TRADING AS: LPD LTD
TERMS AND CONDITIONS OF TRADING
LEEDS PLYWOOD & DOORS LIMITED “THE COMPANY”
These conditions shall apply to each and every contract entered into by the Company and no variation of these terms and conditions shall be effective unless agreed in writing. (by a director of “The Company”)
(a) Unless otherwise provided this contract is for delivery ex-works and the place of delivery is the Company’s factory.
(b) Where a period for delivery is specified and such period is not extended by mutual consent in writing or under these terms and conditions the customer shall take delivery within that period. In all other cases the customer shall take delivery as soon as the Company is ready for the goods to be delivered or collected.
(c) Deliveries maybe wholly or partially suspended and the time of such suspension added to the original contract in the event of stoppage, delay or interruption of work in the establishment of the Company or it’s suppliers or any other person dealing with or carrying out work to the materials on behalf of the Company as a result of strikes, lock-outs, trade disputes, breakdowns, accidents or any cause whatsoever beyond the control of the Company.
(d) Any time for delivery named by the Company is an estimate only and the Company shall not be liable for the consequences of any delay.
2a. COLLECTION AND LOGISTICS
(a) It is at all times the responsibility of the customer to ensure that the goods ordered from the Company are suitable for the purpose(s) for which they are being purchased. The Company gives no warranty as to the suitability of the goods for the customer’s purposes.
(b) It is at all times the responsibility of the customer to determine the suitability of the packaging of the goods.
(c) It is at all times the responsibility of the customer to select the courier or agent charged with collecting the goods from the Company’s premises.
(d) It is all times the responsibility of the customer to arrange and implement all logistical requirements for the collection of goods purchased from the company. Such to include (but not limited to) the uploading of labels for the Company to print and the provision of a label printer.
(e) Should the customer require administrative support with logistics - in particular, the customer’s labelling requirements; the Company will at its absolute discretion provide such administrative support. The customer accepts and acknowledges its liability to discharge the Company’s reasonable fees and expenses (a surcharge) for the provision of such services. The Company will use its best endeavours to provide the customer with an estimate of its anticipated surcharge for agreement (or otherwise) at the time of order/prior to collection.
(f) The Company agrees to use its best endeavours to comply with the customer’s order deadlines and collection(s) of goods ordered from the Company. However, the Company does not accept liability for any failure to meet such deadlines or collection dates for reasons that have occurred beyond its control.
(g) It is the responsibility of the customer at all times to ensure that any courier or agent so instructed on its behalf to collect goods from the company is in possession of such information to enable the goods to be collected, i.e. but not limited to the customer’s full contact and address details and details of the goods to be collected.
(h) Where goods are collected via a courier or agent on behalf of the customer, that courier/agent at all times acts as the agent of the customer and the signature of that courier/agent upon collection of the said goods is evidence of acceptance of these Terms and Conditions. No variation or purported restriction of this clause will have any effect upon the liability of the Company in so far as the conditions set out hereafter or before are concerned.
(i) Once the customer or the customer’s agent/courier has collected the goods in accordance with the aforesaid clause all or any damage that may occur to the goods in transit thereafter is the responsibility of the customer and the customer is deemed to have accepted the goods once the customer/its courier has left the Company’s factory/premises. The Company will not be liable (save as otherwise provided for in these Terms and Conditions) unless the damage to the goods is notified to the Company before the customer/its agent/courier leaves the Company’s premises.
(j) All goods as collected as aforesaid are non-returnable. In the event that upon inspection of the goods there are discovered any missing fixtures or fittings, the customer is obliged to notify the company of the same within 24 hours of discovering the missing fixtures and fittings. The Company then will at its own expense and within 5 days of such notification despatch to the customer such identified missing fixtures and fittings. This clause does not affect the customer’s statutory rights.
(k) In the event of claimed manufacturing fault by the customer, the customer will, within 24 hours of discovering the alleged fault, provide details of the same to the Company. In the event that such manufacturing fault is accepted by the Company, the Company will at its absolute discretion exchange the product at its own expense. However, in such circumstances, the extent of the Company’s liability will not extend beyond the exchanging of the product and specifically any liability on the part of the Company for any alleged consequential or other losses claimed by the customer is not accepted by the Company.
(l) Customers who have been granted a credit account by the Company will be provided with an invoice in respect of the goods collected within 10 days of that event and will provide the customer with a monthly statement of account.
(m) Payment for goods collected by the customer/his agent/courier as aforesaid are due one month after the date of collection. The customer irrevocably accepts and acknowledges (by collecting the goods) that it will not make any deduction, offset or otherwise (by way of the purported issuing of a debit note or other similarly named note or document) from the said invoice. In the event of circumstances arising as described in paragraphs 2 (j) & (k) herein, the company upon accepting the customers claim will issue a credit note(s) to the customer representing the amount of the said accepted claim.
3. GUARANTEES AND LIABILITY FOR GOODS
(a) No condition or warranty is to be implied or is given as to quality or fitness for any purpose or as to correspondence with samples or description or as to merchantability either with regard to the goods to be supplied to the customer or as to any material used in their assembly or manufacture.
