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Manufacturing British Products to British Standards
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UK's leading manufacturer & supplier of the highest quality access equipment
Manufacturing British Products to British Standards
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UK's leading manufacturer & supplier of the highest quality access equipment
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Manufacturing British Products to British Standards
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UK's leading manufacturer & supplier of the highest quality access equipment
Manufacturing British Products to British Standards
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Terms and Conditions

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                                           LADDER AND FENCING INDUSTRIES (NEWENT) LTD

Horsefair Lane, Newent, Gloucestershire GL18 1RP

                                                Telephone: 01531 820541         Fax: 01531 821161

                                                     Email terry.smith@LFI-ladders.co.uk

Standard Conditions of Sale for Ladder and Fencing Industries (Newent) Ltd.

1. Introduction

This agreement is a legal document which sets out your rights and obligations and those of Ladder and Fencing Industries (Newent) Ltd. whose address is Horsefair Lane, Newent, Gloucestershire, GL18 1RP and who is referred to as 'the Supplier' throughout this agreement. You will be referred to as 'the Customer'.

The items that the Supplier has sold to the Customer will be referred to as 'the Goods'.

These Conditions of Contract will not be overridden by the Customer even if the Customer's conditions are included in an acceptance of offer letter or later documentation put forward by the Customer.

 

2. Quoted prices

a) Any quotations made by the Supplier will remain open to be accepted for a period of 14 days from the date of quotation but the Supplier reserves the right to alter or withdraw them at any time without notice should there be an increase in transport costs, wages or cost of materials.

b) Unless otherwise stated the Supplier's quoted prices do not include VAT.

c) No variation or waiver or addition to these conditions, whether written or

oral, shall have effect unless or until authorised in writing by a director of the Supplier.

 

3. Payment and Ownership of Goods

a) The Customer shall make payment in full within 30 days from the date of invoice of the Goods. Interest on all overdue accounts will be charged at 8% over Lloyds Bank base rate (from time to time) under the provision of the Late Payment of Commercial Debt (Interest) Act 1998 from the date the money should have been paid until the date actual payment occurs.

b) Until payment in full has been received for the Goods they will remain the property of the Supplier.

c) At the Supplier's discretion they may require payment on account under any contract.

d) Any delay or default by the Customer in making a payment in accordance with clause 3(a) to 3(c) above shall render all sums owing to the Supplier on any account whatsoever due and payable forthwith without requirement for any notice to be given to the Customer.

e) If a Customer goes into receivership, enters into an individual or company voluntary arrangement, has a winding-up petition or bankruptcy petition served against it or is made bankrupt or goes into liquidation then all sums due and owing to the Supplier will immediately become due and the Supplier may enforce clauses 5 (i) (ii) and (iii) below.

 

4. Delay in Delivery and Third Party Rights

a) The Supplier will endeavour to deliver the Goods to the Customer promptly but no liability will be incurred for late delivery and time is not of the essence of the contract.

b) It is not intended to grant any third party rights under the terms of this contract.

 

5. Termination and Suspension

Without prejudice to any rights and remedies available to it, whether under the contract or otherwise, and until all monies outstanding to the Supplier are paid in full, the Supplier shall be entitled in its absolute discretion upon giving written notice to the Customer:

i) to terminate the whole or part of the contract with the Customer;

ii) to withhold, vary or suspend performance of all of its obligations under the contract or any other contract; or

iii) to require to be returned to it any Goods in the Customer's possession that have not been paid for. If the Customer fails to comply with that request the Customer hereby grants the Supplier authority to re-take possession of the Goods and to enter into any of the premises of the Customer for that purpose.

 

6. Carriage

Deliveries that take place on our own vehicles will normally be free of charge unless Goods are of an exceptional length have to be delivered to remote destinations or comprise a small order, in which case we reserve the right to make an additional delivery charge. An additional delivery charge will also be made where urgent deliveries are placed and we have to use third party carriers.

