T&Cs
LINGSHAN TRADING COMPANY LTD
TERMS & CONDITIONS of SALE - LED
1. Definitions
In these conditions 'the Company' means Lingshan Trading Company Limited and 'the Customer' means the person or company to whom this document is addressed. To be served alongside the company Warranty and the company Manufacturer Return Policy.
2. Conditions
These conditions shall form the basis of a contract between the Company and the Customer. Notwithstanding anything to the contrary in the Customer's standard conditions of purchase expressly agreed in writing. No servant or agent of the Company has the power to vary these conditions orally or to make representations or promises about the conditions of the goods, their fitness for any purpose or any other matter whatsoever.
3. Quotations, Orders and Acceptance
Unless otherwise expressly stated in writing, all quotations and estimates by the Company remain valid for 30 days from their date. Quotations are subject to withdrawal at any time before receipt of an unqualified order. The Customer's order is an offer and will become binding upon the company posting its confirmation of acceptance of the order. A confirmed order may only be cancelled or varied with the Company's consent; the giving of which shall not in any way prejudice the Company's right to recover from the Customer full compensation for any loss arising from such cancellation or variation.
4. Delivery
All delivery dates are estimates only and time of delivery shall not be of the essence of the contract. Under no circumstances shall the Company be liable to compensate the Customer in damages or otherwise for non delivery or late delivery of the goods in whole or in part for whatever reason or for any consequential loss or otherwise arising there from. The lead time to delivery, includes the time required to process the order, make the goods where necessary and pack ready for despatch and will commence only upon receipt of all the information needed by the Company including official order, deposit payments, product specification, relevant documents, artworks and customer drawings. Should an earlier delivery be required necessitating overtime or any other additional costs not apparent at the time of quotation, the Company reserves the right to levy agreed additional charges in this respect. Should the Company be prevented or hindered from delivering the Goods or any part thereof by reason of war, riot, explosion, fire, flood, strike, lockout, shortage of materials, labour or any other cause outside of the Company's control, the time for delivery shall be extended until the cause for delay has ceased. Delivery shall be deemed to have taken place when the goods are despatched from the Company's works. The Company shall not be liable for any loss of any kind to the Customer arising from any damage to the Goods occurring after the Customer has taken possession, however caused, nor shall any of the Customer's liabilities to the seller be diminished or extinguished by reason of such loss.
The Company may at its option cancel or suspend (or suspend and later cancel) all further deliveries under the contract in the event of default by the customer in making any payment due hereunder or under any other contract between the Company and the Customer.
5. Payment
Unless otherwise agreed in writing, by the Company’s authorised representative, the Customer shall settle all accounts within the terms stated in the quotation. Overdue accounts shall attract interest at the rate of 3% over HSBC Bank base rate accruing daily. Late payment may incur loss of any previously agreed discounts. The Customer shall pay all accounts in full and not exercise any rights of set off or counter claim against invoices submitted.
6. Ownership and Risk
The Company shall retain title to the goods until payment has been made in full. The risk of accidental deterioration or destruction shall pass on delivery and the Customer shall insure against such risk.
7. Cancellation and Returns
The Customer may not cancel or vary the contract or any part thereof without the consent of the Company. Cancellation and returns if agreed shall be on the express condition that the Customer shall indemnify the Company against all loss. In the event of the return of re-saleable goods, the indemnity shall be calculated at a rate equivalent to 15% of invoice value excluding VAT.
8. Guarantee
The Customer shall carry out a thorough inspection on receipt thereof, and report within 3 days of receipt, any manufacturer defects, which may be apparent from such an inspection. In the case of manufacturer defects apparent within the valid warranty period of the product, being the warranty period of between 12 and 36 calendar months depending on individual product, the Customer must give written notice to the Company who will repair or replace (at its option) any components of the Company's manufacture which fail due to faulty materials or workmanship. In the case of components or products not of the Company's manufacture, but supplied by the Company as part of a contract order, the Company will assign to the Customer its rights against its supplier and these rights shall be taken in extinction or substitution for any rights which the Customer would otherwise have had against the Company. The liability of the Company under this guarantee shall be limited to the invoice value of the components replaced or repaired and the Company shall not be liable for any consequential loss or damage howsoever arising. It shall be the duty of the Customer to insure against such loss and to hold the Company harmless therefore.
9. Links to Third Party Websites
The Site contains links to internet sites and resources maintained by third parties. The Company accepts no responsibility for the privacy practices or content of other such sites. You assume sole responsibility for use of third party links. The Company provides these links merely for your information and as a convenience and the inclusion of such links does not imply an endorsement. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. The Company is not responsible for any third party content or error, omission or inaccuracy in any advertising material.
10. Transmission of Personal Data/User Communications
Any personal information or feedback you provide via this Site cannot be guaranteed against interception by a third party while in transit over the public internet, but will be governed by our Privacy Policy (terms of which are included herein by reference) once received.
The Company processes information about you in accordance with its Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
11. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with Hong Kong law. The parties irrevocably agree to irrevocably submit to the exclusive jurisdiction of the Hong Kong courts in relation to any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them.
For and on behalf of Lingshan Trading Company Limited
Valid as of 01 January 2001