LA Systems Terms & conditions of sale
In these conditions:
"The Company" means LA Systems Ltd.
"The Buyer" means the persons, firm or company entering the contract with the Company.
"The Conditions" means the conditions herein contained relating to the sale of the goods.
"The Contract" means the contract between the Company and the Buyer, created upon acceptance of the Buyer's order.
"The Goods" means the goods supplied hereunder in accordance with the order.
"The Order" means the order placed by the Buyer, based on the Company's quotation.
"The Quotation" means the quotation provided by the Company to the Buyer.
(a) Quotations for and acceptance of all orders are subject to these conditions and shall govern the contract to the exclusion of all other terms and conditions. The Buyer shall be deemed to have accepted these conditions on placing the order.
(b) No addition to or variation from these terms and conditions shall have effect unless the same are expressly accepted by the Company in writing under the hand of a director of the Company.
(c) The conditions represent the entire agreement and understanding of the parties and supersede any prior agreements, representations or undertakings.
3. PRIVACY STATEMENT:
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client's with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
Exclusions and Limitations The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
6. PRICE & PAYMENT
(a) The price for goods will be as provided in the quotation and confirmed to the Buyer in the Company's invoice.
(b) The price for goods as listed on e-commerce site, for sensors and accessories. Is confirmed to the Buyer in the invoice menu.
(c) The Company reserves the right to vary from the price quoted to the extent that such variation is required to cover increases in the cost of supplying the goods between quotation and delivery to the Buyer. Prices at the date of delivery shall therefore prevail.
(d) The company reserves the right to increase the price of goods at any time before delivery, to reflect any increase in the cost of goods, that is down to:
- any factor beyond our control, including Movement Restrictions, foreign exchange fluctuations, increases in taxes and duties.
- any request by you to change the delivery date(s), quantities or types of Goods ordered.
- any delay caused by any of your instructions in respect of the Goods or your failure to give us adequate or accurate information or instructions in respect of the Goods.
(a) Payment shall be made within 30 days following the month of invoice unless otherwise agreed and confirmed to the Buyer in the Company's invoice.
(b) In the event of late or part-payment, interest at the rate of 5% above the Company's bank base lending rate shall be charged on the sum outstanding on a daily basis until full payment is received.
(c) All prices quoted are exclusive of VAT, carriage, insurance, packing and all other duties, taxes or levies required to be paid under the contract.
(d) Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
8. RESPONSIBILITY OF THE CLIENT
(a) Provision of any lifting equipment as required for the purpose of offloading on site.
(b) Provision of a clean and dry store for the safe storage of the equipment prior to and during the installation.
(c) Provision of a clean continuous electricity supply at 400 V 3 Phase 50Hz
(d) Provision of a clean continuous water supply.
(e) Any taxes and custom / import duties for LA Systems supplied equipment
(a) The appointment of carriers is at the Company's sole discretion unless the Buyer indicates a specific carrier prior to quotation.
(b) All reasonable efforts will be made by the Company to fulfil delivery dates provided that reasonable notice of such date is given by the Buyer. Time is not of the essence in the contract.
(c) The Company will consider repair or replacement of goods damaged or lost in transit where delivery is made by the Company's carrier providing written notice of such damage or loss is provided within 3 days by the Buyer.
10. RISK AND PROPERTY
(a) Risk in the goods passes on delivery.
(b) Title in the goods will not pass to the Buyer until payment in full of the invoice.
(c) Where the Buyer sells goods on to a third-party title will pass immediately before the goods are delivered to such third party.
(d) Where goods are attached to, or incorporated in other goods, or altered, title will not pass by virtue of such attachment or alteration, where the goods can be detached or removed.
(e) The Buyer is required to store the goods supplied separately from any other goods in its possession until title has passed in accordance with sub-paragraphs (b) and (c) above.
(f) If the Buyer is overdue in payment for the goods or other goods supplied by the Company, the Company may recover and sell the goods. The Company shall be entitled to take possession of the goods and is hereby granted licence to enter the Buyer's premises for such purpose and may, if necessary, detach or remove the goods from other goods or equipment. This will not affect any other right the Company may have against the Buyer.
(g) Until payment for the goods and all other goods which are supplied under these conditions:
(i) the Buyer shall hold the goods upon trust for the Company.
(ii) if the goods are sold the Buyer shall hold the proceeds of sale on trust for the Company in a separate bank account specifically designated for this purpose.
