LM – TERMS

1. DEFINITION

‘Buyer’ means the person who buys or agrees to buy the Goods from the Seller.
‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
‘Delivery Date’ means the date specified by the Seller when the goods or services should be delivered and/or installed.
‘Goods’ means the articles and services that the Buyer agrees to buy from the Seller.
‘Property in the goods’, means ownership of goods
‘Properly’ means in the right manner with supporting reason or justice.
‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT.
‘Seller’ means LM Designs Contract Interiors Limited of 23, Bardeen Place, Bracknell, Berkshire RG12 9AA.

2. Conditions Applicable

2.1. These Conditions shall apply or be deemed to apply to all contracts for the sale of Goods by the Seller 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. There shall be no binding agreement until the Buyer’s order has been accepted in writing by, or confirmed in writing to the Seller, or the Goods have been delivered to the Buyer when the agreement is deemed to become binding.
2.3. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.4. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.5. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. These conditions constitute the entire understanding between the parties.

3. THE PRICE & PAYMENT

3.1. The Price of the Goods shall be the price stipulated in the quotation given by the Seller to the Buyer, unless and provided always that the Price can be amended by the Seller for the reasons specified in Clause 3.2. The quotation will specify is inclusive or exclusive of VAT. If the quoted Price is exclusive of VAT, then VAT shall be due, as required, at the rate ruling on the date of the Seller’s invoice.
3.2. All prices stated to be estimates based on details provided by the Buyer are subject to review and change by the Seller if the Buyer alters such details or provides inaccurate or insufficient information to the Seller.
3.2.1 If for any reason supplier prices to the Seller increase beyond reasonable control of the Seller after the estimate has been agreed by the Buyer and before the agreement is binding, the Seller will present options to the Buyer to amend the specification of the project which will be confirmed in writing by both parties. If the same specification is required the Buyer will be liable to any additional costs incurred by the Seller.
3.3.  Unless otherwise agreed in writing between the Seller and the Buyer, Payment of the Price and VAT shall be due as follows:-
3.3.1.  Non Account Buyers: unless the payment terms are otherwise specified in the quotation, the Buyer agrees to pay, on placing the order, such deposit as may be requested by the Seller and, on or prior to delivery of the Goods, the balance due on the invoice;
3.3.2.  Account Buyers: the Buyer agrees to pay invoices within 30 days of the date of the invoice.
3.4.  Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above NatWest base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.