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Terms and Conditions of Business
General
"The Customer" shall mean the person, firm, organisation or company with
whom a contract for the purchase of goods is made by the Company. "The
Company" shall mean Leda Suspension Limited.
The terms of business contained herein cancel all previous
terms of business. These terms, which may be revised from time to time,
apply to all orders placed with the Company by the Customer for the purchase
of goods ("the Goods") and services. Orders are subject to acceptance
by the Company and shall be deemed to be made subject to these terms and
no qualification or condition contained in any order form, acknowledgement
of order or otherwise shall form part of the contract of sale or override
these terms unless expressly agreed to in writing by a director of the
Company. No other employee or agent of the company has the authority or
the ability to change these terms in any manner whatsoever.
Orders
Orders will only be accepted if made on the Company's own printed order
forms, and signed by the Customer.
Prices
All the prices for the Goods are subject to alteration. Orders received
but not despatched at the date of any alteration may be executed at the
prices and discount applicable to the order at the sole discretion of
the Company. All prices are subject to the appropriate amount of VAT.
Delivery and Risk
Time shall not be of the essence. The goods shall be solely at the Customer's
own risk from the time they leave the Company's premises.
Claims
In respect of the Goods which have been delivered it is a condition precedent
to any liability the Company may have that:
(a) notice of any claim shall be given to the Company within 3 days of
receipt of the goods by the Customer and a fully completed statement of
claim is received by the Company within 7 days of receipt of the goods
by the Customer. The date of the carriers delivery note signed by the
Customer shall be deemed to be the date of receipt of the goods by the
Customer;
(b) the Customer shall give all necessary authority and assistance to
the Company to enable it to process any claim against the carrier.
The liability of the Company shall in no case exceed the value of the
goods lost or damaged.
Goods Returned
The Company shall be under no obligation to accept the return of the Goods
from the Customer and no return of such Goods should be made without prior
written consent of the Company.
Property
Notwithstanding the delivery of any goods to the Customer:
(a) The legal and equitable title in the Goods shall not pass to the Customer
until all payments due for those Goods and all Goods previously delivered
to the Customer by the Company have been received by the Company. Until
such time the Customer shall hold the goods on trust for the Company separate
from other goods of the Customer and be clearly marked as the property
of the Company:
(b) The Customer may sell the Goods by way of bona fide sale in the ordinary
course of its business on its standard terms and conditions and by way
of sale as principle (not as agent) but may not otherwise deal with, sell,
part with possession of, consume or otherwise dispose of the Goods until
title thereto has passed to the Customer in accordance with clause 7(a)
hereof:
(c) The Customers license in clause 7(b) hereof shall forthwith terminate
automatically and without notice upon the Customer being in breach of
any of the terms hereof and/or if the customer is adjudicated bankrupt
or has a receiving order made against him/her and/or, if a company has
a receiver appointed of all or any part of its property and/or if a petition
shall be presented or a resolution is passed to wind-up the Customer or
a meeting is called to make any composition or arrangement with its creditors
and/or if any sums due to the Company from the Customer become overdue:
(d) If any of the Goods are sold to a third party before title in them
has passed to the Customer in accordance with clause 7(a) hereof that
sale will constitute a sale by the Customer of the Company's property
and accordingly the Customer will account to the Company for the proceeds
of sale received up to the total amount outstanding in respect of the
Goods and pending such accounting will hold the same on trust for the
Company
(e) In furtherance of clause 7(c) hereof the Customer gives to the Company
irrevocable authority without notice to enter the premises of the Customer
for the purpose of collecting and removing the Goods including any goods
which may have been incorporated into other goods of affixed to the realty.
If before the property in the Goods passes to the Customer any of the
Goods are incorporated into or are together with any goods manufactured
or assembled by the Customer, the Customer shall maintain records sufficient
to enable such products to be identified and quantified.
Representations and Warranties
No warranty is given, implied or expressed, that the goods conform to
any British Standard specification or as to their quality or fitness for
any particular purposes.
In purchasing the Goods the customer admits that he/she has not relied
upon the Company's skill or judgement or that of the Company's employees
or agents.
Payment
Customers not having a credit account with the Company must pay a 30%
non-refundable deposit when an order is placed. Payment of the balance
must be made in full before the Goods are collected by or delivered to
the Customer. Customers having a credit account with the Company (which
shall be granted at the discretion of the Company) must pay for the Goods
not later than 30 days from the date of the invoice for the Goods. When
payment is not made within that period the Company reserves the right
without prejudice to any other rights or remedies available and without
notice to:
(a) charge interest to the Customer at the rate of 2% a month or part
thereof on any balances:
(b) suspend or cancel any deliveries to the Customer under this and/or
any other contract and/or to terminate this and/or any other contract
with the Customer:
(c) add to the Customers account any costs incurred, on a full indemnity
basis, in recovering or attempting to recover any balances. Not withstanding
any terms hereof to the contrary the Company reserves the right at any
time to demand immediate payment of any account whether due or not.
Applicable Law
All contracts for the sale of goods including these Terms and Conditions
of Business shall be governed by and construed according to English law.
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