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LANSFORD
ACCESS
LTD
STANDARD
TERMS
AND
CONDITIONS
OF
SALE
«
Back
1.0
GENERAL
1.1
Any
contract
between
Lansford
Access
Ltd
(“Seller”)
and
any
of
it’s
customers
(“Buyer”)
for
the
supply
of
goods
and
services
shall
automatically
incorporate
these
conditions
which
shall
prevail
over
any
other
terms
or
conditions
attached
to
the
Buyer’s
order,
or
contained
in
any
other
written
or
oral
intimation
and
any
such
other
terms
shall
not
form
part
of
the
contract
between
the
Seller
and
the
Buyer
except
that
any
special
conditions
specified
by
the
Seller
in
writing
shall
prevail
over
these
conditions
in
so
far
as
such
special
conditions
may
be
incorporated
herewith.
1.2
The
waiver
of
any
of
any
conditions
herein
at
any
time
by
the
Buyer
shall
not
be
effective
unless
if
specifically
agreed
in
writing
by
the
Seller
and
shall
constitute
a
waiver
for
the
purpose
of
that
particular
transaction
only
and
all
other
conditions
herein
shall
remain
in
full
force
and
effect.
1.3
Any
contract
between
the
Seller
and
the
Buyer
shall
only
arise
upon
the
written
acceptance
by
the
Seller
of
the
Buyer’s
order.
1.4
These
conditions
and
the
contract
shall
be
governed
in
all
respects
by
English
Law.
2.0
PRICES
AND
PAYMENT
2.1
Prices
quoted
do
not
include
Value
Added
Tax
or
any
other
taxes,
duties
or
levies
on
the
goods
or
their
sale
all
of
which
taxes,
duties
or
levies
shall
be
borne
by
the
Buyer.
2.2
Save
as
otherwise
expressly
agreed
in
writing
by
the
Seller
the
price
of
the
goods
may
be
increased
by
the
Seller
to
take
into
account
any
change
of
market
conditions
between
the
date
of
quotation
and
the
date
of
actual
supply
and
the
buyer
shall
pay
such
increased
price.
The
expression
“market
conditions”
includes
(but
is
not
limited
to)
the
costs
of
labour,
materials,
operation
and
transport
or
any
of
them.
2.3
Unless
otherwise
specifically
stated
by
the
Seller
the
price
agreed
for
the
goods
or
services
(including
any
additions
to
such
prices)
is
nett
and
is
due
for
payment
by
the
last
day
of
each
month
following
the
month
of
the
Seller’s
invoice.
3.0
DEFAULT
BY
BUYER
3.1
If
the
Buyer
shall
fail
to
pay
the
price
for
the
goods
or
services
by
the
due
date
for
payment
then
(without
prejudice
to
any
other
rights
of
the
Seller
arising
from
such
failure)
the
Buyer
shall
(if
so
required
by
the
Seller)
pay
the
Seller
interest
thereon
at
the
rate
of
2%
per
month
or
part
thereof
on
the
outstanding
amounts
from
time
to
time.
3.2
If
the
Buyer
shall
commit
default
in
or
commit
any
breach
of
it’s
obligations
to
the
Seller,
or
if
any
distress
or
execution
shall
be
levied
upon
the
Buyer,
its
property
or
assets,
or
if
the
Buyer
shall
make
or
offer
to
make
any
arrangements
or
compositions
with
its
creditors
or
commit
any
act
of
bankruptcy
or
if
the
Buyer
shall
be
an
individual
and
any
petition
or
receiving
order
in
bankruptcy
shall
be
presented
or
made
against
him,
or
if
the
Buyer
shall
be
a
company
and
any
resolution
or
petition
to
wind
up
such
company’s
business
shall
be
passed
or
presented
otherwise
than
for
the
purpose
of
amalgamation
or
reconstruction
whilst
solvent,
or
if
a
receiver
of
such
company’s
undertaking
property
or
assets
or
of
any
part
thereof
shall
be
appointed,
or
if
the
Buyer
shall
be
insolvent
then
without
prejudice
to
any
other
rights
available
to
the
Seller
it
may
forthwith
cancel
any
contract
then
subsisting
with
the
Buyer
or
alternatively
may
suspend
or
cancel
delivery
of
any
of
the
goods
to
be
supplied
thereunder.
4.0
DELIVERY
4.1
Although
the
Seller
shall
attempt
to
effect
delivery
in
accordance
with
pre-arranged
dates
or
delivery
schedules
such
dates
or
schedules
are
estimates
only
and
time
shall
not
be
of
the
essence.
The
Seller
shall
not
be
liable
for
any
loss
or
damage
whether
arising
directly
or
indirectly
out
of
delay
in
delivery
and
whether
in
respect
of
the
whole
or
any
part
of
the
goods
ordered
nor
for
any
consequential
loss
however
arising.
Where
a
contract
requires
more
than
one
delivery
these
conditions
apply
to
each
and
every
delivery.