(b) Clause 3 (a) above shall apply notwithstanding that goods may have been ordered subject to the customers design specification or working drawings or as being required to fulfil a particular purpose or meet any specified.
(c) It shall be the duty of the customer to make all necessary enquiries and to exercise its own skill and judgement in deciding whether any goods are suitable for the purpose for which they are purchased.
(d) The liability of the Company in respect of defective goods (or goods damaged in transit where the Company is responsible for transport of the goods) shall only extend at it’s option to the repair or replacement of such goods and the Company shall not be liable for any costs, damages or losses whatsoever and without limitation to the foregoing consequential loss howsoever arising.
(e) The Company will only accept liability under clause 3 (d) provided a claim is made within 14 days or receipt of goods but no claim for replacement of goods but no claim for replacement of goods in the grounds of faulty colour match or pattern will be entertained unless it is made within 7 days of the receipt of goods and in any event the liability of the Company will in all cases and circumstances be limited to replacement of goods originally supplied. In the event of any claim the customer shall preserve the goods intact for inspection by the Company or persons on it’s behalf.
4. SAFETY PRECAUTIONS
The customer shall ensure that suitable protective clothing is worn at work by all persons handling the goods as protection and shall also ensure that the goods are suitable for the purpose to which they are put.
5. RESERVATION OF TITLE
(a) The risk in the goods supplied by the Company shall pass to the customer upon delivery/collection but ownership thereof shall remain in the Company until payment in full has been made of all invoices statements or accounts of the Company rendered by the Company to the customer.
(b) Should the customer re-sell goods or materials in the normal course of business prior to the passing of ownership he shall do so as agent of the Company to whom the customer will account.
(c) Until such payment in full the customer shall keep separate and readily identifiable all goods supplied by the Company as being the property of the Company.
d) The company shall be entitled forthwith to recover and re-sell any or all of such goods or products to which it has title hereunder and to enter upon the premises of the customer with such transport as may be necessary for the purpose if the customer commits any default hereunder ( which expression shall without prejudice to the generality hereof include any failure to pay the Company on the due date, the appointment of a receiver of the customer’s business of the presentation of a petition to wind up the customer.
(e) Nothing herein shall entitle the customer to return the goods or to refuse or delay payment for them.
6. INFRINGEMENT OF PATENTS ETC.
The customer shall indemnify the Company against all damage penalties costs and expenses to which the Company may become liable as a result of work done in accordance with the customer’s specifications which involve infringement or alleged infringement of a patent registered design or copyright.
7. QUANTITY TOLERANCE
To make a reasonable allowance for production and supply variation quantities slightly above or below those ordered may be supplied to a maximum of 10 %. These tolerances are applicable to the units in which the order is expressed and to each individual item.
8. DEFAULT GENERALLY
If the customer shall make default in or omit any of their obligations to the Company or if any distress or execution shall be levied upon the customer their property or assets or any arrangements or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against them or if the customer shall be a limited company and any resolution or petition to wind up such company shall be passed or presented or if a receiver administrator or liquidator shall be appointed of such company’s undertaking property or assets or any part thereof the Company shall be entitled to treat such event as a continuing repudiation of the order or contract by the customer and shall at any time thereafter be entitled to determine the order or contract without derogation from it’s right to receive money due to it and damages for breach of contract including damaged in respect of such repudiation.
9. EXPORT BUSINESS
Where goods are sold to an overseas customer then the contract shall unless otherwise agreed be on F.O.B terms and the responsibility of the Company accordingly shall cease at the moment the goods are placed on board ship
10. TRANSFER OF RIGHTS
The customer shall not transfer his rights to any third party without the consent of the Company in writing.
In the event that goods or materials involved in the quotation are materials or goods ex-stock they are offered by the Company subject to being unsold upon receipt of the buyer’s acceptance.
(a) Unless otherwise specified all prices quoted by the Company are strictly net and any increase in the cost of materials and/or wages shall entail a corresponding adjustment in the selling price of such of the orders as remains to be completed and the customer shall pay in addition to the selling price for all preparatory work delivery and packaging.
(b) Interest in default of payments on the due date will be charged to the customer at the rate of 5 % over the base rate for the time being of Lloyds TSB Bank Plc. on any balance from time to time outstanding.
13. IMPLIED TERMS
The customer acknowledges that it is buying in the course of a business carried on by it and that it’s attention has been drawn to the existence and extent to such of these conditions as exclude or modify any conditions or warranties implied by law.
No forbearance or indulgence by the Company shown or granted to any customer whatsoever in respect of any of these terms or otherwise shall in any way effect or prejudice the rights of the Company or be taken as a waiver of any of these terms.
15. ENGLISH LAW
Any contract made subject to these conditions shall be deemed to have been made in England and shall be governed by English Law.
Where these terms and conditions in any way conflict with any terms on which the customer has purported to purchase goods from the Company the conditions printed above shall prevail.