Terms and Conditions of Sale V1.7.1
'the Company' means Lamberts (Norwich) Ltd.
'the Purchaser' means any party to whom the goods are supplied.
'the goods' means the goods supplied by the Company to the Purchaser.
Contract" means any order which has been accepted by us.
The following terms and conditions shall apply to all purchases, including those made on a Lamberts web site:
All information, as presented on the Company web site, is accurate at the date of publication. The Company shall not be liable for any changes to the information made. The Company does not make any representation, warranty or endorsement of any of the products, services or information provided on the Company web site.
02 : CONDITIONS APPLICABLE.
Unless otherwise agreed by an authorised representative of the Company in writing, these Terms and Conditions shall apply to all orders placed and all Contracts made with the Company, all Embroidery Orders also have a Policy applicable (copies available upon request). No stipulations or conditions contained or referred to in a Purchaser's order form or in correspondence or elsewhere which conflict with these Terms and Conditions or in any way qualify or negate them shall apply unless expressly agreed by an authorised representative of the Company in writing when acknowledging the order. Quotations given by the company are not offers and acceptance of the Purchaser's order shall be affective only upon submission to the Purchaser of an order acknowledgment form signed by an authorised representative of the Company.
03 : CONTRACT.
The parties agree that these terms and conditions in electronic form constitute a written document. The parties agree to admit these terms and conditions in electronic form as an original document, and will not challenge the admissibility of these terms and conditions on the grounds that it is made in electronic form. Each party undertakes not to dispute or challenge the validity or enforceability of any contract formed on the basis of these terms and conditions on the grounds that it is not a written document and, hereby, waives any such right it may have at law.
04 : ENGLISH LAW.
By placing your order, you agree that English law will govern such access and any contract formed on the basis of your order, and you agree to submit to the exclusive jurisdiction of the English courts. If any provision of these terms and conditions is agreed by the parties to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these terms and conditions shall continue in force save that such provision shall be deemed to be excised here from with effect from the date of such agreement or decision or such earlier date as the parties may agree. All quotations issued and all Contracts made by the Company are to be governed by English Law.
05 : SUITABILITY.
Purchasers must accept full responsibility for any purpose of goods they order and are advised to submit fully detailed drawings for all special items. The Company make no warranties, either expressed or implied, including but not limited to any implied warranty or merchantability or satisfactory quality, or fitness for a particular purpose, or compliance with any description with respect to any products supplied or services rendered herein, and all implied warranties are hereby excluded to the fullest extent permitted by law. In any event, under no circumstances shall the Company be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss or damage whatever. The Company's liability for any other loss will be no more than one and one half times the cost of the goods giving rise to the claim. Nothing in these Terms and Conditions of Purchase restricts the company's liability for causing death or personal injury resulting from our negligence or that of our employees. The need for Quality Assured material to be supplied, or not, must be established and written confirmation given."
06 : CANCELLATION.
Contracts and orders may be cancelled by the Purchaser with the Company's written permission and on such terms as the Company indicates. Goods made to special order cannot be cancelled.
07 : TERMS OF PAYMENT.
Subject to Condition 8 below, All accounts are nett and fall due as per the terms stated on the invoice from the invoice date. The Company shall be entitled to charge interest on overdue balances on a daily basis at the rate of statutory interest plus the Bank of England base rate or at the rate of the Company's overdraft rate at the time plus the Bank of England base rate (at our discretion as we find appropriate at the time of application).The Company reserves the right to change payment terms and to offer, reject, amend and or withdraw credit facilities upon review at any time without notice and or explanation. Credit accounts may only be opened at the Company's discretion and are subject to satisfactory references and relevant checks and the Company's interpretation of the your financial position. We may set a maximum amount of credit allowable upon each account and withdraw credit facilities without explanation. You agree that we may obtain, retain and provide third parties, references as to your financial standing. Any change of the constitution of your organisation must be notified to us prior to it occurring. The Company reserves the right without notice to suspend further supplies until arrears including interest have been paid. The Purchaser agrees to indemnify the Company for all costs and expenses which it may incur (including any legal costs) in recovering any unpaid sums. In this case you will be liable for all costs, interest and our administration fee of £100 plus VAT.
08 : PAYMENT ON DEMAND.
The Company reserves the right to receive immediate payment in respect of any account upon demand after delivery.
09 : PRICING.
The prices quoted are those ruling at the date of the quotation and are subject to variation without notice. Unless otherwise specified, V.A.T and any other tax or duties payable by the Purchaser shall be added to the price. If, by mistake, we have under priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the item at that price.
10 : PRICES.
All prices for Goods or Services are quoted in GBP (£ sterling)
Orders for Goods placed on a scheduled delivery will be charged at the price for the total quantity ordered. The price for Goods placed on a scheduled delivery shall remain fixed for a minimum of 30 days from the date of receipt of the order.
11 : SALES EX-STOCK.
