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Terms & Conditions

Terms & conditions of sale

To be read in conjunction with our terms & conditions of warranty.

Definitions

“The Company” shall refer to Lloyds Storage Beds
“The Customer” refers to the person, firm or company with whom or with which the Company Contracts subject to these terms and conditions.
“Contract” refers to the Contract made or to be made between the Company and the Customer subject to these terms and conditions.
“Products” shall mean any articles, products, products or services to be supplied (whether on hire or by sale) by the Company to the Customer under Contract

1 Conditions of sale apply


The Company’s conditions of sale shall apply to and govern any Contract between the Company and the Customer to the exclusion of any condition contained on or in any order form letter, receipt acknowledgement, or other document emanating from the Customer and no variation of these Terms and Conditions shall be effective unless expressly agreed by the Company in writing.

2 Description

2.1 The Company reserves the right to make without notice to the Customer any improvement or alteration in the drawings, material, specification and dimensions of the Products which it thinks reasonable or desirable or which it is required to make by law and such improvements or alterations shall not affect the validity of the Contract
2.2 It shall be the responsibility of the Customer immediately to give the Company upon signing information required to proceed with the Contract. The Customer is deemed to have considered the Products are sufficient and suitable for the purpose or purposes intended.

3 Quotation / order


3.1 Any quotation provided by the Company, whether written, oral or on the internet shall be deemed to be an invitation to treat and not an offer. The placing of any order, whether written, oral or on the internet shall constitute an offer by the Customer and no acceptance shall be binding upon the Company and no Contract shall come into existence until the Company shall have accepted the Customer’s offer in accordance with the Contract.
3.2 Any quotation provided by the Company is valid for a period of 14 days from the date of the quotation unless the Company provides written notice to the Customer that the quotation is withdrawn. The Company reserves the right to increase the price if required after that period.
3.3 Quotations are based upon the costs of materials, labour, sub-Contracts, transport, taxes, duties and currency exchange rates ruling at the date of the quotation. Quotations may be subject to revision and the Company reserves the right to revise such quotation either to take account of any variation in such costs or the imposition of any new taxes or duties occurring or to revise the quotation due to the additional work or modifications required by the Customer. The Customer will be notified in writing of any such revision.
3.4 The price payable will be inclusive of VAT, delivery and insurance. Unless expressly stated otherwise upon the quotation.

4 Terms of payment

4.1 Payment shall be made in full upon placement of order in GB pounds via Debit Card transaction throught Lloyds Storage Beds payment gateway.

5 Delivery


5.1 The Company shall notify the Customer of the date upon which the Products will be delivered (“the Delivery Date”) and the Company shall deliver the Products to the address provided by the Customer.
5.2 Any Delivery Date given by the Company to the Customer shall be an estimate only. Time shall not be of the essence and the Company shall not be responsible for late delivery or failure to deliver through any cause which is beyond the control of the Company.
5.3 Unless otherwise agreed in writing the Customer shall be bound to accept Products ordered by him on being notified by the Company that they are ready for delivery.
5.4 If the Customer fails to take delivery at the time required by the Contract the Company shall be entitled without prejudice to any other rights it may have to either treat the Contract as at an end and charge at rates giving an economic return for the handling and storage of Products from the delivery date to the eventual date of delivery to the Customer or disposal elsewhere as the case may be and the Customer shall be liable to pay any premium in respect of the insurance of such Products from the date on which he is notified that the Products are ready for delivery.

6 Risk


6.1 All Products shall become the Customer's risk as from the date of delivery or attempted delivery to the Customer or the Customer’s agent.

7 Retention of Title


7.1 Products which are the subject of a Contract between the Company and the Customer shall remain the sole and absolute property of the Company as legal and equitable owner until payment of all sums due to the Company from the Customer on any accounts whatsoever have been received in full by the Company.

8 Liability


8.1 In any case where it is established to the satisfaction of the Company that there has been a short delivery or that the Products have been damaged (whether wholly or in part) prior to delivery the Company will replace them provided that the Products are examined by the Customer immediately upon delivery and any complaint by the Customer of short delivery or damage to the Products shall have been notified to the Company immediately upon delivery and confirmed in writing within 2 days of the Delivery Date.
8.2 In any case where it is established to the satisfaction of the Company that when delivered Products contained some defect in quality or description the Company may (entirely at the Company’s discretion) assign to the Customer the benefit of any express guarantee or warranty received by the Company from the manufacturer or supplier of the Products, failing which the Company will:-
8.2.1 Replace the Products without further charge, or
8.2.2 Accept the return of the Products and credit the Customer with the price thereof, or
8.3 The Company will not be liable to the Customer for any loss or damage suffered and without prejudice to the generality of the foregoing any implied term, condition or warranty statutory or otherwise as to the quality of the Products sold or their fitness for any particular purpose or as to their correspondence with any description or sample is hereby excluded to the fullest extent permitted by law and if any provision is held to be invalid then the remainder of these provisions shall continue to apply.
8.4 The Company shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in the Contract.
8.5 The Company’s entire liability shall in any event be limited to the value of the Contract.

