Terms & Conditions
LGA Europe (Selectric) Ltd are constantly adding new products to our already comprehensive range, prices may differ from those described and portrayed in our printed material.
We welcome new suggestions and comments on our current range and should you like to see a new product added to our range please do not hesitate to contact us.
The technical information given in this website (including data sheets & instruction sheets) is offered purely as a guide only and it is the company’s policy to recommend that customers consult a qualified electrician. Any product that has been incorrectly installed or modified in any way will invalidate the guarantee.
LGA Europe (Selectric) Ltd cannot be held responsible for the incorrect application of any product. E&OE.
LGA Europe (Selectric) Ltd aim to deliver quality products and service in a highly professional manner at all times. We are totally committed to our customers and will endeavour to operate with honesty and integrity, trading fairly throughout our success and continuous improvement…and that’s a promise!
Please read these Terms & Conditions carefully
1.1 These are the conditions upon which the Seller offers and agrees to contract and no alteration whatsoever shall be valid or binding unless previously agreed in writing between the parties hereto.
1.2 No employee of the Seller below the level of Managing Director shall have the authority to make any such alteration.
1.3 In this Contract.
“Buyer” shall mean the other contracting party with the Seller for the purpose of the Goods;
“Catalogue” the Sellers catalogue, available from this Website, detailing the Goods;
“Catalogue Goods” shall mean the Goods detailed in the Catalogue;
“Contract” shall mean these terms and conditions, which shall constitute the contract between the Buyer and the seller for sale and supply of the Goods;
“Delivery” shall have the meaning set forth in clause 3.1;
“Delivery Date” shall mean the time or date for Delivery stated by the Seller;
“Goods” shall mean the Goods subject to the Contract;
“Price” shall mean the price for the Goods subject to the Contract;
“Seller” shall mean LGA Europe (Selectric) Ltd, a company incorporated in England and Wales with company registration number 3368568 and includes any associated or subsidiary company thereof or any duly authorised agent;
“Website” shall mean www.selectricuk.co.uk
1.4 Any reference in this Contract to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted at the relevant time..
1.5 The headings in this Contract are for convenience only and shall not affect tier interpretation.
1.6 In the event of conflict between this contract and the terms of the Buyer (whether stated in the Buyer’s order or otherwise) this Contract shall prevail.
1.7 If the Seller having accepted an order from the Buyer (who will have previously been furnished with a copy of this Contract) delivers to the Buyer any of the Goods ordered by the Buyer, the Buyer shall be deemed to have acknowledged and accepted this Contract.
1.8 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed in writing by a Director of the Seller. In entering into the Contract the Buyer acknowledges that it does not rely on any representations which are not so confirmed.
1.9 The Uniform Law on International Sale of Goods and the Uniform Law on the Formation of Contracts for International Sales of Goods are expressly excluded from this Contract.
2. Enquiries and procedures
2.1 All enquiries, applications for quotations and orders connected with the Catalogue Goods should be made directly to the Seller. Contact details and methods of ordering can be found at the website. When ordering, the prospective Buyer should indicate the Catalogue Good’s number, the quantity required and a brief description as it appears in the Catalogue.
2.2 Any quotations given by the Seller shall not in any way constitute an offer to contract on this Contract or any other terms.
2.3 The Seller’s acknowledgement of the Buyer’s order (whether orally or in writing) shall constitute the Seller’s agreement to sell and supply the goods therein stated (the “Goods”) upon these conditions (the “Contract”)
2.4 Each Contract shall be treated as a separate contract. If there shall be at any time more than one Contract in course of performance between the Seller and the Buyer any question, dispute and difficulty which may arise in respect of one such Contracts, the terms on which any of such Contracts may be settled shall not affect in any way the performance of the other Contracts. Nor shall the Buyer be entitled to exercise in relation to any other such Contracts any right of set-off or counterclaim arising under one Contract.
