Terms and Conditions of Sale

1. Definitions

In these Terms and Conditions of Sale all references to “the Company” are to Lesar UK Ltd, a company registered in England and Wales with company number 04936232 whose registered address is at Sentinel Court, Wilkinson Way, Blackburn, Lancashire, BB1 2EH. All references to “the Buyer” are to the person, firm or company by whom the order is given to the Company and all references to “Goods” are to the goods and services which are supplied by the Company to the Buyer.

2. General

All contracts for the sale of Goods by the Company shall be deemed to incorporate these Terms and Conditions of Sale except as otherwise specifically agreed in writing by the Company. These Terms and Conditions of Sale shall override any terms and conditions stipulated, incorporated or referred to by the Buyer in any order, corres­pon­dence, negotiations or in any other way.

3. Offer and Acceptance

The Company's price list and quotations do not constitute offers by the Company.

No order is binding on the Company until accepted by the Company's issue of an official order acknow­led­gement or invoice at which point a contract will come into place between the Company and the Buyer.

(a) Acceptance of the Buyer's order is subject to the goods being available, a credit reference we have obtained for you coming back as satisfactory and or we can meet your delivery deadlines.

(b) After an order has been accepted by the Company, the order can only be cancelled with the Company's written consent

Any special offer on servicing will be limited to 10 doors.

4. Prices

(a) All Goods will be supplied at the Company's prices in force at the date of despatch, which are exclusive of VAT.

(b) All prices and quotations are subject to variation or withdrawal by the Company at any time without notice.

(c) Any duty or tax, present or future, levied or imposed in any country or territory in respect of the sale or delivery of the Goods is payable by the Buyer.

(d) If the Buyer believes that an invoice is wrong they must contact the Company immediately.

5. Payment Terms

(a) The Buyer shall pay the full amount of each invoice in respect of the Goods & or Services 30 days from the date of invoice.

(b) Time for payment shall be of the essence and the Buyer shall have no right of set off, statutory or otherwise.

(c) Interest shall be due and payable on all overdue amounts at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 as amended, as applicable to a claim for statutory interest.

(d) The Company shall grant credit accounts at its exclusive discretion, and the Company reserves the right to withdraw these credit accounts at any time.

6. Delivery

Orders

We reserve the right to decline any order. All orders are accepted subject to our Terms and Conditions.

Next Day Delivery

We aim to process and dispatch all orders for delivery the next working day when placed before 1pm. A signature will be required upon delivery. Orders placed on the weekend or bank holidays will be processed on the next working day.

Please note: You will need to ensure your order is placed by 1:00 pm the latest in order for this to be processed as Next Day Delivery, subject to availability.

After 1:00 pm Delivery

If orders are placed after 1 pm then the order will be dispatched the next working day, subject to availability.

Lost Parcels

If a parcel is lost or ­undelivered; please advise us as soon as possible so we can inform our courier of the missing parcel. Please note: Lesar will not be held responsible for any parcels undelivered.

General

Delivery of the Goods shall be made by the Company delivering the Goods to the place in the Mainland Britain specified in the Buyer’s order and/or the Company's acceptance and/or the Contract as the location to which the Goods are to be delivered by the company or, if no place of delivery is so specified, by the Buyer collecting the Goods at the company’s premises at any time after the Company has notified the Buyer that the Goods are ready for collection.  

While the Company will endeavour to meet quoted delivery dates, it will not be liable for any delay in delivery howsoever caused or for any loss or damage consequential or otherwise arising therefrom, nor shall any delay entitle the Buyer to cancel any contract. Time of delivery shall not be of essence. If no delivery date is stipulated by the Company, they have 30 days in any case to deliver your order of Goods after receipt of your order. If the Company fails to deliver the Goods or any part thereof on the Delivery Date other than for reasons outside the Company's reasonable control or the Buyer’s or its carrier’s fault: if the Company delivers the Goods at any time thereafter the Company shall have no liability in respect of such late delivery.

