For On-Line Customers (Effective from 19th November 2007)
"Buyer" means the person, firm or company who accepts LINDY's quotation for the sale of the Goods or whose order for the Goods is accepted by LINDY;
"Contract" means the contract for the sale and purchase of the Goods;
"Goods" means the goods (including any instalment of the goods or any parts for them) which LINDY is to supply in accordance with these Terms;
"LINDY" means LINDY Electronics Limited;
"Terms" means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed between the Buyer and LINDY;
"Working day" means Monday to Friday excluding Bank Holidays and Public Holidays and the period between Christmas Day and New Year's Day;
"Writing" and any similar expression, includes facsimile transmission and comparable means of communication, including by electronic mail.
2 BASIS OF THE SALE
LINDY shall sell and the Buyer shall purchase the Goods in accordance with these Terms, which shall govern the Contract to the exclusion of any other terms save those specifically agreed in Writing by both parties. No variation to these Terms shall be binding unless agreed in Writing by LINDY. No representations concerning the Goods are binding unless confirmed in Writing by LINDY but nothing in these Terms affects the liability of either party for fraudulent misrepresentation. Any advice or recommendation given by LINDY as to the storage, application or use of the Goods which is not confirmed in Writing by LINDY is followed or acted on entirely at the Buyer's own risk, and LINDY shall not be liable for any such advice or recommendation which is not so confirmed. Any typographical, clerical or other error or omission in any sales literature, quotation, invoice or other document or information issued by LINDY shall be subject to correction without any liability on the part of LINDY. Where specific makes are mentioned in connection with replacement parts it is not implied that LINDY has any association with the original maker. No part of any LINDY publication may be reproduced, stored or transmitted in any form or by any means without the written approval of LINDY. It is acknowledged that all trademarks and trade names mentioned in any LINDY publication or on the LINDY website other than those owned by LINDY are the property of their respective companies/owners.
No order submitted by the Buyer shall be deemed to be accepted by LINDY unless and until confirmed by LINDY which confirmation shall set out the quantity, quality and description of the Goods and any special terms relating to the Contract. The Buyer shall be responsible to LINDY for ensuring the accuracy of any order submitted. Orders received and accepted by LINDY before 5.30pm on a Working Day will be dispatched on the same Working Day, subject to stock availability. Orders received after 5.30pm on a Working Day will be dispatched the following Working Day, subject to stock availability. The Buyer's telephone calls may be recorded for training purposes and LINDY may refuse to trade with any Buyer at its sole discretion.
4 RETURNS POLICY
Where (1) the Buyer is a private person purchasing the Goods for their own private use the Buyer shall have the right (pursuant to The Consumer Protection (Distance Selling) Regulations 2000 (as since amended)) to return the Goods to LINDY at its own cost for any reason within 7 days of the date of delivery of the Goods and (2) where the Buyer is acting in the course of a business the Buyer shall have the right to return the Goods to LINDY provided that the Buyer shall have first obtained LINDY’s prior consent in Writing to return the Goods (such consent being entirely at the discretion of LINDY) PROVIDED THAT in each case: (a) the Buyer shall have completed and submitted LINDY’s ‘Returns Merchandise Form’ (click here for the Returns Merchandise Form) to LINDY within 7 days of the date of delivery of the Goods; (b) the Goods are clearly marked with the 'Returns Merchandise Authorisation Number' that the Buyer will be sent by LINDY upon submission of the 'Returns Merchandise Form'; (c) the Goods are returned via a postal/carrier service that requires a signature upon delivery and signature is obtained from authorised personnel at LINDY; (d) the Goods are in a saleable condition and complete with all manuals, components and undamaged and original packaging and software seals (if applicable) intact. Where (1) the Buyer is a private person and the 7 day period referred to above has expired and (2) where the Buyer is acting in the course of a business, the acceptance of returned Goods shall be at the complete discretion of LINDY and in the event that LINDY does decide to accept the return of Goods a handling and restocking charge of either £5.00 or 15% of the value of the relevant invoice (whichever is the greater) shall be deducted from any sum returned/recredited to the Buyer in respect of: (i) Goods returned due to a fault alleged by the Buyer but where no fault is found by LINDY; and (ii) Goods returned due to a mistake on behalf of the Buyer.
5 PRICE OF THE GOODS
The price of the Goods shall be LINDY's quoted price or, failing which, the price listed on the LINDY website at the date of acceptance of the order. LINDY reserves the right to vary its advertised prices at any time. Prices are inclusive of any applicable value added tax.
For credit or debit card orders, payment will be debited to the Buyer's card at point of dispatch of the Goods. For PayPal orders, payment will be debited to the Buyer's PayPal account at the point of order of the Goods. Click here for details of payment methods.
