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A. Terms and Conditions
These terms and conditions form part of every quotation, offer or Contract
of Sale made by LG Motion Ltd (hereinafter called "The Company") and shall not
be varied without the express written agreement of the Company. "Customer" means
the person firm or company who receives the Company's goods or to whom the Company's
quotation invoice or acknowledgment of order is addressed; "the goods" mean
the products supplied by the Company to the Customer.
B. Terms of Payment
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1. |
Strictly nett within 30 days following the date of the invoice for approved
accounts only, or net monthly account i.e. end of the month following the
month in which the invoice is dated. |
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2. |
For non approved accounts pro-forma payment or cash with
order. |
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3. |
Failure by the Customer to pay in accordance with the
terms of the Contract shall entitle the Company at its
option to:
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withhold future deliveries until such payment has been
made and further payments secured to its satisfaction. |
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charge interest at 4% above National Westminster Bank
rate for each day the amount remains outstanding after
the due date. |
C. Quotations
Quotations where given are without commitment and no contract between the Company
and the Customer shall arise unless and until the Company has accepted in writing
the Customer's order whether placed on the Company's quotation or otherwise.
D. Prices
Prices contained in a price list quotation catalogue etc. are those ruling
at the date thereof and are for guidance only. The Company reserves the right
to adjust the quoted prices to the prices current on the day of despatch. All
prices exclude VAT, which will be charged at the rate applicable at the time
of supply. Prices quoted are "Ex-Works" and Carriage, Packing and Insurance
will be charged extra.
E. Delivery
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1. |
All delivery dates quoted are estimated, are not guaranteed and do not form
a term of this contract. |
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2. |
The Company shall not be liable to make good to the Customer any damage
or loss arising directly or indirectly out of delay in delivery of the goods
nor will the Company be liable for any consequential or special loss claimed
by the customer including without limitation delay, detention, loss of profit
or production loss of time charges or liability to any Third Parties. |
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3. |
Where any order calls for a number of items the Company reserves the right
to despatch all or any number of items as and when available, and Customer
shall pay all invoices in respect of such deliveries in accordance with the
terms of payment set out above but not before they were due. |
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4. |
When the Company undertakes the installation of the equipment or materials supplied in the Customer's premises the Company shall not be responsible for any consequential loss or damage occurring as a result thereof nor the third party claims in connection therewith. |
F. Passing of Title in Property
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1. |
Ownership of the property in the goods supplied shall not pass to the Customer
until all monies owing to the Company in respect of such goods have been paid
to the Company in full. |
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2. |
In the event of non-payment or of the determination of the contract howsoever
it may occur the Company is authorised to enter on to the Customer's premises
and repossess those goods where the property is vested in the Company. |
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3. |
The risk incidental to the goods shall pass to the Customer with delivery
and the Company will not be liable to the Customer for any loss or damage
to the components howsoever occurring after delivery to the Customer. |
G. Testing and Inspection
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1. |
The Company reserves the right to charge the Customer for tests, test certificates,
certificates of conformity and for all testing or documentation which is not
provided as standard. |
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2. |
Where the Customer requires the Company to commission a component or equipment
at the Customer's premises this will constitute a separate contract between
the Customer and the Company. |
H. Cancellation or Variation
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1. |
Cancellation of an order or part of an order can only be made by mutual
consent, but where the Company agrees that an order may be cancelled the Company
nevertheless reserves the right to levy charges on the Customer for any loss
the Company has suffered as a result of that cancellation. |
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In the event of the Customer altering the requirements of the contract after
instructions have been received by the Company the Company reserves the right
to amend the delivery time and to charge for any costs incurred as a result
of the alteration. |
I. Warranty
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1. |
The Company guarantees the goods against defects in materials and workmanship
for a period of 12 months from the date of delivery. Any such defect must
be notified to the Company as soon as the defect becomes apparent and the
Company agrees to restore defective goods to satisfactory working order or
replace the same within the above period free of charge save where such goods
are separately covered by another manufacturer's guarantee. Defective goods
should be returned to the Company at the Customer's expense. |
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2. |
Such repair or replacement will be the absolute limit of the Company's liability
and the Company will not be liable in any circumstances whatsoever for the
loss or damage of any kind suffered by the Customer or and Third Party unless
the same shall relate to personal injury or death and then if the same shall
arise out of the Company's negligence. Save as aforesaid the Company shall
be under no liability whatsoever in regard to the goods supplied to the Customer. |
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3. |
The Company does not warrant or guarantee that the goods will be fit for
the Customer's specific purpose unless exact details of such purpose have
been notified in writing to the Company prior to the Company's acceptance
of the Customer's order. |
J. Transit Damage and Non-Deliveries
Customers should advise the Company of any damaged goods as soon as practicable
after delivery and at the latest within 7 days of receipt of the same. Damaged
goods should be returned to the Company at the Customer's expense. If the company
is not advised of non-delivery within 7 days from despatch the company will
not be held responsible.
K. Indemnity
The Customer shall indemnify the Company against all actions claims or demands
by Third Parties whether in tort or otherwise howsoever arising directly or
indirectly in connection with the use functioning or state of the goods for
in connection with the performance of services.
L. Insolvency
If the Customer is adjudicated bankrupt or commits any act of bankruptcy or
makes any arrangement or composition with his creditors or (being a company)
enters into liquidation (not being a voluntary liquidation for the purposes
only of reconstruction or amalgamation) or has a receiver of its assets appointed
the Company may without prejudice to its other rights suspend or cancel deliveries
of the components or cease its manufacture.
M. Law and Interpretation
This contract shall be governed by English law and the Customer shall submit
to the non-exclusive jurisdiction of the English Courts. If any of these conditions
or any part thereof is rendered void or unenforceable by any legislation to
which it is subject or by any rule of law it shall be void or unenforceable
to that extent and no further.
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