Lomart Ltd – Standard Terms and Conditions of Sale
In these Conditions the following terms shall have the following meaning:
1.1. Buyer means the person whose order for Goods is accepted by the Seller.
1.2. Seller means Lomart Ltd - company registered in England under no. 2614912.
1.3. Goods means the goods supplied by the Seller to the Buyer including parts or components incorporated in them.
1.4. Contract means any contract between the Seller and the Buyer for supply of Goods.
1.5. Conditions means these Standard Terms and Conditions of Sale
2. Basis of Sale
2.1. These Conditions shall govern all orders received by the Seller to the exclusion of any other terms and conditions and supersede and replace all previous terms and conditions. No variations to these Conditions or representations are binding on the Seller unless confirmed in writing by one of the Seller’s Director. By placing the order with the Seller the Buyer constitutes its acceptance of these conditions.
3. Data Protection and Confidentiality
3.1 The Liftmate Direct website is protected by Secure Socket Layer System technology and any information obtained online is encrypted and fully secure.
3.2. The Seller only collects information necessary to fulfil orders. The Seller shall never let any third party access this information.
4.1. All prices are subject to V.A.T. at the current rate where applicable.
4.2. Orders totalling less then £150 + VAT are subject to a £15 delivery surcharge.
5.1 All orders placed with Lomart Ltd. are subject to stock availability. Where goods are temporarily out of stock we will endeavour to contact you so that you may choose between a refund on the item, having it shipped when it is back in stock or selecting an alternative product.
6 Payment Terms
6.1. The Buyer can pay for Goods by most major credit and debit cards online. All data is encrypted using the Secure Socket Layer System and as such is fully protected. Other payment methods such as BACS, CHAPS, cheque before delivery or cash are to be agreed with the Seller by phone, fax or email.
7. Risk and Ownership
7.1 The risk in the Goods shall pass to Buyer on delivery.
7.2 However, the ownership of the Goods shall remain with the Seller who reserves the right to dispose of the goods until payment in full for all the Goods has been received by the Seller, or until such time as the buyer sells the goods to its Buyers by way of bona fide sale at full market price.
7.3 The monies received for such sale shall be held by the Buyer as trustee for the Seller and the Buyer shall forthwith upon payment being received for the Goods pay to the Seller the monies due to the Seller for the said Goods.
8. Claims Procedure
8.1 Any claim for non-delivery of any of the Goods despatched by the Seller shall be notified in writing by the Buyer to the Seller within seven days of the date of the Seller's invoice.
8.2 The Buyer must examine the Goods at the time of delivery. The Seller will not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note. No claims in respect of Goods allegedly damaged in transit or lost will be accepted by the Seller if the carrier has been given a clear receipt for the Goods by the Buyer.
8.3 Any claim that any of the Goods have been delivered damaged, are not of the correct quantity, or do not comply with their description, shall be notified in writing by the Buyer to the Seller within three days of the delivery of the Goods, or in the case of any defect which is not reasonably apparent on inspection within seven days of the delivery of the Goods.
8.4 The Seller shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the Buyer shall (if so requested in writing by the Seller) promptly return any of the Goods subject to any claim securely packed in their original container and carriage paid to the Seller for examination.
9. Returns Procedure
9.1 If the Buyer is for whatever reason unhappy with the Goods or has ordered an incorrect model by mistake he can return the incorrect Goods within 7 days from their receipt.
9.2 Before any return, the Buyer must inform the Seller in writing about reasons for return of Goods. The Seller will issue a Return Number and only after receipt of this number can the Goods be sent to Seller’s premises. The Return Number must be clearly marked on the outer packaging as well as on the delivery note.
9.3 The Seller reserves the right to charge the Buyer cost connected with carriage and repair of the returned Goods plus a restocking fee.
10. Health and Safety at Work Act 1974
10.1 The Buyer shall ensure that the Goods will be properly and safely used in accordance with current health and safety regulations. In particular, the Buyer shall examine the goods to establish whether they are safe to use in the condition in which they are delivered. The Buyer is obliged to use the Goods within their intended purpose and in accordance with the Instructions for Use. The goods must be regularly checked and serviced and must not be used if any fault is found. The Buyer undertakes to provide schooling for the operators of the Goods where necessary.
11. Force Majeur
11.1 The Seller shall not be liable for any failure in the performance of any of its obligations under the Contract caused by factors outside its control.
11. Law and Jurisdiction
11.1 The Contract shall be governed by the laws of England and both the Seller and the Buyer agree to submit to the non-exclusive jurisdiction of the English courts.