4.2
Where
the
Seller
arranges
carriage
of
goods
he
does
so
as
agent
for
the
Buyer
(whether
or
not
a
separate
charge
for
carriage
is
made)
and
its
sole
responsibility
in
relation
to
carriage
shall
be
to
arrange
(in
the
absence
of
specific
instructions
from
the
Buyer)
for
carriage
to
be
effected
by
a
carrier
or
forwarder
which
it
reasonably
considers
to
be
suitable.
4.3
Delivery
of
the
goods
shall
be
taken
by
the
Buyer
when
the
same
are
ready
and
due
for
delivery
and
the
Buyer
shall
supply
the
Seller
with
such
details
as
may
be
necessary
or
as
may
be
required
by
the
Seller
to
enable
the
Seller
to
effect
delivery.
4.4
If
for
any
reason
the
Buyer
shall
indicate
that
it
will
not
take
delivery
of
the
goods
when
the
same
are
due
and
ready
for
delivery
the
Seller
shall,
if
its
storage
facilities
permit,
store
the
goods
and
take
reasonable
steps
to
prevent
their
deterioration
until
actual
delivery
and
the
Buyer
shall
pay
the
Seller
the
reasonable
costs
(including
insurance)
of
its
so
doing.
This
provision
is
without
prejudice
to
any
other
rights
of
the
Seller
arising
from
or
in
connection
with
any
failure
of
the
Buyer
to
take
delivery
of
the
goods
at
the
appropriate
time.
4.6
In
the
event
that
the
Seller
does
act
as
carrier
or
engages
as
principal or employs an outside carrier then
it
shall
not
be
liable
in
respect
of
damage
in
transit
or
shortage
in
delivery
unless
notice
thereof
in
writing
is
given
at
the
time
of
delivery
by
or
on
behalf
of
the
Buyer
followed
by
a
full
claim
in
writing
within
five
days
thereafter.
In
the
event
of
non-delivery
of
the
goods
the
Buyer
shall
give
written
notice
thereof
to
the
Seller
within
10
days
after
the
date
of
the
Seller’s
invoice
failing
which
the
Seller
shall
not
be
liable
for
such
non-delivery.
Where
goods
are
received
by
or
on
behalf
of
the
Buyer
but
without
being
checked
the
Seller
shall
not
be
liable
for
any
damage
or
shortage.
Nothing
in
this
paragraph
shall
impose
any
liability
on
the
Seller
in
respect
of
damage
in
transit,
shortage
in
delivery
or
non-delivery
which
would
not
arise
(or
which
would
not
arise
apart
from
the
provisions
of
this
paragraph)
under
the
general
law.
5.0
TECHNICAL
SPECIFICATIONS
5.1
All
copyright
and
other
intellectual
property
rights
of
whatever
nature
in
relation
to
the
goods
belong
(
as
between
the
Seller
and
the
Buyer)
exclusively
to
the
Seller.
5.2
All
dimensions,
specifications
in
capacity,
weight
and
colour
are
approximate
only.
5.3
The
Seller
reserves
the
right
to
alter
the
specifications
and
if
necessary
or
desirable
to
substitute
modifications
in
relation
to
the
goods
without
prior
notice
in
furtherance
of
its
general
policy
of
continuous
improvement
in
design
and
manufacture.
6.0
WARRANTY
6.1
In
the
event
that
any
of
the
goods
are
found
to
be
defective
within
6
months
after
the
date
of
delivery
the
Seller
shall
repair
or
replace
the
same
free
of
charge
provided
that
:-
(a)
notification
in
writing
of
any
claim
hereunder
is
received
by
the
Seller
within
6
months
after
the
date
of
delivery.
(b)
the
goods
alleged
to
be
defective
are
returned
carriage
paid
to
the
Seller’s
warehouse
or
if
the
goods
are
locally
situated
outside
the
United
Kingdom
the
Buyer
shall
have
(at
its
own
expense)
arranged
for
an
independent
survey
of
the
goods
by
a
professional
authority
acceptable
to
the
Seller
which
authority
has
confirmed
the
alleged
defect.
(c)
the
Buyer
shall
be
responsible
for
the
payment
of
all
deliveries
and
ancillary
costs.
(d)
the
Seller
shall
not
be
liable
in
respect
of
any
defect
which
is
the
result
of
misuse
of
the
goods
or
fair
wear
and
tear.
(e)
goods
supplied
by
the
Seller
but
not
manufactured
by
them
are
subject
to
the
Conditions
of
Sale
of
the
actual
manufacturers,
but
the
Buyer
shall
be
entitled
to
such
benefits
as
the
Seller
may
receive
under
any
guarantee
given
by
the
manufacturers
in
respect
thereof.
7.0
EXCLUSIONS,
INDEMNITIES,
ETC.
7.1
Subject
as
provided
in
Clause
6
above
the
Seller
shall
not
be
liable
for
any
direct
loss
attributable
to
any
defect
in
the
goods
however
arising.
7.2
All
express
warranties
and
conditions
(other
than
those
specifically
set
out
in
these
conditions)
and
all
warranties
and
conditions
implied
in
law,
custom
or
otherwise
as
to
the
quality
of
the
goods,
their
fitness
for
a
particular
purpose
or
their
correspondence
with
description
or
sample
are
hereby
expressly
excluded.
