ParamotorFlyer © Privacy Policy | Terms of Use
1. BINDING AGREEMENT
These terms and conditions of sale ("Sale Terms") constitute a binding agreement between
ParamotorFlyer (referred to in these Sale Terms variously as "I, Us, Our") and its customers (referred
to in these Sale Terms as "You, Your") which applies to all purchases of items by You. You agree
not to change these Sale Terms from the form presented by Us. All other terms and conditions
including those in any order submitted by You are expressly excluded and shall have no effect. All
communications made thus far by Us are invitations to treat only. Your acceptance of these Sale
Terms ordering the goods represents an offer of contract from You. Our employees, agents or
representatives are not authorised to make any representations concerning the goods supplied under
these Sale Terms, unless such representations are confirmed in writing by an authorised
representative of ParamotorFlyer . Any errors or omissions in any catalogue, sales literature, price
list, despatch note, invoice or other documentation or any information issued by Us from time to time
shall be subject to correction without liability on Our part. You will be responsible for ensuring the
accuracy of any order submitted by You, confirming where reasonably requested to do so by Us any
telephone orders, and for the giving of such information as is necessary relating to the Sale Terms
and delivery (as the case may be) to enable us to deliver the goods to the delivery address notified by
You. When writing to Us You must use your account number and purchase order number.
2. PRICES AND PAYMENT
All prices stated in any of Our catalogues, price lists, or other sales literature may be altered by Us at
any time without notice to You. The prices stated by ParamotorFlyer shall be the current prices for
the items concerned unless changed by Us in accordance with these Sale Terms. Prices for goods
under these Sale Terms shall either be the price payable for such items at the time We accept your
order in accordance with these Sale Terms or where applicable, at the time when your payment is
cleared, subject to Our reserving the right (by giving notice in writing to You at any time before
delivery) to increase the price of the applicable goods to reflect any increase in the cost of the goods
to Us which is due to any matters beyond our reasonable control including without limitation any
increase in carriage related costs or any other applicable duties and taxes. You are required to pay for
your goods in full by credit card or cheque unless you are an account holder in which case Our terms
for account are strictly 7 days from dispatch. It is 'ParamotorFlyer’s ' policy to despatch the goods
You have ordered promptly upon Our being satisfied that the payment(s) in question have cleared. If
the account goes over the 7 day payment period We reserve the right to suspend Your account and
charge You interest at the prevailing rate. You agree and acknowledge that the transmission of your
credit card number or other data in relation to payment for the goods shall be at your entire risk.
ParamotorFlyer under no circumstances bears any responsibility or liability in relation to failures in
transmission of information, deletion, non-delivery or failure to store any communications by You.
3. DELIVERY
We shall deliver the goods to the United Kingdom address notified to Us by You. We shall use all
reasonable endeavours to deliver the goods to the address supplied by You when You ordered the
goods by any delivery date estimated by Us. For the avoidance of doubt You agree that the delivery
date is not guaranteed or of the essence of the agreement between Us under these Sale Terms and We
shall in no circumstances be liable to You for any losses, damages, or charges incurred by You due to
the late delivery of the goods. Goods delivered to You shall be deemed accepted by You and You
shall inspect the goods immediately on delivery and in all cases shall inform Us in writing within 5
days of delivery of any damage, shortage or non-delivery of the goods. Where the goods are being
purchased by a business for use in the business and delivered in instalments, each delivery shall
constitute a separate contract and failure by Us to deliver one or more of the instalments in
accordance with these Sale Terms or any claim by You in respect of any one or more instalments
shall not entitle You to treat the agreement between Us as terminated.
4. TITLE AND RISK
Title in the goods shall not pass to You until We have received in full all monies owed by You under
this or any other agreement for the purchase of goods. Risk of damage to or loss of the goods shall
pass to You at the time of despatch by Us, or if You wrongly fail to take delivery of the goods, at the
time when we have tendered delivery of the goods to You.
