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TERMS AND CONDITIONS FOR SALE OF GOODS
1 “Buyer” means the person, firm or company who accepts a quotation of the Seller for the sale of Goods or takes products & services from the Seller
2 “Seller” means the person, firm or company to whom the order is addressed:- Lyme Bay Press
3 “Goods” means the articles described in the order including physical products, professional services and digital media
4 “Order” means the order placed by the Buyer for the supply of Goods . The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written or oral quotation of the Seller which is accepted by the Buyer or any written or oral order of the Buyer which is accepted by the Seller.
(i) Delivery of Goods shall be by the Seller to the Buyers premises. The Buyer being fully responsible for the costs of delivery on all orders or if the Buyer shall require delivery by overnight carriage.
(ii) Delivery shall be by the Seller to the Buyers premises. The Buyer being fully responsible for the costs for packing and delivery.
(iii) Delivery shall be by the Seller to the Buyers premises at any time after the Seller has notified the Buyer that the Goods are ready for delivery the Buyer being fully responsible for the costs of carriage ex works.
(iv) If for any reason the buyer is unable to accept delivery of the Goods at the time when the Goods are due and ready for delivery the Seller shall, if his storage facilities permit, store the Goods to safeguard them and take all reasonable steps to prevent their deterioration until their actual delivery and the Buyer shall be liable to the Seller for the reasonable cost including insurance of his so doing.
(v) The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
(vi) All products and services remain the property of the Seller until the invoice is discharged in full.
(vii) Shortages or damages must be reported to the seller immediately but not later than five working days from delivery, amounts charged cannot be altered except by the Seller and a valid credit note must be issued.
6 Payment of the price of Goods shall be
(i) For Proforma invoices upon receipt of invoice
(ii) For credit accounts within 30 days of the invoice date
(iii) For professional services where completion of service is for a future date
(a) 25% at the time of the order
(b) 75% or the remaining balance within 30 days of the invoice date
7 General Terms
Unless otherwise agreed in writing by the Seller these conditions shall override any terms and conditions stipulated incorporated or referred to by the Buyer whether in the order or in any negotiations and all guarantees warranties or conditions whereto expressed or implied by statute or common law are excluded. Any typographical clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other documentation or information issued by the Seller shall be subject to correction without any liability on any part of the Seller.
8 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or for use under any specific conditions notwithstanding that such purpose or conditions maybe known to the Seller.
9 Any complaint as to the Goods supplied must be made in writing by the Buyer to the Seller within five working days from delivery failing which the Seller shall be under no liability or obligation in respect thereto.
10 Any time or date named by the Seller for delivery is given and intended as an estimate only and the Seller shall not be liable to make good any damage or loss whether arising directly or indirectly from deliveries. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.
11 The price is exclusive of any applicable VAT which the Buyer shall be additionally liable to pay to the Seller at the prevailing rate.
12 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Sellers reasonable control or the Buyers fault and the Seller is accordingly liable to the Buyer the Sellers liability shall be limited to the refund of the cost of the Goods to the Buyer or the replacement of the Goods with similar Goods to the value of the original order.
13 Risk of damage to or loss of the Goods shall pass to the Buyer in the case of the Goods to be delivered otherwise than at the Sellers premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
14 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is thus due.
15 Where the Goods are supplied for export from the United Kingdom the provisions of this clause apply.
(i) The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties therein.
(ii) Payment of all amounts due to the Seller shall be made by proforma invoice before shipment is made.
(iii) The Buyer shall be responsible for the cost of delivery of all orders irrespective of their value.
(i) The return of Goods may only be made with the Sellers permission in writing.
(ii) All returns must be made with a returns number issued by the Seller.
(iii) The return of goods must be made to the place of business of the Seller at the cost of the buyer and Goods must be in their original packing.
(iv) The Buyer shall be responsible for ensuring the Seller’s Goods are properly insured to the full invoice value of the Goods and a signed for delivery service is used.
(v) Returns can only be accepted if Goods are faulty or incorrectly supplied as determined by the description on the invoice or at the time of the sale.
(i) The Seller shall not be liable in any way for loss or damage or personal injury or death inflicted upon the Buyer or the Buyer’s employee’s or visitors during the course of using any Goods or services provided by the Seller. It is the responsibility of the seller to determine the suitability of any Goods or Services and the safety of their use.
(ii) The Sellers total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to the price of the Goods under the order.
(II) The Seller shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit or business, depletion of goodwill or otherwise), costs, expenses of other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this contract.