Lapping Services Ltd

General Conditions of Sale and Delivery

The term ‘Lapping Services’ as used hereinafter shall mean Lapping Services Limited, Hinckley, Leicestershire, England.

1. Formation of Contract
a) The contract is made as soon as Lapping Services has received an order from the Buyer. Sales quotations previously submitted by Lapping Services to the Buyer constitute a mere invitation to place an order with Lapping Services. However, the prices quoted in such a sales quotation are firm for a period specified on the quotation from the date sent by Lapping Services. Additional terms, modifications or side agreements made by telegraph or telephone or orally must be confirmed in writing by Lapping Services to be effective.

b) Any general conditions of the Buyer, which are at variance from these General Conditions of Sale and Delivery, are not applicable to the sales contract concluded between Lapping Services and the Buyer.

2. Extent of Duty to Deliver
The confirmation of order by Lapping Services is determinative of the quantity to be delivered.

3. Prices
The prices stated in the confirmation of order are applicable

4. Payment Terms
a) Payment shall be made in the currency and at the place stated in the confirmation of order or in the invoice.

b) Payment shall be made in accordance with the terms stated on the quotation. Agreements at variance with quotation must be confirmed in writing by Lapping Services to be effective.

c) Bills of exchange and cheques are credited subject to payment. The costs of discounting, as well as all other expenses, shall be borne by the Buyer.

d) If, in the opinion of Lapping Services ,if doubts should arise subsequent to the formation of the contract as to the ability of the Buyer to pay. Lapping Services is entitled to demand payment of the entire contract price or that adequate security for payment thereof be provided.
a) The assertion of warranty claims does not entitle the Buyer to withhold payments due or to set off such warranty claims against such payments.

5. Delivery Period
a) The delivery period begins upon receipt of the agreed initial payment, if at such time all the technical and commercial details have been settled and both parties are in agreement as to the conditions of the transaction. The delivery period is with respect to completion of manufacture at the factory.

The term ‘Buyer’ as used hereinafter shall mean the individual or the company who buys products and services from Lapping Services.

b) Unforeseen events which are beyond Lapping Services control such as shutdowns, strikes, lockouts, etc., whether at its own factory or at suppliers, shall ‘result in an appropriate extension of the delivery period, even though such events may occur at a time at which Lapping Services may be at default in delivery The same applies in the event of changes in the order. In the event of default in delivery, the Buyer shall have no claim for damages nor shall the Buyer be entitled to rescind the sales contract or to contractual damages.

c) After the setting and fruitless expiration of a reasonable period in which the Buyer should request shipment Lapping Services is entitled to otherwise dispose of the goods and to supply the Buyer within a reasonably extended delivery period.

6. Transportation and Shift of Risk of Loss
The risk of loss shall pass to the Buyer upon shipment from the factory; even in cases where delivery with freight prepaid has been agreed. In the event shipment is delayed for reasons for which the Buyer is responsible, the risk of loss shall pass to the Buyer upon the date of the availability for shipment.
Insurance against damage in transit will be obtained only at the Buyers instruction and at his expense. Any claims for damage in transit shall be resolved between the Buyer and the insurer directly.

7. Liability for Defects
Lapping Services warrants against defects in delivery, including the lack of any characteristics expressly warranted, as follows, all other claims being expressly excluded:
a)
If the Buyer intends to use the goods for a particular purpose, not usually anticipated, Lapping Services disclaims all liability, unless this particular purpose is stated in writing by the Buyer upon placing the order and is confirmed in writing by Lapping Services .
The warranty liability with respect to products manufactured by third persons, in particular electro-technical parts such as motors etc., is limited to the assignment of such warranty claims, as Lapping Services may have against the supplier of the product manufactured by the third person.

b) Any action based upon Lapping Services warranty obligation must be filed with the court within six months from the date of the timely notice of breach of warranty.