 

7. Designs, sketches and descriptions and statements

a) All designs, specifications, sketches, drawings, diagrams, descriptions, recommendations or suggestions submitted by the Supplier or contained in its catalogues, brochures, price lists, or other published material (whether before or after the contract) are given in good faith but their purpose is to present a general idea only of the products described therein and none of them shall form part of any contract or shall give rise to any independent or collateral liability of whatsoever nature on behalf of the Supplier.

b) Information given or statement supplied by the Supplier to the Customer or any other party (whether before or after the date of the contract) in respect of the capabilities or performance of the goods shall be deemed to be the expressions of the Supplier's expectations and not representations of fact unless otherwise agreed in writing with the Supplier.

c) Any extra costs caused by the Customer varying or adding to the specification of goods to be sold shall be payable by the Customer.

d) We reserve the right to change the design and specification of any Goods which appear in our catalogue due to improvements in design or changes in specifications or statutory regulations.

 

8.  Work Product

"Work Product" shall include, without limitation, all designs, discoveries, creations, works, devices, masks, models, work in progress, service deliverables, inventions, products, special tooling, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived or developed by LFI alone or with others that result from or relate to LFI Products.  All Work Product shall at all times be and remain the sole and exclusive property of LFI. Buyer hereby agrees to irrevocably assign and transfer to LFI and does hereby assign and transfer to LFI all of its worldwide right, title and interest in and to the Work Product including all associated intellectual property rights. Buyer hereby waives any and all moral and other rights in any Work Product or any other intellectual property created, developed or acquired in respect of LFI Products.  LFI will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name or to follow any other procedure that LFI deems appropriate.  

 

9. Warranty

Great care is taken that all goods supplied shall be of the highest quality. All Goods however should be inspected by the Customer upon delivery and in respect of defects which are obviously apparent upon delivery they must be reported to the Supplier within 48 hours of delivery taking place or claims for defects will not be accepted.

Where defects in Goods supplied are not obviously apparent upon inspection the Customer will ensure they notify the Supplier as soon as is reasonably practical after the goods are discovered to be faulty. In any event the parties agree that any complaint for defective goods must be made within 6 months from the date of delivery. The only obligation of the Supplier will be to replace those defective Goods.

The following additional clauses will also apply in relation to the supply of timber products:-

a) Where Timber plant is used under extremes of temperature and the Customer's order has not specified the use intended, any liability by the Supplier is excluded;

b) Whilst every care is taken to prevent shakes or splits, timber is a natural materials and when box hearted timber is used, eg. round poles, the absence of shakes or splits cannot be guaranteed.

 

10. Liability for faulty goods

a) The only obligation of the Supplier will be to replace damaged or faulty goods and the Supplier will not be responsible for any economic loss, loss of profit, loss of business or like loss as a result of the supply of faulty goods.

b) If for any reason a court of competent jurisdiction should determine that clause 9 (a) above is not valid, or in the event of any type of loss or damage occurring to the Customer's property or business which they try and claim from the Supplier, then the maximum amount which can be recovered from the Supplier for any loss incurred by the Customer will be limited to:-

i) the amount for which the Supplier is insured under any insurance policy it may have in place from time to time; or

ii) if for any reason the Supplier's insurance policy is declared null and void or a claim falls outside the terms of the insurance policy the maximum amount the Supplier has received from the Customer under that particular contract.

 

11. Nothing in these conditions will exclude or limit the liability of the Supplier for death or personal injury resulting from its negligence insofar as the same is excluded under United Kingdom statute.

 

12. Returns

i) When an item is specifically ordered at a Customer's request it will not be accepted back for any reason or under any circumstances without the prior consent of the Supplier in writing. All parts returned in a saleable condition under cover of the original advice note and with the consent of the Supplier will be credited at the invoice price less a charge of 10% to cover handling and administration costs.

ii) Where the Customer shall cancel a contract he shall be liable to indemnify the Supplier against any loss which may be incurred in respect of any Goods specifically purchased or provided by the Supplier and for any expense incurred by the Supplier in the manufacture or supply of special equipment.

 

13. Force Majeure

The Supplier shall have no liability whatsoever for any failure to perform or any delay in the performance of any of its obligations under the contract arising wholly or in part by reason of any factors beyond its direct control. A non-exhaustive list would be strikes, floods, fire, adverse weather conditions etc.

 

14. Notices

Any notices required to be given in writing under the contract shall either be given by facsimile transmission, e-mail, first class post or courier delivered to the registered office or last known trading address for the party for which it is intended.

 

15. Governing Law

The contract shall be governed by the Law of England and determined in the English courts.

 

REVISED: JULY 2013