The technical
specifications of Lambs products featured in this web site were
accurate at the time of web site construction. However, Lambs
reserve the right to vary their product specifications and technical
characteristics of their products on a day to day basis.
1. The conditions set out hereunder shall constitute the whole of the
Contract between the Company (W.T
Lamb & Sons Limited trading as Lamb’s
Bricks and Arches and Lambs) and the Customer.
2. Samples
Where samples of
goods are submitted by the Company before a contract is made, it is
on the basis that they are indicative only of the general type,
quality, texture and colour of the goods quoted for and any warranty
or conditions, express or implied, whether statutory or otherwise
that the bulk of the goods delivered will correspond precisely with
any sample or samples submitted is hereby expressly excluded.
3. Goods
sold as “best quality” or “first quality”
(a) Latent
defects
In the event that
goods sold as “best quality” or “first quality”
goods manifest any failure to correspond with the general type,
quality, texture or colour of any samples previously submitted or any
unfitness for purpose or unmerchantable quality which were latent at
the date of delivery, but which appear within that year, then if
within that year the Customer delivers such goods to the
Manufacturer’s Works, the Company will be liable for their
replacement at its own expense. Save as aforesaid, and other than
for death or personal injury the Company shall incur no liability
whatsoever for any loss or damage whatsoever arising (whether
directly or indirectly) out of any latent defects in goods sold as
“best quality” or “first quality”.
(b) Patent
defects
In the event that
any goods sold as “best quality” or “first quality”
shall on delivery to the Customer patently fail to correspond with
the general type, quality, texture or colour of any samples
previously submitted, or shall be patently unfit for their purpose or
of unmerchantable quality, then upon
(i) The Customer
describing his complaint upon the appropriate delivery ticket;
(ii) The
Customer notifying the Company in writing of their complaint within 7
days of delivery;
(iii) The Company
being satisfied that the complaint is justified;
then such goods
shall be replaced by the Company at its own expense. Save as
aforesaid the Company shall incur no liability whatsoever for any
loss or damage whatsoever arising (whether directly or indirectly)
out of any patent defects in goods sold as “best quality”
or “first quality”.
4.
Goods
other than those sold as “best quality” or “first
quality”
All goods other
than those sold as “best quality” or “first
quality” are sold with all faults. In relation to such goods,
all representations, warranties and conditions, express and implied,
whether statutory or otherwise are hereby expressly excluded.
5.
Fitness
of goods for purpose
Without prejudice
to the generality of the foregoing conditions, the Customer shall
when ordering goods be deemed to rely on his own and not the
Company’s skill and judgement for the purposes of determining
whether such goods are reasonably fit for the purpose for which they
are being purchased.
6. Delivery
The
Company shall incur no liability whatsoever for any loss or damage
(whether direct or indirect) suffered by the Customer in the event
that delivery of goods should be delayed or rendered impossible by
reason of any cause whatsoever which is beyond the control of the
Company. The rate of delivery shall also be subject to the
establishment of mutually satisfactory credit terms. In
the interest of good building practice, mechanically offloaded
bricks, stone, terracotta faience and tiles should be taken from at
least 3 – 4 packs or pallets at any one time or prior to laying
thereby minimizing the risk of ‘colour banding’.
7. Place
of delivery
The Company will
only deliver to an unloading point accessible by a good hard road of
adequate width and capacity. In the event of there being no such
facility, the Company reserves the right to require that delivery
shall take place at the place of manufacture. The Company shall
incur no liability whatsoever for any damage whatsoever caused to
goods in the course of unloading.
8. Shortage
The Customer shall
be solely responsible for checking the quantity of goods delivered.
In the event of a shortage being discovered the Company shall have no
liability therefore unless such shortage is communicated both by
endorsement on the appropriate delivery ticket upon delivery, and by
letter to the Company within 7 days of delivery.
9. Price
All prices quoted
are subject to rise and fall unless specifically stated to the
contrary. The prices of goods delivered will be those normally
charged by the Company for such goods at the date of delivery. Such
prices will be subject to an additional charge for any packing
material used or any banding or necessary preparation for mechanical
handling.
10. Demurrage
The prices charged
in accordance to Condition 9 hereof are calculated on the footing
that the Customer will arrange for the unloading of each of the
Company’s lorries to be completed within 1 hour of the arrival
on site of each lorry. Any time taken in excess of such period of 1
hour will be charged for as demurrage.
11. Credit
for pallets, crates, etc., returned by Customer
No
credit will be allowed to the Customer for pallets, crates or other
chargeable pallets and bags unless they are returned to the Company’s
Works in good condition, carriage paid, within 1 month from the date
of the appropriate invoice.
12. Payment
Save where
otherwise appears on the face hereof all accounts shall be paid by
the end of the month following the date of delivery. If any account
under this or any other contract between the parties is not paid when
due, then
(a) the Company
may forfeit any discount to which the Customer would otherwise be
entitled under this or any other contract;
(b) the price of
all goods already delivered or awaiting delivery to the Customer
under this or any other contract shall be payable immediately;
(c)
interest at the rate of 4% above the then current HSBC Bank Base
Lending Rate shall be payable on all sums due to the Company under
this any other contract (including the sums due by virtue of
sub-paragraph (b) of this Condition);
(d) following
delivery the goods shall remain the sole and absolute property of the
Company until all debts owed by the Customer to the Company are paid.
Until such payment the Customer will hold the goods as bailee of the
Company and owes the Company the normal fiduciary obligations by way
of custody in respect of the goods;
(e)
the Company shall have the right to withhold and/or cancel all
further deliveries of goods under this or any other contact;
(f)
the Customer hereby agrees that he will not seek to exercise any
right of set off or counter-claim or otherwise withhold payment in
respect of any goods delivered pursuant to this or any other Contract
between the Parties for any reason whatsoever or howsoever arising.
No delay in the
exercise of any of the Company’s rights hereunder shall operate
as a waiver of nor in any way prejudice such rights.
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