Terms & Conditions of Sale
AB Lunesdale Limited trading as Lunesdale-Pumps.co.uk are primarily a business-to-business trading company and provide their on-line ordering services subject to the following conditions of use. If you use and/or place an order on this website you are accepting these conditions. Please read them carefully.
Our postal address is: 8 Thurtell C, Lancaster Road, Caton, Lancaster. LA2 9QH. Please note this is postal only, goods cannot be collected or returned at this location.
Our email address is: sales [at] lunesdale-pumps.co.uk
Company registered in England No. 08218827. VAT Registration: GB150 5268 29
1. DEFINITIONS. In these Conditions
a) "the Company" and 'We' and 'Us' shall mean AB Lunesdale Limited trading as Lunesdale-Pumps.co.uk.
b) "the goods" or "goods" shall mean any substance article product to be sold by the Company to the Purchaser pursuant to an order whether alone or with other substances articles or products.
c) "the Company's agent" or "agents" shall mean any supplier distributor service center or the manufacturer of the goods as appropriate.
d) "the Contract Terms" shall mean the terms relating to the goods agreed between the Company and the Purchaser included in: (i) any estimate or quotation provided by the Company or (ii) any tender made by the Company and accepted by the Purchaser; or (iii) any acknowledgement of order given by the Company, (whether or not subsequent to an estimate provided by the Company) PROVIDED THAT in the event of conflict between the above (iii) shall prevail over (ii) and (i) and (ii) shall prevail over (i)
e) All orders shall be executed on the understanding that placing of an order constitutes acceptance of these terms to the exclusion of all conditions of the Purchaser's order except in so far as the same are expressly accepted by the Company in writing. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
f) "the Purchaser" or "You" shall mean any person (or person acting on behalf of a company entity or it's affiliates) that places an order for goods on this website.
2. a) These conditions shall apply to any agreement made between the Company and the Purchaser relating to the goods and the Purchaser shall be deemed to have notice of them if and as soon as it places an order with or accepts a tender from the Company relating to the Goods. The Contract Terms constitute the entire Contract ("the Contract") between the Company and the Purchaser so far as concerns the supply of the goods and shall override be superior to and replace any term of any purchase order the Purchaser might seek to impose.
b) No order or variation shall be binding on the Company unless and until accepted in writing by the Company and no agent or other representative of the Company has any authority from the Company to make or vary any agreement on behalf of the Company unless subsequently notified by the Company in writing. By placing an order on our website You acknowledge that You have read this document and that You agree to be legally bound by the terms of this Agreement. If You agree to these Terms on behalf of a company or other entity, You represent that You have the authority to bind that entity and its affiliates to these Terms, in which case “You” or “Your” shall refer to such entity and its affiliates.
3. Every order or variation accepted by the Company includes only such goods and works as are expressly specified or incorporated in the acceptance in writing of the order. Availability of items displayed on this website is determined by actual physical stock in the warehouse at the point of order acceptance. All items on this website are marked as 'Available' which can mean: a) the item is in stock; b) the item can be ordered; c) the item is due for delivery from the manufacturer to our warehouse. 'Available' does not always mean the item is in stock. If you need the item urgently please contact Us to confirm the required quantity is in stock before ordering. Payment received for items ordered that are not in stock will be refunded on request to the original method of payment.
4. No quotation estimate or tender issued by the Company shall constitute an offer to sell the goods. Any order placed by the Purchaser in response to such a quotation or tender shall constitute an offer made to the Company in accordance with the Contract Terms and shall only be binding on the Company if it is accepted by the Company in writing. For the purposes of website purchases an order shall be deemed to have been accepted by the Company at the point where the Purchaser is notified by the Company by email that the goods have been dispatched.
5. a) Prices quoted by the Company are subject to variation at the time of delivery to meet any changes howsoever occasioned and notwithstanding anything contained in the Contract Terms the company may by written notice given generally or particularly to the Purchaser at any time up to the actual date of completion or performance increase the Contract price and the Company reserves the right to invoice the Purchaser for the goods at the price ruling at the date of despatch and the Purchaser shall pay such invoiced price.
b) If by reason of any law governmental decree order or regulation the Company is prevented from making an increase in the price in accordance with a) above it may cancel the Contract on written notice.
6. Notwithstanding that credit has been given for the payment of the price of goods the Company or its agent shall be entitled to retain possession thereof until payment has been received in full.
