German Lynx Limited Standard Terms & Conditions

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Supply and sale of goods and services by German Lynx Limited is subject to the following standard terms and conditions:

1. Definition

In these conditions:

1.1. “The Company” means German Lynx Limited unless denoted by which implies the Buyer’s company.

1.2. “The Goods” means the products or services as outlined in the contract.

1.3. “The Buyer” means the person, company or third party as detailed in the Contract.

1.4. “The Order” means the purchase order, in writing only, given by the Buyer to the Company to contract for Goods under these conditions of sale.

1.5. “The Contract” means a legal binding agreement whereby the Buyer agrees to purchase Goods or service from the Company as detailed on the Company’s Quote, Invoice, or Order form.

1.6 “The Service” means the supply or installation by an operative of German Lynx Limited or a sub - contractor whose services have been employed by the Company.

1.7. “Working Days” means Monday to Friday excluding Bank and other public holidays in England and Wales.

2. Advice

2.1. Advice, information and opinion given by any employee or agent of the Company are given without legal responsibility. Any recommendations or suggestions made relating to the use of Goods, whether in technical literature or in response to a specific enquiry is made in good faith, but it is for the Buyer to satisfy himself/herself of the suitability of the Goods for their particular purpose, and shall be deemed to have done so.

2.2. The Company will not be held liable for any damages, liability or costs incurred from any independent arbitration arising from verbal recommendations or referral of installers and/ or other trades by any employee or agent of the Company.

3. Orders

3.1. Acceptance of Order: All quotations by the Company are subject to acceptance by the Company within 28 days, unless stated otherwise. Orders are accepted as a Contract at the sole discretion of the Company and together with these terms and conditions constitute the entire and only agreement between the Company and Buyer in relation thereto. The Company’s acceptance of the Buyer’s order by delivery/release of the Goods constitutes a legally binding Contract based on these terms and conditions.

3.2. Any additional or amending terms or conditions shall be infective unless one of the Company Directors expressly assents to the same in writing and endorses the same on the face hereof. Any cancellation or suspension of an order by the Buyer without the Company’s consent shall be on the condition that the Buyer shall indemnify the Company against any loss incurred wholly or in part by the cancellation or suspension.

3.3. The Company reserves the right to sub-contract all or any part of the Contract for the manufacture, supply, and installation and/or finishing of Goods.

4. Prices

4.1. Prices and delivery charges are quoted by the Company in Sterling (£) exclusive of VAT, carriage and other duties or taxes which the Buyer shall be liable to pay to the Company.

4.2. The price of goods to be paid by the Buyer to the Company is as listed on the Company’s Quote, Invoice, or Order form. The Company reserves the right to revise prices and details displayed without notice.

4.3. Listed prices do not constitute an offer until the Company has accepted the Buyer’s Order.

5. Payment

5.1. Payment shall, unless otherwise agreed in writing, be made in full without any deduction or set-off prior to the Company starting procurement.

5.2. Any amendment to the payment terms outlined in 5.1 has to be agreed in writing by one of the Company Directors. 

5.3. Notwithstanding any of the terms and conditions hereof the time of payment shall be of the essence of the Contract.

5.4. Interest shall be payable on overdue accounts at the rate of 4% over the Bank of England base rate to run from the due date of payment thereof until receipt by the Company of the full amount whether or not after judgment.

5.5. Where an account requires litigation to collect an overdue debt an additional administration

fee at the prevailing rate will be payable.

6. Title & Risk

6.1. The property and title to Goods supplied by the Company shall remain within the Company until the Buyer has paid the full price plus any VAT due, and no other sums whatsoever are due from the Buyer to the Company.

6.2. Risk in the goods shall pass to the Buyer when the Buyer or his agent collects or takes delivery of the Goods.

7. Cancellations

7.1. Save as provided in conditions 11 and 12 hereof contracts may not be cancelled except by agreement in writing of both parties and upon payment to the company of such amount as may be necessary to indemnify the Company against all loss resulting from the said cancellation.

8. Delivery

8.1. Every effort will be made to effect delivery within the quoted period, but no liability can be accepted should it be exceeded. For this reason, we are unable to accept responsibility for lost working time and recommend goods are ordered well in advance of any project start dates. The Company reserves the right to deliver by instalments. It is the Buyer’s responsibility to ensure that the Goods can be delivered to the address provided during the order process. The Buyer shall be at all times responsible for any additional costs incurred whatsoever as a result of deliveries being delayed or damaged due to access or unloading problems or delivery not accepted. The Buyer shall inspect all Goods on delivery. No claim of short delivery can be entertained unless signified at the time of delivery.

8.2. The Company delivers the Goods to the address the Buyer has confirmed to the Company to be the Delivery address. The Buyer is responsible to ensure the vehicles’ access (40t HGV unless agreed otherwise in writing) and to unload the Goods. 

9. Storage & Installation/Application

9.1. Once delivered, the Goods should be stored appropriately in dry conditions at all times. The Company accepts no responsibility whatsoever for Goods installed or applied in new or renovated buildings which have not adequately dried out.

9.2. The Company will also take no responsibility for any Goods subject to excessive heat, cold, damp or humidity, ether in situ or storage.

