TERMS AND CONDITIONS
1. INTERPRETATION
the Buyer: the person(s), firm or company who purchases the Goods from the Company; the Company: Lifting Products Ltd;
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions;
Goods: any Goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
2. GENERAL
Unless otherwise agreed in writing by the Company these conditions which supersede any earlier sets of conditions appearing in the Company’s quotations or elsewhere shall override any terms or conditions stipulated, incorporated or referred to by the Buyer whether in an order or in any negotiations even if contained in a document which purports to provide that rival terms shall prevail.
3. ORDER
Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these conditions.
No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
Acceptances shall be for Goods as quoted by the Company. Drawings, dimensions indications of performance and weights submitted must be taken as approximate only and do not form part of the contract. All extras ordered but not specified in the quotations will be charged for as well as the costs of all tests, alterations, additions or any other work undertaken at the Buyers request. All offers are made subject to acceptance within seven days of the date of our quotation and to availability on receipt of an order.
4. CONDITIONS & WARRANTIES
While every care is exercised in offering advice in relation to suitable Goods and giving particulars of the capacity and the performance of such Goods no conditions or warranties (which but for this clause, might be deemed to be implied by statute or otherwise, or which may have been expressed) shall apply in respect of any such advice as to the fitness of any such Goods for any purpose, or as to the compliance of such Goods with any description, or as to quality
5. PRICE
Unless otherwise agreed by the Company in writing the price for the Goods shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery.
The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance all of which amounts will be specified in the order which the Buyer will pay in addition when it is due to pay for the Goods.
6. CANCELLATION
Subsequent cancellation of your order or part thereof, will not be accepted by us except by mutual arrangement.
7. QUALITY
Where the Company is not the manufacturer of the Goods,the Company will endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
The Company warrants that (subject to the other provisions of these conditions) upon delivery, and for a period of 6 months from the date of delivery, the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979 (“the Warranty”);
The Company shall not be liable for a breach of the Warranty unless the Buyer gives written notice of the defect to the Company,and (if the defect is as a result of damage in transit) to the carrier within the following times;
GOODS BY RAIL: Within three days of receipt of Goods , or in the case of non delivery, twenty one days from the date of dispatch as notified by us.
GOODS BY ROAD TRANSPORT: Immediately on receipt of Goods , or in the case on non delivery, within seven days from date of dispatch as notified by us; and
the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Buyer’s cost for the examination to take place there.
The Company shall not be liable for a breach of the Warranty if the operation of the equipment has been used in excess of its rated capacity or under conditions detrimental to its successful operation or likely to cause excessive wear and tear, or by reason of any neglect or misuse of the Goods or any part of them.
Subject to the paragraph above if any of the Goods do not conform with the warranty the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate.
The Company shall have no further liability for a breach of the Warranty in respect of such Goods. Any Goods replaced will belong to the Company and any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the 6 month period.
8. LIMITATION OF LIABILITY
The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
- any breach of these conditions;
- any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
- any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law (save for the
conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the contract price; and
the Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
Nothing in these conditions excludes or limits the liability of the Company:
- for death or personal injury caused by the Company’s negligence;
- under section 2(3) Consumer Protection Act 1987;
- for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
for fraud or fraudulent misrepresentation
9. DESCRIPTION
All preliminary specifications, drawings, particulars of weights and dimensions shall be deemed approximate only, and any description and illustrations in our Catalogues, lists or other advertising matter shall not form part of the Contract.
10. INSTALLATION
Any prices for installation given in the order form are based on normal working hours and assume clear site and access to thereto, the Buyer is solely responsible for the custody and safety of the Goods and the Company’s equipment .
11. INSPECTION AND TESTS
If assembly/installation is agreed Certificates of Test will be given. Tests of materials before and during manufacture are not included unless specifically stated otherwise. The giving of any such Certificate shall in no way affect the Company’s liability for defects as laid down in condition 8 above. The Buyer can by arrangement inspect and test equipment but failing such inspection before dispatch he shall be deemed to accept the machinery as complying with the order. The Company shall not be liable in respect of any claim made after despatch or for damages sustained during transit (except as under our guarantee). Shipping specification and weights are approximately only.
12. SPECIFICATIONS
Where Goods are supplied in accordance with the Buyer’s specification and for drawings the Company shall be under no liability whatsoever if such Goods are not fit for any special purpose whether the same be made known to the Company or not.
13. TERMS
Payment will be made within 30 days of invoice date unless otherwise stated.
Payment of the price for the Goods is due in pounds sterling.Time for payment shall be of the essence.
No payment shall be deemed to have been received until the Company has received cleared funds.All payments payable to the Company under the Contract shall become due immediately upon termination of this Contract despite any other provision.