Save where otherwise agreed delivery of the Goods shall be made by LINDY delivering the Goods to the address supplied by the Buyer. LINDY shall use its reasonable commercial endeavours to ensure that orders for Goods received and accepted by LINDY before 5.30pm are dispatched on the same working day (subject to stock availability) although LINDY shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by LINDY in Writing. Where an item is out of stock at the date of acceptance of the order by LINDY the Goods will be dispatched at a later date with no extra carriage charge. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by LINDY to deliver any one or more of the instalments in accordance with these Terms or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. If LINDY fails to deliver the Goods (or any instalment) for any reason other than any cause beyond LINDY's reasonable control or the Buyer's fault, and LINDY is accordingly liable to the Buyer, LINDY's 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. In the event of non-delivery of the Goods the Buyer must advise LINDY of such non-delivery in Writing either within 3 working days if the goods were dispatched using a Next Day Delivery option or on the 15th working day if the goods were dispatched using the Royal Mail Second Class Delivery option from the date on which LINDY confirmed its acceptance of the order in Writing. In the event of a short-fall in the Goods the Buyer must advise LINDY of such short-fall in Writing within 3 days of receipt of the delivery of the Goods. If the Goods are received damaged, the receipt should be signed “Damaged” and LINDY should be notified within 24 hours of the delivery of the Goods and failure to comply with this requirement may result in your claim for repair, refund or replacement of the damaged Goods being invalidated. If the Buyer fails to take delivery of the Goods or fails to give LINDY 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 LINDY's fault) then, without limiting any other right or remedy available to LINDY, LINDY may: (a) store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or (b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. Click here for additional delivery terms.
8 RISK AND PROPERTY
Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when LINDY tenders delivery of the Goods. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until LINDY has received payment in full of the price of the Goods and all other goods for which payment is then due and until such time: (a) the Buyer shall hold the Goods as LINDY's fiduciary agent and bailee, and shall keep the Goods separate from all other goods and properly stored, protected and insured and identified as LINDY's property (but the Buyer may resell or use the Goods in the ordinary course of its business; and (b) provided the Goods are still in existence and have not been resold, LINDY may at any time require the Buyer to deliver up the Goods to LINDY and, if the Buyer fails to do so forthwith, enter on the Buyer's premises or any third party where the Goods are stored and repossess the Goods. If the risk and property in the Goods has passed to the Buyer and the Goods are subsequently returned to LINDY for whatever reason, the risk in the Goods will not pass back to LINDY until the Goods are signed for by authorised personnel at LINDY.
9 WARRANTIES AND LIABILITY
All Goods are covered under at least a 2 year warranty from the date of purchase (except for sale Goods which have a limited warranty period of 7 days) whereby LINDY warrants that it shall repair, replace (with same or equivalent product) or refund the purchase price on all faulty Goods supplied. This is subject to a claim being made in Writing by the Buyer within the relevant warranty period for the Goods. Any warranty provided by LINDY is subject to the following conditions: (a) the Goods shall have been returned to LINDY by the Buyer at its own cost; (b) LINDY shall be under no liability in respect of any fault arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow LINDY's instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without LINDY's approval; (c) LINDY shall be under no liability under any warranty (or any other warranty or condition or guarantee) if the total price for the Goods has not been paid by the due date for payment. Except in respect of death or personal injury caused by LINDY's negligence or liability for defective products under the Consumer Protection Act 1987 LINDY shall not be liable to the Buyer by reason of (i) any representation (unless fraudulent), or (ii) any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of LINDY, its employees or agents or otherwise) which arise out of or in connection with the Contract (including any delay or failure to supply the Goods) or use or resale of the Goods by the Buyer and LINDY's entire liability under these Terms shall be limited to the lesser of the price for the Goods paid by the Buyer or the sum of £100,000 save as expressly provided in these Terms. Where the Buyer is a private person purchasing the Goods for their own private use these Terms shall not affect the Buyer's statutory rights. LINDY shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of LINDY's obligations under the Contract caused by circumstances beyond LINDY's reasonable control, including (but without limitation): an “act of God”, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, or civil disturbance.
10 INTELLECTUAL PROPERTY
If a claim is made against the Buyer that the Goods infringe any third party's intellectual property rights LINDY shall indemnify the Buyer against all loss, damages, costs and expenses incurred by the Buyer in connection with the claim provided that the Buyer shall: (a) give LINDY full control of any proceedings or negotiations in connection with the claim; (b) give LINDY all reasonable assistance for the purposes of such proceedings or negotiations; (c) not (except pursuant to a final award) pay or accept the claim, or compromise any such proceedings without LINDY's consent; (d) do nothing which would or might vitiate any policy of insurance or cover which the Buyer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do); (e) LINDY shall be entitled to the benefit of, and the Buyer shall accordingly account to LINDY for, all damages and costs (if any) awarded in favour of the Buyer which are payable by, or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by, any other party in respect of any such claim; and (f) without limiting any common law duty of the Buyer, the Buyer shall take such steps as LINDY may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which LINDY is liable under the indemnity in this clause.
11 INSOLVENCY OF BUYER
If the Buyer becomes bankrupt then, without limiting any other right or remedy available to LINDY, LINDY may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. No waiver by LINDY of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the rest of the Contract and the rest of the provision in question shall not be affected. The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the exclusive jurisdiction of the English courts in respect of any dispute in connection with the Contract. The Vienna Convention on Contracts for the International Sale of Goods is excluded.