5. CANCELLATION
No order which has been accepted by Us in accordance with the provisions of these Sale Terms may
be cancelled by You except with the agreement in writing of an authorised representative of
ParamotorFlyer and on the terms that You may be required to indemnify Us in full for any costs,
damages, losses, charges and expenses including any loss of profit incurred by Us as a result of the
cancellation. In all cases of order cancellation, any deposits placed by ‘You’ for goods ordered from
‘US’ will not be refunded and will be used to cover our costs.
6. WARRANTIES AND LIMITATIONS OF LIABILITY
Our liability for breach of these Sale Terms and any agreement between Us or negligence shall be
limited at Our sole discretion to the free replacement of faulty items or the issue of credit notes in
respect thereof or the granting of a refund that shall relate only to the actual items concerned
providing that You have not made any modifications to them. Except in respect of death or personal
injury caused by Our negligence we shall not be liable to You by any reason of any representation
(unless fraudulent) or any implied warranty, condition or other term or any duty in common law or
under the express terms of these Sale Terms for any indirect, incidental or consequential loss or
damages arising out of any services performed for You or any goods sold under these Sale Terms
even if We have been advised of the possibility of such loss or damages. Except for cases of personal
injury or death arising from Our negligence, the 'ParamotorFlyer ' liability to You for actual damages
regardless of the form of action, will be strictly limited to the price of the goods sold.
New equipment will have 12 months return to base warranty. It will be ‘Your’ responsibly to bare the
return cost of the equipment should it need repairing. Please note parts that are deemed to have been
damaged by ‘You’ and have not become faulty due to a manufacturing failure will incur a charge to
‘You’ for either the repair or replacement.
Returns:
All returns for whatever reason should be returned to ‘Us’ in a new state in the original packaging
that they were supplied in with ALL manuals, software etc. Goods returned with parts missing will
NOT be covered under any warranty.
Fit For Purpose:
It is ‘Your’ responsibility to determine ‘fitness for purpose’ before purchasing. Due to the varied use
of ‘Our’ Products and applications we cannot be held liable for the equipment not working for your
particular application.
7. INDEMNITY
You agree to indemnify Us against all proceedings, costs, fees, expenses, payments, liabilities, losses
and damages arising out of the breach or negligent performance by You of any terms of these Sale
Terms.
8. FORCE MAJEURE
We shall not be liable to You or be deemed to be in breach of these Sale Terms by reason of any
delay in performing or any failure to perform any of Our obligations in relation to the goods, where
the delay or failure was due to any cause beyond Our reasonable control.
9. EXPORT OR IMPORT LICENCES
You shall be responsible for obtaining all licence's for export or import of the goods and for
obtaining any other licence's required for the delivery or sale of the goods in the country of
destination.
10. GENERAL
No waiver by Us of any breach of these Sale Terms by You shall be considered as a waiver of any
subsequent breach of any provisions of these Sale Terms. If any provisions of these Sale Terms is
held by any competent authority to be invalid or unenforceable in whole or in part the validity of the
other provisions of these Sale Terms and the remainder of the provision in question shall not be
affected. All notices served under these Sale Terms shall be in writing and shall be sent to the
address set out in Our despatch note, or to any later address in the United Kingdom notified for that
purpose, and all notices sent by first class letter post or by fax transmission shall be deemed to have
been served immediately if they were sent by fax and on the second working day after posting if
served by first class post. All of Our products are copyright and the logos and designs remain the
intellectual right of ParamotorFlyer . These Sale Terms shall be governed by and construed in
accordance with the laws of England and subject to the non-exclusive jurisdiction of the English
courts.
11. Aviation / Paramotoring / microlighting etc are dangerous sports and ‘we’ take absolutely no
responsibility for the suitability or use of our products due to there experimental nature and by using
our products ‘You’ imdemnify ‘Us’ and ‘You’ assume all the risks involved.