The technical specifications of Lambs products featured in this web site were accurate at the time of website construction. However, Lambs reserve the right to vary their product specifications and technical characteristics of their products on a day to day basis.
1. Definitions
The terms and conditions (“Terms”) set out hereunder shall constitute the whole of the contract (“Contract”) between WT Lamb & Sons Limited trading as Lambs Bricks and Stone or trading as Lambs (“the Company”) and the company, firm, corporation, natural person(s), or other body ordering from the Company (“the Customer”). “Goods” are the items and services (including delivery where applicable) detailed in a quotation prepared by the Company for the Customer. “Parties” are the Company and the Customer.
2. Application of Terms
These Terms shall apply to all supplies of Goods by the Company to the Customer. Any quotation of the Company does not constitute an offer to sell. If the Customer wishes to purchase the Goods the subject of a quotation, it must place an order. No order of the Customer for Goods shall be binding and no Contract shall arise until the Customer’s order is accepted by the Company expressly or by the Company despatching any of the Goods.
Subject to the paragraph immediately below, these Terms shall comprise the whole agreement. All other terms (which may include representations, warranties, or descriptions whether written or oral and whether express, implied, statutory, or otherwise) which the Customer seeks to apply expressly will not apply.
If there are any other provisions which conflict with this Contract, the Terms of this Contract, including the exclusions and limitations, will prevail UNLESS the provisions expressly refer to the Contract and its exclusions and limitations and state that they prevail over the Contract.
3. 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. Any warranty or conditions, express or implied, and whether statutory or otherwise, that the bulk of the Goods delivered will correspond precisely with any sample or samples submitted are hereby expressly excluded.
4. Quotations
a) All prices quoted by the Company are based on the information given by the Customer and are issued in good faith. Prices issued at the time of quoting are subject to variation and are only valid at the time of quoting, unless specifically stated to the contrary.
b) Prices quoted by the Company are subject to increase, without notice, in the event of there being any rise in materials used for manufacture or the cost of the Goods after the date of the quotation or order and prior to delivery occasioned by any cause outside the control of the Company.
c) The Company reserves the right to charge for additional packing material required for the delivery of the Goods or additional requirements requested by the Customer.
d) Prices exclude VAT and other sales taxes and duties unless clearly stated to include these.
5. Orders and Payments
Account Customers (these are Customers with an agreed credit facility with the Company):
All Account Customer orders must include an order number and be in writing and received by the Company via email/post. Verbal orders will not be accepted. Until Goods are despatched the Company reserves the right to increase prices, without notice. Goods will be invoiced at the acknowledged prices on the date of despatch.
Unless otherwise agreed in writing, all accounts shall be paid and settled following the Goods being collected/delivered in any one calendar month. Goods to be paid by the Account Customer in full on or before the last day of the following month by BACS transfer.
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 8% per annum above the official Bank of England Rate (or, if higher, equal to compensation and interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended)) from time to time shall accrue and be payable on all sums due to the Company (including the sums due by virtue of sub-paragraph (b) of this condition) from day to day (both before and after any judgement) from the due date until payment in full is received by the Company or, if higher, equal to compensation and interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended);
(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 Contract;
(f) the Customer hereby agrees that he will not seek to exercise any right of set off or counterclaim 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.
Proforma Customers (Customers with no credit facility with the Company):
All Proforma Customer orders should be in writing and received by the Company via email/post. Verbal orders will not be accepted. However, in the event the Customer is unable to send a written order, then payment will be deemed as agreement with the quotation. In all cases it is the Customer’s responsibility to check all documents received from the Company before the goods are paid for and despatched. The Company will not accept any liability.
a) The proforma invoice advises the required deposit due at the time of order, normally 50% of the full value of Goods, including VAT. The Customer’s order will not be valid, and Goods cannot be reserved or manufactured until a deposit is paid.
b) Full balance payment is required prior to arranging the delivery/collection of the Goods.
c) Payments to be made by BACS transfer or debit/credit card. No cheque or cash payments will be accepted.
d) VAT invoices will only be issued once the Goods on the Customer’s order have been despatched. This may be invoiced in part or in full, subject to the delivery/collection of the Goods.
