These general conditions shall apply to all quotations and contracts of sale for and on behalf of LEE BROTHERS LIMITED hereinafter called ‘the Company’.
1. All prices, multipliers and quantity discounts are subject to alteration without notice.
2. Minimum order value £5.00 net per delivery to one destination.
3. Terms: Net monthly account prices are exclusive of V.A.T.
4. Unless otherwise agreed in writing by the Company these conditions which supersede any earlier sets of conditions appearing in the Company’s catalogues or elsewhere shall override any terms or conditions stipulated, incorporated or referred to by the buyer whether in the order or in any negotiations and all guarantees, warranties or conditions (including any conditions as to quality or fitness for any particular purpose) whether express or implied by statute, common law or otherwise are excluded and hereby negated.
5. Any date given for delivery is to be considered approximate only and cannot be guaranteed. The Company cannot be made responsible for any delays due to strikes, lockouts, trade disputes, accidents on land or on sea, government interference or for any other unforeseen circumstances and no claims for damage or compensation will be accepted.
6. In the event that the Company is compelled to withdraw from any contract due to circumstances as mentioned in Paragraph 5 this does not affect the right of the Company to demand payment in respect of all deliveries made before the date that the contract is cancelled.
7. All prices are to be understood for delivery ex stock excluding package or carriage but any special express delivery requested by the customer will be charged at cost irrespective of the value of the order. All risks during transport from the Company’s work are at the responsibility of the customer.
8. When goods are supplied to the customer’s specifications, instructions or design, the customer undertakes full responsibility for the suitability and accuracy of the specification instructions or design and undertakes to indemnify the Company against any infringement if any patent, registered design, trade mark, trade name or copyright and any loss, damage or expense which it may incur by reason of such infringement in any country.
9. The decision of the Company about any alleged defect shall be final and conclusive.
10. Any complaints or shortage must be notified immediately upon receipt of the goods, also any damage which may have occurred in transit. In the event of non-delivery no claims can be entertained unless notice of such non-delivery reaches us within 14 days from the date of advice.
11. Upon delivery of the above goods to the intending purchaser the risk shall pass but the vendor shall remain legal owner of them until such time as their intended purchaser shall have paid to the vendor the full price thereof and the full price of any other goods and the subject of any other contract of sale between the intending purchaser and the vendor. The intending purchaser acknowledges that until such time he is in possession of the goods solely as bailee for the vendor and if so required shall store goods separately from his own goods and in such a fashion as to be readily identifiable by the vendor.
12. Any account that remains outstanding beyond a reasonable time, we reserve the right to pass the account to a third party. This would involve a surcharge of £20.00 and any other cost incurred in obtaining settlement. Also we reserve the right to add 20% interest to outstanding accounts of more than 90 days.
13. The attention of the customer is drawn to the provisions of Section 6 of the Health and Safety at Work, etc, Act 1974. This ensures that as far as is reasonably practicable the goods will, when put to that use, be safe and without risk to health. The customer warrants that he will ensure that any person to whom he supplies the goods is made aware that such information is available.
14. The quoted price for the goods may be varied by the addition upwards by the Company in accordance with market conditions at the date of actual supply and the buyer shall pay such additions in addition to the quoted price. Without prejudice to the generality of the foregoing market conditions shall include any increase in the cost of labour and/or transport.
15. These conditions shall be subject to and construed in accordance with English law.
16. The proper law of all contracts with the Company shall be English law which shall govern in all respects the construction and affect of such contracts and of these conditions. The customer agrees that in the event of any dispute arising out of the contract or the performance thereof will be submit to the jurisdiction of the English Courts. |
