Terms and conditions of service- LALBIS INTERNATIONAL TRADING GROUP LIMITED

1. DELIVERIES: All deliveries unless advised otherwise in writing MUST be opened (de-boxed) in upon arrival prior to signing for the goods, and inspected for damage. If any damage is found it MUST be signed for as "damaged". If this procedure is  not followed you will NOT be insured for any loss. All damage claims must be reported within 24 hours of delivery. Standard delivery means the working days from loading the goods as opposed to placing the order. Items will not be delivered on pallets unless specifically requested.

2. PAYMENT TERMS are payment with order or strictly 30% in advance, 70% before loading the goods. days monthly account for approved credit customers, otherwise Bank Transfer, Cash/Cheque.

3. CURRENT PRICES at time of placing the orders. The prices will not change in the case you paid for your order within 30 days.

4. INFORMATION PROVIDED by us either verbally or written is done so to the best of our knowledge. We cannot be held responsible for incorrect or insufficient data being provided.

5. Products: All products are subject to change, as we improve the design and quality of the products, we might change some specifications without prior notice.

6. Warranty: All products are garanteed for one year, unless stated otherwise during the agreement while placing the order.

PREAMBLE

LALBIS INTERNATIONAL TRADING GROUP LIMITED

1. These general conditions shall apply save as varied by specific agreement in writing and if these conditions conflict with any conditions of the Purchaser, these conditions shall prevail.

FORMATION OF CONTRACT

2. The contract of sale shall be concluded by the issue of an invoice or delivery note from LALBIS INTERNATIONAL TRADING GROUP LIMITED (hereafter referred to as the Company) containing these conditions and any representative of the Purchaser shall be deemed to have authority to contract on such items.

3. All data included in catalogues, circulars, advertisements, websites and price lists of the Company shall be deemed to be approximate only.

DELIVERY

4.1 Except as provided in clause 4.3 delivery of the goods shall take place when they are actually delivered to the Purchaser or his representatives or to the Purchaser’s premises when the risk as to loss and damage in respect of the goods shall pass to the Purchaser.
Delivery chanrges, Shipping, Trasportation, Custom Clearance and Duties are not Included in the prices. 

4.2 Late delivery of goods does not entitle the Purchaser to do any of the following:

4.2.1 reject the goods;

4.2.2 terminate the contract;

4.2.3 withhold payment.

4.3 If the Company is unable to deliver the goods because the Purchaser has not provided appropriate instructions, information, documents, licences or authorisations delivery of the goods shall be deemed to have taken place on the day the Company would have delivered them.

4.4 The seller may deliver by instalments in such quantities as it may reasonably decide; such instalments shall be separate obligations and no breach in respect of one or more of them shall entitle the Buyer to cancel any subsequent instalments or repudiate this contract as a whole.

4.5 Risk in the goods passes to the Purchaser on delivery.

PAYMENT

5.1 Prices shown on our website are exclusive of any tax.

5.2 Without prejudice to any other remedy available to the Company if payment is overdue, payment for all goods by the Purchaser to the Company shall become payable immediately and interest as allowed by the Late Payment of Commercial Debts (Interest Act 1998) or other local aplicable law shall be chargeable from the date of invoice and the Company may recover the goods as set out in clause 6.4.

TITLE AND RISK

6.1 Ownership of the goods remains with the Company and will not pass to the Purchaser until one of the following events occurs:

6.1.1 the Company is paid for all the goods and no other amounts are owed by the Purchaser in respect of other goods supplied by the Company.

6.1.2 the Purchaser sells the goods in accordance with these conditions in which case ownership will pass to the Purchaser immediately before the goods are delivered to the Purchaser’s customer.

6.2 Where the goods are attached to or incorporated in other goods or are altered by the Purchaser, ownership of the goods shall not pass to the Purchaser by virtue of the attachment, incorporation or alteration if the goods remain identifiable and, when attached or incorporated in other goods, can be detached or removed from them.

 6.3 The Purchaser must store the goods separately from any other goods until one of the following events occurs:

6.3.1 they become the Purchaser’s property; or

6.3.2 they are attached to or incorporated in other goods; or

6.3.3 they are delivered to another buyer by the Purchaser.

