In these terms and conditions the “Company” means LS Systems Ltd, the “Customer” means the person, firm, or company who purchases Goods from the Company, the “Goods” means any goods agreed in the contract to be supplied by the Company to the Customer, the “Contract” means any contract between the Company and the Customer for the sale and purchase of the Goods which incorporates these terms and conditions.
a) No terms, conditions, warranties, reservations, or stipulations by the Customer and no course of dealings shall annul, vary or add to any of these terms and conditions except where expressly consented to by the Company in writing.
b) No relaxation, forbearance, delay or indulgence of the Company in enforcing any of its rights shall affect prejudice or restrict such rights and any waiver of the Company in respect of any breach of contract by the Customer shall not operate as a waiver of any subsequent or continuing breach.
c) These terms and conditions and any Contract are governed by English Law and the Company and the Customer agree to submit to exclusive jurisdiction of the courts of England and Wales.
d) All samples, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s buyers guide, brochures or websites are issued or published for the sole purpose of giving an approximate idea of the goods described therein and shall not form part of the Contract between the Company and the Buyer.
e) For comprehensive terms and conditions relating to any installed project, site or service work please refer to our Sales Office on 01772 812484.
a) All prices quoted by the Company in the buyers' guide, brochures or websites are correct at the time of going to print.
b) All prices quoted by the Company in any written quotation are valid for 30 days provided that the Company has not previously withdrawn it. The Company does endeavour to maintain these prices, however, due to factors beyond the Company’s control e.g. currency fluctuations, raw materials increase etc. the Company reserves the right to alter the price of any Goods without prior notice.
c) The Company reserves the right to terminate the Contract (without any liability to the Company whatsoever or howsoever arising) if the Customer is not willing to pay an increase in the price of Goods.
d) All prices exclude V.A.T. which shall be charged at the rate applicable at the date of invoice.
e) The price of carriage of the Goods shall be borne by the Customer.
a) All transactions over the trade counter not made by credit account custoemrs are payable at the point of sale.
b) Payment for credit account customers is strictly twenty-eight days from the date of invoice.
c) Time for payment shall be of the essence.
d) If the Customer fails to pay to the Company any sum by the due date then the Customer shall be liable to pay interest to the Company on such sum from the due date of payment at the rate of 2% above the base lending rate from time to time of the Company’s bank accruing on a daily basis until payment is made and/or (at the Company’s sole discretion) the Company shall be entitled to claim interest under the Late Payment of Commercial Debts (interest) Act 1998 notwithstanding that such claim or claims to interest and/or to surcharges for non-payment have been waived by the Company in the past.
e) If the account remains unpaid after twenty-eight days then the Company reserves the right to sue for damages and to withdraw all credit facilities. If any further Goods are supplied they may be on a cash with order basis.
f) All costs including legal fees incurred by the Company in collection of overdue accounts or in enforcing repossession as hereinafter provided shall be payable by the Customer.
g) The Company reserves the right to re-impose without notice any discounts that have been allowed of payment is not made in full by the due date.
h) If Goods are agreed to be paid by instalments and a payment is missed then the total amount payable for the Goods shall become immediately due and payable.
i) The Customer shall make all payments due to the Company without any deduction whether by of set-off, counterclaim, discount or abatement or otherwise.
a) Time is not of the essence for delivery, and any delivery dates are estimates only.
b) Any goods dispatched in error shall be returned in good condition to the Company by the Customer at which time the Company shall credit the Customer in full.
c) The Customer shall advise the Company of any non-delivery of whole or part of the consignment within 3 days of the date of delivery.
d) If the Customer does not return the Goods within seven days they shall have been deemed to have accepted the Goods. Where any Goods are returned to the Company in accordance with the time limit specified in this clause 4, the Goods returned must be accompanied by a note to explain the reason for return for consideration by the Company.
e) All deliveries shall be made to the address specified at the time of order. If for any reason the Customer fails to accept the Goods at the address or date specified by the Company then the Company reserves the right to (i) store the Goods, at the Customer’s sole expense, until such time that the Goods are either collected or delivered or (ii) (at the Company’s sole discretion) dispose of the Goods.
f) The return of correctly dispatched Goods of saleable quality shall be subjected to a 10% restocking charge plus any delivery charges. The minimum restocking charge is £10.00 plus any delivery charges.
g) Orders for non-stocked, special or custom-built assemblies cannot be terminated by the Customer once the order has been accepted by the Company.
h) Subject to the provision of clause 6, the Customer shall not be entitled to terminate the Contract or reject the Goods by reason of any minor defects on quality, number, size, colour or finish of the Goods.
i) Where deliveries are by instalments, any defects found in one instalment delivered shall not entitle the Customer to reject future instalments.
j) Where part deliveries are agreed with the Customer, additional delivery charges will be made by the Company for all additional deliveries.
a) The Customer warrants and undertakes that any pesticides sold by the Company will be used by competent and qualified end users and that the Customer has the necessary skill and technical knowledge to comply with the provisions of the Food and Environment protection Act 1985 and any other relevant legislation, statutes, regulations or other industry standards in the use of pesticides.
b) No pesticide will be left with a Customer without receiving a signed delivery note.
c) All pesticides are sold on the agreement that they are used strictly according to the latest approved recommendations for that product.
