The Lotus Beauty Room terms and conditions page

TERMS & CONDITIONS OF SALE

1. DEFINITIONS

In these Conditions

“The Company” means The Lotus Beauty Room.

“The Customer” means any person(s), firm or company buying goods from the Company.

“The Goods” means any equipment, chattels or installation (whether or not affixed to realty) sold under the Contract.

“The Contract” means any contract for the supply of goods by the Company to the Customer to which these Conditions apply.

2. ACKNOWLEDGEMENT

The customer hereby acknowledges and agrees that any Contract for the sale of Goods by the Company shall be subject to these conditions, and that no servant or agent of the Company has authority to vary, alter or waive any of these conditions, save and except in the case of an authority by a Director in writing.

Any conditions of order offered by a Customer shall, if inconsistent with these Conditions, be deemed to have been rejected, unless expressly approved by a Director of the Company in writing. The Parties hereby agree that if any part of these Conditions be found to be unreasonable, invalid or unlawful under any enactment or rule of law obtaining thereto, the Court or other competent Tribunal shall have the power to strike out or over-ride that part,. whether it be on entire condition or conditions or part or parts thereof, and enforce these conditions as if the unreasonable, invalid or unlawful part or parts aforesaid had not been included.

3. PRICE

(a) All quotations by the Company are given with a relevant quotation reference and will only be adhered to if the customer can refer to the reference when placing an order.

(b) All prices are based on the Company's current price list effective at time of placing the order less any quantity or trade discounts agreed by the Company in writing. These prices are subject to alteration without notice.

(c) All payment shall be due prior to delivery or collection, and the Company shall be entitled not to effect delivery or permit collection unless clear payment has been received, save in exchange for a tender or payment in an acceptable form.

4. INCREASE IN TENDER PRICE

Where between the date of the tender, quotation or other offer by the Company and the date of delivery

the price to the Company of any of the Goods sold under the Contract or of any part thereof or of any material used in the manufacture thereof is increased, the Company shall be entitled to increase the contractual price of the Goods by no more than the amount of such increase. If resulting increase exceeds 10 per cent of the total price of the relevant Goods, the Company shall give the Customer notice of the increase in writing and the Customer shall be entitled to counter-notice given within seven days of such notice, to cancel the Contract in respect of such goods without liability.

5. DELIVERY

(a) Unless otherwise expressly agreed in writing, delivery shall be ex. the Company's office near Wisbech.

(b) Time of delivery shall not be of the essence.

unless otherwise expressly agreed in writing by a Director.

(d) In the event of delay in delivery the Company shall not be liable in respect of claims for loss of use of heat-retaining blankets or covers or any other goods designed or intended to save or reduce the costs of

heating or otherwise.

(e) The Customer shall notify the Company in writing within 14 days from date of despatch, if the

goods have not arrived.

6. ARREARS OF PAYMENTS

In the event of any payment due under any contract to the Company from the Customer or from any company or person associated with the Customer being in arrear, the Company shall be entitled to suspend delivery of any goods due for delivery to the Customer and suspend compliance with its obligations under Condition 5. (A company is ‘associated' with the Customer if it either directly or indirectly owns or controls the other or both are (directly or indirectly) owned or controlled by the same person or company. A person is ‘associated' with the Customer if the Customer is a company and he directly or indirectly owns or

controls it.

7. TIME LIMIT FOR CLAIMS

A. The Company shall not be liable:-

(a) For loss or damage in transit, deviations, mis-delivery, delay or detention; unless the Company and the Carrier are advised thereof in writing (otherwise than upon a consignment note or delivery document) not later than within 5 working days of delivery in the case of apparent loss or damage, and within 7 working days of delivery in the case of loss or damage which is not apparent and the claim be made in writing within 7 working days after the termination of transit.

(b) For loss or non-delivery of the whole of the consignment or of any separate package forming part of the consignment, unless the Company and the Carrier are advised of the loss or non-delivery in writing (other than upon a consignment note or delivery document) within14 working days after the commencement of transit. Words written upon or added to a consignment note at the time of delivery (i.e. “not checked” or “unexamined”) will not render the Carrier or the Company liable for any shortage or damage subsequently discovered, unless written notification is sent within the appropriate time limit.

