Terms and Conditions

Terms and Conditions LAKES AGGREGATES & LANDSCAPE SUPPLIES

 

  1. Interpretation

In these terms and conditions, the following definitions shall apply:

Account Customer” means Customers of the Company 

Company” means Lakes Aggregates & landscape supplies.

Goods” mean the subject matter of the contract.

Contract” means an agreement between the Company and any Customer of which these terms and conditions shall form part of.

Customer” means the company, firm or person with whom the Company contracts

Non-Account Customers” means Customers of the Company 

  1. Terms of Sale
    • The Company shall sell and the Customer shall purchase the Goods in accordance with these Conditions which shall govern the Contract to the exclusion of any other terms and conditions (including any terms and conditions which the Customer purports to apply under any purchase order, confirmation of order or similar document).
    • Each order for Goods by the Customer to the Company shall be deemed to be an offer by the Customer to purchase the Goods subject to these Conditions.
    • Any quotation is given on the basis that no Contract will come into existence until the Company accepts the order in accordance with Condition 3.4.
    • The Company’s catalogues, instruction leaflets, manuals, drawings, illustrations, specifications, quotations and price lists do not constitute offers by the Company and the Company reserves the right to withdraw the same at any time prior to acceptance of an order. 
    • No terms or conditions endorsed upon, delivered with, or contained in the Customer’s purchase order, specification or similar document will form part of the Contract simply as a result of a reference to such document in the Contract. 
    • No variation to these Conditions shall be binding unless agreed in writing by an authorised employee of the Company of the grade of general manager or director. 
  2. Quotations
    • Quotations may be withdrawn at any time before receipt of the Customer’s acceptance and shall be deemed to be withdrawn if acceptance is not received within three calendar months from the date of quotation. All quotations exclude vat (unless otherwise stated).  VAT will be added to all invoices at the rate applying at the appropriate tax point.
    • It is the Customer’s responsibility to check all details prior to placing an order; it is the responsibility of the Customer to inform the company of any variations to the original quote prior to placing an order.
    • In the event that the Company provides estimates of quantities or measurements on the basis of drawings and/or bills of quantities and/or specifications submitted by the Customer, the Company shall exercise reasonable care in so doing but accepts no liability for inaccuracies in the estimates or calculations. Without prejudice to the generality of the foregoing, the Customer is specifically advised to conduct his own survey of the aforesaid documents and to seek independent advice in verification of the said quantities and measurements.
    • The placing of an order by the Customer orally or in writing shall constitute an offer and a Contract shall be affected if and when such offer is accepted by the Company in writing (which for the purpose of this clause 3.4 only shall include email) and not at an earlier time. Once confirmation of the order has been sent by the Company it is deemed that a formal contract is in place which shall be binding on the parties. If the Customer wishes to reduce the size of an order or vary it in any way after the order has been placed and accepted by the Company, this shall be done entirely at the Company’s discretion, and the Company reserves the right to charge the full value of the original order, or make additional charges under clause 3.5 if necessary.
    • Following a Customer placing an order and the Company giving acceptance creating a Contract in line with clause 3.4 above, the Company reserves the right to make additional charges if the Customer later makes additional requests to vary the specifications of the order (including delivery) in any way.
  3. Delivery
    • All dates and times provided by the Company for delivery are estimates only and the time for delivery shall not be of the essence of the contract. The Company shall not in any event be liable to compensate the Customer in damages or otherwise for any non-delivery or late delivery of Goods or for any loss consequential or otherwise arising therefrom.
    • The Company reserves the right to make delivery in instalments and to tender a separate invoice in respect of each instalment. Each delivery shall be considered a separate transaction, and any failure to affect one delivery will not entitle the Customer to cancel any other instalment and /or withhold payment.
    • Unless otherwise expressly agreed in writing our prices only cover work done and delivery on normal working days and during normal working hours. In the event that deliveries are made or work is done at the Customer’s request on Bank Holidays, Sundays and Saturday afternoons and outside normal working hours, the Company reserves the right to apply additional charges.
    • The Company accepts no liability for shortage, damage of loss in transit unless the damages or shortages are recorded at the time of delivery on the relevant delivery note and the Company is notified of the issue by the Customer within 48 hours following the time of delivery. If the delivery vehicle is kept on site for an unreasonable time or has to return without completing delivery an additional charge will be made.
    • The Customer must make all arrangements to take delivery of the Goods including suitable offloading equipment and labour. If due to Customers actions or omissions the Company are unable or delayed in delivering the Goods, then the Customer is liable to pay the Company all costs incurred in connection with the delivery or redelivery as the case may be.
    • Risk or damage to Goods shall pass to the Customer upon delivery (or if agreed upon collection).
  4. Materials
    • If a sample has been received by the Customer, the Company cannot guarantee an exact match when samples are submitted. The Customer accepts that samples are drawn from bulk and are representative of the whole and no guarantee can be given that every item will be the same in all respects as the sample.
    • The Customer acknowledges that aggregates and the natural stone products is subject always to natural markings, veining, colour variations, cracks, fissures and vents, and variations in marking size and thickness are to be expected. The Customer accepts that Natural stone and aggregates can change colour and appearance over time due to natural deposits and minerals contained within the stone.  The Company accepts no liability for any change in appearance of the stone.
    • The Company accepts no liability for any change in appearance of the natural material caused by the natural properties of the product supplied. Any descriptions of materials provided by the Company are for guidance only and o not imply suitability for any particular purpose. Where the Company specifies the thickness of the Goods, a tolerance of +/-3 millimetres shall be deemed to have been incorporated into any description supplied.
    • The packaging of our Products may vary from that shown on images on our site.
    • All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
    • The Customer uses the Goods at their own risk.
  5. Payment Terms
    • For Account Customers, all sums are due within 30 days from the invoice date. If deliveries or individual orders are spread over a period each consignment will be invoiced as despatched or complete and each month’s invoice will be treated as a separate account and be payable accordingly.
    • The Company reserves the right to charge interest of 8% above the Bank of England base rate on all overdue accounts calculated at a daily rate.
    • Failure to pay for Goods or delivery shall entitle the Company to withdraw all services and custom from the Customer.
    • Non-account Customers will be required to pay a deposit with the balance being payable prior to collection or delivery of the Goods.
  6. Title and Risk
    • The ownership of the Goods sold by the Company to the Customer shall remain with the Company until the Customer has paid the Company the price in full for those Goods.
    • The risk in the Goods shall pass to the Customer on delivery or collection.
    • Notwithstanding delivery and the passing of risk in the Goods or any other provision of these conditions, the property of the Goods shall remain in the Company until the Company has received in cash or cleared funds full payment of the Goods.
  7. Termination
    • The Company shall be entitled without prejudice to its other rights and remedies either to terminate wholly or in part any or every Contract and the Customer or to suspend any further deliveries under any contract in any of the following events:
      • If any sum owing from the Customer to the Company for any reason whatsoever is unpaid after the due date for payment.
      • If the Customer refuses to take delivery or to collect (as the case may be) any Goods.
      • If the Company has reason to doubt the creditworthiness of the Customer.
      • If the Customer has a receiver, administrator, receiver, liquidator or other supervisor appointed over any of its assets or undertaking or if the Company enters into any composition or arrangement with its creditors or commits any other act of insolvency.
      • If the Customer commits any breach of any Contract between the Company and the Customer.
    • Either party may terminate the Contract by written notice it the other becomes insolvent it is deemed to be insolvent within the meaning of S123 of the Insolvency Act of 1986.
    • Notwithstanding termination of the contract these conditions shall continue in full force and effect for so long as necessary after such termination to give full effect to the provisions contained in these conditions.
    • Company under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these conditions. In no event shall the Company be liable to the Customer for any incidental or consequential loss, damage or injury.
    • The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Goods, if the delay was due to any case beyond the reasonable control of the Company.
  8. Exclusions

