Terms & Conditions
1. General
1.1 All orders are accepted on these Terms and Conditions (‘The Conditions’) and no variations will be accepted other than confirmed in writing by the Company.
1.2 In the case of any difference between the Conditions and any terms and conditions used by a Customer and incorporated into their order Lt Machines Ltd conditions will prevail.
1.3 On receipt of an order from a Customer the Company will supply the Customer its order confirmation (‘the Order Confirmation’) setting out details of the goods to be supplied, the price payable and the period during which the Company is prepared to supply the goods at the price quoted.
1.4 No statement from any catalogue advertisement or made verbally by any of the Company’s employees or Agents shall vary conditions.
1.5 The Company shall be entitled to decline to proceed with any order.
(i) If it considers the Customer’s references or credit worthiness unsatisfactory.
(ii) If the order placed is below the company’s minimum order value of £25.00 per order
1.6 Should the Company agree to accept the return of any goods ordered, the Company shall be entitled to make a handling charge for dealing with such order of not less than £25.00.
1.7 The Equipment shall mean the goods to be supplied by the company to the customer and specified in the Order Confirmation or invoice.
2. Price
2.1 All prices quoted in the Order Confirmation are valid for the period specified and the Company shall be entitled to revise the price quoted if the Customer has not accepted in writing the quotation before the expiry of the period stated in the Order Confirmation.
2.2 The prices quoted are exclusive of Value Added Tax (or any replacement therefore) which will be charged additionally to the customer.
3. Payment
3.1 Unless otherwise specified on order confirmation/invoice payment shall be made of the invoiced price including VAT without any deduction or set off within 30 days of the invoice date.
3.2 If a Customer fails to pay an invoice within 30 days then notwithstanding any other remedy the company may have, the Company shall be entitled to:
(i) stop work on any contracts between the company and the Customer.
(ii) to enter the premises where the Equipment is located for the purpose of reclaiming the same and to retain any Equipment within the Company’s possession belonging to the Customer and to refuse to undertake fresh orders from the customer pending settlement of the Company’s overdue and outstanding invoices.
3.3 Failure to pay the invoice price within 30 days will entitle the Company to charge interest at the rate of 4% above the base lending rate of the Company’s Bankers on the invoiced price on the amount outstanding after 30 days from the date of the invoice until the actual date of receipt of payment by the Company.
4. Cancellation
4.1 Customer shall not cancel any order without LT Machine’s prior consent in writing. Cancellation notice must be in writing. Such consent may be made conditional on payment by customer of an appropriate charge. Cancellation must be within a reasonable period from date of order.
5. Warranties
5.1 The Company warrants that:
(i) The Equipment supplied to the customer will be in full working order to normal industrial standards. Save as aforesaid and warranty or condition, express or implied or written as to the quality of the finished Equipment or its fitness for any particular purpose are specifically excluded.
(ii) In respect of Equipment manufactured by it if the Equipment or any part or parts comprised therein prove to be defective within a period of 12 months or unless otherwise specified by LT Machines Ltd through either faulty materials or workmanship on the part of the Company then the company will repair such faulty Equipment or parts or at the Company’s sole discretion shall replace the same provided that the company shall only be liable in respect thereof if it receives notice in writing of a defect in respect of the Equipment within 12 months of delivery thereof and where it is possible so to do that the defective parts are returned to the Company at its expense Provided that if the Equipment is situated outside England, Scotland or Wales the company shall be liable only to supply at its cost replacements for the defective parts.
(iii) In respect of Equipment which is not new at the date of supply the Buyer shall be deemed to have inspected this and purchased it on an “as seen” basis and the Company gives no warranty as to the suitability, capacity, quality, condition, performance or otherwise of the equipment unless otherwise specified in writing by the Company.
The Warranty shall not apply where:
(i) The machine has been neglected or abused.
(ii) Repairs or revisions not authorised by LT Machines Ltd are performed.
(iii) The machine(s) is (are) used for purposes it was not initially designed to perform.
(iv) Payments are not received as per quotation or contract.
5.2 Exclusions
The Company shall not be liable for any defects in the Equipment where this has been caused by a failure on the part of the Customer to use it for the purpose for which it was constructed or to operate or maintain the Equipment:
(i) In a reasonable and proper manner.
(ii) In accordance with any training given by the company.
(iii) In accordance with any operating instructions supplied by the Company.
5.2.1 The company’s liability shall not extend beyond the warranty given under paragraph 4 nor shall the company be liable in any circumstances for any consequential loss.
5.2.2 The Company shall not be liable for any failure to perform this Contract arising as a result of circumstances beyond the company’s control.