(d) Transit shall terminate (unless otherwise previously determined) when the consignment is tendered at the usual place of delivery at the Customer's address within the usual cartage hours of the district. B. Subject to A. aforesaid, Notice of any claim arising out of or in connection with this Contract must be

given in writing to the Company within 7 working days from the date when the Goods are collected or delivered, failing which all claims (other than claims arising out of or in connection with defects not discoverable upon reasonable examination of the goods) shall be deemed to be waived and absolutely barred.

When advising the claim to the Company in writing the following details should be sent:-

Carriers Name

Delivery Note Number

Condition of Packages

Extent of Damage or Shortage

Date Consignment Received

8. TITLE

(a) The goods shall remain the legal property of the Company until fully paid for by the Customer.

(b) Until such time as the Customer becomes the owner of the Goods, he will store them on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the Goods of the Company.

(c) The Customer's rights to possession of the Goods shall automatically cease upon the happening of any of the events specified in Condition 13 below, whether or not the Company terminates the Contract. The Company may for the purpose of recovering its goods enter upon any premises where they are stored or they are reasonably thought to be stored and repossess the same. The Customer grants to the Company an irrevocable licence to enter its premises for such purpose during normal business hours.

(d) If the Customer shall sell the Goods in such manner as to pass a valid title to a third party (notwithstanding that the property in the goods has not passed to him pursuant to Condition 8(a) above, the Customer shall hold the proceeds of sale received from the third party in trust for the Company, and shall not mingle them with other monies or pay them into an overdrawn account, but keep them readily identifiable as the Company's money.

(e) If the Goods the property of the Company are admixed with other goods the property of the Customer or are processed with or incorporated therein, the product thereof shall become and/or shall be deemed to be the sole and exclusive property of the Company. If goods the property of the Company are

admixed with goods the property of any person other than the Customer or are processed with or incorporated therein, the product thereof shall become or shall be deemed to be owned in common with that other person.

(f) Notwithstanding Condition 8(a) above the Goods shall be at the risk of the Customer from the time of collection by or delivery to him of the Goods. In the case of delivery by post or delivery by carrier other than the Company's own transport, delivery shall be deemed to be affected by the posting of the goods or

their delivery to the carrier as the case may be.

9. FORCE MAJEURE

(a) The Company shall not be liable if the supply of goods is hindered or delayed by reason of strikes, sit-ins trade disputes lock-outs or any other actual or threatened industrial action or by difficulty in obtaining

labour plant materials or components (including transport) or by interruption of power supplies or by fire or legal action by any third party (whether or not any of the aforesaid was caused by the negligence of the Company or its servants or agents) or by any circumstance outside the Company's control which shall include but not be limited to war of a civil nature or against foreign enemies intervention by a government department, council or duly constituted authority and all other cases of force majeure.

(b) If the manufacture or delivery of the full quantity of the Goods hereunder is prevented hindered or delayed by reason of any of the circumstances under Condition 9(a) above, then without prejudice to the exemption from liability under Condition 9(a) the Company shall be entitled to apportion the Goods at its discretion between the Customer and other customers of the Company and to deliver the quantity so apportioned to the Customer until such time as the full quantity of the goods can be and is delivered hereunder.

10. SUBSTITUTIONS AND MODIFICATIONS

The Company's policy is to make continual improvements to the quality of the goods. The Company therefore reserves the right without notification to make substitutions and modifications in the specifications of the Goods, provided always that such substitutions and modifications will not materially or adversely affect the performance or efficiency of the goods, but the Company shall not be bound to incorporate any new design or improved or altered features into the Goods after they have been ordered by the Customer.

11. EXCLUSIONS

(a) The Company shall not be liable for any consequential loss arising out of any breach of contract, or in connection with any contract, subject to these conditions. The Company ‘s liability in contract, tort or otherwise shall in no case exceed the invoice price of the goods supplied.

