Use of this site is provided by Fly53 subject to the following Terms and Conditions
- Your use of this site constitutes acceptance of these Terms and Conditions as at the date of your first use of the site.
- Fly53 reserves the right to change these Terms and Conditions from time to time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified.
- You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party.
- This site and the information, names, images, pictures, logos regarding or relating to Fly53 are provided "as is" without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will Fly53 be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the use or in connection with such use or loss of use of the site, whether in contract or in negligence. Whilst FLY53 endeavours to ensure the information contained in this site is accurate, it does not warrant that it is error free. We try to represent our products as accurately as possible through our photography however colours may display differently on a customer’s monitor, due to their individual settings and resolution. As we have no control over these settings, we are therefore unable to guarantee exact likeness of colour as it appears on our website.
- Fly53 does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, and reliability of the materials.
- Copyright restrictions: Commercial use or publication of all or any item displayed is strictly prohibited without prior authorisation from Fly53. Nothing contained herein shall be construed as conferring any licence by Fly53 to use any item displayed. Documents may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely. However, some documents and photos have been published on this site with the permission of the relevant copyright owners (who are not Fly53). All rights are reserved on these documents and permission to copy them must be requested from the copyright owners (the sources are indicated within these documents/photographs).
- This site may contain links to other sites, please be aware that Fly53 is not responsible for the privacy practices of such other sites and takes no responsibility for their content or availability.
- If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this site relating to specific material then the latter shall prevail.
- These terms and conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
- If these Terms and Conditions are not accepted in full, the use of this site must be terminated immediately.

FLY53 Terms of Trading
- Price 1.1 The price quoted for all Goods and/or stock supplied to you ("Goods") excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery. 1.2 Our quotations lapse after 30 days (unless otherwise stated). 1.3 The price quoted includes delivery (unless otherwise stated). 1.4 Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery. 1.5 Rates of tax and duties on the Goods will be those applying at the time of delivery. 1.6 At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the Goods.
- Delivery 2.1 All delivery times quoted are estimates only. 2.2 If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however: 2.2.1 you may not cancel if we receive your notice after the Goods have been dispatched; and 2.2.2 if you cancel the contract, you can have no further claim against us under that contract. 2.3 If you accept delivery of the Goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the Goods). 2.4 We may deliver the Goods in instalments. Each instalment is treated as a separate contract. 2.5 We may decline to deliver if: 2.5.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or 2.5.2 the premises (or the access to them) are unsuitable for our vehicle.
- Risk 3.1 The Goods are at your risk from the time of delivery. 3.2 Delivery takes place either: 3.2.1 at our premises (if you are collecting them or arranging carriage); or 3.2.2 at your premises or address specified by you (if we are arranging carriage). 3.3 You must inspect the Goods on delivery. If any Goods are damaged or not delivered, you must write to tell us within five days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged Goods.)
- Payment Terms 4.1 You are to pay us in cash or in cleared funds prior to delivery, unless you have an approved credit account. 4.2 If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing. 4.3 If you fail to pay us in full on the due date we may: 4.3.1 suspend or cancel future deliveries; 4.3.2 cancel any discount offered to you; 4.3 4 charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998; a) calculated (on a daily basis) from the date of our invoice until payment; b) compounded on the first day of each month; c) before and after any judgment (unless a court orders otherwise); 4.3.4 claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and 4.3.5 recover (under clause 4.7) the cost of taking legal action to make you pay. 4.4 If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice. 4.5 You do not have the right to set off any money you may claim from us against anything you may owe us. 4.6 While you owe money to us, we have a lien on any of your property in our possession. 4.7 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
- Title 5.1 In spite of delivery having been made, no property in, or title to, any Goods delivered by, or on behalf of, us shall pass from us to you until we have received payment of the full price (including, without limitation, the amount of any interest which has accrued thereon) of: a) All Goods the subject of the relevant order; and b) All other goods supplied by us to you under any other contract or order. 5.2 Notwithstanding that the Goods (or any of them) remain our property, you may sell or deal with such Goods strictly in the ordinary course of your business, but not otherwise. You shall deal as principal when making such sales or dealings and shall keep the proceeds of such sale or dealing identified and separate from any other monies. We shall be entitled to recover from you the price of any Goods (plus VAT) delivered by us notwithstanding that property in and/or title to any of the Goods has not passed from us to you. 5.3 Your right to possession of and to sell or deal in the Goods shall automatically and immediately terminate if you enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of or over its undertaking or any part thereof, or documents are filed with a court for the appointment of an administrator of you or a resolution is passed or a petition presented to any court for the winding up in relation to you. We may also at any time terminate your right to possession of and to sell or deal in the Goods by giving written notice of the termination of the same to you. Both parties agree that your right to possession of and to sell or deal in the Goods shall not terminate save as expressly provided in this sub-clause 5.3. 5.4 Until property in the Goods has passed to you, you must hold those Goods on a fiduciary basis as our bailee. You shall keep such Goods safe and secure and free from loss, damage, and/or deterioration and insured for their full reinstatement value. You shall also keep such Goods separate from any other goods and identified as our goods and not (allow any other person to) remove, obscure, or deface any identifying marks on any of the Goods. 5.5 In the event that your right to possession of any Goods terminates as set out in sub-clause 5.3 we shall be immediately entitled to exercise our right, hereby acknowledged by you, to repossess and uplift the Goods and any other goods supplied to you and thereafter to resell the same (and retain the proceeds) and for this purpose you grant (and/or shall procure for) us, (its agents, employees, and other personnel) an irrevocable right and licence to enter any premises where the Goods, or any other such goods, are or may be stored with or without vehicles at any time. 5.6 On termination of an order for any reason the parties's rights contained in this clause will remain in effect. 5.7 If any provision of this clause is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this clause and the remainder of the provision in question shall not be affected.
