All business undertaken by Lismark Office Products Limited shall be exclusively subject to our terms and conditions of sale.
TRADING NAME AND ADDRESS: Lismark Office Products Limited, Unit D, Magna Road, South Wigston, Leicestershire LE18 4ZH.
Tel: 0116 251 7741, Email: email@example.com, VAT no: 459 9037 05, Incorporated in England No. 6079459
ORDERING: All products are offered subject to availability. Please carefully check your order for: Colour, Quantity, and Price. Should any of the details be incorrect, please advise us immediately in writing, as we are unable to accept amendments to goods in production. We cannot be held responsible for customer error or omissions. All items are made to your specific order and are therefore non-returnable unless faulty.
CANCELLATIONS AND AMENDMENTS TO ORDERS: We regret that we are unable to accept cancellation of orders where production has commenced. Where an order is amended or altered by the customer a charge will apply once production has commenced.
DELIVERY LEAD TIMES: Approximate lead times are provided. Please contact our sales team for more specific requirements.
DELIVERY DETAILS: For deliveries, a contact name, telephone number, full address including post code is required. Please note these deliveries can only be made on specific days and/or specific times, subject to an additional charge. For re-delivery of orders and/or refused delivery an additional charge will apply. All goods must be checked and counted before being signed for. If in the event the delivery is received short in quantity or damaged, these and any other matters arising must be reported in writing to Lismark within 24 hours.
PRICING: All prices shown are subject to VAT.
TERMS OF PAYMENT: Net 30 days from the date of invoice for open and approved credit accounts ordering by purchase order. Lismark Office Products Limited retains title and ownership of all goods until paid in full.
GUARANTEE: All products carry conditional guarantees which may vary from product to product. We will undertake to provide replacement parts or repair against manufacturing defects with the exception of fair wear and tear. All products warranty period commences from the date detailed on the product label. The guarantee will be invalidated where the original products have not been properly maintained or have been subject to misuse, unauthorised repair, replacement or modification. Guarantee is valid only to products supplied in mainland UK.
TERMS AND CONDITIONS
DEFINITIONS: In these terms and conditions of sale; “the company” shall mean Lismark Office Products Limited, “the buyer” shall mean the company, firm or person by whom an order is placed. “The goods” shall mean all or any part of the goods, services, materials or products supplied by the company to the buyer in accordance with the contract.
ACCEPTANCE OF ORDERS: Orders are accepted subject to the terms and conditions of sale herein stated to the exclusion of all other terms and conditions of the buyer (including any terms or conditions which the buyer purports to apply under any purchase order, confirmation of order, specification or other document).
TERMS OF PAYMENT: Net 30 days from the date of invoice for open and approved credit accounts. Lismark Office Products Limited retains title and ownership of all goods until paid in full.
UNDERTAKING: We will only be responsible for the capacity and performance of the goods supplied being sufficient and suitable for your purpose provided you have given us full and accurate particulars of your requirements in this respect and of conditions under which the goods will be required to operate.
LIABILITY: Save and accept as specially provided under the foregoing clauses, we accept no liability for any loss or damage, consequential or otherwise attributed to our acts, defaults or failure to complete the contracts. We are fully insured for employer’s liability and maintain public liability insurance policies with substantial indemnity. We can only accept responsibility for personal injury and damage to property caused by our neglect, the company shall not be liable for any excess in total claims over the contract price. We accept no liability to the buyer in respect of claims which may by bought against the buyer by third parties pursuant to Consumer Protection Act 1987 in respect of products produced or supplied by us.
CANCELLATIONS: We regret that we are unable to accept cancellation of orders where production has commenced.
ARBITRATION: If at any time any question, dispute or difference shall arise between us in relation to or in connection with the contract either of us may give to the other notice in writing if the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon, or failing agreement to an arbiter to be appointed by the president for the time being of the Law Society. The admission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1950 and the Arbitration (Scotland) Act 1984 or any statutory modification thereof. Work under the contract shall so far as may be reasonably practicable continue during the Arbitration proceedings and no payments, which may or shall become due, shall be withheld on account of such proceedings.
MATERIALS: We reserve the right to amend without notice the specification of materials used in the manufacture of our products as the result of changes in the supply position. List prices & V.A.T shall be those ruling on the date of despatch.
RISK AND TITLE: (a) Risk in the goods shall pass upon delivery to the buyer (who should insure the goods at full replacement value).
(b) Notwithstanding the passing of risk, the title to and property in the goods shall remain with the company until the buyer has paid all sums due and owing to the company.
(c) Until title to the goods passes: –
(i) The Buyer shall hold the Goods as fiduciary agent and bailee for the company.
(ii) The goods shall be kept separate and stored so as to be clearly identifiable as belonging to the company.
(iii) The buyer is licensed by the company to sell the goods in the ordinary course of business provided that the proceeds of sale are held in trust for the company and always identifiable, and provided also that the buyers power of sale may be revoked at any time by the company and shall cease automatically if the buyer commits any act of bankruptcy or enters into receivership, administration or winding up.
(iv) The buyer shall on demand deliver up Goods to the Company, which is hereby irrevocably authorized to enter the buyer’s premises for that purpose.
(d) All monies clause.
The risk in the goods shall pass from the company to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the company and the buyer under which the goods were delivered.
(a) These terms and conditions of sale comprise the basis on which the Company offers the Goods for sale and in any resulting contract (“the contract”) shall prevail over and supersede any other terms and conditions of the buyer.
The Contract shall be governed by and construed in accordance with English law (and any disputes arising shall be subjected to the exclusive jurisdiction of the English Courts).