Lagan Machinery Sales Ltd standard Terms and Conditions for the Provision of Products/Items
Definitions and Interpretations.
“ Company “ means Lagan Machinery Sales Ltd. or “we” or “us” or “LMS”
“Customer” means any customer, firm or legal person who enters into a contract for the supply of a product.
“Contract” means an order in writing between the customer and the company.
“Products/Goods” means all equipment/machinery supplied or purchased.
“Parties” shall mean the company and customer.
“Information” means information, where written, oral, digital, electronic or in any other form.
“VAT” means value added tax chargeable under the value added tax act 1994 and/or any similar replacement.
- The conditions apply to all the company sales/ purchases and any variation shall have no effect unless expressly agreed in writing and signed by a director of the company. The customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the company which is not set out in the contract.
- Each order or acceptance of a quotation for products by the customer from the company shall be deemed to be an offer by the customer to buy the products subject to the conditions.
- No order placed by the Customer shall be deemed to be accepted by the company until a written acknowledgement of the order is issued by the Company.
- The Customer shall ensure that the terms of its order and any applicable specification are complete and accurate.
- The Company shall use its reasonable endeavours to deliver the products on the basis set out in the contract, useless otherwise stated in writing, delivery of products shall take place at the company place of business.
- Dates and times for delivery of products are given in good faith they are estimates and the company will not be liable for any loss, damage or expense arising directly or indirectly form any delay in delivery of products how ever caused.
- The customer shall take delivery of the products within seven days of the company giving it notice that the products are ready for delivery.
- The company shall be entitled upon giving seven days notice to the customer at the address given by him at the time of contract, to sell products to another customer if the goods/products are outstanding. The company shall be limited to replacing the products within a reasonable time or issuing a credit note against any invoice raised for such products.
- The price of products shall be the price set by the company. The price indicated at the time is exclusive to the product and dose not include any value added tax, or other costs such as loading insurance and delivery costs, the customer shall pay these in addition when it is due to pay for the products.
- VAT is presently charged at a rat of 20% on the final or principal figure a product is sold for and applies to all products sold by the company within the UK. Please note VAT rates are set by Her Majesties government and are implemented by Revenue & Customs (HMRC) and the company can without prior notice change the VAT rate in accordance with legislation and instruction by HMRC. Goods which are sold by the company to outside the UK or exported may not be liable for VAT if the customer is VAT registered in the country they are operating in.
- No payment shall be deemed to have been received until the company had received cleared funds the customer shall make all payments due under the contract/invoice in full without any deduction. If the customer fails to make payment on the due date then the company may rescind the contract without any further liability whatsoever or cancel any provision of any products due to the customer.
- Any queries regarding an invoice must be notified to the company in writing within fourteen days of the invoice date. No cancellation by the customer is permitted nor will any rescheduling of the delivery of the products take place unless expressly agreed by the company in writing.
- Warranty given by the company shall be only that offered by the manufacturer, the company shall endeavour to transfer to the customer the benefit of any warranty or guarantee in respect of the products. Unless otherwise stated, second hand or used products are sold in their existing condition without warranty. It is the customer’s responsibility to satisfy itself as to the condition of such products prior to entering into a contract, and the customer accepts that the company had provided reasonable facilities to enable examination of products prior to purchase.
- The companies total liability in contract tort (including negligence or breach of statutory duty) Misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the costs of repair of the products. The company shall not be liable to the customer for loss of profit or loss of business as a result directly or indirectly with any such sale of contract. Total liability of the company on performance of the contract or products is limited to six months from the contract date.
- The title to the property in any products to be sold by the company to the customer shall pass to the customer upon payment in full by the customer to the company of any sums, fees and charges due under any such sale. Upon repossession of any products by the company it may sell them and the proceeds of the sale belong to the company, and the customer shall have no right or interest in those proceeds. If the net proceeds are received by the company are less than the amount payable to it by the customer in relation to those products it may recover the balance from the customer. Risk in any products supplied by the company to the customer shall pass to the customer on delivery. The customer uptakes to provide all necessary information, support and co-operation that may reasonably be required to enable the company to carry out its obligations to the customer and to take all reasonable steps to ensure the health and safety of the companies employees or agents while they are at the delivery location, in the event the company agrees to deliver the products.
- The company shall be entitled to terminate any contract/sale in the event of non payment of any monies due by the customer to the company by the due date. Any termination of contact/sale shall discharge the company from any liability for further performance and shall entitle the company to enter the customer’s premises and remove any products that are the property of the company or to which the title has not passed.