2.5 The Buyer shall be solely responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer, and for providing the Seller with any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.1 The expression “Delivery” as used in this Contract shall deemed to take place when (a) delivery is made (by the Seller or Seller’s employees or any other person acting upon the Buyer’s instructions) or the Buyer’s address (or to such other address as shall be agreed for Delivery) and (b) signature (by the Buyer, or a person in the Buyer’s employ or any person acting upon Buyer’s instructions) of the Seller’s standard form of acknowledgement of Delivery, which shall be conclusive evidence of such Delivery.
3.2 Whilst every effort shall be made to ensure prompt Delivery, the Delivery Date is an estimate only and the Seller accepts no liability whatsoever for Delivery beyond the Delivery Date. The time for Delivery shall accordingly not be of the essence and any failure to adhere to the Delivery Date shall not entitle the Buyer to claim damages or to rescind or cancel the Contract. The Goods may be delivered in advance of Delivery Date at the Seller’s discretion, upon giving reasonable notice to the Buyer. The Seller accepts no liability whatsoever for any loss or expense suffered by the Buyer including any special consequential or indirect loss or damage as a result of any delay in or failure of Delivery.
3.3 If the Buyer does not receive the Goods and/or Seller’s confirmation of Goods on the stated Delivery Date, then the Buyer shall notify the Seller in writing of such non-receipt within 7 calendar days of the stated Delivery Date, Should the Buyer fail to notify the Seller within 7 calendar days of the Delivery Date, the Seller shall not be liable for the non-delivery of the Goods and the Buyer shall be liable and shall indemnify the Seller’s absolute discretion.
3.4 The method of Delivery shall be at the Seller’s absolute discretion.
3.5 The Buyer shall accept part deliveries unless specifically agreed with the Seller in writing.
3.6 If the Buyer refuses to accept Delivery for any reason whatsoever, then the Buyer shall nevertheless pay the seller;
3.6.1 the Price, and
3.6.2 any additional expenses incurred by the Seller as a result of such refusal, including but not limited to any amounts payable by the Seller to its agents, employees or sub-contractors.
3.7 If the Buyer fails to take Delivery of the Goods or fails to give the Seller adequate Delivery Instructions at the time stated for Delivery then, without prejudice to any other right are remedy available to the Seller, the Seller may;
3.7.1 Store the Goods until actual Delivery and charge the Buyer for all related costs and expenses (including, without limitation, storage and insurance); or
3.7.2 Sell the Goods at the best price readily attainable and charge the Buyer for any shortfall below the price under the Contract.
3.8 If the Buyer does not check the Goods on receipt they must be signed for “Unchecked”.
4. Force majeure
4.1 The Seller shall not be liable for damage or injury to the Buyer, its agents, employees or sub-contractors, for the delay in or failure of Delivery or late Delivery caused by conditions beyond the Seller’s control, including but not limited to fire, flood, strike or other labour disturbances, any war, terrorist attack, revolution, government act or embargo, inability to obtain raw materials and component supplies through normal channels at normal prices, or transportation or revocation of export and/or import licences. Delivery of Goods may be totally or partially suspended by the Seller during any period in which the Goods cannot be produced or delivered by reason of any of the above causes.
5.1 Until used, the Goods shall at all times remain in the packaging in which they are supplied and the Buyer shall ensure that the markings on such packaging are not altered or obliterated or obscured in any way. Notwithstanding the foregoing, this provision shall not apply if the Goods are supplied in bulk for repackaging in which case the Seller reserves the right to specify the type of packaging to be used and the markings on such packaging.
6. Price and payment
6.1 The price shall;
6.1.1 In the absence of manifest error or omission and subject to this Contract and in particular sub-clause
6.1.4 below, be final;
6.1.2 The Price payable will be as shown on the Website and the current price list at the time the order is placed, unless otherwise confirmed in writing by the Seller. While the Seller will ensure that all Prices included on its website are accurate, it will be under no obligation to honour any website price if there is any difference die to typographical or other errors resulting in difference from actual price. If the Seller discovers an error in the Prices, it will inform the Buyer. The Buyer will have the option of reconfirming its order at the correct price or cancelling it in such case.
