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Lab Mode Ltd. Conditions of Sale
The only terms and conditions of contract between Lab Mode and the Customer shall be those set out below. Orders are accepted only on the condition that no conditions of purchase shall apply, unless other terms are expressly accepted in writing by an authorised employee of Lab Mode.
product descriptions & prices
All descriptions, specifications, drawings, photographs, illustrations & diagrams concerning products are for the purpose of information and guidance only, whether in catalogues, brochures, websites, leaflets, price lists or otherwise. Errors and omissions excepted.
All prices shown on our website, leaflets or brochures, are net ex-works prices exclusive of Value Added Tax and any other taxes or duties. Lab Mode reserves the right to change prices and to invoice at prices current at the date of receipt of an order.
Our quotations are expressed for a fixed price and remain open for acceptance by the Customer within the period stated in the quotation or if no period is stated, within 30 days of the date of the quotation irrespective of when the quotation is received by the Customer. Errors and omissions excepted.
All orders are subject to acceptance by Lab Mode Ltd and to availability of goods ordered. Lab Mode reserves the right to refuse any order. Orders cancelled by the customer may incur a charge. Orders for customer specified or non standard products may not be cancelled without the prior agreement of Lab Mode Ltd.
Lab Mode undertakes to deliver by specified delivery dates. However, in all cases delivery dates are estimated only and without commitment by, or obligation on, our part. The Customer is not entitled to cancel any order or to delay or refuse payment if delivery is made after the specified delivery date.
Unless otherwise agreed by Lab Mode, orders for delivery within the United Kingdom will be delivered at the Customer’s cost by whatever means Lab Mode considers appropriate. The cost of insurance and packaging, if any, will be charged in addition to the price quoted for the goods. Lab Mode is entitled to make delivery of goods or carry out services in instalments and the Customer is obliged to pay for each instalment in accordance with the Lab Mode’s usual terms.
If the Customer fails to accept delivery within 14 days of receipt of notice that the goods are ready for delivery, the Customer is liable for all Lab Mode’s storage and other charges. In such cases, Lab Mode is entitled resell or otherwise dispose of the goods.
Risk in products will pass at the time of delivery to the customer.
Unless otherwise agreed in writing, payment in full (including any VAT) and any additional transport, insurance, packaging and/or additional costs) is due within 30 days from date of invoice. Lab Mode has the right to charge interest on all overdue sums at the rate of 4% above over the base lending rate of the Bank of England calculated at the date of actual payment.
Lab Mode shall be entitled to increase the price to recover any additional costs arising from variation or delay in delivery occasioned by the Customer’s instructions.
All invoices for orders using prices and terms from a published Lab Mode quotation must be strictly paid within stated payment terms or if no special payment terms are stated, within 30 days of the date of invoice. If the Customer delays payment without providing a fair and reasonable explanation in writing, within the stated payment period, Lab Mode reserves the right to invoice for the goods ordered at the manufacturer’s recommended price. The customer must then settle the amount immediately and fully.
Lab Mode reserves the right to deliver an order in instalments and the Customer is required to pay the invoice for each instalment within 30 days from date of invoice.
Claims for non-ordered items or non delivery of items must be made within 7 days of receiving the invoice.
Products delivered to the Customer will remain the property of Lab Mode until paid for. Until the property in the Products passes to the Customer, the Customer shall keep the Products properly stored, protected and insured (in an amount which is not less than the price payable to Lab Mode therefore) and identified as Lab Mode's property. If payment is overdue and a receiver administrator or liquidator is appointed over you or any of your assets, Lab Mode has the right to enter any of your premises to repossess any goods supplied to you and not paid for in full. This right does not prejudice any of our other rights.
return of damaged or unsuitable goods
Goods may only be returned to Lab Mode with our authorisation, obtained in writing by an authorised employee of Lab Mode.
Authorisation to return products damaged during delivery or products delivered in error by Lab Mode must be requested by the Customer within 7 days of delivery. Lab Mode reserves the right to repair and return damaged products.
Authorisation for the return of products which fail to meet current published manufacturer’s specifications must be requested in writing within 28 days of delivery. Return of customer specified or non-standard products will not generally be accepted.
