Terms and conditions
LEVICK
JOINERY LIMITED TERMS AND CONDITIONS..
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Interpretation
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In these conditions "we" means Levick Joinery Ltd; "You"
means the person, firm or company purchasing the goods
from us. "Items" means those supplies forming the subject
matter of the contract between us; "These conditions"
means the terms and conditions set out below.
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In these conditions the singular shall include the plural
and vice versa, and use of gender shall be immaterial.
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Nothing in these conditions shall exclude or restrict
any statutory rights conferred upon you where you deal
as a consumer within the meaning of the Unfair Contract
Terms Act 1977.
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Applicability of Conditions
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Prices are inclusive of Value Added Tax unless otherwise
stated which is charged at the rate of ruling at the
date of the invoice.
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We will endeavour to charge those prices which are set
out in our most current price list as per the web site
but prices are subject to alteration without prior notice
and orders will be invoiced at those prices ruling at
the date of despatch of the Goods or the date of invoice
whichever is the later. Any prices stated in our quotation
will be fixed for the period stated therein, if any.
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Delivery
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Any dates, times or periods of Goods quoted by us are
estimates only and we shall not be liable for failure
to meet to meet any such estimates or for any costs,
charges or expenses incurred as a result of any delay.
You will not be entitled to refuse to accept Goods or
to cancel your contract with us merely because of such
failure.
• Claims
4.1
Notice of any claim relating to shortage of or damage
to the goods should be made to us verbally at the time
of delivery and confirmed in writing within 72 hours
of delivery.
4.2
We will consider claims only if the above conditions
are met and the claim is signed by you and accompanied
by full particulars giving your invoice number and any
copies of invoices or delivery notes.
4.3
Our liability in respect of any shortage, loss or damage
to the Goods shall be limited to the proportion of the
price attributed to those which have been undelivered,
lost or damaged.
4.4
We shall not be responsible for any incidental work
or expenses as a result of, or because of, bad handling
/ storage / incorrect fitting / installation / finishing.
4.5
In the event of a door(s) being proven as defective
(Manufacturers defect only), Seller's liability shall
not, in any circumstance exceed the cost of the door.
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Payment Terms
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Unless otherwise agreed between us in writing, payment
for Goods is due by the last day of the week prior to
delivery.
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All Goods must be paid for in full prior to delivery.
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Where we have agreed to discount the price due for Goods,
this is strictly conditional upon full payment of that
amount being made within the agreed credit period, and
in the case of late or non-payment, without prejudice
to any of our other rights, we reserve the right to
charge to you an amount equivalent to the value of the
discount, which will be immediately due.
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Payment will not be deemed to have been made until any
and all cheques, drafts and bills by which payment is
to be effected has been cleared or honoured as the case
may be.
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Retention of Title
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Whilst risk in items supplied to you by us shall pass
on delivery, legal and beneficial ownership of the Items
shall remain with us until such time as we have received
payment in full of all sums due to us by you and until
such time you must keep such Items separate from your
property and clearly identified as our property.
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Not withstanding any terms of payment which we have
agreed, payment for all Goods supplied to you shall
become due immediately if you fail to pay for the Goods
on the date due (or fail to pay any instalment in which
case the whole outstanding balance shall immediately
become due) or fail to pay any other sum due to us on
the date or if you are declared bankrupt, or compound
with your creditors, or have a receiver appointed over
any of your assets, or being a company go into voluntary
(other than for purposes of bona fide solvent amalgamation
or reconstruction), or compulsory liquidation, or enter
into a composition with your creditors or have an administrator
or an administrative receiver or receiver and manager
appointed over all or part of your assets, or if you
are otherwise declared insolvent or prohibited from
trading, and you must immediately notify us thereof
and in such circumstances:
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You must not re-sell or otherwise deal with the Items;
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You must not part with possession of any Items which
have been delivered to you; and we will have the right
without prejudice to any other remedies, to withhold
delivery of any undelivered Items, to stop any Items
in transit, and to otherwise suspend performance of
our contract with you.