(b) The Company shall not be liable for any loss resulting to the Customer for any delays in delivery (not caused by the unreasonable default of the Company) where the same is wholly or mainly due to circumstances outside the reasonable control of the Company. (Save and except that the statutory rights for consumers

are not affected).

(c) The Customer is deemed to have satisfied himself that the Goods are suitable for the purpose and capable of performing the function and use to which it is intended to put them. In the case of a sale by sample, the Company does not undertake that the bulk shall correspond with the sample in colour, exact dimensions or quality. Any description or illustration in the Company's catalogues, website or other advertising document(s) shall not amount to representations or warranties or form part of the Contract. The servants and agents of the Company have no authority to make representations or give warranties, and such representations or warranties

do not bind the Company. These Conditions shall prevail over any inconsistent terms contained in the Customer's order or in correspondence. Any conditions to the contrary are hereby excluded.

(d) In the event of any defect appearing in the goods within any guarantee period given by the manufacturers; the Company, will on request notify the Customer of the terms of any such guarantees. For the removal of doubt if the Customer has permitted other persons not reasonably approved or authorised by us to

effect any replacement of parts or made any repairs to the items supplied, and such has materially contributed to or caused the defect, the Customer shall be liable.

(e) No swimming pool linings supplied by the Company should be cut in any way for the purpose of fitting faceplates for main drains, skimmers or similar fittings unless the installer is completely satisfied with the eventual good fit of the lining. Should the lining subsequently be found to be irreparable because of such cuts,

even though the lining does not fit the pool through a mistake of the Company's then the Company reserves the right to charge for repair or replacement of the lining if it is damaged beyond practicable repair or modification.

(f) Written confirmation is required before production is commenced on any standard or special sized products. It is the responsibility of the Customer

to confirm the order in writing, complete with all relevant dimensions, colours and thickness of material required.

12. RETURN OF GOODS

(a) In no circumstances may goods supplied against a firm order be returned without the purchaser having first applied for and obtained the written consent of the Company. A handling charge amounting to

20 per cent of the invoice value of the returned goods may be deducted from any credit allowed unless the goods are returned pursuant to the provisions of Clauses 7 or 11 hereof or because of any error on the part of the Company.

(b) In no circumstances may goods supplied against a firm order which have been specially fabricated to a particular size such as swimming pool linings, pool covers and reel systems be returned unless the goods are returned pursuant to the provisions of Clauses 7 or 11 hereof or because of any error on the part of the Company.

(c) In no circumstances will the following perishable items be accepted for restocking: chemicals, test tablets, re-agents, test strips, test kits, adhesives, tiles, glue, unless the goods are returned pursuant to the provisions of clauses 7 or 11 hereof or because of any error on the part of the Company.

13. TERMINATION

In the event of the Customer (including if it is a firm, any partner in the firm) having a winding up petition filed against it (except for the purpose of reconstruction or amalgamation) or having a receiver or manager

appointed or having a bankruptcy petition filed against him or (in the case of a foreign customer) any equivalent insolvency proceedings being commenced, or (in the case of a partnership) being dissolved or making any assignment agreement or composition with creditors or ceasing or threatening to cease to trade or dying or repudiating the Contract or being in breach of any condition of it, the Company shall be entitled (without prejudice to any other rights or remedies) forthwith to terminate the contract, and the price of all goods delivered shall at once become due and payable.

14. WAIVER

The Company's failure to exercise any of its rights under the Contract shall not be or be deemed to be a waiver of its rights or remedies.

15. COMPLIANCE WITH REGULATIONS

It is the responsibility of the Customer to see that the Goods comply with any local bye-laws and regulations (including the requirements of the planning authority).

16. VARIATIONS

In so far as the parties agree to any variations as regards the Goods to be sold, such variations shall be deemed to be an amendment of the Contract and shall not amount to a new contract and shall be in writing.

17. PROPER LAW

The proper law applicable to this contract is the law of England and the Contract is deemed to be made and payment is due at the Head Office of the Company at Wisbech, Cambridgeshire.