If a contract provides for delivery by instalments, each instalment shall be deemed to be the subject of a separate contract. Non‑delivery or delay in the delivery of any instalment shall not affect the contract as regards to other instalments, nor shall it entitle the Buyer to treat the contract as rescinded. Where delivery is staggered across a period of time at the Buyer’s request the Goods will be delivered as per the make, model and or version of hardware or software in place at the time of delivery which may in some cases be different from that originally ordered. 

Goods are not supplied on a sale‑or‑return basis and a full signature for the Goods received must be at the time of each delivery, signature or the delivery document being conclusive proof of delivery. No Goods may be returned without the written permission of the Company. The Company shall not be under any liability whatsoever for Goods returned by the Buyer without permission. 

If the Company attempts delivery to the Buyer of any Goods and that delivery is unsuccessful due to no fault of the Company, the Company will take all reasonable efforts to re-arrange delivery. If that fails, the Company is entitled to end the contract. If the buyer would like the Company to arrange another delivery, then additional charges will be incurred.  

If the Buyer fails to take delivery of the Goods  or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Company shall be entitled upon giving written notice to the Buyer to store or arrange for the storage of the Goods and then risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Company all costs and expenses including storage and insurance charges arising from such failure.­­ The buyer will also pay the Company additional costs for a re delivery.

Goods are despatched via different couriers. Whilst the Company will endeavour to meet all the conditions of despatch and delivery, they are not liable for any goods lost, damaged, or delayed by the courier.

7. Returns Terms & Conditions

Where Goods have been used prior to return we reserve the right to increase any restocking fee up to 25% of the order value of the Goods. Any consumable item part used such as a ribbon for a printer will not be available for a refund.

Returns Procedure  

If you have ordered items from us that you no longer need, want or unhappy with please contact us to arrange your refund and returning the item. We accept non faulty items back from our customers within 7 days of delivery however the items must be in a condition that would be suitable for the item to be resold. The item should not be personalised and be in their original packaging. Any items that you return within 30 days due to being faulty will be refunded in full including the delivery charge. The refund will be issued once we have inspected the item/s. Customers must allow upto 14 working days before we refund your order, however a replacement for the faulty item will be shipped if requested when the faulty goods have been received. We aim to complete all refund processes within 14 working days. Any goods returned after 30 days are not entitled to any refund. For more information, see our Terms & Conditions. For returns you must return your order to the following address. Lesar UK Ltd | UNIT A4 Hulme Court | Commercial Road | Darwen | Lancashire | BB3 0FE and include the paperwork we have sent inside the box 

GOODS ORDERED INCORRECTLY - Please follow section A Instructions 

If you have ordered goods from us that you no longer require or were ordered incorrectly, please contact sales support via email at [email protected] to arrange the return of the goods. We will send you a returns document to follow and you will be responsible for sending the goods back to Lesar. We accept non faulty items back from our customers within 7 days of delivery however the items must be in a condition that would be suitable for the item to be resold and in its original packaging.  This policy however does not apply to printed items that have been ordered incorrectly.  

Once the goods have been checked and confirmed they can be resold, the refund will be issued. Customers must allow up to 14 working days before we refund your order.  

DAMAGED OR DEFECTIVE GOODS - Please follow section B Instructions 

Goods that the Buyer deems to be damaged or defective must be returned to Lesar UK within 30 days of delivery. Goods will be inspected and if the defect is confirmed by Lesar UK, a refund will be issued. Goods must be returned in the same packaging and condition in which they were received. The costs of returning damaged or defective Goods will be borne by the Company and included in any refund (please note that this will only apply to defective goods. Carrier charges will apply to non-defective goods). No admin or restocking fees will be charged where the Goods are damaged or defective. All Goods packaging must be returned with the Goods.  Any items that you return due to being faulty will be refunded in full including the delivery charge. The refund will be issued once we have inspected the item(s), you will be notified via email of when you should expect the refund. Customers must allow up to 14 working days before we refund your order. A replacement for the faulty item will be despatched if requested as soon as we receive the faulty goods back. Goods which are customised including image perso­nali­sation, text inscription or design which must be approved by the customer is done so at their own risk. Any misspellings or errors are non-returnable and non-refun­dable.­ 

In the event of Goods reaching the Buyer in a damaged or deficient condition by the courier then the Buyer should:  

• Reject the delivery and notify the Company immediately.  

