Terms of Sale
1. Interpretation
In these Conditions
“LEADER means Leader Optec Limited whose registered office is at Lite Linke Buildings, St Asaph Business Park, St Asaph, Denbighshire, LL17 0LJ (Registered in England and Wales under Company Number 3936485). “BUYER” means the individual or company who agrees to these conditions for the sale of goods. “GOODS” means the goods which Leader is to supply in accordance with these conditions. “SERVICES” examples of services are site installations or site cable tests. The examples are for convenience only and shall not affect the interpretation of “Services”. “CONDITIONS” means the terms and conditions of sale of Leader as set out in this document and includes any special terms and conditions agreed in writing between the Buyer and Leader. “CONTRACT” means the contract for the purchase and sale of the goods by the Buyer from Leader. “WRITING” includes telex, cable, email, website forms and facsimile transmission. “ORDER” means the full list of “GOODS” agreed to be purchased by the “BUYER”.
Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis for the Sale
2.1 These Conditions shall apply to all contracts for the sale of Goods by Leader to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions.
2.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Leader.
2.4 Unless confirmed by Leader in writing, Leader’s employees or agents are not authorised to make any representations concerning the goods.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Leader shall be subject to correction without any liability on the part of Leader.
2.6 The placing of an order by a Buyer which for the avoidance of doubt include these Conditions, shall constitute the entire Contract between Leader and the Buyer.
3. Orders of Goods
3.1 The Buyer agrees to purchase and Leader agrees to supply at the address for service specified in the Order, the Goods as specified in the Order.
3.2 The specification and design of the Goods including any copyright, registered design right or unregistered design right together with any other intellectual property rights in respect thereof shall be the property of Leader.
3.3 Leader reserves the right at any time and without notice to vary or alter any of the designs, specifications and packaging of the goods described in Leader’s sales literature together with any designs, specifications and packaging of Goods described in the Schedule.
4. Price of the Goods
4.1 The price of the Goods shall be the price quoted by Leader in the website shop.
4.2 The unit price of the Goods is exclusive of any applicable Value Added Tax which the Buyer shall in addition be liable to pay to Leader.
4.3 Leader reserve the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Leader which is due to any factor beyond the control of Leader, any change in delivery dates, quantities or specifications or the Goods which are requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give Leader adequate information or instructions.
5. Payment
5.1 Full payment including VAT will be taken via the Buyer’s PayPal account at the time the Buyer places the Order. Additional Terms and Conditions for can be found at www.paypal.co.uk. Goods are always subject to availability and in the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
5.2 The Buyers name, address and other personal information supplied by the Buyer during the Order process will be validated to the Buyer’s PayPal account. By accepting these terms and conditions the Buyer consents to such checks being made. In performing these checks personal information provided by the Buyer may be disclosed to a registered Credit Reference Agency,
who may keep a record of that information. The sole purpose is to confirm the Buyer’s identity to inhibit the Buyer’s account from being used without the Buyer’s consent. All information provided by the Buyer will be treated securely and strictly in accordance with the Data Protection Act 1998.
5.3 The price of the Goods is the price displayed on this website at the time that Leader receives the Order. This is the price the Buyer pays for the Goods. While Leader tries to ensure all prices on Leader’s website is at all times accurate, errors may occur. In the event of an error, the Buyer will be notified of the correct price. The Buyer has the right to accept or cancel the Order or if Goods have been paid for in full, the Buyer is entitled to a full refund.
5.4 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
6. Delivery
6.1 Delivery of the Goods shall be made by Leader at the direction of the Buyer.
6.2 Time for delivery of the Goods shall not be of essence. The Goods may be delivered by Leader in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.3 Leader shall endeavour to fulfil promptly all Orders made by the Buyer but shall not be responsible for any delay due to matters beyond its reasonable control or the Buyer’s fault. If Leader fails to deliver the Goods for any other than any cause beyond Leader’s reasonable control or the Buyer’s fault, and Leader is accordingly liable to the Buyer, Leader’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest alternative market) of Goods of similar specification to the Goods to replace those not delivered over the price of the Goods.
