Terms & Conditions
In these Terms & Conditions (Terms), the following words and phrases shall have the following meanings. “The Buyer” means the person, firm or company who purchases goods from the Company. “The Company” means Laurence Barnett Marketing Ltd. “Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms. “Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer. “Place of Delivery” means the place to which the Goods are to be delivered. In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, re-enacted or replaced from time to time.
2 The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions. Including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or any other document of the Buyer will form part of the Contract.
Any dates specified by the Company for the delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise arising directly or indirectly out of any delay in the delivery of the Goods, nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
4 Risk and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery. Ownership of the Goods shall not pass to the Buyer until the Company has received in full cleared funds for all the sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account. Until ownership of the Goods has passed to the Buyer, the Buyer shall hold the goods on a fiduciary basis as the Company’s bailee, store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property, nor destroy or deface any identifiable mark on the Goods or their packaging, maintain the Goods in satisfactory condition and insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix with any other monies.
The price for the Goods shall be that quoted by the Company, unless otherwise agreed. All prices quoted will be subject to VAT, appropriate at the date of invoicing, and at the rate applicable.
6. Terms of payment
Our terms of payment are as stated on our quotations or any price list sent or forwarded to the Buyer. Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
The Company warrants that the Goods are of satisfactory quality. If the Buyer wishes to to make a claim under this warranty , the Buyer shall give written notice to the Company within 30 days from the date of delivery and give the Company a reasonable opportunity to inspect the Goods in question. The Company shall not be in breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company. The Company’s liability under the warranty shall be limited to repairing or replacing the Good in question or refunding the price of such Goods.
8. Limitation of liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the original price of the goods and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
9. Force Majeure
If either party is subject to an event of Force Majeure, that is to say circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligation under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect. These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
11. Registered Office
Laurence Barnet Marketing Ltd is a privately limited company registered in England & Wales. Registered office and company registration number are Perlin Franco Limited, Trojan House, 34 Arcadia Avenue, London N3 2JU, &, 08845072.
12. VAT Registration
Laurence Barnet Marketing Ltd is registered in the UK for VAT under VAT registration number UK179176760. VAT will be charged at the prevailing rate if & when applicable.