• Claims for the total or partial loss of consignment must be received at the Company's Head Office within three days of the relevant delivery. 

Claims received in respect of Goods signed for in good condition cannot be accepted by the Company 

GOODS DESPATCHED BY LESAR INCORRECTLY - Please follow section B instructions 

Please contact sales support via email [email protected] within 3 days for Lesar to arrange a collection and to re deliver the correct goods 

RETURN INSTRUCTIONS 

Section A: You are returning products back to Lesar UK  

• Please ensure the item/s are securely packaged up and placed in their original packaging including any accessories.  

• Print out your returns document and include a copy in the box with the item/s to be returned.  

• Please do not write on or attach the returns document to the individual boxes/packs. The item must be in a resalable condition to receive a refund or replacement.  

• Place the items inside a padded envelope or cardboard box along with your returns document, and securely seal.  

• Return the items to the address started on the returns document via any delivery service of your choice, but we recommend a service that is traceable. Lesar UK does not accept responsibility for any items lost in transit.­  

• Please keep a copy of the returns document for your records and allow up to 14 working days for your return to be processed.  

Section B: If informed in writing that Lesar UK will collect the goods  

• Please ensure the item/s are securely packaged up and placed in their original packaging including any accessories. • Print out your returns document and include a copy with the item/s to be returned.  

• Please do not write on or attach the returns document to the individual boxes/packs. The item must be in a resalable condition to receive a refund or replacement.  

• Place the items inside a padded envelope or cardboard box along with your returns document, and securely seal.  

• Please email [email protected] that the goods are ready to be picked up and where they are located, and which name should be used for the courier to ask for upon arrival. The Courier will have all the paperwork that he/she needs and will collect the package the next working day. This does not include weekends. 

 • Please keep a copy of the returns document for your records and allow upto 14 working days for your return to be processed. 

8. Title to Goods

Notwith­standing the passing of risk, the title to and property in the Goods shall remain with the Company until the Buyer has paid all sums due and owing to the Company.

(a) Until title to the goods passes the Buyer:

  • shall hold the Goods as fiduciary agent and bailee for the Company;
  • shall keep the Goods separate and stored so as to be clearly identifiable as belonging to the Company;
  • is licensed by the Company to sell the Goods in the ordinary course of business provided that the proceeds of the sale are held in the trust by the Company and always identifiable and provided also that the Buyer's power of sale may be revoked at any time by the Company and shall cease automatically if the Buyer commits any act of bankruptcy or enters into admi­nis­tra­tion, receivership or winding up; and
    on demand, shall deliver up the Goods to the Company, which the Buyer irrevocably authorises to enter the Buyers premises for the purpose of recovering the Goods.

(b) Where Goods paid for by the Buyer are held or stored by the Company, title to any Goods is retained by the Buyer for a maximum of 12 months only. Where Goods are held or stored beyond this point title reverts back to the Company immediately despite payment in any case.

9. Risk and Insurance

The risk in Goods agreed to be sold by the Company shall unless the Goods are forwarded by sea, pass on delivery of the Goods to the Buyer. The Company shall be entitled to treat the risk as having passed if the Buyer fails to require or accept delivery of the Goods (as the case may be) when delivery falls due.

Goods forwarded by the sea are at the Buyer's risk, unless the Company is specifically instructed to insure on the Buyer's behalf. The Company is not required to give any notice to the Buyer to enable the Buyer to insure the Goods during their sea passage. The Company accepts no responsibility for short landed Goods if a clean receipt is given to the carrier.

