TERMS AND CONDITIONS OF SALE

Terms and Conditions of Sale

This web site is owned and maintained by Lombard. The use of this web site is subject to the following terms and conditions which you should ready carefully. By using this web site you agree to be legally bound by these terms and conditions. If you do not accept these terms and conditions, please do not use this web site.

Use of web site

  1. In these Conditions (unless the context otherwise requires) the following words and phrases shall have the following meanings:

    "Buyer" means a person to whom the Company supplies Goods or agrees to supply Goods;
    "Company" means Lombard North Central PLC of 3 Princess Way Redhill Surrey RH1 1NP and our assigns "Conditions" means these conditions of sale and any additional terms agreed in writing between the Buyer and the Company
    "Contract" means a contract for the sale of Goods made by or on behalf of the Company with the Buyer; "Goods" means every, or where the context so requires, any item of whatsoever nature which the Buyer buys or has agreed to buy from the Company;
    "Price" means the price agreed between the Company and the Buyer for the Goods.

  2. The Company makes or gives no representation or undertaking (express or implied) as to the condition, description, quality or performance of the Goods or as to their fitness for any purpose or any particular purpose. All such representations and undertakings are specifically excluded.
  3. No person other than an employee of the Company has express or implied authority to act as agent of the Company. The Company shall not be held liable for any statement or representation made by any person through whom the sale may have been introduced, negotiated or conducted.
  4. All conditions, warranties and representations, express or implied by statute, common law or otherwise in relation to the supply, non supply or delay in supplying the Goods are excluded to the extent permitted by law.
  5. Subject to condition 6, other than liability for death or personal injury arising from the negligence of the Company, the Company shall not be liable for any loss, whether direct or indirect, arising out of or in connection with the Goods, the supply, non supply or delay in supplying the Goods. Such loss shall include, without limitation, loss of actual or anticipated profits, loss of business opportunity, loss of anticipated savings, loss of goodwill, loss or damage incurred by the Buyer as a result of third party claims, injury to reputation or other damage and any indirect, special or consequential loss or damage howsoever caused even if the Company was advised of the possibility of them in advance.
  6. Without prejudice to condition 5, the entire liability of the Company for any one claim or for a total of all claims arising from any one act or omission on the Company's part in connection with the Goods, the supply, non-supply or delay in supplying the Goods, or otherwise in connection with these Conditions, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, is limited to the Price of the Goods the subject matter of the claim.
  7. Nothing in these Conditions shall operate to exclude or restrict the Company's liability for:
    1. breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or
    2. fraud or deceit.
  8. The Buyer hereby indemnifies the Company against all claims which may be made against the Company, whether arising from the negligence of the Company or otherwise, for damages in consequence of or arising out of any defect in the Goods. If the Goods comprise a motor vehicle or trailer the Buyer agrees that he will not use the Goods on the road in Great Britain or sell or supply or offer to sell or supply the Goods for use on the road in Great Britain in a condition that such would be unlawful.
  9. Where the Goods have previously been supplied by the Company, under the terms of a leasing agreement, to a person ("Lessee") it is a condition of the sale of the Goods to the Buyer that:
    1. the Buyer expressly undertakes that it is not nor will it sell or procure the sale of or otherwise dispose of the Goods to any person who is either:-
      1. a Lessee; or
      2. subject to condition 9(b) below, an associate company of a Lessee within the meaning of section 416 of the Income and Corporation Taxes Act 1988 ("the Act") or an associate of a Lessee within the meaning of section 417 of the Act or a person connected with a Lessee within the meaning of section 839 of the Act (and in each case any statutory re-enactment amendment or modification of the Act)
    2. notwithstanding condition 5(a) above, such Goods may be sold or disposed of to a person within any of the categories mentioned in condition5(a)(ii) above provided that such person:-
      1. is a trader in Goods of the same kind as such Goods;
      2. purchases such Goods in the course of the said trade; and
      3. throughout the period during which the Goods belong to him he will not permit a Lessee or any other person within any of the categories mentioned in condition 9(a)(ii) above to use such Goods.
  10. Where the Goods comprise plant and/or work equipment (including any machinery, apparatus or tool, the Buyer undertakes:-
    1. to take sufficient steps (including such testing and examination as may be necessary) to ensure that the Goods are safe and without risks to health when properly used; and
    2. to take such steps as are necessary to secure that there will be available in connection with the use of the Goods at work adequate information about the use for which they are designed and have been tested and about any conditions necessary to ensure that when so used they will be safe and without risks to health; and
    3. not to use the Goods without regard to any relevant information, instructions or advice relating to their use made available by the designer, manufacturer, importer or supplier.
  11. If required by the Company the Buyer shall upon demand give an undertaking in such form as the Company shall require in respect of the location and user of the Goods and ancillary rights to enable the Company to comply with any undertaking required of it by any Department of State or other authority.