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We shall have the right to enter upon premises where
the Goods are stored and repossess the same.
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If payment for any Goods is overdue, whether in whole
or in part, and any Items have been delivered to you,
we may, without prejudice to any of our other rights,
enter upon your premises to recover and/or resell the
Items or such of them as we, in our absolute discretion,
may designate as necessary to recover the amount of
payment overdue and our reasonable costs incurred in
giving to our rights hereunder, and , for these purposes,
you hereby irrevocably authorise us to enter and take
all necessary and reasonable steps upon your premises.
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If you sell and/or deliver the Goods or any part thereof
to any customer or third party, or if the Goods or any
part thereof shall be damaged, lost destroyed then in
a fiduciary capacity you shall hold that proportion
of the proceeds of sale or insurance against damage,
loss or destruction, referable to the outstanding payment
in respect of the Goods, on trust for us.
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Warranty
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We warrant that the Items are to the best of our knowledge
of satisfactory quality and that any services comprising
Goods will be provided with reasonable care, We are
not responsible for the manufacture of the Items, we
do not process them, (except in the case of purpose
made Goods).
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You must handle, store and use the Items strictly in
accordance with the recommendations for use of the manufacturers
of the Items (if any).
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Unless we specifically agree in writing as to any other
warranty or guarantee all other conditions, guarantees,
warranties or other conditions (whether express or implied
by statue common law or otherwise) are excluded from
our contract with you.
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We shall not be under any liability in contract or in
tort for any indirect or consequential loss (including
without limitation economic loss, loss of profits, loss
of use of production) arising out of or in connection
with our contract with you.
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Cancellation
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Unless we are in breach of our obligations under these
Conditions, you may cancel or suspend your contract
with us only with our prior written consent following
agreement between us as to any reimbursement which we
may require to compensate us for such cancellation. A 20% restocking charge is applicable if the order is cancelled after a deposit has been paid, delivery charges will not be refunded.
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Termination
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We shall be entitled (without prejudice to any of our
other rights) to terminate any contract between us if
you:
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Become insolvent, or
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Fail to pay any amounts falling due to us, whether under
these conditions or otherwise; or
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Commit a breach of any term of our contract with you
or any other contract which we may have with you; or
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Are declared bankrupt, or compound with your creditors
or have a receiver appointed over any of your assets,
or being a company, go into voluntary (other than for
purposes of bona fide solvent amalgamation or reconstruction)
or compulsory liquidation, or enter into a composition
with your creditors or have an administrative receiver
appointed over all or part of your assets, or if you
are otherwise declared insolvent or prohibited from
trading.
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Force Majeure
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We shall not be liable to you in respect of any matter
which results from any act of God, war or riot, extreme
weather, strikes or any events of any description which
are beyond our reasonable control.
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General and Law
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These conditions represent the entire agreement between
us and supersede all earlier warranties, representations
and statements (whether oral or in writing) and may
only be varied or amended by agreement in writing between
us.
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Our contract with you is personal to you and you will
not be entitled to assign the whole or any part of the
benefit and/or burden of our contract without prior
written consent.
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Any notices required to be given under these conditions
must be in writing and either posted first class pre-paid
to the address of the receiving part as shown on your
order or in our case on our delivery note or other documentation
as appropriate or sent by teletex or telefacsimilie
to the appropriate facility number. Any notice which
is posted will be effective 48 hours after posting and
any notice sent by telex or telefacsimile will be effective
on the commencement of next business day following transaction.
In providing postal service it will be sufficient to
show that the envelope was properly addressed and put
into the post and providing service by telex or telefacsimile
transmission it will be sufficient to show that the
correct answer back or confirmation of correct receipt
slip was received as appropriate.
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The validity construction and performance of the contract
between us will be governed by English Law and we and
you both submit to the exclusive jurisdiction of the
English courts.
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Any person who is not a party to a contract shall have
no rights under the contract (Rights of Third Parties
Act) 1999 to enforce any of its terms.
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