- Levant Office Interiors, hereinafter referred to as LOI, put forward all quotations and accept all orders subject only to the terms and conditions which follow and to the exclusion of any other guarantees, conditions and warranties (including any as to quality and fitness for any particular purpose) whether express or implied by statute or common law or otherwise. In the event of a purchasers order containing conditions such conditions are only binding insofar as they are not inconsistent with LOI's terms and conditions.
- No additions to or variations from LOI's acknowledged price or terms and conditions shall have any effect unless such variation or addition is expressly accepted by LOI in writing.
- Catalogues, price lists and other advertising matter shall not form part of any contract between LOI and the purchaser.
- No claims for loss or damage to goods, materials and purchasers property, claims for bad workmanship (save as set out below) or claims for goods invoiced but not received, will be considered unless LOI is advised in writing within three days from the date of final invoice. In the event that a purchaser fails to give appropriate notice and does not notify LOI in writing within the specified three day period, the purchasers claim will deem to have been waived and will be absolutely barred.
Orders placed upon a quotation which has not been previously withdrawn are subject to confirmation that LOI accepts the same. Unless otherwise stated all prices quoted are deemed to be exclusive of VAT. LOI reserves without liability, the right to at any time, reduce or withdraw discount terms and/or credit account facilities without notice, reference or explanation to the buyer.
LOI shall endeavour to maintain prices quoted and/or detailed on their order acknowledgement, but must reserve the right to increase quoted prices according to any increases in costs which take effect between acceptance and delivery/completion of the order or that part of the order remaining undelivered/incomplete at the time of such increase. In the event that the quoted price includes elements of work in relation to which LOI has been unable, for whatever reason, to carry out on a site survey, or in the event that LOI is required to carry out additional work not detailed in the original quotation, LOI reserves the right to amend the quoted price accordingly.
Terms Of Payment
Payment shall be made to us at the time and in the manner stated in our quotation or if no such time and manner are stated then within 28 days of the date of our invoice. In all cases the prices we quote are strictly net. In the event of non-payment within these terms, we reserve the right to charge 2.5% per calendar month on all outstanding accounts. All discounts offered are subject to payment within our terms. LOI reserve the right to re-invoice for the full pre-discounted amount in the event of late or non-payment. The buyer shall not be entitled to withhold payment as a result of any claim it may have against LOI.
LOI will use its best endeavours to deliver/complete promptly but LOI shall be under no liability whatsoever for delay in estimated delivery/completion times or failure to deliver/complete from any cause, nor for any loss or damage arising there from. LOI reserves the right to make partial delivery or deliveries by instalments and to invoice for such deliveries as are made. In no event will LOI be liable for any action of the purchaser's employees assisting in delivery. The purchaser will indemnify LOI against all claims, proceedings, demands and costs arising there from.
Ownership Of Goods
- The title and property in all goods and materials supplied by LOI does not pass until payment in full (for all goods whatsoever supplied) has been received there for by LOI; and risk in respect of such goods passes to the purchaser from the moment of delivery to the purchasers nominated location.
- Until title in goods passes, the purchaser shall hold the goods as bailee for LOI. These goods must be stored separately from all other goods, and be clearly marked as being the property of LOI.
- If payment of account is overdue (time being of the essence) or the purchaser becomes insolvent, commences winding up procedures, commits an act of bankruptcy or has a receiver or administrator appointed, LOI may immediately reclaim the goods, if necessary by entering the premises owned or occupied by the purchaser.
Orders cannot be cancelled except with LOIs consent and on terms which will indemnify LOI against all loss. If a purchaser extends or delays a contract or part thereof or fails to accept delivery of any goods at the time agreed, or when notified that the goods are available to be delivered, then the purchaser will be liable for any and all losses incurred by LOI, including disruption, loss of profit, storage costs, additional transport and handling costs resulting from the purchasers actions. If a purchaser delays delivery of any goods by in excess of fourteen days from the date agreed, or when notified that the goods are available to be delivered, the goods will be invoiced, and payment in full expected 28 days thereafter. For the avoidance of doubt, once delivered goods cannot be cancelled.
If LOI is unable to perform any part of the contract for a reason of force majeure or any other reason outside their reasonable control, LOI shall be entitled to charge the purchaser for any additional time, cost or expense incurred as a result thereof and where LOI is unable to perform any part of the contract for any such reason for a period of more than one week, LOI shall be entitled to postpone its performance of the contract until such time as it is reasonably able to recommence the contract.
In the event that the purchaser fails to observe or perform any of their obligations under the terms of the contract, LOI reserves the right to terminate the contract immediately by Service of written notice of termination to the purchaser.
Failure by LOI to enforce any of the contract terms cannot be construed as a waiver of any of its rights under this contract. No waiver by LOI or any breach of the contract by the buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these conditions is held by any competent authority to be be invalid or unenforceable in whole or part, the validity of the other provisions of these conditions and the remainder ot the provision in question shall not be affected thereby.
All LOI's quotations shall be put forward and made in England and shall in all respects be construed and operate under English Law.
Terms and Conditions of Sale, revised February 2005.