Terms & Conditions
STANDARD TERMS & CONDITIONS FOR THE SALE OF GOODS
1. Definitions & Interpretation
In these conditions, the following words shall have the following meanings:
"Buyer” means the person(s), firm or company who purchases the Goods from the Seller;
"Contract” means the contract between the Seller and the Buyer for the sale and purchase of the Goods, incorporating these Conditions;
"Goods” means any goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them); and
"Order Form” means the Seller’s standard order form for the goods.
"Seller” means Lotus Imports Ltd of 71 Castleham Road, Castleham Industrial Estate, St Leonards on Sea, East Sussex TN38 9NU
1.2 In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.3 In these Conditions, headings will not affect the construction of these Conditions.
2. Application of Terms
2.1 The Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 Each order for Goods by the Buyer from the Seller shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
3. Price and Payment
3.1 The price for the Goods shall be the price set out in the Seller’s price list published on the date of delivery.
3.2 Payment of the price for the Goods is due within 30 days of the date of invoice, or as otherwise agreed.
3.3 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to charge interest on the outstanding amount from the due date at the rate of 3% above the base rate of HSBC Bank accruing on a daily basis until payment is made.
4.1 All drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
5.1 The Seller will deliver the Goods ordered by the Buyer to the address for delivery specified in the Order.
5.2 Delivery will be made as soon as possible after the Buyer’s order is accepted.
5.3 Any dates specified by the Seller for delivery of the Goods are intended to be an estimate, and time of delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
6.1 The Goods are at the risk of the Buyer from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Buyer until the Seller has received in full (cleared funds) all sums due to it in respect of the Goods.
7.1 If the Goods delivered are damaged or defective or the delivery is of an incorrect quantity, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of the problem within 5 working dates of the delivery of the Goods.
7.2 If the Buyer notifies a problem to the Seller under Condition 7.1 the Seller’s sole and exclusive obligation will be, at the Buyer’s option:
- To make good any shortage or non-delivery; or
- To replace or repair any Goods that are damaged or defective; or
- To refund to the Buyer the amount paid by the Buyer for the Goods in whatever was the Seller chooses.
7.3 Save as precluded by law, the Seller will not be liable to the Buyer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising under or in connection with the Contract and the Seller shall have no liability to pay any money to the Buyer by way of compensation other than to refund to the Buyer the amount paid by the Buyer for the Goods under Condition 7.2 above.
7.4 Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Buyer might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit the Seller’s liability to the Buyer for any death or personal injury resulting from the Seller’s negligence.
8. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach ad shall not constitute a continuing waiver.
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these and the Contract shall be valid and enforceable.