Legal

Terms and conditions
This website is owned by LDH Plant Ltd, a company registered in England and Wales no 3272901. Registered office: Westway Rd, Alexandra Dock, Newport NP20 2NQ.
You may not access LDH Plant’s website in any way that could alter, damage or destroy LDH Plant’s web server or its associated network(s), or that interferes with any other party’s use and enjoyment of this website. You may not use this website to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law.

Copyright
The contents of this site are copyright of LDH Plant Ltd unless otherwise stated, and shall remain the property of LDH Plant Ltd. You may print off or download one copy of the content or part of the content for your personal use only, and the copyright notice must remain intact on every document or piece of information so printed or downloaded.

Links to third-party websites
This site contains links to third-party websites both within the UK and abroad.
LDH Plant Ltd is not responsible for the contents of any third-party website accessed through this site. If you decide to access third-party websites, you do so at your own risk.

Privacy Policy
LDH Plant Ltd’s website routinely collects and stores information from online visitors to help manage the site and improve the service we provide.
This information includes:

• the pages visited on the site
• the date and time of the visit
• the internet address (URL or IP address) of the referring site
• the domain name and IP address from which the access occurred
• the version of browser used

LDH Plant Ltd's website makes no attempt to identify individual visitors from this information.

Disclaimer
We use reasonable efforts to include accurate and up-to-date information on the site. However, we make no warranties or representations as to its accuracy. We assume no responsibility for any errors or omissions in the content in the site. Information about LDH Plant Ltd’s products and services are for illustration only and should not be relied upon. Please contact us for more detailed information

TERMS AND CONDITIONS OF BUSINESS

1.INTERPRETATION
In these Conditions: BUYER means the person, entity or body corporate who buys or agrees to buy the goods and/or services from the seller; CONDITIONS means the standard terms and conditions of business set out in this document; CONTRACT means the contract for the sale and purchase of the goods and if appropriate the supply and acquisition of  the services; GOODS means the article(s) which the buyer agrees to buy from the seller; SERVICES means the services (if any) described in the order; SELLER  means LDH Plant Ltd., Westway Rd., Alexandra Dock, Newport. NP20 2NQ.
This document contains all the conditions of the contract and no amendment shall be valid unless agreed in writing by an authorised official of the seller. The seller reserves the right to amend these conditions from time to time.

2.ORDERS
The order constitutes an offer by the buyer to purchase the goods and/or acquire the services subject to these conditions.  The person placing the order warrants that he is or has the authority of the buyer to do so. The buyer is solely responsible for providing at its own cost all such safety equipment as is required by statute to use or operate the goods. No order shall be binding on the seller until it has been accepted in writing, or by performance, by the seller. After acceptance, no order may be cancelled by the buyer without the consent of the seller.  The seller may at any time cancel the contract if the manufacturer ceases to make that type of goods.

3.SPECIFICATION
The buyer acknowledges that its skill and expertise in relation to the goods and/or services is equal to that of the seller and where the buyer has specified a purpose for which the goods and/or services are being purchased it has not relied upon the seller's skill and expertise in deciding their fitness for the purpose in question.
The quantity, quality and description of the goods and the services shall, subject as provided in these conditions, be as specified in the order or otherwise agreed in writing by the seller. All drawings, dimensions and weights provided by the seller are approximate, and the seller does not warrant or represent them to be correct.
The seller shall comply with all applicable regulations or other legal requirements concerning the packaging, packing and delivery of the goods and the performance of the services and the seller reserves the right to make any changes in the specification of the goods and/or services (not materially affecting either quality or performance) as are required to ensure such compliance.
Any specification as to livery supplied by the buyer to the seller, shall be the exclusive property of the buyer who shall indemnify the seller against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred by the seller in connection with or paid or agreed to be paid by the seller in settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from the seller's compliance with any specification supplied by the buyer.