6.1.3 Any other charges incidental to the transportation of the Goods and Delivery shall be for the account of the Buyer;
6.1.4 Notwithstanding sub-clause 6.1.1 above, the Seller reserves the right, at its absolute discretion, including but not limited to reasons of market forces, to adjust the Price if the Seller suffers an increase in the cost to it of supplying the Goods, howsoever caused. The Seller will use its best endeavours to minimise any such adjustment and shall notify the Buyer of any adjustment as soon as reasonably practical.
6.2 The Prices are exclusive of Delivery costs and VAT and any other tax or duty which must be added to the total price payable. VAT will be charged at the rate applicable at the time the order is accepted. The price shall be paid in accordance with the method of payment stipulated by the Seller and defined in sub-clause 6.9 and the time of payment shall be of the essence of the Contract.
6.3 For the purpose of sub-clauses 6.2 and 6.4
6.3.1 On “Account” shall mean that:-
18.104.22.168 the Buyer shall be invoiced for the Price of the Goods delivered in any calendar month and any other sum from time to time due and owing by the Buyer to the Seller under this Contract in the form of a statement (the “Statement”) made up to the end of said calendar month (the “Statement Month”); and
22.214.171.124 the Buyer shall pay the total amount specified in the Statement (the “Total Statement Amount”) prior to close of business on the last day of the month during the Statement Month.
6.3.2 On “Invoice” shall mean that:-
126.96.36.199 the Seller shall invoice the Buyer for the Price of the Goods and any other sums from time to time due and owing by the Buyer to the Seller under this Contract, and
188.8.131.52 the total amount specified in the Invoice (the Total Invoice Amount”) shall be paid prior to the date specified for payment in the Invoice which, unless otherwise stated in the Order Acknowledgement, shall be deemed payable prior to close of business on the last day of the month following the Invoice date.
6.4 Where payment for the Goods in on Invoice or on Account (both as defined in sub-clause 6.3), the Buyer shall pay the Price in accordance therewith, notwithstanding that the Goods are being delivered by instalments and that any Goods remain undelivered.
6.5 Interest shall accrue on the non-payment of any amount in accordance with the above sub-clause 6.3 from the specified date(s) of actual payment of the Price. The rate of interest applied to the unpaid amounts shall be 3% above the prevailing base rate as stated by Barclays Bank plc and the payment of interest shall be made upon the written demand of the Seller (a partial month being treated as a full month for the purpose of calculating interest).
6.6 Without prejudice to any other rights, the Seller reserves the right to suspend or cancel (or first suspend then cancel) further Deliveries under any Contract with the Buyer, should the price or any part thereof not be paid by the relevant payment date(s).
6.7 The Seller reserves the right to treat any of its new or existing customers as a “Proforma Account” holder, whereby the total invoice for the Goods will require to be cleared funds with the Seller prior to despatch of the Goods.
6.8 If payment is made by card, the Seller reserves the right to apply 2.5% service charge for credit card payment or £1 for debit card payment to the total invoice cost of the order (i.e. the Price plus any additional charges) prior to the order being accepted and despatched.
6.9 If payment is made by cheque, the Goods will not be delivered until the cheque has cleared to the Seller’s bank account. For the avoidance of doubt, no payment shall be deemed to have been received until the Seller has received cleared funds.
6.10 The Seller reserves the right to reduce a customer’s credit limit or reeve credit facilities completely if payment is not made when due or when information comes to light of an adverse nature.
6.11 Credit will only be given in the form of credit notes which can be used against further purchases from the Seller and are not transferable.
6.12 Unless otherwise agreed in writing between the Buyer and the Seller, all prices are given by the Seller on an ex-works basis, and where the Seller agrees to deliver the Goods otherwise then at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport and packaging.
6.13 All payments payable to the Seller under the Contract (whether or not then due and payable) shall become due immediately upon termination of the Contract notwithstanding any other provision.
6.14 The Buyer shall make all payments due under the Contract without any deduction, whether by way of set-off, counterclaim, discount, abatement or otherwise, unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.