9 Installation

9.1 All installation start dates and length of time quoted for the installation are approximate. The Company will ensure that they complete the installation of the Products within a reasonable time. It is an express condition of this Contract that time shall not be of the essence.
9.2 The Customer agrees to given free and adequate access to the Company’s installers to carry out installation of the Products upon request.
9.3 The Customer shall ensure that such necessary re-routing of electrical and plumbing installations or equipment or supplies are carried out and completed before the installation of the Products commences and at the Customer’s own cost. It is the Customers responsibility to inform the fitter at the commencement of installation the position of any cables or pipes that remain within the area of installation. The Company can not accept any responsibility for damage howsoever caused.
9.4 Upon confirmation from the Company that installation is due to commence, If the Customer does not give access to the Company within 14 days then the Company will notify them in writing that the Products are ready for installation and that the Customer is liable to pay the Company the full outstanding balance of the Contract within 7 days of the date of the letter.
9.5 The methods of installation of the Products are totally at the discretion of the Company.
9.6 The Company will reasonably ensure that all necessary action is taken to avoid damage to decoration and other items that may be left outside or in the property, but the Company cannot accept any liability for the damage caused.
9.7 The Customer must ensure that all paths, driveways and passageways located at the property are kept completely free from any and all obstructions.
9.10 The room in which the bed is to be installed must be clear of obstructions as to not endanger the health and safety of the Company’s employees.
9.11 Any alterations to be made to the Products supplied after installation shall only be undertaken at the agreement of the Company in writing. The Customer will be liable for all costs and charges in connection with all further work carried out by the Company. The Company will submit an invoice for payment prior to commencement of the work.
9.12 The company will not be liable for any costs for any alterations or works undertaken by a third party on the products. The customer must obtain the company’s agreement in writing for any work to be undertaken by a third party or the guarantee will become null and void. The customer must not ask our installers/fitters to do any work over and above the initial contract without contacting the company for a quotation. If this procedure is not adhered to you will be invoiced for the extra work asked for. The additional work will only be covered by our guarantee if the work is authorised by the company.

10 Consequential loss


10.1 Without prejudice to the generality of the foregoing provisions the Company shall not in any event be liable to the Customer in Contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.

11 Termination


11.1 The goods ordered under the agreements are purpose made specifically for the customer, and any cancellation of this agreement may incur cost penalties, the minimum cost penalty will represent 10% of the total order value to cover reasonable administration costs. Instructions by the customer to terminate agreements must be received in writing. The penalty will be more if goods have already been manufactured, In which circumstances the cost shall be up to a maximum of 90% of the total order value. The company may terminate the contract at any time if the customer is in breech of the company’s payment terms and may seek compensation for any costs incurred. The company may also cancel the contract if in the opinion of the company the property or its access is not suitable for installation of its Lloyds Storage Bed. The company shall not be liable to the customer for any costs the customer may have incurred.


12 Guarantee


12.1 Both workmanship and materials are covered by a full comprehensive guarantee excluding wear and tear, see warranty page terms and conditions.

The following however are also excluded:
12.2 The Company cannot be responsible for any damage caused by condensation or damage to surface materials by heat or chemical attack.
12.3 Save where the products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties and liability are excluded to the fullest extent permitted by law.
12.4 Any claim by the Customer which is based on any defects in the quality or condition of the Products or their failure to correspond with the specifications shall (whether or not delivery is refused by the Customer) be notified to the Company in writing within 7 days from the date of delivery or if installation has taken place 7 days from the date of installation. Where the defect or failure was not apparent upon reasonable inspection then within a reasonable time after discovery of the defect or failure.
12.5 Damage to products in use in an environment where wire free equipment is in use.

13 Material


The Company reserves the rights to substitute materials of any equivalent value and /or quality and/or design.

14 Value Added Tax


14.1 Value Added tax will be charged at the rate subsisting on the date of the Invoice.

15 Force Majeure

15.1 The Company shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the Company’s control

16 General


16.1 If any provision or term of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

17 Law

17.1 These terms and conditions are governed by and are to be construed in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.

18 Third party rights


18.1 The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Contract.

19 Notice


19.1 Any notice required to be given by the Customer in accordance with the Contract shall be shall be in writing to the head office address.
19.2 Any notice that required to be given to the Customer in accordance with the Contract shall be in writing at the correspondence address confirmed upon placing the order.

20 Alterations


20.1 Alterations to the order may incur additional costs for which the customer will be liable. Alterations will only be made to the order if the company is informed at least 14 days before the commencement of installation. Verbal communication will not be accepted without written confirmation.

21 Refunds


21.1 We are confident that you will be delighted with your Lloyds Storage Bed. In the unlikely event that you should wish to cancel, we are pleased to offer a seven-day cooling off period, commencing after initial on-line payment.
This means you have the right to cancel your order within seven working days and receive a full refund; you will need to do this in writing or via e-mail to sales@lloyds-industries.co.uk

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