Terms of service

CONDITIONS OF SALE

1 GENERAL
Lamberts Tool and Welding Supplies Limited trading as toolweld.co.uk (The Company) conducts business specifically upon and subject to the terms and conditions contained herein. Reference to ‘goods’ shall mean reference to all goods and services provided by the Company. Every Order is subject to these conditions. Variations in these conditions will only be binding if agreed in writing with an authorised signatory of the Company and will apply only to a particular order, except where agreed otherwise. We accept no liability whatsoever for any variations not properly authorised in this manner. In any event of inconsistency, our conditions of sale will always prevail.

2 VALIDITY
Unless otherwise stated, specific quotations, tenders or proformas are open for acceptance 30 days from their date and in any case are subject to confirmation by us at the time of acceptance of Order.

3 PRICES
i) Prices quoted are ex-works and exclusive of VAT unless otherwise stated in writing by us.
ii) Packaging and delivery will be charged as an extra cost.
iii) Any special payment terms must be authorised by the Company in writing.
iv) Payment of goods supplied to open account customers must be paid within 30 days from the date of invoice, failing which we reserve the right to charge interest at the rate of 8% per month on all invoices.

4 ESCALATION
The prices quoted are based on cost of material, transport, insurances, statutory obligations and conditions ruling at the date of quotation and if inbetween that date and the date of Order a variation shall occur in these costs, we reserve the right to re-quote or amend our price list to take into account these variations at any time up to he time of delivery.

5 QUALITY AND PERFORMANCE
We hereby warrant that the goods have been inspected and tested to ensure that they are capable of performing the duties listed in our technical data and shall be within the tolerances stipulated for goods of that specification. Any special testing required, unless otherwise agreed, will be charged at an extra cost.

6 PLACE OF DELIVERY
Unless otherwise expressly agreed by us in writing, delivery is ex-works. The goods thereon shall be at the risk of the customer.

7 OWNERSHIP
Ownership of any goods delivered shall remain the property of ourselves irrespective of where the goods may be situated until payment has been received in full.

8 TIME OF DESPATCH
Any time quoted for delivery commences from the date of receipt of a written Order or payments if applicable. Any such time is to be treated as an estimate only, not involving any contractual obligation. We shall not be liable in any way for any direct or indirect loss, damage or expense (including loss of profits and liability to third parties) which may be suffered by the customer as a consequence of late despatch or delivery from whatever cause the same may arise, including but not limited to our negligence or that of our servants or agents.

9 ACCEPTANCE OF GOODS
You shall be deemed to have accepted the goods to be delivered as being in accordance with your Order, unless within 48 hours of receipt of the goods you shall notify us in writing of the alleged defect or variation.

10 DAMAGE IN TRANSIT
We shall in no circumstance be liable for any damages from whatever cause, which may happen to goods in transit.

11 CANCELLATION
Cancellation of an Order cannot be accepted or goods returned for credit unless previously agreed by us in writing. Where such cancellation or credit is agreed, we reserve the right to charge the amount of any losses or expenses incurred or material used and any reasonable allowance or overhead charges, storage charges and loss of profits, as a re-stocking charge.

12 SET-OFF AND COUNTERCLAIM
The customer shall not be entitled to withhold payment of any sums after they become due by reason of any right of set-off or counterclaim which the customer may have or allege to have or for any other reason whatsoever.

13 DEFAULT BY THE PURCHASER
In the event that the customer fails to make payment for goods supplied on the due date or otherwise commits a breach of these conditions, we may in our absolute discretion and without prejudice to any other rights, which we may have:
i) Suspend all future deliveries to the customer under the Contract in question or under any other Contract and/ or terminate any such Contract(s) without liability upon our part.
ii) Require payment in advance for any future deliveries.
iii) Require payment of interest on the amount due at 8% per month from date when payment for the goods in question became due to the date of actual payment.
We shall have the same additional rights to those referred to above in this condition if in the event that any distress or execution shall be levied upon any of the customer’s goods or if the customer offers to make any arrangement with his creditors or commits an act of bankruptcy or if any petition in bankruptcy be presented against the customer or if being a limited company any resolution or petition to wind up the company (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver or Manager shall be appointed over the whole or any part of the customer’s business.

