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1.1 In these conditions:
“Buyer” means: the person whose order for the provision of goods is
received by the seller.
“Goods” means: the goods, which the seller is to provide in
accordance with these Conditions.
“Seller” means: Lamba Plc of Unit 1, Southfields Road, Dunstable,
Bedfordshire. LU6 3EJ.
“Conditions” means: the standard terms and conditions set out in
this document and includes any special terms and conditions agreed
in Writing between the Buyer and the Seller.
“Contract” means: the contract for the provision of Goods by the
Seller to the Buyer in accordance with these Conditions.
“Writing” means: letter, telex, cable, facsimile transmission and
any comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute
shall be constructed as a reference to that provision as amended,
re-enacted or extended at the relevant time.
All quotations are made and orders accepted by Lamba Plc (the
Company) subject to the following conditions notwithstanding
anything, which may be stated to the contrary on customers order
forms.
Products supplied are guaranteed against manufacturers defects for a
period of one year, except for KAM amplifiers and KAM speakers,
which have a 3-year guarantee. No responsibility will be attached to
the company for negligence or misuse by retailer or consumers
acquiring products.
A carriage fee will be charged on your account for all orders under
£100 a sliding scale often operates for other items. Details on
request.
1.1 30 days from date of invoice. The company reserves the right to
withdraw credit facilities should the Buyer fail to pay within 45
days of invoice date on two separate occasions within a twelve-month
period and any future business will be conducted on a Pro-Forma
basis only. (I.e. cleared funds before delivery). A settlement
discount may be allowed but only if payment is within the agreed *21
days settlement period and all previous invoices are cleared.
*(Any exceptions must be agreed in writing)
1.2 If the Buyer fails to make payment on the due date then,
without prejudice to any other right or remedy available to the
Seller, the Seller shall be entitled to charge the Buyer interest
(both before and after judgement) on the amount unpaid, at the rate
of 5% per annum above Lloyds Bank Plc base rate. Until payment in
full is made (a part of a month being treated as a full month for
the purpose of calculating interest).
1.3 All costs incurred by the Seller in recovering the debt of the
said Buyer will be added to the Buyers account and will also be
subject to condition 1.2.
1.1 It is the Company’s policy to keep prices low, prices are
however subject to alteration without prior notice. All goods are
invoiced at the prices ruling on date of dispatch.
1.2 In the case of goods to be delivered elsewhere than in the
United Kingdom the Seller will deliver in accordance with the Buyers
instructions in Writing and at the Buyers expense. The Buyer will
pay all charges including but not limited to cost of insurance of
the goods in transit, shipping, storage, freight and handling
charges, local taxes, custom duties and insurance unless otherwise
agreed in writing. The Buyer’s orders shall be deemed to include an
irrevocable authority for the seller to enter any such contract of
insurance of or carriage as may be necessary and the Buyer will
forthwith reimburse the Seller in respect of any and all expenses
thereby incurred. The Seller reserves the right to request such
delivery costs in advance of any delivery.
Claims for damages, shortages and non-deliveries can only be
accepted if the claims company is notified immediately on receipt of
goods and the delivery docket amended before signing.
Faulty goods will not be accepted unless accompanied by our returns
note stating when purchased and a precise description of fault is
given. “Faulty” and “Not Working” will not be acceptable.
Parts
Parts for all warranty equipment (12 months from date of sale) will
be supplied free of charge except where it is clear that the user is
at fault. All parts for out of warranty equipment will be charged at
the price prevailing at date of despatch and be subject to a
delivery charge.
Returns i.e. goods sent in error/items not ordered will not be
accepted unless accompanied by our returns note stating invoice
number, date purchased and reason for return. All returns are to be
sent back to us within 30 days of date of delivery and all parcels
must carry an RMA number (see returns procedure. Copy on request).
Goods will be deemed accepted if not returned within such 30-day
period and will not be accepted after this date. A re-stocking
charge of 15% will be made for goods returned for credit, which were
correctly supplied.
Credit notes will not be issued unless it is impossible to repair or
replace an item.
Any business undertaken by the company prior to Bank and Trade
References being sought will be conducted on a Pro-Forma basis only
(i.e. cleared funds).
1.1 Risk of damage to or loss of the goods shall pass to the Buyer:
1.2 In the case of the goods to be collected at the Sellers
premises, at the time when the Seller notifies the Buyer in writing
that the goods are available for collection; or
1.3 In the case of goods to be delivered otherwise than at the
Sellers premises, at the time of delivery or, if the Buyer
wrongfully fails to take delivery of the goods, the time when the
Seller has tendered delivery of the goods.
2.1 Notwithstanding delivery and the passing of risk in the goods,
or any other provision of these conditions, the property in the
goods whether legal or equitable shall not pass to the Buyer
until the Seller has received in cash or cleared funds payment in
full (including any interest or other charges payable pursuant to
these conditions) for the goods and all other goods provided by the
Seller to the Buyer for which payment in then due.
3.1 Until such time as the property in the goods passes to the
Buyer:
3.2 The Seller shall be entitled to give notice in writing to the
Buyer at any time to require the Buyer to deliver up the seller and,
if the Buyer fails to do so forthwith, to enter upon any premises of
the Buyer or any third party where the goods are stored and
repossess the goods.
3.3 The Buyer will store the goods on its own premises or elsewhere
separately from its own goods of any other person and in such a
manner so as to make the goods readily identifiable as being
supplied by the Seller.
4.1 The Buyer is licensed by the Seller to sell the goods subject to
the express condition that such an agreement to sell shall take
place as agents, save that the Buyer shall not hold itself out as
such, and bailee for the Seller, whether the Buyer sells on his own
account or not and that the entire proceeds of sale are held in
trust for the Seller and are mingled with other moneys or paid into
an overdrawn bank account and shall be at all times identifiable as
the Seller’s moneys. If the Buyer has not received the proceeds of
any such sale the Buyer shall within 48 hours of a request by the
Seller in writing assign to the Seller all rights to recover such
proceeds against the person whom the Buyer supplied.
Headings contained in these conditions are for reference purposes
only and shall not be deemed to be any indications of the meaning of
the clauses to which they relate.
The laws of England shall govern the Contract and the Buyer agrees
to submit to the English Courts.
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