When using pesticides always read the label carefully before use.
a) The Company is not a manufacturing company but merely acts as a reseller and is therefore not responsible for the manufacture of any goods sold.
b) All warranties, conditions and other terms implied by statute or common law are, subject to clause 6 (c), to the fullest extent permitted by law excluded from these terms and conditions and any contract.
c) Nothing in these terms and conditions or the Contract excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence, or under section 2(3) of the Consumer Protection Act 1987 or for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability, or for fraud or fraudulent misrepresentations.
d) subject to clause 6(b) and 6(c) :
(i) The Company’s 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 by the Company of the Contract shall be limited to either the supply of replacement Goods, or the repair of the Goods (to the limit of the invoice price) or reimbursement not exceeding the invoice price for the Goods; and
(ii) the Company shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct or indirect consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arising out of or in connection with these terms of business or the Contract include late or non delivery of the Goods.
e) It is the responsibility of the Customer to check the suitability and condition of all Goods supplied by the Company before use.
f) Allegedly faulty goods must be returned to us for inspection within seven days of purchase.
g) Nothing in these terms or conditions shall affect the statutory rights of a Customer who deals as a “Consumer” as defined in the Unfair Contract Terms Act 1977.
The Company reserves the right to sub-contract part or all of any Contract with any Customer without prior notice to the Customer.
CONTRACT RIGHTS OF THIRD PARTIES
It is agreed that the Contract Rights of Third Parties Act 1999 shall not apply to the Contract and no person, other than the Company and/or Customer shall be entitled to enforce the Contract.
The Company shall have no liability to the Customer under the Contract if it is prevented in performing its obligations under the Contract or from carrying its business by acts, events omissions, accidents beyond the Company’s reasonable control, including but not limited to strikes, industrial disputes, lock-outs, accidents, war, acts of Gods, civil commotion, malicious damage, fire, reductions in or unavailability of power at manufacturing plant or shortage or unavailability of raw materials from normal sources or routes of supply or default of any sub-contractor.
TITLE OF GOODS
a) The goods shall remain the property of the Company until it is paid for in full by the Customer or until such payment The Customer shall (i) hold the Goods and all items incorporating the Goods as bailee on behalf of and in a fiduciary capacity for the Company; and (ii) store the Goods (at no cost to the Company) separately from all other Goods of the Customer or any third party and in such a way as to be identifiable as the property of The Company; and (iii) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and (iv) maintain the Goods in satisfactory condition and keep them insured for their full price against all risks to the reasonable satisfaction of the Company.
b) Not withstanding anything contained in this Clause 10 the Customer shall be entitled to sell the goods to a third party in the normal course of business and to deliver them on the condition that as long as The Customer has not fully discharged all monies due to The Company the Customer shall be obliged to account to the Company with the proceeds of sale of the Goods which proceeds shall be kept separate and identifiable from The Customer’s own monies.
c) In the event of the Customer not fully discharging all monies due to the Company, or if the Customer should become bankrupt or, in the case of a Company, become insolvent, or in the opinion of the Company the Company believes that the Customer is about to suffer bankruptcy, insolvency or any other similar or analogous action, or the Customer ceases or threatens to cease trading then the Company shall be entitled to immediately, after giving notice of their intention to repossess, to enter upon the premises of the Customer with such transport as may be necessary and repossess and Goods to which they have title hereunder.
a) Risk of damage to the Goods supplied passes to the Customer on dispatch from the Company’s premises.
b) Pending payment of the full price of the Goods the Customer shall be required to keep the Goods insured for their full price against all risks to the reasonable satisfaction of the Company.
c) The Customer declares that it holds any insurance proceeds on trust to pay the same to the Company up to the amount of the invoice price for the Goods supplied.
It is necessary for all new customers wishing to open a credit account to supply suitable credit references on the Account Application Form found overleaf.
Personal information about the Customer may be stored safely and securely by the Company and used within the Company for marketing and accounting purposes. The Company may also share information about Customer accounts with other lenders through credit reference agencies and directly with other traders. This information is used only to make credit granting decisions or for fraud prevention. When customers apply for credit the Company may consult credit reference agencies, who may record the search. The Company reserves the right to refuse applications. If the Customer has severe problems with repayments the Company may pass the Customer’s name to a debt collection agency.
Manufacturer’s guarantees and warranties will only be valid if products are installed and used in accordance with Manufacturer’s instructions.
All equipment requiring service for guarantee claims or otherwise, must be returned to the Company at The Customer’s expense. A return carriage charge will be made after the work is complete. If “on site” work is required please contact our sales office for a listing of our current service/call out charge rates.
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LS Systems Limited is a company registered in England. Registered Office: 184 Blackgate Lane, Tarleton, Preston, PR4 6UU
Company Number: 2329261. VAT number: GB 483 6445 20