Leitz Tooling UK Ltd Online-Shop General Terms and Conditions as at 07/2010
1.1. Our Online-Shop General Terms and Conditions are detailed below. Any customer purchase conditions which differ from these General Terms and Conditions shall not become part of the contract. A contract shall be established by means of a written order confirmation sent by email to the customer.
1.2. The order shall be confirmed with reference to the technical information available at the time. Measurements and tolerances shall be based on the appropriate standards applicable at the time and shall be considered specifications, not warranties.
1.3. Any alteration to the contract requires our consent and may delay the delivery of tools.
2. Price and payment
2.1. The prices on the day the order is placed shall apply plus value added tax.
2.2. Packing and carriage costs shall be borne by the customer and will be included in the order confirmation price.
2.3. For customers without an account, all amounts invoiced are due immediately and are paid by credit or debit card at the time of order.
2.4 For customers with an account, all amounts invoiced shall fall due 30 days after the invoice date, provided we have given the customer a sufficient credit facility.
3. Reservation of ownership
3.1. We reserve the ownership of the delivered tools until all payments arising from the supply contract have been received.
3.2. Until we have received payment, the customer shall neither dispose of the delivered tools, pledge nor transfer ownership of the tools as security.
3.3. In the event of the customer defaulting on payment, we shall have the right to take-back the delivered tools and the customer shall be obliged to surrender them. If bankruptcy proceedings are commenced against the customer, then we shall have the right to withdraw from the contract and to demand the immediate return of the delivered tools.
4.1 We will use all reasonable endeavours to keep to agreed delivery dates, but we will not be liable for delay in delivery however caused.
4.2 Part shipments shall be permitted.
5. Passage of risk
5.1 The risk in the tools shall pass to the customer on delivery.
6. Loss or damage in transit
6.1 We will not accept liability for loss or damage in transit unless we are notified within 14 days of the agreed delivery date.
7.1 The customer assumes responsibility for the tools being reasonably suitable for the purpose for which they are required.
8. General returns policy
8.1 No tools are to be returned to us without our prior consent. If we agree to a return and we have received payment for the tool, then we will endeavour to refund the payment as soon as possible. Packing and carriage costs will be refunded at our discretion.
9. Returns due to material defects
We will provide the following warranty for material defects:
9.1. Any tools which prove to be defective shall be repaired or a replacement delivered free of charge at our discretion. We shall be notified immediately in writing of the discovery of such defects. Tools which are replaced shall become our property.
9.2. The customer shall give us the necessary time and opportunity to undertake all the repairs or replacement deliveries which we consider necessary.
9.3. No warranty shall be provided for the following: unsuitable or inappropriate use, faulty commissioning by the customer or third parties, natural wear and tear, incorrect or negligent treatment, inappropriate maintenance, unsuitable operating material. Should the customer or a third party make subsequent improvements incorrectly, we shall not be liable for the resulting consequences. This shall also apply to alterations made to the delivered tools without our prior consent.
10.1 Orders placed cannot be cancelled except at our discretion and only before tools are dispatched.
11.1. We shall not be liable for any consequential loss arising out of any breach of condition, warranty or contract in respect of the delivered tools. Our liability for any such breach in respect of the delivered tools shall be limited to their net invoice value or to replacement of the delivered tools.
12. Law to be applied
12.1 The contract formed by the order shall be governed by English law.