Conditions of Use

Conditions of Use 1. SAVE for any variation permitted by this clause all the terms of the contract between the Customer and the Company ("The Contract") for the supply of goods ("the Goods") arising from this document shall govern the Contract to the exclusion of any other terms and conditions and no variation to the terms and conditions in this document shall be binding unless agreed in writing between the Customer and Company. 2. Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in the delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Company in writing. The goods may be delivered by the Company in advance of the quoted date upon giving reasonable notice to the Customer. 3. ALL invoices are NET and subject to any agreement in writing between the Customer and the Company are payable not later than 30 days from the date of invoice by approved account customers. 4. Time for payment shall be of the essence of the Contract. 5. Without prejudice to any other rights of the Company if the Customer fails to pay the invoice price by the date specified herein the Customer shall pay interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgement) on a daily basis at the rate of 4% p.a. over the base rate and shall reimburse to the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount and the Company shall be entitled to cease or suspend work on any or all other contracts which it has with the Customer. 6. The Company shall have no liability to the Customer (other than liability for death or personal injury resulting from the Company's negligence) in respect of any defect ( whether latent or patent) in respect of all or any of the goods nor for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except in accordance with this term. 7. Under no circumstances shall the Company be liable for any claim made by the Customer for any consequential or economic loss or damage. 8. Upon delivery of the goods the risk shall pass but the goods shall remain the property of the Company until such time as the Customer shall have paid to the Company all monies due under the invoice for these goods, or any other invoice from the Company. The Customer acknowledges that until such time he is in possession of the goods solely as bailee for the Company and if so required shall store the goods separately from his own goods and in such a fashion as to be readily identifiable by the Company. 9. If the Customer shall commit any breach of the Contract or become insolvent or unable to pay its debts or commit any act of bankruptcy or (begin a Limited company) go into liquidation other than the voluntary liquidation for the purpose of amalgamation or reconstruction only or have a receiver appointed over its undertaking or assets or a substantial part thereof or have an execution levied upon its goods or assets the Company may without prejudice to any other right or remedy which the Company may lawfully enforce or exercise: Without notice suspend or determine the Contract and stop any of the goods in transit and whereupon the Customer shall place the goods and new products at the disposal of the Company and permit the Company or its agents to enter upon any property for the purpose of removing such goods and new products such permission to include severance where necessary from reality. 10. The Company reserves the right to make any changes in the specification of the goods which are required to confirm with any applicable safety or other statutory requirements or where the goods are to be supplied to the Company's specification which do not materially affect their quality or performance. 11. The Contract shall be governed by English Law and parties hereto consent to the non-exclusive jurisdiction of the English Courts in all matters regarding the Contract. 12. THE following expressions have the following meanings: "The Company": Laurhyka "The Customer": the party who contracts with the Company for the sale of the goods by the Company NOTHING IN THE TERMS SHALL AFFECT IN ANY WAY THE STATUTORY RIGHTS OF THE CUSTOMER WHO DEALS AS A CONSUMER (AS DEFINED IN S12 (1) UNFAIR CONTRACT TERMS ACT 1977
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