(iii) the Company reserves the right to trace the proceeds of sale received into any bank or other account which the Buyer maintains.
(iv) if the goods are sold the Company may by written demand require an assignment of the Buyer's right to recover the price from any third party.
(v) if the Buyer incorporates the goods into, or uses the goods for manufacture of other goods, before payment in full of the price, the Company shall be entitled to take possession of the new goods and is hereby granted a licence to enter the Buyer's premises for the purpose of recovering the new goods. The Company shall be entitled to sell the new goods (subject to any third-party rights therein) and shall retain from the proceeds of sale the amount outstanding to the Company for the goods and pay any balance remaining to the Buyer.
11. WARRANTY AND LIABILITY
(a) Subject to the conditions set out below, the Company warrants that the goods will be free from defects in material and workmanship for a period of 12 months from the date of delivery and shall replace any goods which the Buyer proves to the satisfaction of the Company to be faulty in accordance with this condition.
(b) The warranty given in paragraph (a) is subject to the following conditions.
(i) the Company shall be under no liability in respect of any defect in the goods arising from any specification of the Buyer provided in its order or any tender.
(ii) the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions, misuse or alteration or repair of the goods without the Company's written approval.
(iii) the Company shall be under no liability under the above warranty if the total price for the goods has not been paid by the due date for payment.
(iv) the above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Buyer shall only be entitled to the benefit of any warranty or guarantee provided by the manufacturer thereof to the Company.
(v) the Customer warrants the Company that the building is of sound construction and suitable for the fixing or suspension of such equipment to be supplied by the Company. The Company shall not in any way be responsible for any failure of any supplied goods caused by the inadequate age and condition of the building structure.
(c) Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are expressly excluded to the extent permitted by law.
(d) Except in respect of death or personal injury caused by the Company's negligence (or implied under the Consumer Safety Act 1987) the Company shall not be liable to the Buyer by reason of any representation, implied warranty, condition or other term or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever arising out of the supply of goods and the Company's liability for direct loss (otherwise than for death or personal injury) shall be limited to the value of the invoice for the contract.
The Company shall levy a storage charge to the Buyer for all goods stored by the Company within 1 month of the following;
(i) the Buyer failing to collect any goods from the Company's premises following written notification of availability for collection;
(ii) the Buyer failing to take delivery of the goods or failing to make arrangements for delivery upon written notification of readiness for dispatch.
(a) The Company will not accept the return of any goods without its prior written consent or via email.
(b) Where such consent is provided goods shall be returned at the Buyers expense.
(c) Credit for goods returned will be provided by the Company at the goods resale value, less a handling fee of 20%, provided that the goods are returned in a condition suitable for resale.
(d) Returns for accessories must arrive to us within 15 days of date of delivered tracking confirmation for a refund. And must indicate Exchange or refund on the returning invoice. Stating this via email on the intended action for the goods.
(e) LA Systems is not liable for paying the cost of returnee postage & packaging. Unless we have agreed with the individual. And therefore, the payee must pay the return postage & packaging.
(e) All goods are subjected to inspection on return. The goods are the customers responsibility until they reach our warehouse. If an item is returned to us in an unsuitable condition, we have the right to send it back to you. We recommend you obtain proof of postage/Tracking. Our returns address is:
Site 1, Delves Road,
Heanor Gate Industrial Estate,
14. Our Contract
(a) When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law [Your Online Store URL] and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect http://www.la-systems.co.uk liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
The Company may make such alterations or modifications as it deems necessary to the goods or their manufacture without notice to the Buyer from time to time.
http://www.la-systems.co.uk/ shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
All notices to be given under the contract shall be given by prepaid first-class post or facsimile to the registered office or principal place of business of the party to be notified and shall be deemed to have been delivered if by letter at the expiration of 48 hours after posting and if by facsimile on receipt.
Without prejudice to any other remedies the Company may have against the Buyer. The Company may terminate the contract on notice to the Buyer, upon the Buyer becoming bankrupt or insolvent or upon a resolution to wind up the Buyer being passed or a receiver, administrative receiver or administrator being appointed and shall be entitled to take possession of all goods supplied and unpaid for, in accordance with paragraph 6 hereof.
19. Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
20. Links from this website
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
21. Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company's services and the full content of this website.
This Company's logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trademarked.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
25. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and http://www.la-systems.co.uk. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of http://www.la-systems.co.uk.
Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.