Terms and Conditions
TERMS & CONDITIONS OF SALE
All orders are accepted and goods supplied subject to the following express terms and conditions and all other conditions, warranties and representations, express or implied and statutory or otherwise, except as to title, are hereby excluded. No addition there from shall apply unless agreed in writing by the parties.
The company reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery in the event of any of the Customer's commitments with the Company not being met. If an order is cancelled by the Company in the aforementioned circumstances, or is cancelled by a customer then the customer shall indemnify the Company against all loss, costs (including the cost of all labour and materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation thereof, (the Company giving credit for the value of such materials sold or utilised for other purposes).
In the event of any suspension of supply through the customers instructions or lack of instructions the price(s) given on the invoice shall be increases to cover any extra expense thereby incurred by the company.
Any times quoted for dispatch are to be treated as estimates only. Whilst every endeavour will be made to meet these estimated times for dispatch, the Company shall not be liable in any manner whatsoever for failure to dispatch within the time quoted.
5.CARRIAGE DELIVERY RISK AND TITLE
(a) Unless otherwise specified the price(s) given exclude delivery to any point within the United Kingdom or the rest of the world.
(b) The risk of loss and/or damage to goods supplied by the Company shall pass to the Customer when they are delivered to the Customer or other person to whom the Company has been authorised by the customer to deliver the goods whether expressly or by implication by the carrier at the destination specified by the customer or otherwise and the company shall not be liable for the safety of the goods thereafter (and accordingly the customer should insure the goods thereafter against such risks as may be commercially prudent).
(c) Any damage to goods or the container that the goods are contained within in transit should be notified to carrier immediately and the company within 24 hours of receipt, packing and contents to be held for inspection. If the goods are not received by the customer within four days of the date of the invoice, the carrier and the company should at once be informed.
(d) Notwithstanding the provisions of paragraph (b) above, the ownership of the goods shall remain with the company, (which reserves the right to dispose of them) until payment in full for all goods and materials under this contract and all previous contracts between the Customer and the Company has been received by it in accordance with the relevant terms.
(1) If payment is overdue in whole or in part or,
(2) Immediately upon the commencement of any act or proceeding in which the customers solvency is involved or,
(3) Should any cheque fail to clear the Company's bank when presented, the Company may (without prejudice to any of its other rights) recover or sell the goods or any of them and may enter upon the customers premises by its servants or agents for that purpose. If the goods are incorporated in or used as materials for other goods before such payment, the ownership in the whole of such other goods shall be and remain with the company until such payment has been made or the Company's rights hereunder in the matter shall extend to those other goods.
SALES TO THE UNITED KINGDOM
(a) ACCOUNT HOLDERS ONLY Unless otherwise quoted, terms are strictly 7 Days From Invoice Date. Should any payment for goods not be made as and when due, the company shall be entitled (without prejudice to any other right or remedy) either to suspend all further deliveries until such payments are made or to cancel any balance of the order.
(b) If terms of payment are not complied with the Company shall have the right to charge interest at 5% per month or £25 per month, whichever is the greater. If the buyer shall fail to pay any amount when it is due under this or any other contract with the company, then the Company shall have the right to treat the purchase price that is unpaid on all goods invoiced or dispatched by the Company as having become forthwith due and payable and in substitution for the provision contained sub-clause (a) of this condition.
(c) If no account is held with the Company all invoices shall be payable on completion and may require a deposit before acceptance of order.
(d) The company reserves the right to add all legal fees to the balance of the invoice and to withhold all warranties whether expresses or implied until payment of the invoice is received in full.
(e) The continuance in the use of software supplied by the company against an invoice, which is overdue in any way, shall deem that the software is being used illegally. This will be reported to the relevant author.
SALES TO THE REST OF THE WORLD
(a) If no account is held with the Company all invoices shall be payable on completion but prior to dispatch and may require a deposit before acceptance of order.
(b) The company reserves the right to add all legal fees to the balance of the invoice and to withhold all warranties whether expresses or implied until payment of the invoice is received in full.
(c) The continuance in the use of software supplied by the company against an invoice, which is not paid in full, shall deem that the software is being used illegally. This will be reported to the relevant author.
In the case of manufacturing defects in products or any parts thereof supplied but not manufactured by the company, the Customer shall not be entitled to receive any greater benefit hereunder than shall be received by the Company under any guarantee or warranty given to the Company by the manufacturers or suppliers thereof. All wear & tear is specifically excluded from warranty.
The company shall not be responsible for non performances in whole or in part of its obligations nor under any liability to the customer in respect thereof if such non-performance is due to acts of God, War, Insurrection, Government Regulations, Embargoes, Strikes, Labour Disputes, Illness, Flood, Fire, Tempest or any other cause beyond the control of the company.
9.TERMINATION BY GOVERNMENT
Notwithstanding the provisions of condition 8 if goods are to be used in the performance of a Government Contract or sub-contract, and the Government terminates such contract in whole or in part, the order placed on the Company in respect thereof may be cancelled in the same proportion, and the liability of the customer for termination allowance shall be determined by the then applicable regulations of the Government pertaining to termination of contracts.
10.CONSEQUENTIAL LOSS AND DAMAGE
Save as herein expressly provided the company shall not be liable for any loss or damage of whatsoever nature or to whomsoever caused arising out of the use of goods supplied by it. The customer shall indemnify the Company against all claims made against the Company by any third party in respect thereof.
If, in the Companies judgement, the customer's financial condition does not justify the terms of payment specified, the Company may cancel unfulfilled orders unless the customer shall, upon written notice, immediately pay for any goods delivered or shall pay in advance for all goods ordered but not delivered or both at the company's option.
The contract to which this contract relates shall be binding upon and insure to the benefit of the successors and assigns of the entire business and goodwill of either the Company or the Customer or of that part of the Business of either used in the performance of such contract, shall not be otherwise assignable.
These conditions and the contract to which this document relates shall in all respect be constructed and operate in accordance with English Law.
Credit will not be issued on any goods without prior authorisation. Goods will be refused without a clearly visible returns number on the box.
Whilst every endeavour has been made to ensure the accuracy of the prices quoted, no responsibility can be accepted for any errors or omissions. Prices are subject to alteration without notice.
Long Range Systems UK Ltd