6. Variations
Any variation and/or modification to a Contract to be effective must be agreed by both the Customer and the Company in writing.
7. Availability of Goods
Any order may be cancelled by the Company without notice if the Company is prevented from obtaining, purchasing or manufacturing the Goods or from delivering the same by reason of force majeure, civil commotion, adverse weather conditions, strike, lock-out, fire, accident, breakdown of plant, machinery or vehicles or any other cause outside the control of the Company and the Company will not accept liability for delays, damages, breakages or any other consequences arising from or contributed to by any such matters.
8. Delivery
a) 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.
b) The Company will only deliver to a suitable unloading point accessible by a good level hard surface of adequate width and capacity for the vehicle requested with unrestricted access. In the event of there being no such facility, the Company reserves the right that the delivery shall be aborted and take place at a later date or withhold the delivery until a more suitable area is identified. The Company shall incur no liability or costs in relation to this and for any aborted delivery or damage caused as a direct result and the Customer will be charged aborted haulage charges. The Company accepts no liability for any damages caused in the course of unloading.
c) In the event the delivery scheduled is cancelled either on the day or the day prior to the arranged delivery date, the Customer may incur aborted haulage charges.
d) The Company will not be liable for any damage done to goods from unloading or handling on site, unless such damage is occasioned by the act or neglect of the Company’s haulage agent.
e) Although the Company will use its best endeavours to comply with the Customer’s delivery requirements, the Company will not be liable for delay in delivery howsoever occasioned and time shall not be deemed to be the essence of the Contract.
f) The prices charged in accordance with Condition 4 hereof are calculated on the basis that the Customer will arrange for the unloading of each of the Company’s agent’s lorries to be completed within 1 hour of the arrival on site of each lorry. If the time taken exceeds such period of 1 hour, the Company reserves the right to charge the Customer for all time in excess of 1 hour at appropriate rates.
g) The Company will not accept liability for shortage or loss of Goods unless written notification thereof is given to the Company by the Customer in compliance with clause 11 hereof.
9. Collections
Where Goods are collected ex-works by the Customer or his agent, the Company’s responsibility ceases when the Goods are handed over to the Customer or his agent.
10. Storage of Goods
If the Company holds Goods pending for more than 30 days from the receipt of the original delivery instructions and the Customer does not accept the Goods within that period, the Company reserves the right to invoice in full for such Goods and charge for storage.
If the Customer’s delivery schedule is delayed through no fault of the Company, the Company then reserves its rights to place such goods on a vesting certificate and invoice in full. Storage of goods will also be charged by the Company. An invoice raised as a result of this (or any unpaid balance of it) is payable immediately by the Customer to the Company.
11. Checking of Goods
The Customer shall be solely responsible for checking the quantity of Goods delivered and that the Goods received are correct. In the event of a shortage being discovered or the Goods are incorrect, the Company shall have no liability as a result unless such shortage/discrepancy is communicated both by endorsement on the appropriate delivery ticket upon delivery, and by email/letter to the Company within 7 days of delivery.
12. Mixing of Materials
Where materials are delivered in pack form the Customer shall in accordance with recognised good practice and/or the manufacturer’s recommendations ensure that 3 to 4 packs are used simultaneously to obtain, as far as possible, an even blend of colour and size to avoid colour banding.
13. 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.
14. Quality of Goods
The Company warrants that the “best quality” Goods shall be of sound materials and workmanship. In the event of a defect in such Goods, the Company must be notified, in writing, at the time of delivery and in writing within 7 days of the date of delivery, by the Customer.
a) In respect of which notification time shall be of the essence and the Company, being satisfied that the defect is the result of unsound materials or workmanship, will ensure that those Goods are replaced with Goods of sound materials and workmanship or otherwise reach an agreed settlement with the Customer.
b) In the event of the Goods delivered not being those ordered by the Customer and the Customer notifying the Company thereof in writing within seven days of delivery (in respect of which notification, time shall be of the essence) the Company will, at its own cost and as speedily as practicable, replace the said Goods with a like quantity of Goods of the nature ordered by the Customer and recover the previously delivered Goods. Save as aforesaid the Company shall not be liable in contract tort or howsoever otherwise in respect of any loss or damage suffered by the Customer as a result of any defect in the Goods supplied.