7. a) The Purchaser shall pay for any loss to or extra cost incurred by the Company or its agent through the Purchaser's instructions or lack of instructions or the Purchaser's delay or failure in taking delivery or through any request act or default on the part of the Purchaser or the Purchaser's employees.
b) If the Purchaser shall fail to take delivery of goods available within 48 hours of written notice from the Company or its agent to do so the Company shall be entitled to rescind the Contract for the supply of such goods or (if part of a larger order) the remainder of such order and to retain any moneys paid therefore as liquidated damages for breach of the Contract.
8. a) The Company shall deliver the goods at the time or times specified in the order if none be named at its agent's works and save as hereinafter provided such time or times given for delivery shall be reckoned to commence three days from acceptance of the order by the Company in writing or from receipt of all necessary instructions and information to enable the Company to fulfill the order or variation as these may be whichever time shall be the later and if a fixed date or dates is or are specified for delivery such date of dates shall be postponed by the period if any which elapses between the expiration of the said three days and the receipt of such instructions and information.
b) Where delivery is to be made otherwise than at the Company's or its agent's works or premises it shall convey the goods to the point nearest to the place of delivery to which there is suitable access and the Purchaser shall be responsible for unloading the goods. Where delivery is to be made at the Company's agent's works it shall if required load the goods on to a vehicle specified by the Purchaser.
c) Where goods are to be delivered by the Company to the Purchaser other than at the Company's or its agent's works the Company shall have the right to effect carriage by whatever reasons and by whatever route it shall select but normally will arrange delivery either by road transport or by second class post at its option.
d) Delivery dates are approximate only and no liability can be accepted by the Company or its agents for any loss injury damage or expenses consequent upon any delay in delivery from whatever cause nor shall delay entitle the Purchaser to cancel any order or to refuse to accept delivery.
9. Whilst the Company and its agents will use its/their best endeavours to deliver in accordance with the last preceding clause it/they shall nevertheless be under no liability for late delivery save and except to the extent if any of such fixed amount or amounts which it/they may have expressly agreed to pay in respect thereof.
10. a) In any event the Company shall be under no liability for any delay in making or failure to make delivery if such delay or failure be due to any cause whatsoever outside the Company's or its agents reasonable control and no delay shall entitle the Purchaser to cancel an order or variation unless:
Such delay is due to a cause not outside the Company's control and Is unreasonably prolonged in all the circumstances.
b) If by reason of any circumstances whatsoever beyond the Company's control including (but without prejudice to the generality of the fore-going) war riots civil commotion strikes lockouts fire explosions requisitions and Acts of God it shall be unable to deliver any Goods it may cancel contract in respect of the goods affected and any contractual obligations in respect of those goods shall be wholly discharged.
c) If the Purchaser cancels the Contract and the Company elects to treat the Contract as rescinded then without prejudice to any other right or remedy that the Company may have the Purchaser shall forthwith pay to the Company on demand all the costs and expenses it has incurred in connection with the Contract prior to the date of such cancellation.
11. a) The goods properly packed and secured in such a manner as to reach their destination in good condition under normal conditions of transport shall be delivered by the Company or its agents at or despatched for delivery to the place or places and in the manner specified in the order or as subsequently agreed whether by the Purchaser's instructions or otherwise.
b) The Company or it's agents shall be responsible for the proper packing and securing of the goods but shall not be liable for damage caused thereto by third parties (including carriers).
12. Except as otherwise expressly agreed goods sold shall be at the sole risk of the Purchaser as soon as they leave the Company's or its agent's premises.
13. a) If within the period after delivery named in the order ("the Guarantee Period") the Purchaser gives notice in writing to the Company of any defect in the goods which shall arise under proper use from faulty materials or workmanship then the Company shall with all possible speed arrange the replacement or repair of the goods so as to remedy the defect PROVIDED THAT
(i) the Purchaser shall have installed and at all times used such goods properly and in accordance with operating instructions given by the Company the manufacturer and/or its agents; and
(ii) all such defects are reported to the Company on discovery by the Purchaser and within 10 days from being supplied to the Purchaser.
b) The maximum damages recoverable in the event of breach of the Contract by the Company or its agents shall be limited to the Contract price of the goods the Company and its agents shall in no circumstances be liable to the Purchaser for any injury other than death or personal injury resulting from its negligence or any indirect or consequential damage or loss of any kind whatsoever arising out of any breach of the Contract.
