Terms and Conditions
LINEAR STORAGE SOLUTIONS LIMITED TERMS AND CONDITIONS OF SALE
1. GENERAL
In these terms and conditions of trading “Linear” means Linear Storage Solutions Limited. “The Customer” means the customer to whom Linear agrees to supply goods. “Goods” mean any goods supplied by Linear to the customer. These terms and conditions shall apply to all contracts entered into between Linear and the customer unless agreed to the contrary in writing by an authorised officer of Linear. Unless otherwise agreed in writing by Linear (the supplier) these conditions which supersede any earlier sets of conditions appearing in the supplier’s catalogues or elsewhere shall override any terms or conditions stipulated incorporated or referred to by the buyer whether in the order or in any negotiations and all guarantees warranties or conditions (including any conditions as to quality or fitness for any particular purpose) whether express or implied by statute common law otherwise are excluded and hereby negatived.
2. ORDERS
All orders are subject to the availability of the goods and to written acceptance by Linear. Any prior indications by Linear by telephone facsimile E-mail or verbally shall be provisional only. Limited stocks means that certain goods may only be available on a first come first served basis. Linear shall not be liable for the unavailability of any goods.
3. PRICES
Prices are intended to provide an indication as to the price range of the goods offered by Linear and no variations shall give rise to a claim against Linear. Linear reserves the right to pass on to the customer any increases or decreases in the cost of providing the goods that occur. All prices quoted are exclusive of VAT at the standard rate.
4. MANUFACTURERS SPECIFICATION
The customer recognises that Linear is only a distributor of the goods. Although Linear will try to notify the customer of any variations in specification of which it is aware the customer accepts that Linear cannot be accountable for the consequences of any such variations made by the manufacturer or any shortage of supplies.
5. DELIVERY
5.1 Dates and times quoted by Linear for delivery are estimates and any delay in meeting delivery dates will not give rise to a right to cancel the order or a right to any form of compensation or damages.
5.2 Offers for goods ex-stock are subject to the goods being unsold at the time of receipt of the customers order.
5.3 Linear reserves the right to make part deliveries. Any request by the customer for Linear to delay or split delivery may result in a stockholding charge and any additional costs incurred by Linear being debited to the customer.
5.4 The customer must check the goods before use or resale and in any event within the time limit specified in clause (11), no liability can be accepted for the consequential loss arising from a breach of this condition.
6. PAYMENT
6.1 Orders placed on the website are subject to immediate payment.
7. FORCE MAJEURE
Linear shall not be liable for any loss whatsoever suffered by the customer in the event of cancellation of the agreement to supply the goods if the supply of such goods would be illegal, contrary to manufacturers conditions of sale or impossible for Linear to perform.
8. INSOLVENCY
In the event that the customer is declared insolvent or compounds or makes any arrangement with it’s creditors or has distress levied against its goods or assets or has a receiver
or liquidator appointed Linear shall have the right to suspend deliveries until payment has been made goods already supplied and for all outstanding orders.
9. TITLE AND RISK
9.1 Risk in the goods shall pass to the customer at the time of delivery to or collection by the customer or its agent whichever is the earlier.
9.2 Legal and beneficial ownership of the goods shall remain with Linear until it has received payment in full for the goods.
10. CONSEQUENTIAL LOSS
All liability for any loss of any nature including consequential loss arising out of the use or supply of the goods is hereby excluded.
11. RETURNS
11.1 All goods shall be deemed accepted unless rejected within 48 hours of delivery/collection of the goods. Notice of rejection must be confirmed in writing with photographs giving detailed reasons for rejection. No compensation, credit or right of set-off shall be given by Linear until the same has been received by Linear from the manufacturer, supplier or insurer as the case may be, Goods incorrectly ordered by the customers shall be returnable only at the sole discretion of Linear and subject to a return charge of 15% of the nett order value, customer to pay return carriage charge, and the recovery of the delivery costs for the original order.
11.2 Any goods being returned for any reason must be packaged in such a way that they are received in the same condition as when they were shipped to the customer, otherwise the amount of credit will be reduced to its resale value.
12. RETURN PROCEDURE
Before returning any goods to Linear the customer shall notify Linear by letter or E-mail of its desire to return the goods together with the reason for the return.
13. NON DELIVERY
Non delivery of any consignment or part thereof within 7 days of the date of order must be notified in writing to Linear.