6.15 If the Buyer fails to make any payment on the due date then. Without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to;
6.15.1 Cancel the Contract or suspend any further deliveries to the Buyer;
6.15.2 Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller), as the Seller may think fit (not withstanding any purported appropriation by the Buyer).
6.15.3 Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of
1.5 per cent annum above the base lending rate from time to time of Barclays Bank plc accruing on a daily basis from the due date for payment until payment in full from the Buyer; and
6.15.4 Recover from the Buyer the price of any Goods delivered to the Buyer notwithstanding that the payment for such Goods has not yet fallen due.
6.16 All costs, charges and expenses incurred by the Seller in recovering any debt due by the Buyer shall be paid by the Buyer on a full indemnity basis.
6.17 Goods supplied may vary in detail from the illustrations, drawings, measurements and descriptions set out in the Seller’s sales literature, which are approximate and for guidance only and will not form part of the Contract. Colour finishes will be maintained as accurately as possible but matching cannot be guaranteed. All terminology used in the Seller’s sales literature is, subject to these conditions, that as understood by general usage in the trade.
6.18 Subject to clause 12, the Seller’s liability in respect of any claims based on defective Goods shall in no circumstances exceed the value of such defective Goods.
7.1 Specification and illustrations contained in or referred by the Catalogue displayed on the Website are accurate at the time of the Catalogue’s publication.
7.2 The Seller reserves the right to supply at its absolute discretion, without notice to the Buyer, modified and/or improved versions of any Catalogue Goods containing the Goods.
8. Exclusion of other terms
8.1 Subject to the provisions of the Unfair Contract Terms Act 1977, all expressed or implied conditions and warranties, statutory or otherwise not included in this Contract are in relation to each Contract.
9. Risk and retention of title
9.1 Ownership of and title to the Goods shall remain vetted in the Seller until the Seller has received payment in full of the Price and all monies due to the Seller under the Contract notwithstanding Delivery and the passing of risk in the Goods or any other provision of this Contract.
9.2 Risk of damage to or loss of the Goods shall pass to the Buyer;
9.2.1 In the case of the Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
9.2.2 In the case of the Goods delivered otherwise than at the Seller’s premises, at the time of Delivery.
9.2.3 If the Buyer fails to take Delivery of the Goods in accordance with this sub-clause 9.2, the time when the Seller has tendered Delivery of the Goods.
9.3 Until payment has been made in full;
9.3.1 the Buyer shall keep the Goods insured from the time the Goods are delivered against all risk to their full replacement value, including injury to persons or damage to property;
9.3.2 the Goods shall clearly be marked as the property of the Seller;
9.3.3 the Seller or its agents may repossess the Goods and for this purpose the Buyer hereby grants to the Seller an irrevocable licence, and
9.3.4 title to and ownership of the Goods shall remain with the Seller in accordance with clause 9.1.
10. Faulty goods, quantity delivered, acceptance of goods, stock cleansed goods, non-faulty returns, price queries
10.1 If any of the Goods upon Delivery are shown to the satisfaction of the Seller, to be defective, and/or not delivered in the quantity ordered, the Seller at its option shall;
10.1.1 in the case of defective goods, either replace the defective Goods or credit the Buyer for the full price of such goods, and/or
10.1.2 in the case of Goods not delivered in the quantity ordered, either deliver the remaining balance of the Goods as soon as reasonably practical or require the Buyer to pay for such part of the Goods actually delivered at the price which is equivalent to that stated for each of such Goods on this Website at the date of Contract.
10.1.3 In the event you/your customer suffer the failure of a LGA Europe (Selectric) Ltd product, a debit/returns note can be sent through to the office via fax or e-mail, detailing the items you wish to return and if possible, on what invoice or order these were received on. Upon receiving this debit, we will arrange the collection of these items, at our own cost providing there is a genuine fault with the item to be returned. Alternately, you may return the item/s back to the Seller; however, we will not be liable to meet any courier charges unless previously notified and authorised.
If possible, please include a Seller’s faulty items form, detailing the nature of the fault. This enables us to inform our manufacturer of any recurring issues with a specific item, helping to avoid further problems in the future and provide you with a superior standard of product.