6.4 If the Purchaser is overdue in paying for the goods or any other goods supplied by the Company, the Company may, if still the owner of the goods, recover and resell them. The Company may enter the Purchaser’s premises for this purpose and may, if necessary, detach or remove the goods from any other goods. This does not affect any other right of the Company.

6.5 Until the Purchaser has paid the Company for all goods which the Company has supplied to the Purchaser:

6.5.1 if the Purchaser sells the goods, the Purchaser shall hold the proceeds of sale on trust for the Purchaser in a separate bank account;

6.5.2 the Company may trace the proceeds of sale that the Purchaser receives into any bank or other account which the Purchaser maintains;

6.5.3 if the Purchaser sells the goods, the Purchaser may, by written demand, require the Purchaser to assign to the Company the Purchaser’s rights to recover the price from its buyer; and

6.5.4 the Purchaser must not assign to any other person any rights arising from a sale of the goods without the Company’s consent.

 

GUARANTEE AND WARRANTY (Product sales only)

7.1 The guarantee period shall be 12 months from the date of invoice.

7.2 During such period the manufacturer shall remedy any defects in the goods arising out of defective materials provided that the Purchaser on discovering a defect shall give immediate notice verbally and in writing of such defects to the manufacturer.

 7.3 Immediately after giving such notice, the Purchaser shall return the defective goods (or any part thereof) to the manufacturer at the Purchaser’s risk and expense.

7.4 The Manufacturer will honour all warranty claims with a valid proof of purchase.

7.5 The manufacturer  shall not be liable if the defects result from misapplication, misuse or other fault of the Purchaser in relation to the storage, handling, application or use of such goods (without prejudice to any term implied by law).

7.6 The Company shall endeavour to supply products suitable for the Purchasers requirements but shall not be under any liability for failure of a product where no or incomplete or incorrect technical or other information as to its application or usage has been supplied.

7.7 If the goods are covered by a manufacturers guarantee the terms of such guarantee shall be deemed to be accepted by the Purchaser in substitution for the foregoing guarantee. The Purchaser shall be responsible for ascertaining which guarantee provisions apply.

7.8 These warranties and guarantees shall not apply if the Purchaser is in breach of these terms and conditions including the obligation to make payment.

7.9 Nothing in these conditions limits the Company’s liability for personal injury or death arising from the negligence of the Company, its representatives or employees.

 

WARRANTY CLAIMS MUST GIVE DETAILS OF PURCHASE DATE AND FAULT.

RETURN OF GOODS

8. This does not affect your statutory rights.

8.1 Sales to trade / businesses (i.e.: non retail) are non-refundable.

 

CANCELLATION

9.1 If the Company consents to cancellation under clause 8.0 the Purchaser shall indemnify the Company for all liquidated damages and losses incurred as a result of the cancellation.

9.2 Special Order good will not be refunded under any circumstances once the order has been placed with us.

 

TRAINING

10.1Delegates will receive emailed confirmation of training course/assessment time, date and venue.

Delegates from the same Company may be substituted by prior arrangement.

We reserve the right to cancel any training course/assessments for whatsoever reason.

 

INSOLVENCY

11. If the Purchaser:

11.1 being a company;

11.1.1 has a petition presented for its winding up; or

 11.1.2 passes a resolution for voluntary winding-up (other than for the purpose of a bona fide amalgamation or reconstruction);

or

11.1.3 enters into a voluntary arrangement with its creditors; or

11.1.4 becomes subject to an administration order; or

11.1.5 has a receiver appointed of all or any of its assets; or

11.2 being an individual or firm;

11.2.1 becomes bankrupt or insolvent; or

11.2.2 enters into a voluntary agreement with creditors then the Company shall be entitled to treat the contract as being at an end or suspend any further deliveries under the contract. If the goods have been delivered but not paid for, the price shall become due immediately regardless of any previous arrangement to the contrary.

 

LIMITED LIABILITY

12.1 The Company shall be under no liability if it is unable to perform a contract of sale (including delays in delivery) for any reason beyond its control including Act of God, fire, inclement or exceptional weather conditions, official or unofficial industrial action, hostilities, shortage of labour, shortage of materials, failure of power or other supplies, governmental orders or intervention by any other cause whatsoever of an unexpected and exceptional nature.

12.2 If circumstances under clause 11.1 3 months the Company may terminate the contract.