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.
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.
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.
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.
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.
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.
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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