10.1.4 In the event you require the return of any items purchased that are non-faulty, we operate a separate policy to that regarding faulty items. A debit/returns note must first be sent through to the Seller via fax or e-mail detailing the items you wish to return, monetary value of the items (or invoices/order number that they were received on) and the nature of the return (e.g. Stock Cleanse, Customer Returned).
This request will then be processed for consideration. Please note that you will be required to return any items of this nature at your own cost. You may also be subject to certain terms, for example, the placement of a compensating order equal to or in excess of the value of the returned items, or a handling charge. Be aware that the rejection of a returns request is possible. We do not accept return of items sold as end of line or Clearance.
10.1.5 In the event that you have been charged incorrectly for your purchases, you have received items that differ from those you ordered, or you have failed to receive items you have ordered, a debit/returns note must be sent in to the Seller via fax or e-mail. Once received, the returns department will examine the issue and raise credit where applicable or contact you to discuss.
If you are missing goods from a delivery but received all cartons signed for we request you check your delivery again as we have measures in place to stop shortages on purchase orders by reason of picking error. If you have questions or queries regarding any returns, please contact us via email/telephone/fax or in writing.
10.2 The remedies in sub-clause 10.1 shall be affected by the Seller as soon as reasonably practical subsequent to written notice being given by the Buyer to the Seller of the alleged defects and/or variation in quantity. If the Seller has not received said notice within seven days of the Delivery of the Goods, the Buyer shall be deemed to have accepted the Goods and sub-clause 10.1 shall be of no effect.
10.3 No return of Goods is accepted by the Seller unless the Seller has agreed in writing that the Buyer may return them. The returned Goods shall be accepted into the Seller’s premises only if accompanied by an explicitly stated Invoice or Order Number as provided by the Seller prior to return of the Goods. The Seller’s procedure for return of Goods can be set out and amended by the Seller at its sole discretion.
10.4 The undertakings set out in sub-clause 10.1 hereof shall not apply to any of the Goods which have been; 10.4.1 repaired or altered otherwise by the Seller or its agents or not in accordance with the instructions of the manufacturer of the Goods;
10.4.2 used to create composite products
10.4.3 subjected to any accident or damage, and/or
10.4.4 improperly stored, maintained or used.
10.5 If a sample of the Goods has been provided by the Seller to the Buyer prior to placing of an order, provided that the Goods delivered shall be equal to such sample the Buyer shall take the Goods at its own risk as to the quality condition or sufficiency for any purpose and with all faults and imperfections. The Seller shall be under no liability to the Buyer for any technical or other defects.
10.6 If any liability shall arise on the part of the Buyer for any loss or damage howsoever caused, including but not limited to the negligence of the Seller or it’s suppliers, all such liability for loss or damage shall be limited to the replacement value of the Goods and in no event shall the Seller be liable for loss of profit, damage to plant or for other consequential, special or indirect loss or damage sustained by the Buyer or any third party.
10.7 No Goods may be returned to the Seller without the Seller’s prior written consent and must be returned in their original packaging to ensure no damage is sustained during transit. The Buyer shall be liable for the cost of returning the Goods and for any damage to the Goods prior to receipt by the Seller of such returned goods.
10.8 If at any time the Buyer requests that the Goods or a portion of the Goods be returned to the Seller for any reason other than being defective or damaged, such Goods being referred to as “Unwanted Goods”;
10.8.1 Acceptance of the requested return of the Unwanted Goods shall be confirmed in writing by the Seller;
10.8.2 The Buyer shall return the Unwanted Goods at its own cost;
10.8.3 The Unwanted Goods shall be subject to a handling charge to be confirmed by the Seller at the time of acceptance referred to in clause 10.8.1;
10.8.4 The Unwanted Goods shall be returned to the Seller in full re-saleable condition;
10.9 If any of the conditions stated in 10.8 are not met, the Seller shall be entitled to reject the Unwanted Goods.
11.1 The Buyer shall indemnify and hold the Seller harmless against any claim by loss or damage to any person or property directly or indirectly occasioned by or arising from the use or operation of and of the Goods than in accordance with the Seller’s operating instructions or the instructions of the manufacturer of the Goods. This indemnity shall extend to any costs and expenses incurred by the Seller and shall continue in force notwithstanding the termination of the Contract and the sale and purchase arrangements between the Buyer and the Seller.
