Terms & Conditions

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Definitions

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:


“The Company” is NDisplay Ltd trading as Lead & Lemon, Buntings Farm, Pentlow, Sudbury, CO10 7JL and includes all employees and agents of NDisplay Ltd trading as Lead & Lemon.


“The Customer” is any company, organisation or individual to which NDisplay Ltd trading as Lead & Lemon is contracted to supply goods and/or services.


“Goods” (including any instalment of the goods or any parts of them) which are any items that are the subject of any contract between NDisplay Ltd trading as Lead & Lemon and the customer, regardless of ownership.


“Contract” is any written or verbal agreement between the Customer and NDisplay Ltd trading as Lead & Lemon to provide goods and/or services.

 

“Business Day” means any day other than a Saturday, Sunday or bank holiday.

“Commencement Date” means the commencement date for the Contract as set out in the accepted order.

“Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such).

 

“Contract Price” means the price stated in the Contract payable for the Goods;

 

“Delivery Date” means the date on which the Goods are to be delivered as stipulated in the Customer’s order and accepted by the Supplier.

 

“Month” means a calendar month.

 

“Services” means the Services to be provided to the Customer as set out in the accepted order.

 

“These Terms and Conditions” refer to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time.

 

 

HIRE TERMS AND CONDITIONS

  1. Hire Goods remain the property of The Company at all times.

  2. During the hire period, which shall commence from time of delivery and end when the goods are recollected from site, The Customer shall be responsible for the safe keeping and maintenance of the goods to a good and substantial repair and condition.

  3. Any damage caused to hired goods, beyond reasonable wear and tear, will be the responsibility of the customer. Any repair work necessary as a result will be chargeable.

  4. In the event of a total loss, or irreparable damage, of any hire goods for any reason whatsoever, the customer shall be responsible to the Company for the full value of such goods plus the hire charge. It is the Customer’s responsibility to insure against such risk. The period of hire ends only when the Company has accepted each item comprised in the requisition.

  5. Acceptance of this quotation becomes an order and is thus subject to a cancellation fee as shown: Within 14 days of delivery date – 25% of the hire charge is payable. Within 7 days of delivery date – 50% of the hire charge is payable. Within 2 days of delivery date – 100% is payable.

  6. It is the Customer’s responsibility to ensure that adequate access is provided to the Company both upon delivery and collection of hired items, and to ensure that such goods are available for collection at the appointed time. It is the duty of the Customer to provide an authorised representative at the site to accept the Hire items and to give a written receipt of their safe delivery.

  7. It is the Customer’s responsibility to inform the Company of a suitable parking area for deliveries and collections to minimise the risk of parking penalties being issued. In this event – penalty notice costs will be passed on to the customer.

  8. Any complaints that may arise must be reported while our transport team are on site, or sent to our your company contact within 24hrs.

  9. All dimensions quoted are approximate.

  10. Sales literature, price lists and other documents issued by the Company in relation to the Goods and Services are subject to alteration without notice and do not constitute offers to hire the Goods which are capable of acceptance. 

  11. No contract for the hire of the Goods and Services shall be binding on the Company unless the Company has issued a quotation which is expressed to be an offer to hire the Goods and Services or has accepted an order placed by the Customer by whichever is the earlier of: the Company’s written acceptance; delivery of the Goods; provision of the Services; or the Company’s invoice.

  12. Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance  of offer, invoice or other document or information issued by the Company shall be subject to correction without any          liability on the part of the Company.

  13. No order submitted by the Customer shall be deemed to be accepted by the Company unless confirmed in writing by the Company's authorised representative.

  14. Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Company are intended as a guide only and shall not be binding on the Company.

  15. With effect from the Commencement Date the Company shall, in consideration of the price being paid, provide the Services expressly identified in the accepted order.

  16.  Where the Company has quoted a price for the Goods other than in accordance with the Company’s published price list the price quoted shall be valid for 7 days only or the time specified in writing at the time of the quote.

  17. The Company reserves the right, by giving written notice to the Customer at any time before delivery or provision, to increase the price of the Goods and/or Services to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company. This includes but is not limited to any change in delivery dates, quantities or specifications for the Goods and Services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions. 

