Terms and Conditions - as of September 2018
You should read these Terms and Conditions before placing any purchase orders with us.
Purchases can only be made by agreeing to these terms and after an account form has been submitted and approved by us.
These Terms and Conditions will be applied to all purchases.
An exclusion or variation of these Terms and Conditions will not be effective unless agreed in writing in advance by us.
You acknowledge that you do not rely on any representations made by the Employees or Agents of Lionvest Trading (UK) Ltd.
Any estimate of quantities needed, advice given or recommendations as to the suitability or performance of any goods for any purpose given by the Employees or Agents of Lionvest Trading (UK) Ltd is given without any liability on our part.
If any provision or part of a provision of these Terms & Conditions is found by any court, or other body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable or unenforceable then such provision or part thereof shall be deemed severable and the remaining provisions of the Terms & Conditions and the remainder of such provision shall continue in full force and effect.
These Terms & Conditions do not affect your statutory rights.
We shall be under no liability for any loss, damage, delay or expenses caused wholly or in part by natural disaster, outbreak of war, civil commotion, governmental policies or restrictions or control, including restrictions of export or import or other licenses, trade or industrial disputes of whatever nature, whether or not such dispute involves us, our employees or agents, or by any other event whatsoever which is beyond our control, and in any such circumstance, we may omit goods from, or cancel, your order, or postpone delivery of the goods ordered.
By placing and order with us you are accepting that these Terms and Conditions apply to your order.
We require all orders to be in a written format, either through email or an official purchase order with the company details and logo present.
All orders are subject to stock availability.
We reserve the right to reject any order for any reason.
The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the current rate applying at the time of delivery.
Our quotations and price offers become null after 28 days. (Unless otherwise stated).
The price quoted does not include delivery or picking charges (unless otherwise stated).
Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our current price at the time of delivery. We reserve the right to withdraw a price quoted at any time before it has been accepted by you.
At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
Any typo or clerical omission in any sales literature, quotation, price list, invoice or other document or information issued by us shall be subject to correction without liability on our part.
Terms of Payment
The agreed terms are a fundamental feature of the contract and will always be complied with Accounts. operating outside these terms will be charged interest at a rate of 2% per month.
Accounts continuously overdue will have credit facilities withdrawn.
Credit Card payments will be subject to a 3% Processing Fee.
New proforma customers will be required to pay only by bacs for their first 3 orders at which point we will permit payment to be made via other methods. (Subject to Financial Controller).
We warrant that the goods: Comply with their description on our order confirmation form; and are free from material defect at the time of delivery (as long as you comply with clause 7.3).
We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
If you believe that we have delivered goods which are defective in materials or workmanship, you must: Inform us (in writing), with full details, as soon as possible; and Allow us to investigate (we will need access to your premises and product samples).
If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 7.3) in full, we will (at our option) replace the goods or refund the price.
We do not fit or lay flooring and therefore any claim arising from badly laid or incorrectly fitted flooring will be the responsibility of the floor fitter engaged by you.
We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
Delivery dates or times mentioned on product delivery information or acknowledgement of order or elsewhere are approximate and not of contractual effect and we shall not be liable to you for any failure to deliver on any particular date or dates, or at any particular time, nor shall time be made of the essence by you giving us notice.
Delivery will occur when you take possession of the goods or when the goods are ready for unloading at the delivery address.
Where we, or our agents, deliver to site it is on the understanding that there is a suitable road to the point on the site where delivery is requested. If no such road exists delivery will be made to the nearest point to which, in the opinion of the driver, the vehicle can safely proceed and unload. Deliveries are to the kerbside only. You will provide all necessary labour and equipment required to unload materials promptly and will indemnify us against any cost, claim, loss or damage arising from unloading and or delivery save insofar as such claims, costs, losses or expenses relate to liability for death or personal injury.
All deliveries of plywood without exception require a forklift to be unloaded.
If you keep our delivery vehicle waiting for an unreasonable period of time or if we are obliged to return without affecting delivery a justifiable additional charge may be made that reflects the additional cost to us.
If you refuse or fail to take delivery of goods tendered in accordance with your order or we are unable to deliver the goods because you have not provided appropriate instructions you shall pay us any additional costs or carriage incurred by us.
All deliveries must be received and signed for by a person over the age of 18.
The responsibility of the goods shall pass to you upon delivery.
