Terms and Conditions
“The Company” means LSF Farma Ltd, registered in England No. 08333162
1.1 “Customer” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of or with the authority of such person or entity.
1.2 “Goods” shall mean goods supplied by the Company to the Customer and are as described on the invoices, quotation, sales orders or any other forms as provided by the Company to the Customer.
1.3 “Price” shall mean the cost of the Goods as agreed between Company and the Customer.
2.1 All UK orders placed before 11am will be sent out via royal mail special delivery guaranteed before 1pm or courier for next day delivery. Any orders that are placed after the 11am deadline will be sent out the following working day under the same terms. Europe and overseas please allow between 3 – 5 working days for your products to arrive as standard by courier.
2.2 Delivery of the Goods to a third party nominated by the Customer for this purpose shall be deemed to be delivery to the Customer for the purposes of this agreement.
2.3 Delivery of the Goods shall take place when:
a) the Customer takes possession of the Goods or
b) The Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
2.4 Unless otherwise stated in writing the Customer will be responsible for all costs incurred by the Company (including, but not limited to, storage costs and/or redelivery costs) in respect of the Goods from the earlier of the date of issue of the relevant delivery order or the invoice.
Price and Payment
3.1 The Price of the goods shall be the price quoted by the Company in writing or on the website and accepted by the Customer, The Company reserves the right to withdraw any quotation delivered to the Customer at any time prior to acceptance thereof.
3.2 Payment for the Goods is due immediately or on delivery of the Company’s invoice, unless otherwise agreed by the Company in writing.
3.3 The Company reserves the right at any-time in its absolute discretion to revoke or vary any credit terms extended to the Customer.
3.4 Unless expressly quoted as including VAT, the Price shall be exclusive of value added tax or any other government taxes or duties which, if applicable, shall be paid by the Customer.
3.5 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment); the Company may suspend or terminate the supply of goods to the Customer and any of its other obligations under the terms and conditions and any other contract with the Customer. The Company shall not be liable to the Customer for any loss or damage the Customer suffers, howsoever arising due to the exercise by the Company of its rights under this clause.
3.6 The Company shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to Company shall, whether or not otherwise due for payment, become immediately payable in the event that:
a) any money payable to the Company becomes overdue, or in Company’s opinion, the Customer will be unable to meet its payments as they fall due; or
b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c) a receiver, manager, liquidator, examiner (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
4.1 The Goods shall remain the property of the Company until the entire of the Price and all other debts owing by the Customer to the Company (including interest hereunder) have been paid in full.
4.2 Until such payment has been made the Customer shall have possession of the Goods as bailee only and, if the Company so requires, the Customer shall store the Goods, at no cost to the Company, so that they are clearly identified as belonging to the Company. Furthermore the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for the Company until such time as all monies due to the Company have been discharged.
4.3 The Customer grants to the Company an irrevocable licence to enter upon the premises where the Goods are stored for the purpose of allowing the Company, its servants or agents to remove and recover possession of the Goods or any portion thereof and to resell same, in the event of non-payment of accounts due.
5.1 The Customer shall inspect the Goods on delivery and shall within twenty four (24) hours notify the Company and (where applicable) the carrier, of any alleged defect, shortage in quantity, damage or failure to comply with the description or specification provided to the Company by or in behalf of the Customer. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect, damage, shortage in quantity or dispute with regard to compliance with specification. Time shall be deemed to be of the essence in relation to adherence to any time period referred to in this Clause 5.1.
5.2 Acceptance of notification of a claim should not be construed as an admission of liability.
5.3 The Customer shall afford the Company all facilities required by the Company in respect of the inspection of the Goods, all relevant packaging, the storage facilities for same and the container in which they were delivered.
5.4 Where a Customer intends to make a claim against the Company it must reserve all rights against the carrier of the goods in the form of written communication and by way of endorsement on the commercial transit documents (including where issued the C.M.R. Note.)
6.1 Save as otherwise provided herein all risk with regard to Goods shall pass to the Customer upon delivery.
6.2 Where the Goods are damaged or are defective for any reason, including negligence on the part of the Company, its servants or agents, the Company’s only liability to the Customer, if any, shall be limited to, at the Company’s sole discretion, either replacing the Goods or to the payment of damages up to the contract price of the Goods only.
7. The Company shall not be liable for any default due to any act of God, war, terrorism, inability to secure labour or materials/supplies, strike, lock-out, industrial action, plant breakdown, fire, flood, drought, storm or other event beyond its reasonable control and in such event the Company shall be entitled to treat this contract as being at an end.
8. These Conditions and all other express terms of any contract with the Company shall be governed and construed in accordance with the Laws of the United Kingdom.
9.1 Any instructions received by the Company from the Customer shall only be accepted by the Company on condition that these terms and conditions shall apply to any contract to supply the Goods to the Customer. The placement of an order by the Customer shall constitute acceptance of the terms and conditions contained herein.
9.2 No other terms shall apply to the sale, including any standard conditions of purchase of the Customer, even if they are printed on the written order of the Customer or any other document issued by the Customer.
9.3 The Company reserves the right to review these terms and conditions at any time. If following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change.
9.4 The Company reserves the right to assign all or any of its rights or obligations hereunder or to subcontract all or any part of the performance of its obligations hereunder.
9.5 These Conditions incorporate the International Chamber of Commerce’s official rules for the interpretation of trade terms (“Inco terms”), except where the Inco terms are varied by these Conditions. In the event of a conflict, these conditions shall apply
9.6 The Company contracts with the Customer in the course of business and the Customer shall not in any circumstances to be held a consumer within the meaning of the Sale of Goods and Supplies Services Act 1980.
9.7 The Customer authorises the Company to collect, retain and use information about the Customer within the context of the Data Protection Acts 1998 & 2003.
10.1 A requirement of 24 hours noticed period is needed for cancellation of products. Notification via email or via telephone, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a £40 charge to cover any administrative expenses.
11.1 To the fullest extent permitted by law, Lsf Farma Ltd expressly disclaims and excludes all warranties (express or implied) without limitation, including warranty of quality or fitness for any particular purpose.
12.1 We use Sage Pay to collect and process transaction information – www.sagepay.co.uk/policies/security-policy