  12. Delivery of the Goods shall be at such premises at which the Goods are located at the time at which the Contract is made unless otherwise notified in writing by the Company. the Buyer shall remove and transport the Goods at the Buyer's own expense within 14 days of the date on which the Contract was entered into and the Buyer shall indemnify the Company in respect of any damage caused to third parties or any property belonging to third parties occasioned thereby.
  13. The Buyer shall pay the Price by cash or cheque in pounds sterling to the Company within 14 days from the date on which the Contract was entered into between the Company and the Buyer and the following payment terms shall apply:
    1. time of payment is of the essence of a Contract;
    2. the Buyer is not allowed to withhold payment of any amount due to the Company by way of any set-off or counter-claim; and
    3. if the Buyer fails to pay any amount due to the Company on the due date set out in this condition 13, interest shall be added to such amount at the rate of 2% over the base rate for the time being of the Royal Bank of Scotland Plc for the period from and including the due date to and including the date of receipt (whether before or after judgement).
  14. The Company shall (if applicable) add to the Price and the Buyer shall pay an amount equal to any value added tax or other sales tax or duty applicable from time to time to sale or supplies of such Goods.
  15. If the Buyer refuses or fails to take delivery of the Goods in accordance with condition 12 or if the Buyer fails to pay the Price within the period set out in condition 13 and continues in such failure for more than 7 days thereafter, the Company shall be entitled to terminate the Contract with immediate effect, dispose of the Goods as the Company may determine and to recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, storage costs from the due date of delivery).
  16. Risk in the Goods shall pass to the Buyer on delivery of the Goods. Title to the Goods shall pass to the buyer:
    1. upon payment to the Company of the Price and all other amounts owed by the Buyer to the Company in respect of any other goods or agreement; and
    2. where payment is made by cheque, title shall not pass to the Buyer until the cheque has been honoured.
  17. At any time before title to the Goods passes to the Buyer (whether or not any payment to the Company is then overdue or the Buyer is otherwise in breach of any obligation to the Company), the Company may (without prejudice to any of its other rights):
    1. retake possession of all or any part of the Goods and enter any premises for that purpose (or authorise others to do so) which the Buyer hereby authorises;
    2. require delivery up to it of all or any part of the Goods;
  18. The Company may at any time appropriate sums received from the Buyer as it thinks fit, notwithstanding any purported appropriation by the Buyer.
  19. From the time of delivery until title in the Goods passes to the Buyer in accordance with condition 16, the Buyer shall insure the Goods for their full value with a reputable insurer and, if the Company so requests, ensure that the Company's name is noted on the insurance policy. Until title in Goods passes to the Buyer the Buyer shall hold the proceeds of any claim on such insurance policy on trust for the Company and shall immediately account to the Company with the proceeds.
  20. If the Company is prevented, hindered or delayed from or in supplying the Goods under these Conditions by an event beyond its reasonable control ("Force Majeure Event"), the Company may, at its sole discretion, and without being liable for any loss or damage suffered by the Buyer as a result,:
    1. suspend deliveries while the Force Majeure Event continues; or
    2. terminate any Contract forthwith by giving notice to that effect to the Buyer.
  21. These Conditions shall govern and be incorporated into every Contract and shall prevail over any terms or conditions (whether or not inconsistent with these Conditions) contained or referred to in any correspondence or documentation submitted by the Buyer or elsewhere or implied by custom, practice or course of dealing.
  22. The Buyer's acceptance of delivery of the Goods shall constitute unqualified acceptance of these Conditions.
  23. The Buyer may not assign or deal in any way with all or any part of the benefit of, or its rights or benefits under a Contract without the prior consent of the Company.
  24. The Company is at any time entitled to assign or deal with any benefit of any Contract or subcontract any work relating to any Contract.
  25. A notice given by one party to the other in connection with a Contract must be in writing and may be delivered personally or by pre-paid first class post and in the case of post will be deemed to have been given 2 days after the date of posting. Notices shall be delivered or sent to the last known address of the parties or to any other address notified in writing by one party to the other for the purpose of receiving notices in connection with a Contract. Each party may specify by notice to the other a particular individual or office holder to whom any notices served on it are to be addressed, in which case a notice shall not be given unless so addressed.
  26. If any of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Conditions which shall remain in full force and effect.
  27. If any of these Conditions is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
  28. A person who is not a party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such Contract. This condition does not affect any right or remedy of a person which exists or is available otherwise than pursuant to that Act.
  29. The rights and remedies provided by any Contract may be waived only in writing and specifically and any failure to exercise or any delay in exercising a right or remedy by the Company shall not constitute a waiver of that right or remedy or of any other rights or remedies. A waiver of any breach of the terms of a Contract or of a default under a Contract shall not constitute a waiver of any other breach or default and shall not affect the other terms of such Contract.
  30. No variation or alteration of any of the provisions of a Contract or these Conditions shall be effective unless it is writing and signed by or on behalf of each party.
  31. The contract of sale of the Goods shall be construed in accordance with English Law and each party irrevocably agrees that all disputes arising under it shall be determined by the exclusive jurisdiction of the English Courts.