9.3. The Company accepts no liability whatsoever for any issues relating to the installation or application of the Goods, unless the Buyer Contracts with the Company directly for such service. Where installation or application of Goods is not undertaken by the Company, the Buyer shall be responsible for installing or applying the Goods in accordance with the Manufacturer’s guidelines, a copy of which can be provided upon request by the Manufacturer of the Good, and shall ensure that such guidelines have been obtained. Failure to install or apply the Goods in the manner prescribed will invalidate the Company’s responsibility for damage caused to or by the Goods.

9.4. No warranty is offered or implied by the guidelines as to the suitability of the Goods for any specific purpose. The Company also excludes any liability for referring installers and/or other trades and any dispute over quality of workmanship will remain between the Buyer and fitter/contractor and not the Company.

10. Returns Policy

10.1. The Company will allow the Buyer to return goods within 7 days of receipt, if it is found to be defective. No right of return or refund for Goods will exist once the Goods have been un- packed, installed or applied, used or altered in any way whatsoever.

10.2. All special orders, made to order, or reclaimed Goods are non-refundable and cannot be returned.

10.3. All Goods must be returned to the Company at the Buyer’s own expense following the Company’s authorisation to do so. No credit can be issued unless agreed returned Goods are deemed to be not faulty, are in the same condition, quantity and packaging as supplied and are fit for purpose.

10.4. No Goods will be accepted back after 14 days from delivery.

10.5. Refunds will be processed within 30 days of the Buyer notifying the Company of the intention to return a product/s and will be made in the same method as payment.

11. Force Majeure

11.1. The Company shall not be liable for any delay or failure in performance of its obligations under the Contract which is due to or results from any circumstances beyond its reasonable control. In any such event the company shall be entitled to delay or cancel delivery of the goods and/or service or performance of the service. These circumstances may include, without being limited to, hurricanes, earthquakes and other natural disasters, water or fire damage, global or local epidemics or pandemics, terrorism, government acts, embargoes, labour strikes and lock-outs, and other events beyond the control of the Company.

12. Insolvency and Default

12.1. If the Buyer shall be in breach of any of its obligations under the Contract, or if any distress or execution shall be levied on the Buyer’s property or assets, or if the Buyer shall make or offer to make any arrangement or composition with his/her creditors, or commit any act of bankruptcy petition be presented against him/her, or (if the Buyer is a company) if any resolution or petition to wind up such company ( buyer’s company) shall be passed or presented, or if a receiver, administrative receiver or administrator of the whole or any part of such Company’s undertaking property or assets shall be appointed, or if anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the Buyer, the Company in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every Contract between the Company and the Buyer or may (without prejudice to the Company’s rights subsequently to determine the Contract) do so for the same Contract until any defaults by the Buyer be remedied.

13. Claims

13.1. It is the Buyer’s responsibility to inspect all Goods upon delivery and prior to the commencement of any installation or application work, as no complaints will be considered, and no right of return or refund for Goods will exist once the Goods have been unpacked, installed or applied, used or altered in any way whatsoever.

13.2. Any claims of non-delivery, damaged delivery, incorrect quantity or any other alleged defects shall be notified by the Buyer to the Company through phone or email immediately on receipt of Goods and before installation or application has commenced. The Buyer shall send the full written particulars to the Company’s email address within 7 days following delivery and before installation has commenced. Upon receipt of notice the Company will contact the Buyer to arrange for the return of the Goods, or part thereof, for examination by the Company. If, in the Company’s opinion, the Goods are defective, the Company shall as its option replace with similar Goods or repair any defective Goods. All Goods claimed for must be returned to the Company in the same condition received before credit can be evaluated or new Goods are dispatched. In the event that the Company does NOT agree the Goods to be defective, then the Buyer will be liable for all carriage costs incurred through collection and return to the address provided by the Company. Settlement of any claim will be limited to the value of the Goods.

14. Health and Safety

14.1. Where any of the Company’s employees or Subcontractors are admitted to the Buyer’s premises pursuant to the Contract, the Buyer undertakes that it will take such measures as are necessary to ensure that, as far as reasonably practicable, its premises and any plant, equipment, articles or substances in such premises are safe and without risks to the health of the Company’s employees. The Buyer shall indemnify the Company against all loss, claims and demands suffered by the Company as a result of any breach of this Condition by the Buyer.

15. Product Specifications

15.1. The Company is involved in the distribution of a wide range of Materials, Goods of various Manufacturers. These Goods may often be subject to variation in colour, shading, pattern

and/or shape. These Goods may also be vulnerable to changes under certain environmental conditions. Any samples provided, Goods shown on the Company’s or the Manufacturer’s printed media and/or in any accompanying media, digital photography and other such media or Material samples, may not, therefore, be wholly representative of the Goods supplied. Furthermore, the Company will decline responsibility for any changes in shape, colour, shade, or structure of Goods supplied, due to the effects of environment, surface, and/or application. 

16. Jurisdiction

16.1. The sale, including these Terms and Conditions, shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales. If any one or more of the provisions of these conditions of sale are adjudged by any Court to be unfair and/or where the Company is liable in accordance with these provisions in respect of only some or part of the Goods, then only that provision(s) will be unenforceable and the remaining provisions will continue in full force and effect.