Please read our 'Standard Conditions of Sale' fully. By entering our website it is each individuals responsibility to undertake to read our 'Standard Condition of Sale' prior to ordering or purchasing any of our products - this is to help protect both you and ourselves if future disputes arise and to prevent such disputes occuring.
Levo-Artis Ltd ~ Standard Conditions of Sale
The following Standard Conditions of Sale varied from time to time by Levo-Artis Ltd (the Company) will govern this transaction and all contracts between the parties except as otherwise specifically agreed in writing by the Buyer and the Company.
1. PAYMENT TERMS
(i) for non credit account holders: cash, postal order or cheque with order only.
(ii) for approved credit account holders: net monthly account requiring settlement in full for goods invoiced up to and including the last day of a calender month to reach the Company no later than the last day of the following calender month. The Company reserves the right to charge interest at commercial rates on amounts outstanding after the due settlement date.
2. SHIPPING COSTS & TIMES
Postage & Packing prices are for UK mainland only and do not include Scottish Highlands and Islands, Northern Island, Isles of Scilly or the Isle of Man. For shipping to these and other destinations and mainland Europe you will be required to contact us to enable us to quote or arrange for collection by your own employed shipping agent.
Shipping dates will be arranged between the Company and the Buyer prior to the courier being employed by the Company. Assistance may be required for the unloading of heavier items such as Ramp sections at 40kgs per set.
3. PRICES & QUOTATIONS
Quotations are for information only and are binding on the Company only if and to the extent that they are incorporated in an order to the Company which has been accepted in writing. Prices may be quoted inclusive or exclusive of VAT and it is the responsibility of the Buyer to be sure which is the case prior to ordering. The Company reserves the right to alter or amend prices up to the time goods are ordered.
4. CONTRACTS
The Company shall have the option to rescind any contract or order between the Company and the Buyer and/or to suspend delivery of goods in any of the following events:
(i) should any sum owed by the Buyer to the Company be overdue for payment.
(ii) should the Buyer be in breach of any term of the same or any other contract with the Company.
(iii) should the Buyer enter into any composition or arrangement with or for the benefit of his creditors have a receiving order in bankruptcy made against him or go into liquidation or receivership either voluntary or compulsory.
5. OWNERSHIP
The Company and the Buyer expressly agree that until the Company has been paid in full for the goods compromised in this or any other sale contract between them:
(i) the goods remain the sole and absolute property of the Company and the Company may recover the goods at any time from the Buyer if the amount outstanding to the Company remains unpaid after the due date for payment has passed. For that purpose the Company, its servants and agents may enter upon any land or building upon which the goods are situated.
(ii) the Buyer does not have the right in the course of his business to dispose of the goods which are the property of the Company until monies due or owing to the Company are paid up in full.
6. CLAIMS, RETURNS, SHIPPING DAMAGE OR FAULTY GOODS
Although our products are of a robust nature we have to be realistic and conclude that things do go wrong from time to time during deliveries. To prevent any problems regarding damages that occurred during the shipment, please carefully check the parcel at the time the courier offers it to you. If you suspect any damage, please ask the driver for a damage report form and fill it in on the spot. The Company is not responsible for any shipping damage which could have been identified at receipt. It is the responsibility of the recipient to carefully check the parcel and report to the driver following the courier's written procedure.
You have the right to return any purchased part except for specials* within the legal 14 day cooling -off period**. However, we do not accept any returns without prior notice. Any parts returned without notice will not be accepted. You are responsible for packaging the product. If the product gets damaged or missing due to the packaging of the product we cannot credit the product to you. Shipping costs for returns always need to be paid for by the Buyer unless otherwise negotiated.
If you decide to make use of the legal cool-off period, we will credit the actual product; shipping costs will not be credited. You must let the Company know in writing within the 14 day period.
*Specials are products which have specifically been purchased/manufactured for you (e.g. not shown in our standard website portfolio). **Although you have the right to return a product within 14 days of receipt, all returned products have to be 'as new' when returned. If there are any traces of use or installation on the product the Company will not accept the return.
If the Buyer shall make a complaint regarding a manufacturing defect or missing item the Company shall after reasonable time for investigation and examination of the goods in dispute shall be entitled at its option:
a) to replace any defective goods and provide any missing items or
b) to accept the return of defective goods & to credit the Buyer with the sale price thereof or
c) to make the Buyer an allowance representing the difference between the value of goods defective at the time of complaint and the value they would have had if they were not defective providing the Buyer pays any outstanding balance owed not in dispute according to normal terms.
7. CANCELLATION OR ALTERATION OF ORDERS
Where the Company agrees to supply goods it may refuse a request for cancellation, suspension or alteration to the order if materials or components have been ordered from a third party or manufacture of the goods has commenced.
8. MATERIALS
Please take note that:
(i) the materials used to manufacture the goods although of extreemly high quality, may exhibit certain construction marks caused by the manufacturing process, an example of which is the deformation of the 5 bar raisedpattern due to the bending of the aluminium.
(ii) the materials used to manufacture the goods may exhibit burrs, sharp or rough edges which can be easily removed by the Buyer prior to the Buyer or his agent using the goods.
(iii) stock sizes and weights of goods are approximate only and may not correspond with their exact contractural description provided that any such differences do not make the goods unsuitable for the Buyer's purposes.
(iv) no guarantee is given that the goods are fit for the Buyer's intended use - our website shows largely what is possible but the Buyer must satisfy himself of the fit for purpose for which they are intended to be used.
9. LIMITATION OF LIABILITY
(i) the Company shall not be liable for failing to perform this or any other contract whether wholly or in part if the failure is caused either wholly or in part by any circumstance or circumstances outside the Companies control. In any event it is expressly agreed that the Company will not be liable for any consequential loss caused to the Buyer as a result of an order being carried out unsatisfactorily whatsoever the reason for this shortcoming may be.
(ii) no forbearance or indulgence by the Company shown or granted to the Buyer whether in respect of these conditions or otherwise shall in any way affect or prejudice the rights of the Company against the Buyer or be regarded as a waiver of any of these conditions.
(iii) although the goods have been extensively safety tested to determine their safe working load (SWL), whilst being used in an inherently dangerous envoironment (engineering workshop or similar) and having the potential to be attributable to dangerous occurrences it is the sole responsibility of the Buyer to ensure full training is given and safe practice is adheared to at all times during the use of the goods. The working procedures supplied with the goods and any ancillary products must be adheared to at all times and in light of any omitted procedures within the delivery or on the Companies website, it is the Buyers responsibility to request said documents prior to using the goods.
(iv) it is the Buyers responsibility to carry out full statutory risk assessments within the Buyers business activity if required by law.
10. WARRANTIES
The Company guarantees the goods for a period of 12 months from purchase and this guarantee stricktly covers material and manufacturing defects. No liability is accepted for misuse of goods away from the set specified procedures.
11. CONTINUOUS IMPROVEMENT
It is the Companies policy to continuously improve products and as such we reserve the right to alter data, specifications and component parts without prior notice.
12. GOVERNING LAW
The interpretation and terms of these conditions will be governed by the Law of England.