The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
14. DELIVERY
Delivery times where given will date from the receipt by the Company of the order but will be approximate only, and the Company does not accept liability for delay from any cause whatsoever. Goods sold “EX WORKS” will be dispatched according to Buyer’s instructions but will be at their risk and cost from time of loading. Goods sold “DELIVERED” will be dispatched by any means of transport at the Company’s option unless otherwise agreed in writing and all unloading and demurrage charges will be for Buyer’s account. It is an implied condition where the Company undertakes to sell Goods delivered to Buyer’s premises or site that adequate facilities exist for so doing by Road and/or Rail. All packing will be charged for when not specifically included in quoted prices, but cases charged will be credited in full if returned (as directed by us) in good condition, carriage paid within fourteen days. Export cases are not returnable. Goods sold on approval must be returned carriage paid within 2 weeks of delivery.
15. DETERMINATION
If the Buyer shall make default in or commit a breach of the contract or of any other of his obligations to the Company or if any distress or execution shall be levied upon the Buyer ’s property or assets or if the Buyer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or if the Buyer is a Limited company and any other resolution or petition to wind up such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver of such company’s undertaking property or assets or any part thereof shall be appointed the Company shall have the right forthwith to determine any contract then subsisting and upon written notice of such determination being posted to the Buyer ’s last known address any subsisting contract shall be deemed to have been determined without prejudice to any claim or right the seller may otherwise make or exercise.
16. RIGHTS INFRINGEMENT
The Buyer shall indemnify the Company against all damages, penalties, costs and expenses to which the Company may become liable as a result of work done in accordance with the Buyer ’s specification which involves the infringement of any third party intellectual property rights (including, but not limited to trademarks, copyright, design rights or patents).
17. SUB-CONTRACTING
The Company reserves the right to sub-contract the fulfillment of the order or any part thereof.
18. RISK
The risk in the Goods shall pass to the Buyer on delivery. It is the condition of the contract that the property in all the Goods to be delivered by the Company to the Buyer shall remain vested in the Company until payment due under all contracts between the Company and the Buyer has been made in full.
19. EVENTS BEYOND THE COMPANY’S CONTROL
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
20. LAW OF CONTRACT
This contract shall be construed according to and governed by English Law.
21. RETURNS
When returning products please note the following:
Made to order goods are subject to up to 50% cancellation fee, if products have been fully manufactured and are beyond cancellation we reserve the right to charge 100% of the cost and will continue to complete delivery of the order.
Any goods purchased must be returned within 28 days of purchase.
No products are to be returned to our office. Please ask us for the returns address.
All returns must be confirmed by us prior to you returning them.
A Returns Authorization Code must be obtained from us before returning your item(s) Please contact us for this.
Products being returned or cancelled are subject to a minimum of 15% handling fee of the original price of goods (excluding shipping) and a maximum of 50% Unless made to order (see above conditions relating to made to order goods). All shipping costs are to be covered by the customer unless in the event of faulty goods. If returning a product for an alternative with a different price we will either return the difference (less the handling fee) or request the difference if the new product is more expensive. We regret that we must charge all non-faulty goods returned 15-50% handling fee (dependant on product group) (made to order goods subject to above returns restocking fees), we are charged this by our suppliers also and do not make profit on these. Faulty goods can be returned for repair and if unsuccessful a replacement and if still unfit a full refund.
Custom Built goods such as chain hoists or products built to order may be subject to a return/restocking fee up to 100%. (see above custom made returns)
Spare parts are subject to 50% return/restocking fee.
Regrettably we are not able to exchange or return any made to order lifting slings if incorrectly ordered by the customer, if we supply the incorrect slings we are always happy to replace them.
We regret that we are unable to accept returned goods in a ‘used’ condition, additionally none of the goods to be returned should have been removed from their original packaging, they must be in their delivered state, unused and unmarked.
When returning goods that we believe have been ‘used’ it is the decision of management to assess the condition of the goods and consult the manufacturers in order to achieve a decision, further details of this process can be requested by contacting our team.
Tax
By law we have to charge all customers in the UK 20% VAT on all items including shipping.
If you are in the EU to become VAT exempt you must provide a valid European VAT number.
All exports outside the EU are VAT exempt.
Card Security
We use a 100% safe and secure virtual terminal supported by Lloyds Bank. Rest assured you are safe and secure when shopping with us. We process all cards using Sagepay and Lloyds Bank C
Disclaimer
We do try to ensure all of our products are described to the upmost accuracy. We try to maintain all current prices and keep them up to date. Kingsway Corporation Ltd can not be held responsible for customers placing incorrect orders. We may make changes to prices and product descriptions at any time without any given notice. We are not liable to ensure you are using your equipment safely, this is the users responsibility. We cannot be held responsible for a customer purchasing lifting equipment of the wrong desired specification of incorrect duty cycle rating. We recommend that our equipment is only used by competent persons that have been trained in the safe and suitable operation of that product, our product descriptions may not state the improper uses or implications of improper use of our goods, it is the responsibility of the user to ensure goods supplied by us are used in the correct and safe manor.