Terms & Conditions of Sale

  1. Definitions
    In these conditions the following terms shall have the following meanings: “Company” means Larsen Building Products. “Customer” means the Customer of the Company. “Contract” means any contract for the sale of goods by the Company to the Customer. “Goods” means any goods forming the subject of this contract including materials incorporated in them.

  2. Quotations
    Quotations by the Company unless otherwise stated in them shall be open for acceptance within Thirty days of the date of the quotation.

  1. Contract
    3.1 No contract shall come into existence until the Customer’s order (however given) is accepted by the earliest of:  
    3.1.1 the Company’s written acceptance;  
    3.1.2 delivery of the goods;  
    3.1.3 the Company’s invoice.
    3.2 These conditions shall be incorporated in the contract to the exclusion of any terms and conditions stipulated or referred to by the Customer.  
    3.3 No variation or amendment of these conditions or oral promise or commitment related to it shall be valid unless committed to writing and signed by a Director of the Company.

  1. Prices
    4.1 The price includes all packaging, delivery and insurance unless in cases where an ex-works price has been quoted, or otherwise stated within the quote or below the minimum net order value, these orders will incur a nominal delivery charge which is variable and charged at cost  
    4.2 The price excludes V.A.T  
    4.3 The Company will endeavor to notify the Customer of any price increases there may be from time to time but it is the Customer’s responsibility to check the price of goods at the time of ordering. Prices are those charged by the Company at the date of dispatch.

  1. Payments
    5.1 All invoices are payable 30 days after the date of invoice (unless otherwise stated) if the Customer has an approved credit account.
    5.2 If the Customer does not have an approved credit account, payment must be made before the goods are delivered or collected.
    5.3 The Company reserves the right to charge interest at 2% per month (or part) on any late payments and any legal charges incurred by the Company in collecting any overdue amounts which will be added to the Customers account.  
    5.4 The Customer must not withhold payment because of any dispute or claim.

  1. Delivery
    6.1 Deliveries will be made to the delivery address nominated on the delivery document.
    6.2 Where possible delivery will be made to Customer’s requirements but this cannot be guaranteed and no liability will be accepted by the Company for late or wrong delivery of the goods.

  1. Inspection, Shortages and Defects
    7.1 The Customer must inspect the goods as soon as possible after it has received them and in any event within 24 hours of receipt by it.  
    7.2 Any shortages or damages must be marked on the delivery note and the sales office must be telephoned and informed within 24 hours of receipt of goods, stating batch numbers where possible.  
    7.3 Any defects must be notified in writing to the Company within 3 months of receipt of goods, stating the batch numbers where possible.
    7.4 No refund/credit relating to damaged goods or packaging will be awarded by the company once the delivery note has been signed by the customer or the customer’s representative.

  1. Return of Goods
    8.1 Goods must be within shelf life.  
    8.2 Goods must be in saleable condition  
    8.3 Customers will be charged as follows:
    a) Goods returned by Customer 10% invoice value
    b) Goods collected by Company 20% invoice value
    c) No credit will be issued until Goods have passed a ‘fit for resale’ test
    d) No cost will be accepted for application access, or other associated claim, and assumes that material has been applied correctly, and project purpose or use has not changed.  
    8.4 We will not accept goods back after 28 days unless it is a product performance issue.

  1. Warranties, Scope of Contract and Extent of Liability
    9.1 Any descriptions, illustrations, specifications figures as to performance drawings and particulars of weights and dimensions submitted by the Company, or contained in the Company’s catalogue’s price lists or elsewhere, since they are merely intended to represent a general idea of the Goods and not to form part of the contract to be treated as representations.  
    9.2 Submitted by the Customers to the Company  
    9.2.1 Any technical information, recommendation, statement or advice furnished by the Customer to the Company.  
    9.3 The application or use of the goods since the Company has no direct or continuous control over where and how they are applied.  
    9.4 The Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the contract or any negligence breach of statutory duty or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract expect:  
    9.4.1 for death or personal injury resulting from the Company’s negligence and;  
    9.4.2 as expressly stated in these conditions.  
    9.5 Subject to Clause 7, if the customer establishes that any of the goods have not been delivered, have been delivered damaged, are not of the correct quantity, or do not comply with their description, the Company shall at its option replace with similar goods any of the Goods which are missing, lost or damaged or do not comply with their description or allow the Customer credit for their invoice value.  
    9.6 If the Customer establishes that any of the goods are defective the Company shall at its option replace with similar Goods or repair any defective Goods or allow the Customer credit for their value.  
    9.7 In no circumstances shall the liability of the Company to the Customer under this condition exceed the invoice value for the goods.  
    9.8 These conditions do not restrict the Customer’s statutory rights under the consumer legislation.

  1. Title and Risk
    10.1 Risk in the Goods passes to the Customer when they are delivered to or collected by the Customer.  
    10.2 Not withstanding Clause 10.1, all goods supplied will remain the property of the Company until the amount due under the invoice for them together with all other sums owed by the Customer to the Company have been paid in full.  
    10.3 The Company may maintain an action for the price of any goods not withstanding that title in them has not passed to the Customer.  
    10.4 Until the title passes the customer shall hold the goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the Company.
    10.5 If, before title passes to the Customer, the Customer has a petition for winding-up or administration presented against it, passes a resolution for voluntary winding-up, has a receiver or administrative receiver appointed, or convenes a meeting of or comes to any arrangement with creditors, then the Company may, without any liability to the Customer, terminate the Contract and: (etc as 9.5.1 and 9.5.2)  
    10.5.1 Repossess and use or sell any of the Goods and by doing so terminate the customer ‘s right to use, sell or otherwise deal in them: and  
    10.5.2 for that purpose or determining what if any goods are held by the Customer and inspecting them, enter any premises of or occupied by the Customer  
    10.6 Until title passes the entire proceeds of the sale of the Goods shall be held in trust for the Company and shall be held in a separate designated account and not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Company’s money.

  1. Law and Jurisdiction
    11.1 The Contract shall be governed by Northern Irish Law and the Customer consents to the exclusive jurisdiction of the Northern Irish Courts in all matters regarding it except to the extent that the Company invokes the jurisdiction of the courts of any other country.

  1. Third Party Rights
    12.1 Save as expressly provided, none of these conditions are intended to or will operate to confer any benefit pursuant to the contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party to the contract.

  2. Data Protection 
    13.1 We may register details of the contract and the conduct of your account with any licensed credit reference agency. This and the information you have given about yourself may be used to help make credit decisions, to prevent fraud, for tracing debtors and for recovering our property. We may also disclose this information to any company or business associated with us and to any person acting on your behalf for any purpose connected.