14. Failure to advise the Company of non-delivery of goods within 10 days from date for delivery specified in the order will relieve the Company and its agents of all responsibility and liability for loss.
15. Delivery may be wholly or partially suspended and the time of such suspension added to the original contract date or dates for delivery in the event of a stoppage delay or interruption of work in the establishment of either the Company its agent(s) or the Purchaser during the delivery period as result of strikes lockouts trade disputes breakdown accident or any cause whatsoever beyond the control of the Company its agents or the Purchaser respectively.
16. a) The Purchaser shall inspect the goods immediately on the arrival thereof and shall within 10 days from such inspection give notice in writing to the Company of any matter or thing by reason whereof he alleges that the goods are not in accordance with the contract if the Purchaser shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay for the same accordingly.
b) It shall be the Purchaser's responsibility to return alleged defective goods to the Company or its agent(s) at the Purchaser's expense. The Purchaser will be responsible for all goods until received back safely and inspected. Any loss or damage in transit will be at the Purchaser's responsibility and cost.
17. Losses or damage to goods must be notified both to carriers and the Company immediately and damaged parts and packages retained for inspection. No liability whatsoever will be accepted upon failure to do so.
18. The Company or its agent(s) will repair or at its option replace free of charge any of the goods damaged or lost in transit to the place of delivery. Delivery of such lost or damaged goods shall not be deemed to have taken place until the repaired or replaced goods have been delivered Provided always that in the case of both damage and so far as is possible loss the Company is given written notification of such loss or damage within such time as will enable it to comply with the carriers conditions of carriage as affecting loss or damage in transit or where delivery is made by the Company's own transport within 10 days of the receipt of the goods by the Purchaser if the Purchaser fails to give the Company notice of damage or loss within such times as are set out above it shall not be liable to repair or replace the lost or damaged goods and such goods shall be deemed to have been delivered for the purpose of the Contract.
19. a) Payment for goods shall if the Company so requires be made in full prior to delivery and the Company shall be entitled to withhold delivery until such payment is made and any cheque or other negotiable instrument given in settlement cleared. Cleared payment in advance of delivery is always required for website purchases.
b) If payment in advance is not so required in accordance with sub-clause (a) hereof the Contract price shall be payable in accordance with the terms of payment set out to the Contract Terms. Interest will be payable on any sums outstanding after the due date at such rates as the Company may in its absolute discretion think fit but at least at a rate of 2% per month.
c) The Company shall have the right to nominate a date upon which the whole balance of all sums invoiced by or owing to the Company together with all interest or other charges relative thereto shall become payable and service of any notice in accordance with the clause shall make time for payment of the essence of the Contract and any other Unless and until all such sums owing are paid to the Company it shall be at liberty to suspend the performance of all or any of its obligations hereunder.
20. Save as hereinafter provided the Purchase price specified in the order shall be paid on the date and manner appearing in the order and such time for payment shall be of the essence of this contract. For purchases made via the Company's website the Company will not dispatch any goods until full payment has been made and funds cleared.
21. a) The risk in the goods shall pass to the Purchaser under Clause 12 hereof but ownership thereof shall remain in the Company and its agents until payment in full has been made (each order being considered as a whole) or the Purchaser resells the goods as provided herein.
b) Before payment in full is made the Purchaser shall have the power to resell the goods (as principal towards sub-purchaser but as agent as between Purchaser and Company) and the Company shall be beneficially entitled to and the Purchaser shall be under fiduciary duty to account to the Company for the proceeds of resale and any claim thereto.
c) If the Purchaser not having made payment in full for the goods mixes them with other goods or uses them in the manufacture of other products the ownership of the other goods or products shall thereupon vest in the Company as security for such payment and accordingly sub-clause (b) shall as far as appropriate apply to such other goods or products.
d) Until such payment in full the Purchaser shall clearly identify the goods or the said other goods or products as being the property of the Company.
e) The Company or its agents shall be entitled forthwith to recover and resell any or all of such goods or products to which the Company has title here-under and to enter upon the premises of the Purchaser with such transport as may be necessary for that purpose if the Purchaser commits any default hereunder which expression shall without prejudice to the generality thereof include failure to pay the Company on the due date the appointment of a receiver of the Purchaser's business or the presentation of a petition to wind up the Purchaser Nothing herein shall entitle the Purchaser to return the goods or to refuse or delay payment for them.