- Warranties 6.1 We warrant that the Goods: 6.1.1 Comply with their description on our order confirmation form; and 6.1.2 Are free from material defect at the time of delivery (as long as you comply with clause 6.3). 6.2 We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the Goods or their fitness for any purpose. 6.3 If you believe that we have delivered Goods that are defective in materials or workmanship, you must; 6.3.1 Inform us (in writing), with full details, as soon as possible; and 6.3.2 Allow us to investigate (we may need access to your premises and product samples). 6.4 If the Goods are found to be defective in material or workmanship (following our investigations), and you have complied with these conditions (in clause 6.3) in full, we will (at our option) repair the Goods, replace the Goods or refund the price. 6.5 We are not liable for any other loss or damage arising from the contract or the supply of Goods or their use, even if we are negligent, including (as examples only); 6.5.1 Direct financial loss, loss of profits or loss of use; and 6.5.2 Indirect or consequential loss. 6.6 Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to five million pounds. 6.7 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the Goods. 6.8 Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
- Intellectual Property 7.1 We give no warranty that the marketing and/or exporting and/or storing and/or sale of the Goods outside of the UK by you will not infringe the rights of any third party (including any Intellectual Property Rights owned by third parties). 7.2 If you market and/or export and/or store and/or sell the Goods outside of the UK, this is entirely at your risk. By allowing resale in any country, we do not consent to the exhaustion of our trade mark rights in the EEA and all such rights shall remain in full force and effect. 7.3 You shall be liable for and shall indemnify us and our Affiliates and keep us and our Affiliates fully indemnified on demand from and against any and all losses, liabilities, costs, claims, demands, expenses and fees (including legal and other professional fees), actions, proceedings, judgments awarded and damages, suffered or incurred by us and/or our Affiliates as a direct or indirect result of the marketing and/or exporting and/or storing and/or sale of the Goods outside of the UK by you, whether or not such losses were foreseeable at the date of entering this Agreement. 7.4 For the purpose of this clause 7, the following phrases have the following meanings:7.4.1 "Intellectual Property Rights" any and all rights in and/or to patents (including supplementary protection certificates), trade marks, service marks, domain names, registered designs, utility models, design rights, moral rights, rights in database use, copyrights, inventions, trade secrets and other confidential information, the sui generis rights of extraction relating to databases, know how, business or trade names, get-up, and all other intellectual property and neighbouring rights and rights of a similar or corresponding character anywhere in the world (whether or not the same are registered or capable of registration) and all applications and rights to apply for the protection of any of the foregoing; and 7.4.2 "Affiliates" in respect of either party, a company which is a Subsidiary of that party or which is a Holding Company of that party, or a Subsidiary of such Holding Company, in each case for the time being and "Holding Company" and "Subsidiary" shall have the meaning given in section 1159 Companies Act 2006 and shall include parent and subsidiary undertakings as defined in section 1162 Companies Act 2006.
- Return of Goods 8.1 We will accept the return of Goods from you only: 8.1.1 By prior arrangement (confirmed in writing); 8.1.2 On payment of an agreed handling charge (unless the Goods were defective when delivered); and 8.1.3 Where the Goods are as fit for sale on their return as they were on delivery.
- Export terms 9.1 Clause 9 of these terms applies (except to the extent that it is inconsistent with any written agreement between us) where we supply the Goods over an international border or overseas. 9.2 The ‘Inconterms’ of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency. 9.3 Unless otherwise agreed, the Goods are supplied ex works our place of manufacture. 9.4 Where the Goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979. 9.5 You are responsible for arranging testing and inspection of the Goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect in the Goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit. 9.6 We are not liable for death or personal injury arising from the use of the Goods delivered in the territory of another State (within the meaning of s.26 (3) (B) Unfair Contract Terms Act 1977).
- Cancellation 10.1 You may not cancel the other unless we agree in writing (and clauses 2.2.2 and 10.2 then apply). 10.2 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order. 10.3 We may suspend or cancel the order, by written notice if: 10.3.1 You fail to pay us any money when due (under the order or otherwise); 10.3.2 You become insolvent; 10.3.3 You fail to honour your obligations under these terms.
- Waiver and variations 11.1 Any waiver or variation of these terms is binding in honour only unless: 11.1.1 Made (or recorded) in writing; 11.1.2 Signed on behalf of each party; and 11.1.3 Expressly stating an intention to vary these terms. 11.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
- Force Majeure 12.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability. 12.2 Examples of these circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
- General 13.1 English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction. 13.2 If you are more than one person, each of you have joint and several obligations under these terms. 13.3 If any of these terms are unenforceable as drafted: 13.3.1 It will not affect the enforceability of any other of these terms; and 13.3.2 If it would be enforceable if amended, it will be treated as so amended. 13.4 We may treat you as insolvent if: 13.4.1 You are unable to pay your debts as they fall due; or 13.4.2 You (or any item of your property) become the subject of: a) any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy); b) any application or proposal for any formal insolvency procedure; or c) any application, procedure or proposal overseas with similar effect or purpose. 13.5 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us. 13.6 Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed. 13.7 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller. 13.8 The only statements upon which you may rely in making the contract with us, are these made in writing by someone who is our authorised representative and either: 13.8.1 Contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or 13.8.2 Which expressly state that you may rely on them when entering into the contract. 13.9 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