10. Force Majeure

The Company shall not incur any liability or to be responsible for any loss or damage sustained by the Buyer arising out of or consequence of any interruption in the source of supplies, holding up or delay in shipment of deliveries, any prohibition of import or export , the seizure or stoppage of or requisition of ships or vessels, Act of God, outbreak of hostilities (whether or not war is declared), insurrection, riot, Civil disturbance, Government act or regulation, fire, flood, explosion, accident, theft, climatic conditions, strike, lock‑out or trade dispute (whether of Company's employees or some other parties), shortage or unavailability of Goods, labour or power, or caused by resulting from any other event or circumstances (whether or not of the same or similar kind to those enumerated) beyond the Company's control.

Without prejudice to the generality of paragraph (a) of this condition, the Company shall have the right to cancel or delay delivery or reduce the amount delivered (without any liability on the company for any loss or damage consequential or otherwise arising therefrom). If the Company is unable to fulfil its contractual obligations by reason of any cause beyond the Company's control.

11. Financial Risk

If the Company considers in its absolute discretion that the financial circumstances of the Buyer do not justify payment on the credit terms or any other arrangements previously agreed or the Buyer fails duly to pay for any Goods or to comply with any other material requirements under any contract with the Company, then in either such event the Company may at its option, without prejudice to any of its other rights and remedies, either require payments in cash before dispatch of Goods remaining to be delivered or may cancel all or any contracts with the Buyer and in the case of contracts where delivery is to be made by instalments cancel all or any of such contracts as regards undelivered instalments.

12. Warranty

The Company warrants that it has title to and the right to sell the Goods.

No warranty or representation is given as to the fitness of the Goods for any purpose

13. Liability

Nothing in clause 12 shall exclude or restrict the Company's liability for death or personal injury resulting from its negligence.

In the event of any defect of manufacture or materials or workmanship in the Goods and subject to notification in accordance with clause 7 above, the Company undertakes at its own expense either to remedy such defect or at its option to replace the Goods.

Subject to clause 12 the Company shall not be liable for any loss of or damage to or resulting from the supply or use of the Goods whether arising from breach of duty in contract or tort (including negligence) and in no circumstances, shall the Company be liable for any loss of profit or revenue or for any indirect or consequential loss or damage.

Subject to clause 12 the total liability of the Company for all or any claims shall not exceed the price of the Goods.

14. Export Sales

All export sales are subject to all necessary licences and Exchange Control authorisation being obtained. It is for the Buyer to obtain all such licenses and authorisations in respect of any country other than the United Kingdom.

15. Termination

If the Buyer commits a material breach of contract or any act of bankruptcy or enters admi­nis­tra­tion, receivership or winding up, then in any such event the Company shall have the right to cancel or suspend delivery and treat the contract as determined, but without prejudice to the Company's right to any sums due and damages for loss suffered in consequence of such determination.

16. Health and Safety

The Company has made available any product information issued on the safe storage, handling and distribution of the Goods. The buyer shall be responsible for complying with all statutes, regulations and codes of practice applicable to the Goods.

17. No Assignment and Third Party Rights

All contracts are made between the Company and the Buyer and are not assignable by the Buyer without the consent of the Company. Contracts are between the Company and the Buyer only and no third person shall have any right to enforce any of its terms.

18. Notices

Any notice purported to be given under the contract to the Buyer shall be deemed to have been duly served and have been received by the Buyer in due course of post, if sent by the Company by prepaid letter post addressed to the Buyer's at the last known address.

19. Governing Law

These Terms and Conditions of Sale and all contracts for the supply of all goods by the Company shall be governed by and construed in accordance with English Law, and the Company and the Buyer agree that the English Courts shall have exclusive jurisdiction to determine any disputes arising from or connected with this agreement.

20. Acknow­led­gements

By purchasing from the company, or an official representative of the company, you acknowledge that we may display your logo or branding for the purpose of credibility on any of our websites.

Registered in England No. 4936232