22. a) All specifications performance figures drawings and particulars of weights and dimensions made available by the Company and its agents and not included in the Contract Terms are approximate only and the description and illustrations contained in its catalogues price lists website(s) or publicity material are intended only to present a general idea of their subject matter and none of the items referred to in this Condition shall form part of the Contract. It shall be the sole responsibility of the purchaser to satisfy himself as to the suitability appropriateness and safety of any and all goods for his intended use prior to purchasing.
b) The Company warrants that the goods supplied are in accordance with the Contract Terms but will accept no liability for failure to attain any performance figures unless such are specifically guaranteed in the Contract Terms.
c) Any other express or implied term condition or warranty whether arising under statute or otherwise as to the fitness suitability quality condition correspondence with description or sample or merchantability of the goods is hereby expressly excluded from the Contract Terms.
d) In placing an order with the Company for the goods the Purchaser acknowledges that it has not relied on any representation made to it by or on behalf of the Company in relation to the goods save as expressly incorporated in the Contract Terms.
e) The method of application of sprays and usage of chemicals using the goods shall be the sole responsibility of the Purchaser and the Company shall not be liable to any suggested or recommended method or methods whether by means of its literature website(s) or any member employee representative or agent of the Company. The Purchaser shall be solely reponsible for satisfying himself before purchase that the goods are suitable appropriate and safe for his intended usage.
f) The Company shall not be liable in any way whatsoever for the results of any spraying washing or cleaning carried out by or on behalf of the Purchaser using the goods.
23. Unless otherwise stated in the Contract Terms the Contract price is ex-works and is deemed to exclude V.A.T. and the Purchaser shall pay any such tax, which is properly payable as an addition to payments otherwise due under the Contract.
24. The Contract and the Contract Terms shall in all respects be subject to and construed in accordance with English Law and the English courts shall have sole jurisdiction in all matters arising therefrom in the case of Export Contracts.
a) Unless otherwise stated in the Contract Terms the full price shall be payable against presentation of shipping documents.
b) The Purchaser shall obtain all import licences and other necessary authorisations required for the transit of the Goods to and into the country of destination and the Purchaser shall pay all customs and import duties on the goods wherever levied outside the United Kingdom.
c) Condition 18 and the words "other than death or personal injury resulting from our negligence "in Condition 13(b) shall not apply.
25. You agree to indemnify, hold harmless, and defend us, and each of our respective officers, directors, contractors, agents, employees, successors and assign from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable lawyers’ fees and fees of other professional advisers, arising out of or in connection with (i) your purchase and/or use of goods and/or use of our website Services (including, without limitation, your use of any Content, description or specification), (ii) your online conduct, (iii) your violation or breach of these Terms, (iv) your negligence or failure to discover comply with and/or take into account any applicable laws regulations or manufacturers specifications guidelines or instructions, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Services or goods. These obligations will survive termination of these Terms. Any clause or item in this section that conflicts with English law in relation to the sale of goods shall be ineffective.
a) Any claim against us shall be limited to the amount you paid, if any, for the goods or service. Our refund to the purchaser for the purchase price of the goods shall be the limit of our liability and the discharge of any and all liability to the purchaser.
26. The Company operates primarily as a business-to-business trading company. Where the Purchaser is a consumer and any transaction between it and the Company is or will be a consumer transaction any statement or term contained in the Contract Terms which would be void by virtue of Section 6 or 20 of the Unfair Contract Terms Act 1977 (or by any statutory amendment or re-enactment) shall be excluded from the Contract Terms and nothing in these Conditions shall affect or be construed as affecting the statutory rights of a consumer. Consumer purchasers will have a statutory right of cancellation of order and return of goods within a 14 calendar day period beginning on the day following delivery under the Consumer Contracts Regulations (2013) providing the goods are in a 'as new' and resellable condition and have not been opened, used, damaged, fitted, put into use or service, modified or otherwise marked. If at our discretion we consider the item(s) returned have been used / damaged, or there are item(s), accessories, literature or packaging missing, we reserve the right to make a deduction from any refund of an amount we deem appropriate.Consumer Purchasers wishing to cancel their order or return items for exchange or refund must notify the Company of cancellation by letter or email and return the goods within the statutory 14 calendar day period. A consumer shall be defined as an individual person ordering goods for their own personal use in a domestic environment and not for resale or use in any trade business profession or occupation. Return carriage will not be refunded on any items returned under the Consumer Contract Regulations (2013). The Purchaser is responsible for all items returned until we receive the item(s) back safely and undamaged. It is the Purchaser's responsibility to ensure the goods are returned suitably packed and protected, to arrange tracking / proof of delivery, and to arrange insurance with the carrier to cover the full value of the returned goods.