4.PRICE
The price of the goods shall be as stated in the order. Services are charged at the seller’s published hourly rate. The price of goods and services, unless otherwise so stated, shall be:
1. exclusive of any applicable value added tax (which shall be payable by the buyer subject to receipt of a VAT invoice); and
2. exclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the goods to the delivery address and any duties, imposts or levies other than value added tax.
The seller reserves the right to increase the price (whether on account of increased materials, labour or transport costs, fluctuations in rates of exchange or otherwise) provided it gives the buyer notice of such increase before delivery. The seller reserves the right to levy a surcharge of 20% on any goods specially ordered and not collected. The seller reserves the right at its sole discretion to require the buyer to make payment of a non-refundable deposit at 10% of the price.

5.TERMS OF PAYMENT
The seller shall be entitled to invoice the buyer on or at any time after delivery of the goods or performance of the services, as the case may be. Unless otherwise stated in the order (or where the contract relates to wholegoods) the buyer shall pay the price of the goods and the services within thirty days of the invoice date. For wholegoods the terms are strictly payment on collection together with the VAT payable thereon. Where the buyer is resident outside Great Britain payment must be made by telegraphic transfer to the seller’s bank account before the goods are despatched. The seller reserves the right to charge interest on overdue accounts under the ‘Late Payment of Commercial Debts (Interest) Act 1998’ at a rate that will be advised from time to time from the due date to the date of receipt of cleared funds, (without prejudice to any other rights or remedies of the seller). 

6.DELIVERY
No guarantee is given that the goods and/or services will be delivered at the time requested, although every effort will be made to do so. The buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. Delivery of the goods shall be made by the buyer collecting the goods at the seller’s premises within 15 working days after the seller has notified the buyer that the goods are ready for collection or, if some other place is agreed by the seller, by the seller delivering the goods to that place. If the goods are to be delivered, or the services are to be performed, by instalments, each delivery or performance shall constitute a separate contract and failure by the seller to deliver any one or more instalments or performance shall not entitle the buyer to treat the contract as a whole repudiated. If the seller fails to deliver the goods for any reason other than any cause beyond the sellers reasonable control or the buyer's fault, and the seller is accordingly liable to the buyer, the sellers liability shall be limited to the excess (if any) of the cost to the buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods. If the buyer fails to take delivery of the goods or fails to give the seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the buyer’s reasonable control or by reason of the seller's fault) then, without prejudice to any other right or remedy available to the seller, the seller may retain any deposit paid by the buyer and
1. Store the goods until actual delivery and charge the buyer for reasonable costs (including insurance) of storage; or
2. Sell the goods at the best price readily obtainable and (after deducting reasonable storage and selling expenses) account to the buyer for the excess over the price under the contract or charge the buyer for any shortfalls below the price under the contract.

7.RISK AND PROPERTY
Notwithstanding the seller’s rights under paragraph 6 above, risk of damage to or loss of the goods shall pass to the buyer:
1. in the case of goods to be delivered at the seller's premises, at the time when the seller notifies the buyer that the goods are available for collection; or
2. in the case of goods to be delivered otherwise than at the seller's premises,  on the goods leaving the seller’s premises.
Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the buyer until the seller has received in cash or cleared funds payment in full of the price of the goods and all other services agreed to be sold by the seller to the buyer for which payment is then due. Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods as the seller's fiduciary agent and bailee, and shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the seller's property. Until that time the buyer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to the seller for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. Until such time as the property in the goods passes to the buyer (and provided the goods are still in existence and have not been resold), the seller shall be entitled at any time to require the buyer to deliver up the goods to the seller and, if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the goods are stored and repossess the goods. The buyer shall not be entitled to pledge or in any way of security for any indebtedness any of the goods which remain the property of the seller, but if the buyer does so all monies owing by the buyer to the seller shall (without prejudice to any other right or remedy of the seller) forthwith become due and payable.  
The exercise of the seller of its rights against the buyer shall be without prejudice to any rights of the seller to claim against the buyer for additional losses suffered by the seller as a result of the buyer’s breach of contract.   

