated savings; or
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.4 Subject to clause 10.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed £10,000,000 (ten million pounds).
10.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. 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 Goods are suitable for your purposes.
11.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
11.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
11.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
12. Events outside our control
12.1 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 any act or event beyond our reasonable control (Event Outside Our Control).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the 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 delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
13. Communications between us
13.1 When we refer to "in writing" in these Terms, this includes email.
13.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
13.3 A notice or other communication is deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
13.4 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 email, that such email was sent to the specified email address of the addressee.
13.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
14.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
14.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
14.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
14.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
Great effort has been made to ensure the accuracy of the information on this site, however products may vary due to manufacturing changes, technical improvements and commercial factors. In particular, overall dimensions and weights are given for guidance only and, if critical they should be confirmed at the time of order.
All Trade Marks and Trade Names are acknowledged - Copyright Shoal Group Ltd t/a FS Cables 2021. All rights reserved.
No part of this site may be reproduced or replicated in any form without the express written permission of Shoal Group Ltd.
Andrew and Heliax® are registered trademarks of Commscope.
LMR® is a registered trademark of Times Microwave Systems.
KNX® is a registered trademark of the KNX association.
Shoal Group Ltd t/a FS Cables.
Registered in England No. 12772850. VAT GB 355 2694 78
Registered office: Shoal Group Ltd, 10-11 Charterhouse Square, London, England, EC1M 6EE