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Issue 1 01.05.17
30
1. General
(a) These terms and conditions shall apply to all trading
between Linda Lewis Kitchens (LLK) and the customer.
Acceptance by us of your order is conditional upon acceptance
by you of the following conditions which override all other
terms or conditions inconsistent therewith, express, implied or
otherwise.
(b) Any variation of these conditions shall only be binding if
agreed by a director in writing. Any stipulation or conditions on
a customer's order form shall be deemed to be inapplicable to
any order placed with us unless expressly agreed to by a
director in writing when acknowledging the order in question.
2. Acceptance of orders
No binding contract shall be deemed to have been effective
until
confirmed
in
writing
by
LLK
by
an
order
acknowledgement. Quotations are valid for 30 days. Price lists
and other publications by LLK do not constitute an offer.
3. Payment
(a) Subject as herewith in after provided payment is strictly by
the end of the month following the date of the invoice.
(b) Payment, sub clause (b) The company reserves the right to
charge interest on overdue accounts at 5% per annum over
HSBC's minimum lending rate. In addition, any overdue
invoices outstanding beyond the end of the month following
from the invoice date unless other terms are agreed in writing
prior to despatch will be referred to Daniels Silverman Limited
and will be subject to a surcharge of 15% plus VAT to cover the
collection costs incurred. This surcharge, together with all
other charges and legal fees incurred in recovering unpaid
invoices, will be the responsibility of the customer and will be
legally enforceable.
(c) Any payment due under the agreement shall be made in full
without set off, deduction or counter claims whatsoever.
(d) In the event of default in payment by the customer, in
accordance with the agreed terms the company shall be
entitled without prejudice to any other right or remedy to
suspend all further deliveries without notice.
(e) Credit terms granted may be withdrawn by the company at
any time without notice.
4. Price
(a) Notwithstanding any offer, quotation, tender or price list,
orders can only be accepted at price ruling at the date of
dispatch.
(b) All orders are regarded as separate transactions and will be
subject to small surcharges as appropriate.
5. Delivery
(a) Delivery dates are estimates only and the time of delivery
shall not be of the essence of the contract. We shall not in any
event be liable to compensate the customer in damages or
otherwise for any non-delivery or late delivery of goods or for
any loss consequential or otherwise arising there from.
(b) If the customer wishes to claim that there is any shortage
on delivery of any goods delivered or that the same have
been damaged in transit he shall give notice in writing to us
and the carrier by whom the goods have been delivered
within 24 hours after the delivery is made, failing which the
delivery shall be deemed to have been delivered undamaged
and in accordance with the delivery documents.
(c) Unless otherwise expressly agreed in writing, our prices
only cover delivery and working on normal working days and
during normal working hours. All deliveries made or work
done at the customer's request on Bank Holidays, Saturdays,
Sundays, and outside normal working hours, will be subject
to extra charges.
(d) In the event of any goods or any packing or container
being delivered and deposited whether on the public
highway or elsewhere the customer shall be responsible for
compliance with all regulations and for all steps which need
to be taken for the protection of persons or property in
relation to such goods packing or container and shall
indemnify us in respect of all or any costs, claims, losses or
expenses which we may incur because of such delivery.
6. Inspection of Goods/Reporting of damages
It is the
customer’s
responsibility to inspect the condition of
all goods received immediately upon arrival. The carrier will
not accept claims if the goods have been signed for without
noting any damage. All damages must be reported on the
same day of the delivery otherwise a claim cannot be made.
If no damage is reported that day then the goods will be
deemed received in good condition.
7. Warranty/Guarantee
LLK warrants that subject to the following terms will cover
the parts and labour costs for work carried out during the
warranty period as stated at the time of purchase subject to
the following conditions.
(a) The goods have been installed by a qualified engineer and
correctly cleaned and maintained.
(b) No misuse of the goods has taken place and the operating
instructions as to storage, installation, commissioning use or
maintenance have been properly adhered to.
(c) The goods have been used for the purpose for which they
were originally designed.
(d) No unauthorised alterations to the design or usage have
been implemented or the defect in the goods does not arise
from any design defect in any drawing or specification
provided by the Purchaser.
(e) LLK have been given reasonable opportunity after
receiving a completed warranty form from the purchaser to
arrange for inspection of the goods.
15 | TERMS & CONDITIONS
Summary of Contents for Da Vinci LLKDV13
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