Loss of or damage to the Products after the risk of such loss or damage has passed to the Customer does not discharge the Customer from their obligation to make full payment of the purchase price.
Authorisation for the return of products, other than those damaged during delivery, delivered in error by Lab Mode or those that do not meet specification, must be requested within 10 days of delivery.
Subject to fair wear and tear, and the due observance of any installation, user, storage, operating or maintenance instructions by the Customer, Lab Mode undertakes to replace or, at our option, repair free-of-charge to the Customer, any goods which the Customer can establish are defective by reason of defective workmanship or materials and which are returned to Lab Mode carriage paid by the Customer, within 12 months of the date of receipt by the Customer. Returns must be made by registered postal service or courier.
Credit (less a handling charge of 15% of the invoice value of all products returned subject to a minimum charge of £30) will be given for those products authorised by Lab Mode for return which are unused and in re-saleable condition other than those in the categories shown:
1. items with an expired shelf life or an expiration date too short for resale;
2. any article that has been delivered direct by a third party supplier;
3. items made to the customer’s specification or made to order for the customer or non standard items
4. discontinued items;
5. items not purchased from Lab Mode.
Articles that have been delivered on our behalf by a third party supplier will not be accepted back at our warehouse in Milton Keynes.
health, safety and liability
The Customer agrees that it shall take reasonable steps to eliminate or reduce any risk to health and or safety to which use of equipment may give rise and acknowledges that where equipment is manufactured to a design supplied by the Customer, Lab Mode will not undertake any research as to the risks to health and or safety which may arise from use, siting or storage of the equipment.
Any liability accepted by Lab Mode under these terms and conditions is in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the products and save as provided in these terms and conditions Lab Mode will not be under any liability in respect of defects in products delivered or for any injury (other than death or personal injury caused by Lab Mode negligence as defined in the Unfair Contract Terms Act 1977) damage or loss resulting from such defects or from any information, service or advice provided by Lab Mode or its employees, contractors or agents. In no event shall Lab Mode be liable for any consequential loss whether or not resulting from force majeure. The customer indemnifies Lab Mode against any claims from its employees, contractors or agents.
The Customer will indemnify Lab Mode against any claim, proceedings, costs, loss, damage or liability suffered Lab Mode as a result of any failure by the Customer, or any other person in control of the goods, to take such steps or ensure compliance with the duties referred to above.
Liability of Lab Mode for any loss or damage suffered by a customer and arising by reason of defects in the products or otherwise, is limited to the invoice price of the products, in respect of, or in relation to which loss or damage is claimed.
patents, designs and technical information
The Customer shall not use or deal with the goods or Lab Mode’s catalogues, brochures, leaflets or lists so as to infringe, interfere with or weaken any rights of Lab Mode or any manufacturer of the goods under or in respect of any patents, processes, proprietary information, trademarks, registered designs, logos, artwork or copyright for or in connection with the goods. Lab Mode will have no liability for the infringement of any rights of any third party arising from the use of the goods in combination with other goods, trademarks or processes not supplied by us.
Where goods are manufactured to the design or specification of the Customer, the Customer warrants that such design or specification does not infringe the rights of any third party.
termination and suspension
Lab Mode have the right, without prejudice to its other rights, to cancel or suspend the performance of the contract or any part thereof should the Customer be in default of any of its obligations under the contract or should there be any amounts due and unpaid by the Customer to Lab Mode whether in respect of the Customer’s obligations under the contract or any other contract.
If Lab Mode is at any time unable to perform its obligations for any circumstances beyond its control it will be entitled either to terminate or suspend the contract or any part of it without incurring any liability whatsoever to the Customer. Without limitation, circumstances beyond the Lab Mode’s control shall include, war, civil commotion or insurrection, strikes, lockouts or other labour or industrial disputes, legislation whether by statute, regulation, instrument or order, earthquake, fire, flooding, tempest or abnormal weather conditions, breakdown or interruption of or disruption in supplies, plant, machinery or equipment or transport and all other occurrences or circumstances which prevent, hinder or delay Lab Mode’s performance of the contract.
This contract shall be governed by and construed according to English Law and the Customer submits to the jurisdiction of the English Courts.