Definitions
In these conditions ‘The Firm’ shall mean LEE LEWIS ELECTRICAL LIMITED. ‘The purchaser’ shall mean the Person, Firm or Company to whom any quotation is addressed or with whom any contract is made and ‘the Goods’ shall mean the Goods and/or services agreed to be sold by the Firm to the Purchaser.
a. All quotations are given and all orders are accepted on these terms which shall apply to the exclusion of and shall override any other terms stipulated or referred to by the Purchaser whether in its order or any other document or in any negotiations or communication established between the Firm and the Purchaser.
b. No modification or amendment of these terms shall be effective unless made in writing and signed by a Director of the Firm.
a. Save where the goods are tated to be sold as complying with a recognised trade or industry standard, all descriptions, specifications, drawings and other particulars submitted by the Firm or otherwise contained in the Firm’s literature are approximate only and the Firm shall not be liable for their accuracy unless they are expressly incorporated into the Contract in writing.
b. These terms represent the entire agreement between the Firm and the Purchaser relating to the Goods and such terms supersede and the Purchaser shall not place any reliance upon any statement, recommendation and advice whether oral or in writing given by the Firm, its servants or agents as to any matter relating to the Goods save where such statement, recommendation or advice is given in writing and signed by a partner of the Firm in response to any written request before or at the time of the Firm’s acceptance of the order.
Prices quoted by the Firm are those in effect at the date of quotation. Unless otherwise agreed in writing the Firm reserves the right to increase prices when it accepts the Purchaser’s order so as to reflect one or more of the following:
a. Any variation that may have occurred in the costs of labour, materials, supplier’s overheads and transport.
b. Any change in duty, tax, surcharge or levy of any kind whatsoever effecting the sale price of the Goods.
c. Any cost to the Firm resulting from delay by the Purchaser in giving to the Firm information sufficient to enable it to supply the goods or provide the services or resulting from any alteration made at the request of the Purchaser in the specification of the Goods or in the place to which they are to be delivered.
d. Any extra cost to the Firm resulting from the Goods being carried at the request of the Purchaser by modes of transport more expensive than the Firm’s normal forms of transport.
a. Unless otherwise agreed in writing, the price for the Goods will be due and payable on the fourtenth day following date of invoice.
b. If the Purchaser defaults in punctual payment of the invoice the Firm shall be entitled to terminate the Contract and to recover the Goods at the Purchaser’s expense without prejudice to any further rights which the Firm may have.
c. Any default in payment of an invoice or an instalment payable on an invoice on the due date shall render the entire balance outstanding on all invoices from the Firm to the Purchaser immediately payable in full.
d. If the Purchaser is unable to accept delivery of the Goods at the time when the Goods are due and ready for delivery or shall otherwise cause or request delay the Purchaser shall pay to the Firm all costs and expenses including storage and insurance charges incurred or arising from such delay during which the Goods will be stored at the Purchaser’s sole risk. This provision shall be in addition to and not in substitution for any other payment or damages for which the Purchaser may be liable in respect of his failure to take delivery at the appropriate time.
e. The Purchaser shall not be entitled to make any deduction from the price of the Goods in respect of any set-off or counter claim unless both the validity and the amount thereof have been expressly admitted in writing by the Firm and such admission is signed by a Director of the Firm.
f. In the absence of any specific appropriation by the Purchaser the Firm shall have the right to appropriate any payment made by the purchaser towards the satisfaction of any invoice outstanding as the Firm shall at its absolute discretion think fit.
Title to the goods will remain with the Firm until it has received payment in full of the total invoice price of those goods, together with any related charges and any other amounts due from the Purchaser.
Until such time as title in the goods passes to the Purchaser such goods shall be held by the Purchaser as bailee. If payment is overdue the Firm may, without prejudice to any of its other rights, recover or resell any goods which the Purchaser holds as bailee and enter upon the Purchaser’s premises for that purpose and any costs incurred as a result of exercising these rights shall be recoverable from the Purchaser.
The Firm reserves the right to deliver goods in separate consignments which may in turn be invoiced separately.
Any time or date stated for delivery is given and intended as an estimate only and the Firm shall not be liable for any loss or damage whatsoever resulting from any delay in delivery however arising.
Consignments collected from the Firm’s premises or delivered by the Firm to the Purchaser shall be at the Purchaser’s risk immediately on receipt.
Goods are sold, supplied or installed on condition that they shall be used strictly for the purposes and in accordance with the instructions (if any) specified by the manufacturer.
The Firm shall have the right to terminate this Contract if any of the following events occur and subject to enforcement of the Firm’s rights to recover the Goods and to receive the payment of the price or damages.
a. The Purchaser commits any breach of its obligations to the Firm.
b. Any distress or execution is levied upon any property of the Purchaser
c. The Purchaser makes or offers to make any arrangement with creditors or commits any act of bankruptcy or insolvency.
d. Any resolution is passed or petition presented to wind up the Purchaser or a Receiver or Administrator is appointed or any chargee takes possession of all or any part of the undertaking or assets of the Purchaser.
e. The Purchaser stops payment or ceases or threatens to cease to carry on its business or to pay its debts as and when they fall due.
f. Any remittance for payment of the whole or part of the purchase price of the Goods is dishonoured by the Purchaser’s bankers.
The Purchaser shall not assign or transfer or purport to assign or transfer any Contract to which these terms apply to any other person or entity without the Firm’s prior written consent. The Firm reserves the right to sub contract the performance of the Contract or any part of it.
In the event of war, invasion, act of foreign enemy, hostility, civil war, rebellion, revolution, insurrection or military or usurped power, the Firm shall be relieved of liabilities incurred under its Terms of Business wherever and to the extent which fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or by any statute, rules, regulations, orders or requisitions issued by any government department, council or any other duly constituted authority or from strikes, lockouts, breakdown of plant or any other causes beyond its control.
If any of the provisions of these Terms of Business shall be found to be unreasonable, invalid or unlawful under any enactment or rule of law pertaining thereto, the Court or other competent tribunal shall have the power to strike out or override that part, whether it be an entire provision of some part of parts thereof, and enforce these Terms of Business as if the unreasonable, invalid or unlawful part or parts had not been included.
Each provision is a separate and independent provision and the invalidity or unenforceability of any such provision or part thereof shall not prejudice or affect the validity and enforceability of any other provision or part thereof which would not otherwise be invalid or unenforceable.
These terms of Business and all contracts to which such terms apply shall be governed by and construed in accordance with English law and shall be subject to the sole jurisdiction of the English Courts.