If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract.
You may not cancel if we receive your notice after the goods have been dispatched and If you cancel the contract, you can have no further claim against us under that contract.
If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss or increase in the price of the goods).
All deliveries are to kerbside only.
Carriage and Picking Charges
All orders that are less than a full pallet or below £2000 worth of goods of are subject to a delivery charge of between £50.00 – £100.00 depending on location.
Bespoke orders from Europe may be subject to additional delivery costs.
Deliveries requested to be ‘Morning/AM’ deliveries will be subject up to a £15.00 surcharge
Deliveries where a forklift cannot be provided, and so will need to be removed by the customer by hand, will be subject up to a £30.00 surcharge
Any deliveries that are either damaged or not containing the correct quantity of goods must be signed as such on the POD. We must then be notified in writing with a copy of the POD within two days (preferably by fax or email). If this is not adhered to no claim will be entertained by us.
Settlement of any claim will be limited to the value of the goods.
Credit damages cannot be issued, in certain cases, until goods have been returned to us.
Goods supplied as ordered and cannot be returned to us except with prior agreement.
The customer will need to return the goods by their own arrangements at their own cost.
A restocking charge of 15% shall be levied.
All returned goods must be suitably wrapped, strapped and protected for transportation prior to requesting there return. Goods not handle in such a way will not be credited.
In event of the goods being damaged on route to us during the returns arrangement, the customer will be required to provide documentation signed by the collection driver, confirming that they were collected in good condition.
If the goods you return are not in a fully resalable condition we reserve the right to refuse a refund on the goods.
Bespoke items ordered on behalf of customers are not returnable under any circumstances if delivered as per order.
Matters Beyond our Control
We shall be under no liability for any loss, damage, delay or expenses caused wholly or in part by war, civil unrest and commotion, governmental policies or restriction or control, including restrictions on exports and/or imports or other licenses, trade or industrial disputes of whatever nature, whether or not such a dispute involves us, our employees or agents, or by any other event whatsoever which is beyond our control, and in any such circumstance we may omit goods from or cancel your order or postpone delivery of the goods ordered.
Measure and Images
We may supply all or any of the goods to either metric or imperial size to the nearest equivalent measure and goods may be charged in metric measure to allowing for conversion.
Where fine or especial tolerances are required in the goods supplied, no liability shall attach to us unless such fine tolerances are notified in writing to us at the time of order and we have acknowledged in writing that we are prepared to accept such an order.
Images contained on our website and within marketing material may vary from the actual product. Please check the product description and additional information for more details on the item. If the product information is unclear, please contact us for further information.
Nothing in these Terms & Conditions shall limit or exclude our liability for: Death or personal injury resulting from our negligence or the negligence of our employees, agents or subcontractors. Fraud or fraudulent misrepresentation. Defective products under the Consumer Protection Act 1987. Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
We shall not be liable for any consequential, indirect, economic or special loss or for any loss of profits, loss of business, loss of revenue, loss of goodwill or loss of anticipated savings whether arising from breach of contract, tort including negligence, breach of statutory duty, misrepresentation or otherwise.
Title and Ownership
Title to the goods shall remain vested in Lionvest Trading (UK) Ltd (notwithstanding their delivery and the passing of risk therein to the buyer) until the price of the goods, and any other obligation, has been paid, in full or discharged.
Package and Waste
You will be solely responsible for the disposal of any waste arising from the goods and will comply with all applicable laws, regulations and waste management licences relating to such waste.
You will indemnify us against all costs, claims, liabilities and expenses incurred by us arising from or in connection with any breach by you of this clause.
Health and Safety
Certain products sold by us could if incorrectly used, give rise to risks to health and safety. Information in respect to such products is available from us.
You undertake to us that you ensure compliance so far as is reasonably practicable by your employees, agents, licensees and customers with any instructions given by us or the manufacturer for the purpose of ensuring that the goods will be safe and without risk to health when properly used and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of person handling, using or disposing of them.
The goods supplied are unique in grain, texture and colour and therefore any samples provided may not accurately represent a finished installation.
We reserve the right to make any changes in the specifications of our goods which are necessary to ensure they conform to any applicable safety or other statutory requirements.
We also reserve the right to make without notice any minor modifications in our specifications we think necessary.
The goods supplied are subject to a length and width tolerance of plus or minus 5mm.