14 CONSEQUENTIAL DAMAGES
We will not accept any consequential damages due to late deliveries, machine breakdown, or any other factor whether outside or within our control.

15 INSTRUCTIONS FOR USE
The customer hereby undertakes to comply with such instructions as may be issued by us from time to time concerning any safety precautions or other measures required to be taken in order to ensure that goods supplied do not cause damage or injury to any person or their property. In the event that such goods are resold by the customer, he will bring to the notice of the sub-purchaser any such instructions.

16 COMMISSIONING
Unless otherwise stated, the quotation price does not include commissioning, however, where our quotation does include commissioning on your premises or a third party premises, you shall indemnify us against liability for the breach of any duty imposed (whether by statute, regulation, order, by-law or common law) upon the occupier of the premises or upon the employer of persons employed on the premises or upon persons employed on the premises.

17 WARRANTY
We will repair or replace defective goods without charge if within the specified warranty period relating to that product (unless otherwise stated) from the date of delivery we are notified of a defect, provided that:
i) We shall be under no liability to replace or repair goods supplied if the customer has attempted to perform repairs on such goods, normal maintenance expected, which could have caused damage thereto or defects therein.
ii) The goods are to be returned to our Works, carriage paid.
On receipt of goods at our Works, the equipment will be inspected and you will be advised as to whether or not the repair is covered by guarantee or warranty, before any work is carried out.
Where goods have been supplied in accordance with the customer’s design we shall be under no liability to replace or repair defects arising from a faulty design.
We cannot be held liable for any loss of profits as a result of defect goods. For the avoidance of doubt, we shall be under no liability whatsoever for consequential loss including without prejudice to the generality of the foregoing loss of profits, damage to property, or liability of the customer of his own customers.
Our liability in tort and in Contract and in respect of direct and consequential damages howsoever arising, shall, in respect of any defect or failure in any goods supplied by us, be wholly limited to the foregoing terms.

18 ILLUSTRATIONS, SPECIFICATIONS, DRAWINGS AND COPYRIGHT
Photographs and other illustrations or advertising matter represent generally the goods offered but are in no way binding in detail. All weights, measurements and powers given in estimates are stated as correctly as possible, but any slight deviation shall not be taken to vitiate the Contract or form grounds for any claim against us.
The customer acknowledges that drawings and other documents and information furnished by us are disclosed in confidence and will not, without prior written consent, furnish copies of such drawings or documents of details of the information contained in such drawings or documents to any third party.
The copyright in drawings and information furnished to the customer by us is and shall remain our property and the customer shall not, without prior written consent and, where appropriate, that of the copyright owner, after such drawings or information in any way, make further copies of such drawings or information or use such drawings or information for any purpose other than that for which they were provided.
The property in drawings and documents furnished by us to the customer belongs to us or as the case may be, our supplier, and such drawings shall be returned to us forthwith upon our request.
The company reserves the right to make modifications, improvements or alterations to goods described in any catalogue, data sheet or technical specification without prior notice to the customer.

19 INDEMNITY
You shall ensure that any purpose made production of goods to your Order or design shall not involve us in the infringement of any patent, registered design or trademark and will indemnify us against all claims and expenses arising from or incurred by reason of any such infringement or alleged infringement.

20 FORCE MAJEURE
All Orders and Contracts are only accepted by us subject to the right to cancel or delay completion of the work or delivery of the goods at our option in case of war, force majeure, restraints of Government Officials, strikes, lock-outs, accident to machinery, plant and/or any other unforeseen circumstances of any kind beyond our control, asceting or interfering with work or production, shipment, transit or delivery of any goods sold. In any or such events we shall be relieved from all liabilities in connection with such Orders and/or Contract unless we otherwise agree in writing upon normal conditions again prevailing and in no case should be bound to procure the completion of work by from any other source. In the event of cancellation, we shall be entitled to payment for all goods, materials and work in progress acquired in pursuance of the Contract and for work done to the date of such cancellation.