7.3
The
Seller
shall
not
be
liable
for
any
consequential
or
indirect
economic
loss
or
damage
arising
from
the
breach
of
any
of
its
obligations
hereunder
or
otherwise
in
connection
with
the
contract
or
the
goods
to
be
supplied
thereunder
whether
express
or
implied
or
however
arising.
7.4
The
Buyer
shall
indemnify
and
keep
indemnified
the
Seller
against
all
claims,
costs
and
expenses
however
arising
in
respect
of
the
death,
personal
injury
or
any
economic
or
other
loss
or
damage
suffered
by
any
person
other
than
the
Buyer
arising
from
or
in
connection
with
any
defect
in
the
goods
(whether
arising
through
the
Seller’s
negligence
or
otherwise)
or
otherwise
in
connection
with
the
contract.
7.5
The
Seller
shall
not
be
liable
in
respect
of
any
representation
made
to
the
Buyer
unless
such
representation
is
expressly
confirmed
by
the
seller
in
writing
and
accordingly
in
the
event
that
the
Buyer
reports
on
a
representation
or
is
induced
to
enter
into
a
contract
by
reason
thereof
he
should
notify
the
Seller
in
writing
so
that
the
Seller
may
confirm
or
deny
such
representation.
8.0
PASSING
OF
RISK
AND
TITLE
8.1
The
goods
shall
be
at
the
risk
of
the
Buyer
as
soon
as
they
are
delivered
by
the
Seller
to
the
Buyer
or
its
carrier
or
otherwise
to
the
Buyer’s
order.
8.2
The
goods
shall
remain
the
sole
and
absolute
property
of
the
Seller
as
legal
and
equitable
owner
until
such
time
as
the
full
price
therefor
is
paid
to
the
Seller.
8.3
The
Buyer
acknowledges
that
he
is
in
possession
of
the
goods
solely
as
bailee
for
the
Seller
until
such
time
as
the
full
price
therefor
is
paid
to
the
Seller.
8.4
Until
such
time
as
the
Buyer
becomes
the
owner
of
the
goods,
he
will
store
them
on
his
premises
separately
from
his
own
goods
or
those
of
any
other
person
and
in
a
manner
which
makes
them
readily
identifiable
as
the
goods
of
the
Seller.
8.5
In
the
event
that
the
Buyer
shall
sell
on
the
goods
or
shall
otherwise
dispose
of
the
goods
in
such
a
manner
as
to
pass
title
to
a
third
party
the
Buyer
shall
hold
the
proceeds
of
sale
or
other
disposition
on
trust
for
the
Seller
and
ensure
that
the
same
are
not
mingled
with
any
other
monies
and
shall
at
all
times
be
identifiable
as
the
Seller’s
monies
provided
that
in
no
event
shall
the
Seller
be
liable
for
any
defect
in
the
goods
so
sold
on.
8.6
The
Buyers
right
to
possession
of
the
goods
shall
cease
if
he,
not
being
a
company,
commits
an
available
act
of
bankruptcy
or
if
it,
being
a
company,
does
anything
or
fails
to
do
anything
which
would
entitle
a
receiver
to
take
possession
of
assets
or
which
would
entitle
any
person
to
present
a
petition
for
winding
up
or
passes
a
resolution
to
wind
itself
up
and
in
such
circumstances
the
Seller
may
for
the
purposes
of
recovery
of
its
goods
enter
upon
any
premises
where
they
are
stored
or
where
they
are
reasonably
thought
to
be
stored
and
may
repossess
the
same.
9.0
FORCE
MAJEURE
9.1
If
the
performance
of
the
contract
shall
be
delayed
by
any
circumstances
beyond
the
control
of
the
Seller
including
(but
without
prejudice
to
the
generality
of
the
foregoing)
war,
hostilities
(whether
war
shall
be
declared
or
not),
insurrection,
industrial
disputes,
strikes,
lock-outs,
riots,
fire,
storm,
act
of
God,
accidents,
unavailability
or
shortage
of
materials
or
labour,
interruptions
of
supply,
any
statute,
rule,
law,
bye-law,
order
or
request
made
by
or
issued
by
any
government
department
or
local
or
other
duly
constituted
authority,
then
the
Seller
shall
have
the
right
to
suspend
further
performance
of
the
contract
until
such
time
as
the
cause
of
the
delay
shall
no
longer
be
present
and
for
a
reasonable
time
thereafter.
9.2
If
the
performance
of
the
contract
by
the
Seller
shall
be
prevented
by
any
such
circumstances
beyond
the
control
of
the
Seller
then
the
Seller
shall
have
the
right
to
be
discharged
from
the
further
performance
of
any
liability
under
the
contract.
If
the
Seller
exercises
such
a
right
the
Buyer
shall
thereupon
pay
the
contract
price
less
a
reasonable
allowance
for
what
has
not
been
performed
by
the
Seller.
10.0
CANCELLATION
No
order
or
contract
can
be
cancelled
by
the
Buyer
after
the
Seller
has
issued
a
written
acceptance
or
acknowledgement
of
the
order
or
has
delivered
the
goods
«
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^
07/09/07
|
