Terms Of Sales (Business & Consumer)
Introduction
The following Terms of Sale applies to all transactions undertaken through this website and by using the website you agree to be accept the terms.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
Consumers have extra protections under UK law that Lloyd and Jones Engineers Limited fully comply with.
Consumer – Statutory Rights
Nothing in these terms of sale affects any statutory rights you may have as a consumer.
Consumer – Returns Policy (DSR Regulations)
As a consumer you may cancel a contract to purchase goods at any time within 14 calendar days after the day you received the relevant goods, unless the goods were personalised goods or goods made to, or modified to, your specification.
If you cancel a contract on this basis, you must inform us in writing (email/fax/post) and return the products with a copy of the original invoice or delivery note to Lloyd & Jones Engineers Ltd, Langton House, 74B Regent Road, Bootle, Merseyside, L20 1BL within 14 days, in the same condition and packaging in which you received them. However, you will be responsible for paying the cost of returning the product to us, and they are returned at your risk, we would advise adequate insurance is obtained.
Goods returned by you in accordance with this Section will be refunded in full via the original method of payment (including the cost of our standard carriage, extra charges for express delivery will not be refunded.. If only part of an order is returned/cancelled then the original delivery charges will not be refund.
If you cancel a contract on this basis and you do not return to the products to us, we may recover the goods and charge you for the costs we incur in doing so.
Similarly, if you return the goods at our expense, we may pass that expense on to you. Please Note refusing delivery may incur us charges – these charges will be deducted from your refund and may be more than the cost of returning the goods by other means open to you.
1.Definitions
In these Conditions
“the Buyer” means the person who buys or agrees to buy the goods from the Seller.
“Conditions” means the conditions set out herein and any special terms and conditions agreed in writing by the Seller.
” Delivery Date” means the date specified by the Seller for delivery of the Goods.
“Goods” means the goods or materials which are the subject matter of a Contract.
“Price” means the price of the Goods and/or the charge for the Work set out on the documentation.
“the Seller” means Lloyd & Jones Engineers Ltd, Langton House, PO Box 29, Bootle, Merseyside L20 1EJ.
“Specification” means the technical description (if any) of the goods contained or referred to in the order.
“Consumer” means individual ordering goods for their own personal private use.
“Business” means organisation or individual ordering goods for use in connection with their business or trade.
- Conditions
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 The listing of goods on our website constitutes an “invitation to treat”; and your order for goods constitutes a contractual offer. We will send you an email confirming receipt of your order and the order details. No contract will come into force between the buyer and the seller unless and until the seller accepts the buyers order, which will be when the goods are dispatched. Any goods on the same order which we have not delivered to the Buyer do not form part of that contract.
- Price and Payment
3.1 Price on the website shall be the Seller’s quoted price. There are a large number of Goods on the website and this may mean some pricing is incorrect or goods are no longer available. We will verify pricing and availability as part of our confirmation process. Any deviations from the displayed price will be advised with the opportunity to cancel with a full refund. Delivery charges are listed separately and if applicable will be added to your total.
3.2 For Business customers with a Credit Account facility payment of the total Price and VAT shall be due within 30 days of the of the Seller’s invoice. Time for payment shall be of the essence.
For Consumers and others- payment must be made by online payment via the checkout on the website.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2.25% above HSBC Plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
3.4 If the Buyer fails to make any payment on the due date then without prejudice to any of the Seller’s other rights the Seller may:-
3.4.1 suspend or cancel deliveries of any articles due to the Buyer; and/or
3.4.2 appropriate any payment made by the Buyer to such of the Goods (or goods supplied under any other contract with the Buyer) as the Seller may in its sole discretion think fit.
3.5 The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counter claim which the Buyer may have or allege to have or for any reason whatever.
3.6 Specification of goods and pricing are liable to change at any time, but changes will not affect contracts which have come into force.
- Goods
4.1 The quantity and description of the Goods shall be as set out in the Buyer’s basket at checkout.
4.2 The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
4.3 All implied terms, conditions and warranties (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded.
4.4 The specifications and designs of the Goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Seller. Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Seller then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.
4.5 The Seller shall not accept liability for Goods wrongly ordered by the Buyer and which are not in accordance with the size and/or specification necessary for the Buyer’s requirements.
- Delivery
5.1 The Seller will deliver the Goods to the Buyer’s address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The risk in the Goods shall pass to the Buyer immediately upon delivery being made.
5.2 Time of delivery of the Goods shall not be of the essence of the Contract.
5.3 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these Conditions. The failure of the Seller to deliver the Goods on the Delivery Date shall not entitle the Buyer to treat this contract as repudiated. The failure of the Buyer to pay for any one or more of the said instalments of the Goods on the due dates shall entitle the Seller (at the sole option of the Seller):-
5.3.1 without notice to suspend further deliveries of the Goods pending payment by the Buyer; and/or
5.3.2 to treat this contract as repudiated by the Buyer.
5.4 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
5.5 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 2 months of the Delivery Date.
