Terms & Conditions
The Seller is Laser Prototypes (Europe) Ltd
The Buyer is the customer of the goods and services.
The Contract means the contract accepted by the buyer confirmed by the receipt of the purchase order.
2. Ruling Conditions
All contracts of sale are made by the Seller subject to these conditions and any printed conditions on the Buyer’s order form or other documents shall not apply unless and to the extent only that they shall have been expressly accepted by the Seller in writing.
These conditions can be varied or added to or suspended only by agreement in writing between the parties or by typed or written amendment on the face of this document or some attachment to this document.
Quotations will be prepared from the information in the seller’ possession. When further information is given after the date of quotation or when this information is found to be inaccurate, the seller reserves the right to requite the price and delivery. Prices quoted are Ex-Works unless otherwise stated. Prices quoted do not include VAT which will be added at time of invoicing. The seller reserves the right to revise the price in e event of increase in the cost of materials and labour during progress of work.
4. Price and Payment
A) Non Account Holders Payment in full for goods and services to be received and cleared prior to shipment. Proforma invoice can be supplied upon request. Payment to be made by bank transfer, credit card (visa/mastercard) or cheque.
B) Existing Account Holders The invoiced price of goods and services shall be paid 30 days from the date of the invoice (this being called the due date in these Terms and Conditions of Sale).
C) If any payment by the Buyer under the Contract shall be overdue the Seller shall be entitled to charge
interest upon such overdue payment from the due date until payment at the rate of 6% over the base lending rate of Northern Bank Ltd.
Whilst the Seller will do it’s best to meet the delivery date requested by the Buyer, if for any unforeseen reasons, delivery is delayed, the Seller will keep the Buyer duly informed, but will not be liable for any loss, costs, damages or expenses (direct, indirect or consequential) suffered by the Buyer as a result of a delayed delivery, unless specific terms are agreed for a specific project, duly agreed and signed by both parties.
6. Risk and Passing of Title
A) Goods will be at the Buyer’s risk from the time of delivery to the Buyer s premises, other specified delivery address by the Buyer or in the case of Ex-works upon collection from the Seller.
B) The Seller shall be under no liability to the Buyer in respect of shortage of delivery or damaged to goods in transit, unless the Buyer notifies the Seller in writing of its claim within 24 hours of delivery. The
Seller shall be under no liability to the Buyer in respect of goods lost in transit unless the Buyer shall
notify the Seller in writing within 7 days of the Seller s notification of dispatch of goods. If the Buyer
shall fail to notify the Seller of any discrepancy within the time limits stipulated in this sub-clause (b), the
goods shall be deemed to have been the Buyers risk from the time of dispatch from the Seller s
C) Legal title to the goods shall remain with the Seller until the Seller has received all sums owing by the
Buyer whether under the contract or any other account with the Seller.
D) The Buyer acknowledges that he is in the possession of the goods solely as bailee for the Seller until
such time as all sums owing by the Buyer, whether under the contract or on any other account with the
Seller have been paid and until such time as the Buyer shall become the owner of the goods, he shall
store them separately from his own goods and in such a way as makes them readily identifiable as the goods of the Seller.
E) The Buyer s right to possession of the goods shall cease if the Buyer not being a Seller, commits an act of bankruptcy or suffers a bankruptcy order to be made against him, or makes a proposal to his creditors for a composition in satisfaction of his debts or a scheme of arrangement of his affairs being a proposal which provides for some person to act in relation to the composition or scheme either as trustee or otherwise for the purpose of supervising its implementation, or if the Buyer being a Seller, suffers or permits the appointment of an administrator or administrative receiver (as those expressions are defined in the Insolvency Act 1985), over the whole or any of its assets, or if a petition is presented for the winding up of the Buyer, or if the Buyer convenes a meeting of it’s creditors for the purpose of winding up. For the purpose of the recovery of it’s goods, the Seller may enter upon the premises where they are stored and repossess them.
7. General Liability
The seller undertakes to provide the goods and/or services in conformity with the drawings, magnetic media or other instructions and specifications submitted by the buyer or prepared by the seller for the buyer and approved by him. The specifications are solely the responsibility of the buyer.
The seller is not liable for any failing in the goods and services due to any shortcomings in the specifications. Work resulting from alterations in design or specification will be the subject of an additional charge. The seller accepts no responsibility for damage or consequent loss arising from mishandling or misuse of the goods or service. The seller’s liability is for loss, damage or injury arising out of defect or failure of those goods or services by the seller’s personnel, providing that the defect arises from faulty materials or workmanship solely attributable to the seller. It is up to the buyer to determine that the goods or services supplied are suitable for his need before using those goods or services. Such defects found in the goods and services supplied must be notified to the seller in writing within 24 hours of the delivery of the goods or services to which the complaint relates after which period, the seller’s liability will cease. Recommendations made by the seller concerning use or application of the goods or services supplied are believed to be reliable but the seller makes no warranty of results. The buyer’s property will be held entirely at the buyer’s risk. When materials are supplied to the buyer, expense arising from the defect or unsuitability will be charged. The seller shall not be liable for any sampling, testing, measuring or inspection charge that the buyer or his agent may incur.
The seller will endeavour to store for a period of 3 months after the completion of any work or project all relevant electronic information generated as part of the process of supplying goods or services to a buyer, at any time, after that it may be destroyed at the discretion of the seller. No liability for the loss of the information stored, whether the loss is caused by accident or error will be accepted. Copies of the information generated during the production of the goods and services may be supplied to the buyer at the discretion of the seller. Such copies will be charged for.
The seller reserves the right not to disclose techniques, know how and processes used during the production of goods and services. Provided that the work has been paid for in full, at the buyers own request all information regarding the buyers work or project will be deleted and no technical records kept of that work by the seller. The buyer will be required to give a written indemnity to the seller releasing him from further responsibility for that work. Any such actions requested by the customer shall be charged for.
All jigs, fixtures, data and information generated by the seller for the purpose of producing the buyer’s parts, remain the property of the seller unless specifically stated otherwise in the seller’s quotation. The seller will produce parts limited to the accuracy of the machinery used.
8. Infringements of Patents etc:
The Buyer shall indemnify the Seller against all damages, costs and expenses suffered or incurred as a result of the work done or materials supplied in accordance with the Buyer s specification which involves the infringement or alleged infringement of any patent registered design or other intellectual property or equitable right of any third party.
9. Force Majeure
The seller shall not be liable for any failure to fulfill obligations under this contract if such failure is attributable to Force Majeure.
The Seller shall be entitled to sub-contract any of it’s obligations under the Contract.
11. Cancellation of Orders
Orders accepted by the seller can be cancelled or suspended only with the seller’s written
consent and the buyer will be liable for all expenditure incurred and on terms which indemnify
the seller against all loss, including loss of contribution for under utilised capability.
All matters relating to the formation, performance and discharge of the Contract shall be governed by the Law of Northern Ireland