:Terms
& Conditions
GENERAL TERMS &
CONDITIONS
With reference to the
terms and conditions below, “L&C” shall mean Longthorpe & Coleman and
“Customer” shall mean the person or the company ordering the services
of Longthorpe & Coleman
PRICE
Products will be invoiced at the prices ruling at
the time of despatch.
Except where a quotation is expressed to be on the basis of a fixed
price for a specific period, L & C may vary the price to reflect any
variation in costs prior to delivery.
PAYMENT
Credit account invoices are due and payable in sterling 30 days from
the date of the invoice unless otherwise agreed.
L& C should be notified immediately of any error on an invoice.
If any payment is overdue L&C may stop the delivery of products or
provision of services to the Customer and payment shall become
immediately due for all products and services supplied.
L&C may charge interest on any amount overdue at the rate of 5% per
month compounding monthly until the sum due is paid.
TRANSFER OF PROPERTY AND RISK IN PRODUCTS SOLD
Products being sold shall remain the property of L&C until the whole
of the price has been paid.
DELIVERY AND STORAGE
L&C reserves the right to charge for delivery.
If full delivery cannot be made to the agreed drop point or delivery
address due to the Customer's act or omission, L&C may additionally
charge for abortive journeys or part deliveries.
If the Customer fails to accept delivery L&C shall be entitled to make
arrangements for storage of products and to charge the Customer
accordingly and the Customer shall become responsible for the risk of
loss of or damage to the products and for paying the contract price as
if the products had been delivered.
SHORTAGE, LOSS OR DAMAGE IN TRANSIT
The Customer shall report promptly to L&C (and to
the carrier if not L&C) any shortage or loss of or damage to products
in transit. Damaged products and packing must be kept for inspection
by L&C for a minimum period of 90 days.
L&C shall not be liable for any shortage, loss, damage or discrepancy
unless notification (confirmed in writing) is received by L&C within 5
working days of delivery in the case of shortage, damage or
discrepancy or within 12 working days from the date of intended
despatch in the case of total non-delivery.
TECHNICAL SPECIFICATIONS, etc
All descriptions, technical specifications, drawings, illustrations
given in catalogues or other literature issued by L&C while given in
good faith shall not form part of the contract unless specifically
incorporated therein and L&C accepts no liability for minor
variations.
L&C design, specifications, data and other documents are copyright.
INTELLECTUAL PROPERTY AND COPYRIGHT
All technical information supplied in written or
electronic form will be treated as confidential by the Customer, its
employees and agents and will not be reproduced or disclosed to any
third party without the prior consent of L&C.
L&C trade marks and names shall not be used otherwise than as applied
by L&C products supplied.
GUARANTEE
L&C undertakes to repair or, at its option, replace products which
fail (fair wear and tear excepted) within 12 months of the passing of
risk in the products to the Customer and occurring under normal
conditions and subject to proper storage, use and maintenance provided
that: (i) the Customer notifies L&C promptly with details of any
alleged defect or malfunction; and (ii) the Customer gives L&C or its
agents the opportunity to inspect on site and, if L&C so requests, the
products are returned promptly carriage paid (and details of carriage
notified in writing to L&C in advance); and (iii) the products have
not been repaired or modified by anyone other than L&C or its agents.
(iv) the products have been installed in compliance with L&C
recommendations.
If products are found to be defective L&C undertakes to refund the
Customer's reasonable expenses incurred in the United Kingdom in
returning such products to them
If installation recommendations are not included with the products, or
have not been previously supplied by L&C, it shall be the duty of the
Customer to request these from L&C within 10 days of the date of
delivery of the products to the Customer. Failing such request, or
failure to comply with L&C installation recommendations, shall relieve
L&C of responsibility for any loss or damage to products attributable
directly or indirectly to defective installation.
REPRESENTATIONS, ADVICE AND EXCLUSION OF
IMPLIED TERMS
The rights, obligations and liabilities of the parties under these
conditions shall be in lieu of any warranty or condition implied by
common law or by statute into a contract for the sale of products or
supply of services. No warranty is given that products or services are
suitable or sufficient for any specific purpose unless such purpose is
defined in the contract and expressly accepted by L&C in writing.
Advice given or representation made by L&C, its employees or agents
are given and made without liability or otherwise except only if L&C
agrees in writing to provide technical advice in return for a specific
fee, in which case the liability of L&C, its employees and agents
shall be limited to the amount of the fee received for such advice.
LIMITATION ON LIABILITY
L&C shall under no circumstances be liable in contract or otherwise
for any loss, damage, expenses or injury whatsoever consequential or
otherwise arising out of or in connection with the supply,
installation, use or failure of or defect in the products beyond the
value of the products to which the claim relates.
CUSTOMER INDEMNITY
The Customer shall indemnify and hold harmless L&C and its employees
against any claim made against, or any loss, cost, damage, injury or
expense suffered by L&C or its employees or agents:- (i) howsoever
arising on the Customer's site or any site to which delivery is made
or on which services are provided at the request of the Customer; or
(ii) caused or contributed to by the negligence of the Customer, its
employees or other persons for whom the Customer is responsible; or
(iii) arising out of any breach by the Customer or any liability of
the Customer under the contract or these conditions; save, in any
case, to the extent directly caused by the negligence of L&C, its
employees or agents. If at the request of (or by contract with) the
Customer, L&C agrees to provide products or services to any person who
is not a party to the contract, the Customer shall procure that such
person agrees to be bound by these conditions as though a party to the
contract, and the Customer shall indemnify L&C against any
consequences of the Customer failing so to do, including any claim
made by such person which he could not make if a party to the
contract.
TERMINATION OF SUPPLY AND REPOSSESSION OF L&C
PROPERTY
L&C may stop supply of goods or services or, at its option, forthwith
terminate this contract on notice to the Customer without prejudice to
any then accrued rights of either party if the Customer commits any
act of bankruptcy or, being a company, has a receiver appointed or
goes into liquidation (except for the purpose of reconstruction or
amalgamation); or if the Customer commits any material breach of any
provision of the contract or these conditions and no previous waiver
on the part of L&C shall prejudice its rights hereunder.
UNFORESEEN CIRCUMSTANCES
L&C shall not be liable for any failure to fulfil
its obligations under the contract if such failure is due to strike,
lock-out, industrial dispute, breakdown of plant, transport or
equipment or, whether or not of the same nature as the foregoing, to
any event or circumstances beyond L&C reasonable control
The contract and these conditions are governed by
English law.
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