- Acceptance of Goods
6.1 The Buyer shall be deemed to have accepted the Goods 3 days after delivery to the Buyer.
6.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
6.3 If the Buyer properly rejects any of the Goods which are not in accordance with the contract the Buyer shall nonetheless pay the full Price for such Goods unless the Buyer promptly gives notice of rejection to the Seller and at the Buyer’s cost return such Goods to the Seller before the date or when payment of the Price is due.
6.4 No Goods delivered to the Buyer which are in accordance with the contract will be accepted for return without the prior written approval of the Seller on terms to be determined at the absolute discretion of the Seller. Goods returned without the prior written approval of the Seller may at the Seller’s absolute discretion be returned to the Buyer or stored at the Buyer’s cost without prejudice to any other rights
7.Title and Risk
7.1 Risk shall pass on delivery of the Goods to the Buyer.
7.2 In spite of delivery having been made the property in the Goods shall not pass from the Seller until:
7.2.1 the Buyer shall have paid the Price in full; and
7.2.2 no other sums whatever shall be due from the Buyer to the Seller.
7.3 Until property in the Goods passes to the Buyer in accordance with Clause 7.2 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other Goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.
7.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer’s business and full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal where making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller’s money.
7.5 The Seller shall be entitled to recover the Price notwithstanding that Property in any of the Goods has not passed from the Seller.
7.6 Until such time as the property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under Clause 7.4 shall cease.
7.7 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
7.8 The Buyer shall insure and keep insured the Goods to the full Price against all usual risks to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
- ForceMajeure
If delivery of Goods or performance of Work is delayed by causes totally outside the control of the Seller, then the Seller shall give written notice of such cause within 7 days of its occurrence or earlier if delivery is due within this 7 day period, providing particulars of the circumstances and their effect, and the Buyer shall agree to allow such extra time for delivery of the Goods or the completion of the Work as is, in the Seller’s sole opinion, reasonable in the circumstances.
- Remedies of the Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which, conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.
9.4 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.
9.5 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
- Cancellation
The Seller shall be entitled to cancel the Order at any time by giving written notice to the Buyer. If the Seller exercises its right of cancellation it shall have no liability in respect of the Contract or in respect of any damage whatever arising from such cancellation.
- Liability and Indemnity
The Buyer shall keep the Seller fully and effectively indemnified against:-
11.1 any and all claims for infringement of letters, patent or registered design, trademarks or trade name by reason of the use or sale of the Goods and against all costs and damages which the Seller, may incur in any action for such infringement or for which the Seller may become liable in such actions;
11.2 any loyalties payable to the Buyer; and
11.3 each and every liability the Seller may incur to any other person whatsoever and against all claims, demands, proceedings, damages, costs and expenses made against or incurred by the Seller arising out of or occasioned by any error in design or drawings or any defects in or failure of the Goods or Work or any part thereof or by reason of any act or omission of the Buyer, his employees, sub-contractors or agents or otherwise by reason of any breach or default of the Supplier in carrying out or failing to carry out properly all his obligations under the Contract.
11.4 in the event that the Goods or some parts thereof proves to be defective, whether in consequence of negligence on the part of the Seller or otherwise, the liability of the Seller shall be limited to repair of the alleged defect or defects or, at the Seller’s option, replacement of the Goods or some part thereof.
- Bankruptcy
If the Buyer shall become bankrupt or insolvent or the subject of a receiving order, an administration order or winding-up proceedings (not being a members’ voluntary winding-up for the purposes of reconstruction or amalgamation) the Seller may either: –
12.1 terminate the contract forthwith by notice in writing to the Buyer or to the receiver, administrator, or liquidator or to any person in whom the Contract may become vested; or
12.2 give any such receiver, administrator, liquidator or other person the option of carrying out the Contract subject to such person providing a guarantee for the due and faithful performance of the Contract.
- General
13.1 The Order is personal to the Buyer and the Buyer shall not assign or transfer or purport to assign or transfer to any other person any of its rights or sub-contract any of its obligations under the Contract.
13.2 No waiver by the Seller or any Breach of the Contract by the Seller shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
13.4 Any dispute arising under or in connection with these Conditions or the Sale of Goods shall be referred to arbitration by a single arbitrator appointed by the agreement or (in default) nominated on the application of either party by the President for the time being of the Chartered Institute of Arbitrators.
13.5 Images of products on our website are for illustrative purposes; actual products may differ from such images.
13.6 We will treat all your personal information that we collect in connection with your order in accordance with the terms of privacy policy.
- Returns
14.1 Business Customers – Returns will be considered on a sale by sale basis and will solely at our discretion and will be subject to a restocking charge. Goods must be returned by the buyer to the sellers Bootle address in their original packaging and condition. Carriage charges will not be refunded. Please email us for further information relating to the stocking charge on the goods being returned.
14.2 Consumer – Returns Policy (DSR Regulations)
Please refer to the section of the same title in the Introduction section at the top of these terms.
- Law
Notwithstanding the respective domicile of the parties hereto this Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
- About us
Our full name is Lloyd & Jones Engineers Limited
Our registered office is Langton House 74b Regent Road, Bootle, Merseyside L20 1BL and our principal trading address is the same.
Our company registration number is 1751835.
Our email address is sales@lloyd-jones.com.
Our VAT number is 387 2423 34
Our Telephone number is 0151 955 4700