  18. Prices include VAT and packaging.

  19. Delivery is not included in the initial cost.

  20. Subject to any special terms agreed in writing between the Customer and the Company, the Customer shall pay for the goods a mimium of 2 working days prior to the event. 

  21. All payments shall be made to the Company as indicated on the form of acceptance or invoice issued by the Company.

  22. Delivery of the Goods shall be made by the Company delivering the Goods to a place in the United Kingdom specified in the accepted order.

  23. The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Company in writing. The Goods may be delivered by the Company in advance of the Delivery Date upon giving reasonable notice to the Customer.

  24. With effect from the Commencement Date the Company shall, in consideration of the price being paid in accordance with these Terms and Conditions and the accepted order provide the Services expressly identified in the accepted order.

  25. The Company will make every endeavour to effect delivery and collection of hired items at the time indicated by the Customer but will not under any circumstance be liable for any delay in delivery or collection or for failure to deliver or collect nor for any expense caused to the Customer by such delay.

  26. The Company may assign the Contract or any part of it to any person, firm or company without the prior consent of the Customer.

  27. The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

  28. The Company does not accept any liability for any damage or injury to goods or persons caused by the misuse of the hire furniture.

  29. It is the Customer’s responsibility to ensure that all hired electrical goods are connected to the correct power lines.

  30. The Company shall be under no liability in respect of any defect arising from fair wear and tear, or any willful damage, negligence, subjection to normal conditions, failure to follow the Company’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Company’s prior approval, or any other act or omission on the part of the Customer, its employees or agents or any third party.

  31.  If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:  - cancel the order or suspend any further deliveries or provision of Goods and Services to the Customer;

  • appropriate any payment made by the Customer of the Goods and/or Services (or the goods and/or services supplied under any other contract between the Customer and the Supplier) as the Company may think fit (notwithstanding any purported appropriation by the Customer); and

  • charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 5% per annum above Lloyds Bank plc base rate, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

  •  This condition applies if:

  •  the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;

  • the Customer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;

  • an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;

  • The Customer ceases, or threatens to cease, to carry on business;

  • The Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Customer and notifies the Customer accordingly.

  • The Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of the Contract (or these Terms and Conditions), be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) which arise out of or in connection with the supply of the Goods and Services.

32. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law,            excluded from the Contract.

33. The Customer shall indemnify the Company against all damages, costs, claims and expenses suffered by arising from              loss or damage to any equipment (including that of third parties) caused by the Customer, its agents or employees.

34. The Company shall not be liable to the Customer or be deemed to be in breach of these terms and conditions by reason        of any delay in performing, or any failure to perform, any of the Company’s obligations if the delay or failure was due to            any cause beyond the Company’s reasonable control.

35. Nothing in these Terms and Conditions excludes or limits the liability of the Company: 

  • for death or personal injury caused by the Company’s negligence;

  • for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or

  • for fraud or fraudulent misrepresentation.

  • the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract Price; and

  • the Company shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

 36. Each Party undertakes that

  •  all confidential information shall be kept confidential

  • not disclose any Confidential Information to any other person;

  • not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions and the Contract;

  • not make any copies of, record in any way or part with possession of any Confidential Information.

37. All notices under these Terms and Conditions and under the Contract shall be in writing and be deemed duly given if               signed by, or on behalf of, a duly authorised officer of the Party giving the notice.

38. Notices shall be deemed to have been duly given:

  • when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or

  • when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or

  • All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

39. Force Majeure - Neither Party shall be liable for any failure or delay in performing their obligations where such failure or          delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited        to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of                terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

40.The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and                         Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other         provision.  Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not                         constitute a continuing waiver.

41. The Parties agree that, if one or more of the provisions of these Terms and Conditions or the Contract are found to be                unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of                these Terms and Conditions (and, by extension, the Contract).  The remainder of these and the Contract shall be valid and        enforceable.

42. Third Party Rights - A person who is not a party to the Contract shall have no rights under the Contract pursuant to the              Contracts (Rights of Third Parties) Act 1999.

43. These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom            or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

44. Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the                Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall                  within the jurisdiction of the courts of England and Wales.

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