Terms & Conditions
All orders are accepted by the Seller subject to the Terms and Conditions of Sale set out below:
(a) In these conditions:-
(i) The "Seller" means LLOYDS BRITISH TESTING LTD.
(ii) The "Customer" means the person, firm or company with whom the Seller contracts.
All orders for products on the Seller’s website are accepted by Lloyds British Testing Limited, Atlas House, 4-6 Belwell Lane, Sutton Coldfield, West Midlands, B74 4AB, subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by the Seller unless agreed in writing by an authorised signatory of the Seller.
All descriptions of the products contained on the Seller’s website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between the Seller and the Customer. The Seller may correct any errors in its website without liability to the Customer. The advertising of products and services in the Seller’s website merely constitutes an invitation by the Seller for the Customer to make an offer to purchase products and services..
Lloyds British Testing Ltd is a business-to-business supplier. The seller’s website is intended for use by business customers and not for consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
The prices of the products and services are as set out in the seller’s website that is current at the date of despatch. Products which are not stocked will be sold at the prices set out in the relevant quotation supplied by the seller. All prices exclude VAT, which will be added at the rate applicable at the date of despatch. The seller reserves the right to change them without prior notice at any time.
The seller reserves the right to decline to trade with any company or person. In addition, the seller may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by the Seller of the order.
The seller executes orders to the Customer’s requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on back order to be fulfilled when the seller next has available stock or be cancelled.
The Seller will aim to deliver products in accordance with the Customer’s order. The Customer’s delivery options, and the prices for them, are set out in the seller’s website current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed.
Times and dates for delivery quoted in the seller’s website or by the seller’s employees are approximate only and the Seller shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
If any delivery is late, the Customer must notify the Seller, and the Seller will endeavour to ascertain if the product has been delivered, and if not, the expected delivery time of the product to the Customer. The Seller may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable the Seller may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery, give notice to the seller in detail of:
- Any defect in the product that is apparent on reasonable examination. In this case the Seller shall, at the Seller’s discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
- Any shortfall in products delivered. In this case the Seller shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
- Any delivery of products not in accordance with the order. In this case the Seller shall, at its discretion, replace the products or refund the purchase price;
- Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case the seller shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. The Seller's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. The Seller shall not be liable for any losses, consequential or otherwise, arising from these circumstances.
If the Seller has not granted credit to the Customer, payment terms are cash with order.
Credit terms (subject to satisfactory references) are available. If credit has been granted, the Customer shall pay the price of the product or service by within 30 days of the date of the Seller’s invoice. All payments must be made without any set-off, deduction or counterclaim.
The Seller shall be entitled to interest on any amount outstanding after the due date for payment at the rate of 4% above the base rate of Lloyds Bank Plc then in force
Until payment in full has been received for all goods, work and materials comprised in the contract the legal and beneficial ownership of the goods and materials comprised in this Contract shall be retained by the Seller notwithstanding that the risk in the same shall pass to the Customer at the time of delivery and the Customer shall then be responsible for insurance thereof. The Customer shall hold the goods and materials as bailee and in a fiduciary capacity for the Seller and shall at all times take proper care of the goods and materials and keep them in such manner that they may be clearly identified as belonging to the Seller. The Customer shall at his own expense return the goods and materials to the Seller if he receives a request so to do. The Seller may at any time enter the Customer’s property to verify the Customer’s compliance with these requirements or to remove the goods or materials and if necessary may remove locks or bolts or other obstructions to gain access thereto.
The Seller reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any of the Seller’s website.
Unless otherwise confirmed, nothing in any the Seller’s website is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
a (i ) The Seller's liability in respect of any defect in or failure of goods or materials supplied, or for any loss, injury or damage attributable thereto is limited to refunding the value of the goods or materials in question or making good by replacement or repair at its option, defects or failure which under proper maintenance use or conditions of storage appear within a period of 12 calendar months after delivery or completion of the Contract or the due date for delivery or completion (when delivery or completion is delayed by the Customer) whichever is the earlier.
(ii) The Seller shall not be bound by the warranty set out in sub-paragraph 9 (a) (i) if the defect has been caused by:-
(A) carelessness, improper treatment or any wilful act or omission including inadequate lubrication or by any omission to comply with any instructions given by the Seller or
(B) any use of the goods or materials with any other goods or materials otherwise in accordance with the Seller's specification.
