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1.0 GENERAL
1.1 All orders are accepted subject to the provisions of these
Conditions of Sale and the Trading terms set out in the customer
information by Living Energy Systems on this website. No employee
may vary these terms.
1.2 The website does not constitute an offer
to sell and Living Energy Systems reserves the right to refuse
or decline to accept any order.
1.3 The delivery by Living Energy Systems of
an order constitutes acceptance by the customer of these Conditions
of Sale and the Trading terms of Living Energy Systems.
1.4 Orders are accepted subject to availability
at the time of dispatch and acceptance of the order does not
constitute guarantee of delivery.
1.5 If any part of these Conditions is held
to be un-reasonable, invalid or unlawful at law, the Court
or other competent tribunal shall have the power to strike
out or override that part whether it be entire condition or
conditions or parts thereof and to enforce these Conditions
as if the unreasonable invalid or unlawful part or parts thereof
aforesaid had not been included.
1.6 The price of the goods is based on the sale
under these conditions. The goods could not be offered at
this price if more onerous liabilities were accepted.
2.0 DELIVERY
2.1 Cost of delivery inside the UK and the European Union
(EU) is included in all prices. Delivery will be made by Royal
Mail 1st class letter post for single purchases weighing up
to 2 kilograms and by Parcel Force for orders above 2 kilograms.
EU deliveries will be made by Parcel Force or one of their
partner companies in Europe.
2.2 Living Energy Systems do not make deliveries
of single purchases outside the European Union
(Overseas wholesale buyers please inquire by phone or e-mail
for freight surcharges and other additional costs that may
be applicable to bulk orders made from outside the European
Union).
2.3 Living Energy Systems reserves the right
to deliver the goods by split deliveries, in which event each
delivery shall be deemed to constitute a separate contract.
No failure by Living Energy Systems in respect of any one
or more split deliveries shall vitiate the contract or contracts
in respect of previous deliveries.
3.0 PAYMENT and NON PAYMENT
3.1 Living Energy Systems requires all orders to be paid in
advance of dispatch of the goods ordered.
This must either be a cheque made payable to Living Energy
Systems and posted to PO Box 37, Totnes, Devon, TQ9 7YS or
a card payment via our website. Living Energy Systems aim
to dispatch your order on the day after it has been received.
Orders payed by cheque: Please allow 4 days for the cheque
to clear before dispatch of your order can take place.
3.2 Living Energy Systems reserves the right
to withhold deliveries until any outstanding payments under
any other contract between Living Energy Systems and the customer
have been received.
3.3 Where an account remains unpaid beyond our
terms of trading it may be referred to a third party for collection.
4.0 TITLE AND RISK
4.1 Risk in the goods shall pass to the customer when the
goods are delivered, or collected by, the customer or its
agents.
4.2 Notwithstanding the provisions of clause
4.1 hereof the title of the goods shall remain with Living
Energy Systems until payment for the same is received in full
in accordance with out trading terms.
5.0 COMPLAINTS
5.1 Any complaint of non-delivery must be made to Living Energy
Systems within 7 days on notification of dispatch having been
sent by Living Energy Systems to the customer.
5.2 Any complaint that any goods delivered are
not of the correct quantity or description or have been delivered
in a damaged state shall be notified to Living Energy Systems
by telephone or e-mail within 24 hours of their receipt by
the customer and if required by Living Energy Systems such
complaint shall be confirmed in writing within 3 days of such
notification.
5.3 Any complaint of alleged defect in the goods
shall be notified to Living Energy Systems within 7 days of
delivery, or in the case of any alleged defect not reasonably
apparent upon delivery, then within 7 days of the date upon
which the defect actually did come to the notice of the customer,
or might reasonably have been expected to come to his notice,
whichever is the sooner.
5.4 In respect of any complaint under this condition
Living Energy Systems shall be afforded reasonable facilities
to investigate the complaint either by inspection of the goods
at the place of delivery or by requiring the customer to return
a sample of goods complained of to Living Energy Systems forthwith
on request.
5.5 No complaint under the terms of these Conditions
of Sale can be considered unless clear proof is furnished
to Living Energy Systems that the goods alleged to be unsatisfactory
were the goods supplied by Living Energy Systems.
5.6 It is a condition precedent to any liability
of Living Energy Systems that the customer shall fully comply
with the provisions of this condition 5.0.
6.0 EXTENT OF LIABILITIES AND WARRANTIES
6.1 Any warranties or conditions whether express or implied
as to quality of goods supplied or fitness for purpose supplied
are expressly excluded.
6.2 Living Energy Systems shall not be liable
for any consequences of any technical information recommendations
statements or advice given by Living Energy Systems or its
staff or agents.
6.3 Where the customer deals as consumer within
section 12 of the Unfair Contract Terms Act 1977 the terms
set out in section 12, 14 and 15 of the Sale of Goods Act
1979 are implied into the contract.
6.4 Living Energy Systems shall at its option
replace with similar goods any goods which do not comply with
the contract, or allow the customer credit for the invoice
value of the goods.
6.5 Where Living Energy Systems Direct is liable
in accordance with this condition in respect of only some
or part of the goods the contract shall remain in force and
effect in respect of the other part or parts of the goods
and no set-off or other claim shall be made by the customer
against or in respect of such other part or parts of goods.
6.6 In no circumstance (save provide for in
6.7) shall the liability of Living Energy Systems to the customer
exceed the invoice value of the goods. Living Energy Systems
shall not be liable in any manner for any consequential loss
however caused which may arise at or in connection with the
sale of goods under this contract.
6.7 Not withstanding any other provision hereof
no liability of Living Energy Systems for death or personal
injury resulting from Living Energy Systems negligence is
hereby excluded or limited.
7.0 FORCE MAJEURE
Living Energy Systems shall not be responsible for delay in
delivery or non-delivery of the goods or any part thereof
occasioned by Act of God, action riot or civil commotion,
breakdown of machinery, power failure, fire, loss and or detention
at sea or any other contingency beyond its control. Should
any of the goods be rendered unfit for delivery by reason
of any of the above acts or events, the contract shall be
deemed to be discharged.
8.0 DEFINITIONS - In These Conditions:
8.1 the customer" means the purchaser placing the
order and entering into the contract with Living Energy Systems
8.2 "the goods" means the products
or other goods, which are the subject of the contract.
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