c) If the Goods delivered/collected have any form of defects and are used and built with before the Customer advises the Company of any defects, then the Company will not accept any incurred costs and liability by the Customer in relation to the complaint. It is at the discretion of the Company whether free of charge replacement Goods will be offered to the Customer.
d) Whilst every effort will be made to avoid variation of shades and sizes in Goods delivered, the Company neither guarantees nor warrants that such variations will not occur or that they will conform to any sample which may have been provided, either in quality or colour.
e) Any Goods sold other than “best quality” are sold with faults and as seen. It is the Customer’s responsibility to check said Goods prior to an order being issued and delivery/collection made. In relation to such Goods, all representations, warranties, and conditions, express and implied, whether statutory or otherwise are hereby expressly excluded.
15. Title to Goods
Ownership of the Goods shall not pass to the Customer until payment in full for the same has been received by the Company. If the Goods concerned remain unsold in the custody of the Customer, they shall belong to the Company and be returnable to the Company on demand and at the Customer’s cost. If the Goods have already been used and form a building construction or part thereof then it is agreed that ownership of the building or construction will pass to the Company to the extent of the unpaid price of the Goods. The Customer will, as guarantee for payment to the Company, thereupon stand as Trustee for the Company to the extent of the amount owed. If the building or construction is sold, then the Company’s claim will attach to the proceeds of the sale in the same manner as if the Company was a secured creditor in respect of the sale proceeds.
16. Suitability
The Company will accept no liability as to the suitability of the Goods for the purposes for which the Customer may require them.
17. Claims
a) Any claim for alleged faults or short delivery must be notified by the Customer in writing to the Company within 7 days of the date of delivery, time to be of the essence.
b) The Company shall have the right to examine any Goods claimed by the Customer to be faulty and shall reserve the right to require the Customer to return such Goods to the Company at the Customer’s own cost for examination.
c) The liability of the Company shall be restricted to replacing any Goods found to be faulty or at their option to refund to the Customer only that part of the contract price relating to such faulty Goods.
d) All liability for direct or consequential loss whether arising from delay in despatch, delivery, failure of Goods to meet specification or performance defects in manufacture or otherwise is hereby expressly excluded.
e) The Company will not accept claims in the following circumstances:
(i) Loss or damage in transit in the Customer’s own transport or on site.
(ii) Force majeure, Act of God or matters beyond the Company’s control.
(iii) Where Goods have been improperly used, stored or protected.
(iv) Where Goods are not suitable for the purpose to which the Customer has or wishes to put the same.
(v) In respect of general weathering of Goods.
18. Assignment
Any contract entered into between the Customer and the Company shall be non-assignable.
19. Cancellation
Contracts with and orders placed with the Company may only be cancelled with the Company’s prior written consent. In cases where the Company has been required to pay a deposit to a manufacturer or supplier in respect of manufacture of the Customer’s order the Company may require reimbursement of such sum from the Customer as a condition of consenting to cancellation. In every case where the Company consents to cancellation the Company reserves the right to claim for any loss of profit or such proportion thereof as the Company at its absolute discretion sees fit, arising as a result of such cancellation.
In the event the said Goods are of a bespoke nature and manufacture has begun, then the Customer will be invoiced in full, unless the Company consents and agrees to a reduced charge for the Goods.
20. Re-Stocking of Goods
It is at the Company’s discretion whether standard stock Goods can be returned. Should an agreement be made in writing between the Company and Customer, then the Goods can be returned at the Customer’s expense and, following a full inspection of the Goods, a re-stocking charge of 40% will apply.
Any damaged Goods will be excluded from any form of refund.
Purpose-made ordered Goods are excluded.
21. Jurisdiction
Every Contract to which these terms and conditions apply shall be construed in accordance with English law and any dispute shall be submitted to the exclusive jurisdiction of the English courts.
22. General
Errors and omissions excepted.
The Company shall be entitled to add to the invoice price and to recover from the Customer any Value Added Tax or other tax which is in force at the time of execution of the contract or any taxes which may be added thereafter, and which shall apply to this contract.