Goods ex-stock are offered subject to prior sale.
12 : DELIVERY.
When goods are offered for delivery to site, the Company's obligation is to deliver as near to the site as a safe hard road permits. The Purchaser shall unload the vehicle within a reasonable time and will indemnify the Company against any liability arising from or during the unloading. The Purchaser is to provide, free of charge, the labour required for unloading and stacking. The Purchaser will be liable for any damage to the Company's vehicle or load if at the request of the Purchaser or the Purchaser's customer the vehicle leaves the safe hard road for the purposes of delivery, but the vehicle driver shall not be obliged to do so. Whilst all reasonable effort will be made to meet delivery dates mentioned in any quotation, acknowledgement of order or elsewhere, such dates are approximate only and not of any contractual effect and the Company shall not incur any liability by reason of failure to deliver on any particular date or dates.
13 : NON-DELIVERY.
Non-delivery of the whole of a consignment or any separate part or package must be similarly dealt with within 7 days and 14 days respectively from date of despatch by the Company.
14 : NOTIFICATION OF LOSS, SHORTAGES, DAMAGES, ETC. IN TRANSIT, DAMAGE AND PILFERAGE.
Any damage or pilferage in transit to goods despatched by either road or rail must be notified on the Purchaser's own notepaper to either the depot or station, and also to Company, within 3 days of delivery, and details of the claim similarly notified within 7 days. In addition, any obvious damage to goods or crates should be noted on the carrier's delivery note at the time of delivery.
15 : DEFECTS.
If the Company is satisfied that any article sold was defective in material or workmanship upon delivery and provided notice of the defect is given to the Company in writing within 14 days of delivery, the Company will either repair it or at the Company's option deliver a replacement to the Purchaser free of charge. In either case the Purchaser will be responsible for dismantling the defective article and installing the replacement. The above undertaking is given in lieu of all conditions and warranties of every kind whether expressed or implied by law or otherwise which are hereby expressly excluded and no liability is accepted for damage or loss of any kind whether caused by negligence, breach of contract or otherwise.
16 : SAMPLES.
Samples submitted for approval must be accepted as showing substance and general character only. The Company's liability as to correspondence of the bulk with the sample shall be limited to substance and general character.
17 : PART ORDER.
In the event of the whole order not being placed with the Company, the Company reserves the right to revise it's prices.
18 : INSOLVENCY.
If the Purchaser enters into a deed of arrangement or compounds with his creditors or a bankruptcy petition is presented against him or (being a Company) an order is made or a resolution is passed for the winding up of the Purchaser (otherwise than for the purposes of amalgamation or reconstruction) or if a receiver is appointed or an application is made to the court for the appointment of an administrator in respect of any of the Purchaser's assets or undertaking or if circumstances arise which entitle the court to appoint a receiver or manager or which entitle a court to make a winding up order or any restraint being levied in either case, the Company may cancel this Contract in respect of all future deliveries thereunder without prejudice to any amount due to the Company.
19 : FORCE MAJEURE.
The Company shall be under no liability to the other in any way whatsoever for destruction, damage, delay or any other matters of the like nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock-outs and industrial disputes, fire, explosion, earthquake, act of God, flood, drought or the requisitioning or other act or order by any Government department, council or other constituted body, or the stoppage of the works of the maker from any cause whatever or the necessary labour, transport or materials not being obtained as and when required.
20 : PROPERTY.
The property in the goods shall not pass from the Company until the Company has been fully paid in respect thereof. Until such payment in full, the Company shall have the right to go on to any premises where the goods may be and retake possession and remove the same. The Purchaser shall be entitled to sell the goods as principal and for his own account where the Company has not been fully paid for the same the proceeds shall be held by the Purchaser as trustee for the Company, such proceeds shall be placed in a separate bank account in the joint names of the Company and the Purchaser and released to the Company on demand and these provisions shall ensure notwithstanding the making of a Bankruptcy Order against an individual and the appointment of any Receiver or Liquidator of a company.
21 : PURCHASERS RIGHTS.
Nothing contained herein shall affect the implied undertaking as to title etc contained in Section 12 of the Sale of Goods Act 1979 or shall affect your statutory rights if you ‘deal as a consumer’ as defined in Section 12 of the Unfair Contract Terms Act 1977. These conditions are subject to the qualification (if applicable) that no term therein shall effect such rights (if any) as the purchaser may have by statute.
22 : DISTANCE SELLING REGULATIONS.
Under the Distance Selling Regulations you have a right to cancel your order for any item purchased on our website, for a full refund. This does not apply to items made to your specification or perishable goods. To cancel you can email us, or write to us within seven days of delivery of your items, quoting your reference number. You must take reasonable care of the items and must not use them. Items must be returned to Lamberts or we can arrange collection (a collection fee may be levied for this service).
23 : WEEE (Waste Electrical and Electronic Equipment).
Under current WEEE Regulations we operate a like for like exchange scheme. Further details can be found online.