6.4 If the Buyer fails to take delivery of the Goods or fails to give Leader adequate delivery instructions at the time stated for delivery then Leader may:-
6.4.1 Store the goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.4.2 Sell the Goods at the best price readably obtainable.
7. Risk and Property
7.1 Risk of damage or loss to the goods shall pass to the Buyer at the time of delivery of the Goods or, if the Buyer wrongfully fails to take delivery of the Goods, the time when Leader has tendered deliver of the Goods.
7.2 Notwithstanding the delivery and the passing of risks in the Goods as specified in clause 7.1 above or any other provision of these Conditions, the property (i.e. ownership) of the Goods shall not pass to the Buyer until Leader has received in cash or cleared funds payment in full of the price of the goods as specified on the order acknowledgement and all other goods agreed to be sold by Leader to the Buyer for which payment is then due.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness of any of the Goods which remain the property of Leader.
8. Warranties and Liability
8.1 Subject to the Conditions set out below, Leader warrants that at the time of delivery, the Goods will correspond with their specification and shall be free from defects in material and workmanship.
8.2 The above warranty is given by Leader subject to the following conditions:-
8.2.1 Leader shall be under no liability in any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
8.2.2 Leader shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure by the Buyer to follow Leader’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without Leader’s approval;
8.2.3 Leader shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment;
8.2.4 the above warranty does not extend to parts, materials or equipment not manufactured by Leader in respect of which the Buyer shall only be entitled to the benefits of any such warranty or guarantee as is given by the manufacturer to Leader.
8.3 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or the failure to correspond with specification shall be notified to Leader within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify Leader accordingly, the Buyer shall not be entitled to reject the goods and Leader shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the goods have been delivered in accordance with the Contract.
8.5 Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition to the Buyer. of the Goods or their failure to meet specification is notified to Leader in accordance with these Conditions, Leader shall be entitled to replace the Goods (or the parts in question) or at Leader’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), such that Leader shall have no further liability
8.6 Except in respect of death or personal injury caused by Leader’s negligence, Leader shall not be liable to the Buyer for any consequential loss or damage which arise out of or in connection with the supply of the Goods or their use or sale by the Buyer except as expressly provided in these Conditions.
8.7 Leader shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Leader’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Leader’s reasonable control.
8.8 Leader shall not be under any liability under this clause in respect of any Goods which have been altered, tampered with or used otherwise than in accordance with the instructions issued by Leader or where name plates or other markings are fixed to the equipment by Leader being removed or defaced.
9. Insolvency of Buyer
9.1 This clause shall apply if:-
9.1.1 The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
9.1.2 An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
9.1.3 The Buyer ceases or threatens to cease, to carry on business; or
9.1.4 that Leader reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9.2 If this clause applies, then Leader shall be entitled to cancel the Contract or suspend any delivery or further deliveries under the Contract without any liability to the Buyer. If the Goods have been delivered but not paid for, the purchase price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
10. General
10.1 Leader Optec Limited is a registered company under company number (3936485) and whose registered office is at Lite Linke Buildings, St Asaph Business Park, Denbighshire, LL17 0LJ.
10.2 Any notice required to be given to the Buyer under these Conditions shall be in writing addressed to the Buyer at its home address or registered office or principal place of business.
10.3 For the avoidance of doubt, it is hereby agreed and declared that this Agreement is neither a Hire Purchase Agreement nor a Credit Sale Agreement.
10.4 No waiver by Leader of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.6 This Contract is subject to the law of England and Wales. All disputes arising out of this Contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
10.7 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
THESE CONDITIONS OF SALE DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. IF YOU HAVE ANY DOUBTS ABOUT YOUR STATUTORY RIGHTS PLEASE CONTACT YOUR LOCAL TRADING STANDARDS DEPARTMENT OR CITIZENS ADVICE BUREAU
NOTICE OF CANCELLATION RIGHT
You have the right to cancel this order. This right can be exercised by sending or taking this written notice of cancellation to the company at the address detailed in these Conditions within a period of seven (7) days following the date of this order.