27. If tests other than those (if any) specified in the Company's tender estimate or quotation or tests in the Purchaser's presence or the presence of the Purchaser's representative are required these will be charged for in the event of any delay on the Purchaser's part or on the part of its representative in attending such tests after seven days notice that the Company are able and willing to conduct then the tests will proceed in the absence of the Purchaser or its representative (as the case may be) and shall be deemed to have been made in the presence of the Purchaser or its representative ( as the case may be).
28. The Company and/or its agents warrant that at the time of manufacture the goods did not infringe any trademark or letters patent in the country of manufacture PROVIDED ALWAYS that this warranty shall not extend to goods manufactured according to the Purchaser's designs or drawings and the Purchaser will indemnify the Company against any actions claims or demands whatsoever arising by virtue of such manufacture The Company does not warrant that the importation or use of the goods in any other country is free of infringement of any patents or trademarks or copyright of such country and the Purchaser will indemnify the Company against any actions claims or demands howsoever arising in respect of the importation or use of the goods in any such country.
29. The Company reserves the right to pay for goods or to receive payment for goods by contra entry in its accounts in the event of a contra settlement it will be deemed that the Title of the goods will have passed as if cheques/payment had changed hands.
30. VAT invoices will not be included with goods dispatched but will be sent by email and may also be downloaded from the customer area of our website at any time after the goods have been dispatched.
31. The Company's 'Warranties' 'Delivery' and 'Returns' information available on this website shall form part of these Terms & Conditions of Sale and shall be read in conjunction accordingly.
32. Orders for goods that are non-stock items and are ordered specially for the Purchaser cannot be cancelled once placed nor the goods returned for credit or for any other reason unless faulty. Faulty goods will be repaired or replaced in accordance with the manufacturer's (and / or distributor's) standard 12 month warranty as detailed in our Warranties terms section and subject to the terms therein. Non-stock items will usually have the availability of 'To order' followed by a time period such as '3 to 4 weeks' or similar. Whenever possible we will attempt to confirm with you that you are aware and understand this condition applies prior to processing your order.
33. If you have made an error in your order please contact us and tell us. We will amend your order for you.
34. If an item has been incorrectly priced on our website the correct price for that item will be charged for any order made or the order for that item will be cancelled and refunded by Us. Neither submitting an electronic order form, completing the checkout process, nor your card being debited/bank transfer being made constitutes our acceptance of your order. No order will be deemed to be accepted by Us until that order has been dispatched.
Use of this Website:
The Company has provided this website and all of it's content on the basis of E & OE. The Company makes no representations or warranties of any kind with respect to this web site or its content. It is the Purchaser's responsibility to satisfy themselves prior to ordering that any item ordered is sutable for their intended use by their own enquiries of the manufacturer, the manufacturer's literature, and/or other sources of professional advice and information as appropriate.
All data and measurements are without liability and indicate approximate values only. The manufacturers and their agents reserve the right to make technical or other modifications at any time without prior notification.
The product descriptions and/or specifications used and provided in this website do not represent guaranteed characteristics. The details we provide are recommendations only, which we provide to the best of our knowledge and in good faith. It is the sole responsibility of the Purchaser to satisfy himself as to the suitability, appropriateness and safety of any items for his intended usage before purchase by reference to the manufacturer's literature and/or other sources.
The Company disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, the Company does not represent or warrant that the information accessible within this web site is accurate, complete or current.
All information on this website can be changed or modified without prior notice. Neither the Company nor any other manufacturers suppliers or representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
All website product data and images are displayed in good faith as being correct to the best of our knowledge, based on information from our suppliers. We cannot accept any responsibility for errors or omissions in technical specifications or descriptions or images or errors in pricing. Purchasers agree by purchasing that they are solely responsible for satisfying themselves as to the suitability of any item for their intended needs and usage before purchasing by reference to the manufacturer, the manufacturer's literature and/or other relevant sources as appropriate. If an item has been incorrectly priced on our website the correct price for that item will be charged for any order made or the order for that item will be cancelled and refunded by Us. No order will be deemed to be accepted by Us until that order has been dispatched.