11.2 The Buyer undertakes to ensure compliance by his employees, servants or agents with any safety precautions or instructions for safe handling of the Goods given by the Seller.
12. Limitation of liability
12.1 Nothing in this Contract shall operate to exclude or limit the Seller’s liability for any liability which cannot be excluded or limited under applicable law.
12.2 Notwithstanding for foregoing clause 12.1, the Seller shall not be liable to the Buyer for any loss of profit, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
13. Intellectual property
13.1 The Buyer acknowledges that the Seller gives no warranty, nor shall any be implied by any provisions of this Contract, that the Goods do not or will not constitute an infringement of any rights relating to patents, trade marks, registered designs, applications or any of the foregoing, trade or business names and copyright.
14. Termination of contract
14.1 Without prejudice to its rights to claim damages and to any other rights it may have at law or otherwise, the Seller shall have the right to rescind and to cancel any Contract forthwith and without notice, if subsequent to the date of the Contract, the Buyer;
14.1.1 takes corporate action or applies to any court for its winding up or the appointment of a liquidator or a receiver or similar officer of all or part of the undertaking or assets of the Buyer or any liquidation, bankruptcy, insolvency, reorganisation or similar proceedings are initiated by or against the Buyer in any jurisdiction; and/or
14.1.2 makes default in or commits a breach of this Contract or any other of its obligations to the Seller.
14.2 Should the Seller rescind or cancel the Contracts in accordance with sub-clause 14.1, the Seller may (without prejudice to any other remedies ) repossess the Goods with or without prior notice and enter upon any premises under the control or the occupation of the Buyer in which the Goods may be for the purpose of repossession.
14.3 Unless the Seller agrees otherwise in writing the Buyer shall not be entitled to cancel the Contract.
15. Export terms
15.1 Where the Goods are supplied for export from the United Kingdom, subject to any special terms agreed in writing between the Buyer and the Seller, the Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the pimento of any duties thereon. Payment of all amounts due to the Seller shall be made as agreed in writing between the Buyer and the Seller before delivery and in the absence of such agreement payment shall be made pro forma.
16.1 Failure in the exercise by the Seller of any right or power contained in this Contract shall not operate as a waiver thereof or preclude or prevent any subsequent enforcement or insistence thereof (whether or not the Seller is aware of its rights or powers and whether or not the failure and delay occurs more than once).
17.1 If at any time any one or more provisions of this Contract is or becomes invalid, illegal, or unenforceable in any respect under any law the validity, legality and enforceability of the remaining provisions hereof shall not be in any way affected or impaired thereby.
18.1 Any notice or other information required or authorised by this Contract to be given by either party to the other may be given by hand or sent by post, or electronic means to the other party at the address last provided for that type of communication.
18.2 Any notice or other information given by post shall be deemed to have been given on the third day after it was posted; and proof that the envelope containing such notice or information was properly addressed, pre-paid, registered and posted, or that it has not been so returned to the sender, shall be sufficient avoidance that it has been duly given;
18.3 Any notice or other information sent by electronic means shall be deemed to have been duly sent on the date of transmission;
18.4 Service of any legal proceedings concerning or arising out of this Contract shall be affected by causing the same to be delivered to the party to be served at his main place of business or its registered office, or to other such other address as may from time to time be notified in writing b the party concerned.
19. Third party rights
19.1 A person who is not a party to the Contract shall have no right to enforce any term of the Contract by virtue of the Contract (Rights of third Parties) Act 1999.
20. Law and jurisdiction
20.1 This Contract shall be governed by and construed in accordance with the law of England and Wales, and the Buyer agrees that any legal action or proceeding arising out of or in connection with this Contract may be brought at the High Court of Justice in England and the butter irrevocably submits to the non-exclusive jurisdiction of that court.