5.2.3 The company’s liability for failure to complete an order in accordance with the terms of its Contract with the Customer shall be limited to damages not exceeding the invoiced price and in no circumstances shall the Company be responsible for consequential loss, damage or expense howsoever arising.
5.2.4 Any advice or recommendations given by the company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Equipment which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer’s own risk and accordingly the
Company shall not be liable for any such advice or recommendation which is not so confirmed.
5.2.5 The application and use of the equipment is the absolute responsibility of the Customer and the Company gives no warranty as to the suitability of the
Equipment for any particular purpose and the customer shall not be deemed to have carried out all tests and trials necessary to satisfy itself as to the suitability of the Equipment for the purpose for which the customer intends to puts it.
5.2.6 The Company shall not be responsible for any delays or failure to deliver the Equipment on a date agreed due to shortage of materials or labour or other causes beyond its control.
6. Modifications
The Seller reserves the right to make any modifications to the Equipment necessary to comply with any rules or requirements of any regulatory authority.
7. Buyer’s Property
The Company accepts no responsibility for:
(i) The accuracy of patents, drawings, particulars or specifications supplied by the Customer or any defects in the Equipment manufactured by the Company resulting there from.
(ii) The loss of or damage to materials, patents or other articles or documents supplied by the Buyer arising from fire or other cause beyond the Company’s control.
8. Indemnity
The Customer indemnifies the Company in respect of all loss, claims. Demands or liability arising as a result of the work done in accordance with the Customer’s specification and instructions which is an infringement of any letters patent, registered design, proprietary process or otherwise.
9. Delivery and Title
9.1 Unless otherwise expressly stated on the quotation/acceptance of order form, any dates given for delivery, commissioning, or installation are estimates only and in no circumstances shall the Company be liable for any delay or performance however arising.
9.2 Title to and property in the equipment supplied remains vested in the Company until all money due and owing to the company in respect of the Equipment supplied has been received in full by the Company.
9.3 Delivery shall be deemed to be effected and risk in the Equipment shall pass to the Company by:
(i) Delivery to the address (the address stated in the invoice or Order Confirmation) unless otherwise agreed in writing with a
Customer, or
(ii) Delivery F.O.B to a UK port when the equipment has been so delivered.
(iii) Where Equipment is to be collected by the Customer and it has been so collected by the customer or its agent or representative.
9.4 The Company’s responsibility shall cease immediately the Equipment ordered is placed on board ship or delivered to the address and the company shall be under no obligation to give the Buyer the notice specified in Section 32(3) of the Sale of Goods Act 1893-1979.
9.5 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and where for any reason howsoever arising the company considers that it is unable to make complete delivery of any parcel or instalments of the Goods the Company may delay such delivery or make such partial delivery on one or more occasion as it sees possible and the Customers obligation to pay shall be correspondingly delayed or as the case may be proportionately reduced. Failure by the Company to deliver any one or more of the instalments in accordance with these Conditions, or any claim by the customer in respect of any one or more such instalments shall not entitle the customer to treat the Contract as a whole repudiated.
10. Notification of Loss or Damage to or Non Delivery of Equipment
Claims for damage to or loss of equipment in transit must be submitted in writing both to the company and to the carrier as follows:
(i) In the case of non-delivery of the whole or any part of a consignment within 7 days of the date of despatch shown on the invoice or delivery note (whichever is the earlier).
(ii) In the case of damage to or partial loss of Equipment it is the Customer’s responsibility to inspect the equipment on delivery and to notify the company in writing within 48 hours that the Equipment delivered is damaged or incomplete.
(iii) Save as aforesaid the company will not accept any claims for damage for non-delivery of Equipment.
11. Contracts not Assignable
This contract is personal to the Company and the Customer named in the Order Confirmation and is not assignable without the Company’s consent.
12. Miscellaneous
12.1 Orders are accepted subject to the company receiving any necessary Licences to purchase or to use the raw materials required in the production of the
Equipment and whilst the company will use its best endeavours to obtain such raw materials the Company shall be entitled to cancel this Contract if it is unable to do so.
12.2 All delivery dates and times are quoted in good faith based on manufacturer’s advice but are not guaranteed and the Company cannot accept responsibility for any failure to deliver on the date quoted for reasons beyond its control.
12.3 All work carried out for the federal government or for providers of public services shall have priority over any other Contracts the Company undertakes and the Company reserves the right to delay completion or suspend a Contract with a Customer in such circumstances.
12. Understanding
These conditions embody the entire understanding of the parties and supersedes any prior promises, representations, undertakings or agreements and are only capable of variations by agreement in writing signed by both parties.
13. Governing Law
This contract shall be governed by and constructed in accordance with the Laws of England and the Customer agrees to submit to the jurisdiction of the English Courts.