(iii) It shall be a condition precedent to the Seller's liability under this warranty that the defective item is immediately returned to the Seller carriage paid upon being found defective or if that is not practicable immediate notice in writing of the defect is given to the Seller and the Customer permits the Seller's servants and/or agents to inspect the same. Thereafter the Seller shall be given a reasonable period in which to complete the necessary repair or deliver the replacement.
(iv) The Seller shall not be liable for the cost of carriage or removal of the defective item or the cost of fitting a replacement.
(v) Notwithstanding the other provisions of this warranty if the defective item was not manufactured by the Seller the Customer shall only be entitled to the benefit in so far as they may be transferred to the Customer of any rights which the Seller may have against the supplier of such parts or components in respect thereof. Notwithstanding the other provisions of these conditions the Seller's liability in respect of such items shall be limited to making the benefit of such rights available to the Customer to the extent aforesaid.
(b) The Seller's liability under this warranty shall automatically cease if:-
(i) The Customer shall not have complied with the payment terms referred to in paragraphs 6 and/or 7 of these conditions.
(ii) The Seller's servants and/or agents are denied access to the defective item.
(iii) The Customer permits others to attempt any repair or replacement of defective items or work done.
(c) The warranty set out in paragraphs 9 (a) and (b) of these conditions or undertakings whether express or implied by statute, or otherwise howsoever which warranties, conditions and undertakings are (subject to section 6 (i) of the Unfair Contract Terms Act (1977)) expressly included.
(d) Save for liability for death or personal injury arising from the Seller's negligence or for liability arising under the Consumer Protection Act 1987 (which if proved is not excluded) the Seller's obligation to refund or replace as aforesaid shall constitute the full extent of the Seller's liability in respect of any loss or damage sustained by the Customer whether caused by any breach of the Contract or by misrepresentation or by the negligence of the Seller its servants or agents or arising from any other cause whatsoever and the Seller shall not be liable for any consequential, economic, direct or indirect loss suffered by the Customer arising therefrom.
(e) Notwithstanding sub-clause (d) above the Customer shall, except where he is a person who suffers personal injury or death or loss or damage to property such as to give rise to a claim under the Consumer Protection Act 1987, indemnify the Seller against all loss, damage, liability, legal fees and costs arising from any such claim made against the Seller under the Consumer Protection Act 1987.
(f) Notwithstanding the provisions of this warranty if the Customer is a consumer as defined by Section 12 of the Unfair Contract Terms Act 1977 nothing herein contained shall operate, exclude or restrict any liability for breach of such obligations as are mentioned in Section 6(2) of the said Act.
The Customer may not cancel orders once accepted by the Seller. The Seller may, at its discretion and in writing, allow an order to be cancelled subject to the Seller recovering from the Customer the costs incurred by the Seller.
The customer may only return products to the Seller, and receive a credit or refund, on the following conditions:
- The Customer must contact the Seller and obtain the prior consent of the Seller and obtain a returns number (to be quoted on all returned paperwork).
- Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to the Seller in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale.
- The Customer must follow any specific instructions which appear in this website or with any product regarding its return to the Seller.
- The Customer must quote the invoice details or the Seller’s reference number on the Seller’s Customer Returns Form from the original despatch note, otherwise the credit will be based upon the lowest sales price.
- For products returned due to Customer error or no longer required and returned in accordance with (i) - (iii) above a handling charge will be applied. This handling charge is set out in the Seller’s website.
- Where the Customer returns products to the Seller’s not in accordance with (i) - (iii) above (for example, after 30-days from the date of despatch or in an unfit state) the Seller will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out in the Seller’s website).
Products to be returned to the Seller must be adequately packed and despatched freight prepaid, clearly labelled to: CUSTOMER RETURNS DEPARTMENT, Lloyds British Testing Ltd, Albion Road, West Bromwich, West Midlands, B70 8AX, using the address label on the reverse of the despatch note.
The Seller shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes). Have no liability to the Customer for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
The Customer acknowledges that the Seller and its licensors own the intellectual property rights in the Seller’s catalogues and the website content, and that their whole or partial reproduction without the Seller's prior written consent is prohibited.
The contract between the Seller and the Customer shall be governed by and interpreted in accordance with English Law and the Customer submits to the jurisdiction of the High Court of Justice in England, but the Seller may enforce the contract in any court of competent jurisdiction.