8.WARRANTIES AND LIABILITY
The seller does not manufacture any parts, materials or equipment and the buyer shall only be entitled in respect of such items to the benefit of any such warranty or guarantee as is given by the manufacturer, supplier or other firms carrying out work under contract to the seller. Where the goods supplied under the contract are used goods the buyer accepts that they are sold as seen and no warranty is made or given in respect of those goods unless an express warrant has been given in writing. The seller shall be entitled to inspect the goods and to replace or repair them (or the part in question) free of charge or, at the seller's sole discretion, refund to the buyer the price of the goods and/or services (or a proportionate part of the price), but the seller shall have no further liability with the buyer.
The seller shall be under no liability in respect of any defect in the goods arising from any drawings, design or specification supplied by the buyer.
The seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, including but not limited to the provision of safety equipment in accordance with clause 2,  abnormal working conditions, failure to follow the seller's instructions (whether verbal or in writing), misuse or alteration or repair of the goods without the seller's approval.
The seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment. Any claim by the buyer which is based on any defect in the quality or condition of the goods and/or services or their failure to correspond with specification shall (whether or not delivery is refused by the buyer) be notified to the seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the buyer does not notify the seller accordingly the buyer shall not be entitled to reject the goods and the seller shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the goods and/or services had been delivered with the contract.

9.FORCE MAJEURE
 Neither party shall be liable for any failure or delay in the performance of this agreement that is caused by circumstances beyond the reasonable control of the party including but not limited to an act of God, war, shipwreck, civil disturbances, requisitioning, government or parliamentary restrictions, prohibitions or enactments of any kind, import or export regulations or prohibitions, strike, lock-out or trade dispute (whether involving its own employees or those of any other person), difficulties in obtaining workmen or materials including (but not limited to) oil, gas, coal, electricity or other fuel or raw materials, breakdown of machinery, fire or accident, non-availability or delay of vessels or other transport..

10.OBLIGATION TO PROVIDE A SAFE PLACE OF WORK
Where the seller sends one of its employees to provide services (the servicer) on premises owned or controlled by the buyer, the buyer warrants that it will provide a safe place of work for the servicer to a standard equivalent to that which would be required if the servicer was the buyer's employee, and that said place of work complies with all prevailing statutory requirements.
 
11.PART EXCHANGE
Any equipment tendered by the buyer in part-exchange for the goods must be in a reasonable condition. The buyer must disclose to the seller any major defects in the equipment tendered and the amount of all monies owing in respect of that equipment to any finance company, bank or to any other person. The seller accepts no liability whatsoever for any such debt or borrowing unless disclosure has been made by the buyer in accordance with this clause. The seller shall only be bound to accept the part-exchange equipment if upon delivery the part-exchange equipment is in the same condition as when the part-exchange allowance was fixed. If the equipment is in a worse condition than at the time the part-exchange was fixed, the seller may with the agreement of the buyer, reduce the part-exchange allowance by an appropriate amount and accept the part-exchange equipment. If the part-exchange allowance is reduced or withdrawn for any reason, the buyer remains bound to pay the purchase price, less such reduced part-exchange allowance (if any). Property in the part-exchange equipment will pass to the seller on acceptance by him of the part-exchange equipment.

12.TERMINATION
The seller shall be entitled to terminate the contract without liability to the buyer by giving notice to the buyer at any time if;
the buyer makes any voluntary arrangement with its creditors (within the meaning of the insolvency act 1986) or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
an encumbrancer takes possession, or a receiver is appointed, of any of the buyer's property or assets; or
the buyer ceases, or threatens to cease, to carry on business; or
the seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the buyer and notifies the buyer accordingly.
If the seller shall exercise its right to terminate the contract in accordance with this clause in circumstances where the goods and/or services have already been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.

13.GENERAL
The laws of England and Wales shall govern the contract and the buyer hereby submits to the exclusive jurisdiction of the English Courts in all matters regarding the contract.

E&OE 

REV Jan 12