The Company shall not be liable to the Customer or be deemed to be in  breach of the Contract by reason of any delay in performing or any failure to perform any of the Companies obligations in relation to the Goods, if the delay or failure was due to any case beyond then reasonable control of the Company, including but not limited to acts of God, war, riot, flood, drought, exercise if Government EC of foreign authority, contrary legislation, strikes, lockouts trade dispute, import or export regulations or embargoes and difficulties in obtaining materials (raw or otherwise).

  1. Storage of Goods
    • If for any reason the Customer is unable to, or refuses to, accept delivery of the Goods when the Goods are due and ready for delivery the Company may at its absolute discretion, arrange storage of the Goods and the Customer shall be liable to the Company for the reasonable costs (including insurance) of such storage, such costs being £30 per week per pallet but subject to periodic review.
    • This provision is without prejudice to any other right which the Company may have in respect of the Customer's failure to take delivery of the Goods or to pay for them in accordance with the contract.
    • Where delivery is delayed with the agreement of the Company at the Customer's request, then the Customer shall be responsible for arranging collection and storage at its own expense and the Company shall have no further obligation in relation to delivery and storage.
  2. Data Protection
    • Data received from the Company will be stored and processed by the Customer in accordance with the applicable statutory provisions.
    • Data made available to the Company by the Customer or made or purchased by the Company for and at the suggestion and expense of the Customer, will remain or becomes the property of the Customer and will be processed by the Customer in accordance with the applicable statutory provisions.
  1. Confidentiality

All business or technical information disclosed by the Customer to the Company may not be disclosed to third parties unless this information is also available in the public domain. The information may only be made available to those of the Company’s employees who need to know this information in order to fulfill the contract and who are under respective confidentially obligations. Any information given by the Customer to the Company shall remain the Customer’s property and must not be reproduced nor be used commercially without the Customer’s prior written consent.

  1. General
    • All notices between the parties in respect of the Contract must be in writing and delivered by hand, sent by first class pre-paid post, sent by facsimile transmission or sent by e-mail (in the case of notices to the Company) to the Company’s address, facsimile number or e-mail address shown at the end of this document or as notified in writing by the Company from time to time or (in the case of notices to the Customer) to its registered office (if it is a company) or (in any other case) to the last known address of the Customer or such address, facsimile number or e-mail address as shall be notified in writing to the Company by the Customer for this purpose. 
    • Notices shall be deemed to have been received 48 hours after posting (exclusive of the day of posting) if sent by first class post; on the day of delivery, if delivered by hand; or at the time of transmission, if sent by facsimile or by e-mail, provided that a confirming copy is sent by first class pre-paid post to the other party within 24 hours after transmission. 
    • No waiver by the Company of any breach of any provision of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. 
    • Any provision of the Contract which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of the Contract and the remainder of such provision shall not be affected. 
    • All Contracts shall be governed by the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which arises in connection with the Contract. 
    • The Customer shall not assign, sub-contract or otherwise transfer all or any of its rights, interests or obligations under the Contract without the prior written consent of the Company. Any or all of the Company’s rights or obligations under the Contract may be assigned or sub-contracted by the Company.