Terms & Conditions
Lisna Waters (“THE COMPANY”)
STANDARD TRADE CONDITIONS OF SALE
Unless otherwise expressly agreed in writing by a Director or the Secretary of the Company, all quotations are made and orders
accepted by us subject to the following printed Conditions to the exclusion of any terms and conditions introduced by the
Purchaser (Meaning the person, firm or company to whom the invoice is addressed) and in replacement of any earlier different
sets of conditions appearing in the Company’s catalogues or elsewhere. The reserves the right to vary these conditions of sale at
any time not with standing any prior course of dealing with the Purchaser.
(1) Whilst every effort is made to maintain firm prices, orders are only accepted on the understanding that prices may be altered
at any time prior to the actual delivery to reflect any increase in manufacturing prices, duties, freight charges and insurances of
premises relating to the goods themselves (meaning the articles or things or any of them described in the order).
(2) All orders received which are under £150.00 in value excl.VAT will be invoiced with carriage delivery charge of £7.00+VAT for small items suitable for couriers such as parcelforce and DPD and larger bulky items at the charge of £25+vat
2. Terms of payment.
(1) Payments should be made either in cash when the order is placed or upon such terms as the Company may from time to
time extend to the Purchaser which terms may be withdrawn by the Company at any time. If payment is not received by the
Company within one month of the due date in accordance with the condition, interest will be charged on overdue accounts you
understand that we will exercise our statutory right to claim interest and compensation for debt recovery costs under the late
payment legislation if we are not paid according to agreed credit terms.
(2) Where the goods are subject of both delivery and payment by the instalments the Company shall be entitled to refuse to
make further deliveries until such time as the Purchaser has paid in the full for (a) the goods already delivered and (b) any other
other goods at any other time supplied by the Company to the Purchaser, and in either case for which payment is overdue.
3. Reservation of Ownership
Goods in satisfactory condition and keep them insured on Lisna Waters´s behalf for their full price against all risks to the
a. The Goods are at the risk of the Buyer from the time of delivery.
b. Ownership of the Goods shall not pass to the Buyer until Lisna Waters has received in full (in cash or cleared funds) all sums
due to it in respect of: the Goods; and all other sums which are or which become due to Lisna Waters from the Buyer on any
c. Until ownership of the Goods has passed to the Buyer, the Buyer shall: hold the Goods on a fiduciary basis as Lisna
Waters´s bailee; store the Goods (at no cost to Lisna Waters ) separately from all other goods of the Buyer or any third party in
such a way that they remain readily identifiable as Lisna Waters´s property; not destroy, deface or obscure any identifying mark
or packaging on or relating to the Goods; and maintain the satisfaction of Lisna Waters . On request the Buyer shall produce the
policy of insurance to Lisna Waters .
d. The Buyer´s right to possession of the Goods shall terminate immediately if it or he: suffers or allows any event which is a
process of, is in contemplation of, or is designed to commence or procure, bankruptcy or insolvency or any related state; or
suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or is unable
to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or ceases to trade; or encumbers or in any way
charges any of the Goods.
e. Lisna Waters shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not
passed from Lisna Waters .
f. The Buyer grants Lisna Waters , its agents and employees an irrevocable license at any time to enter any premises where
the Goods are or may be stored in order to inspect them, or, where the Buyer´s right to possession has terminated, to recover
4. Property in the Goods.
(1) The property in the goods shall only pass to the Purchaser when good and all other goods supplied by the Company to the
Purchaser have been paid for in full (including interest where applicable) and until such time the property shall remain with the
Company who shall be entitled to re-delivery of the goods without thereby terminating the Purchase’s obligations hereunder.
(2) From such time as the risk passes to the Purchaser under the terms of the contract (except where insurance shall already
have been effect by or on behalf of the Purchase under the terms of carriage) the Purchaser shall maintain such insurance of the
goods as is normally maintained by the companies engaged in the business in which the Purchase is engaged.
It is our policy to help customers whenever possible by accepting the return of goods which are standard stock lines. Goods
returned must be in perfect resalable condition and in their original packing, and customer must quote the invoice number on
which the goods were originally supplied. There will be a restocking charge of 20% of the net invoice purchase price for this
service. No return of any kind will be accepted after more than one month from the date of delivery. Special orders will only be
accepted in writing and delivery periods from the manufacturer cannot be guaranteed. Cancellation of special orders will only be
accepted in writing and can only be accepted prior to acknowledgement/acceptance by the manufacturer. Return of special
orders for restock will not be accepted under any circumstances.
We recommend that thorough inspection of all goods is made before a signature is given on our Advice Note. No liability will be
accepted by us for damaged or scratched goods once a signature has been given - this applies particularly to metal and acrylic
baths. In the event of any article supplied proving defective in material or workmanship, we undertake (at our option) to replace
or repair such articles free of charge, which shall be the limit of our liability, provided that the complaint is made within
reasonable time after delivery (2 days). We shall be under no liability whatsoever for the cost of removing, re-fixing, or any other
consequential loss or damages, direct or indirect, of whatsoever nature. In case of goods supplied but not manufactured by us,
the customer can claim any warranty or guarantee we may have from the makers. In no case are we to be liable for
consequential damage, or reimbursement costs whatsoever of any kind. In all cases, the relevant Invoice/Advice Note number
must be given before any goods will be collected.
Any goods returned to us, for whatever reason, that do not conform to the above conditions will be delivered back to the
customer and credit will not be passed.
Where a special price is obtained in return for the products being on display, the following conditions will also apply:
(1) The display must satisfy all the conditions laid down by the manufacturer:
- The display must be in a retail setting which is manned, in premises open to the public between 9:00am and 5:00pm, on at
least five days per week.
- The display must be properly maintained for a minimum period, usually at least six months from the date it is first put on display
to the public (not when it was delivered).
After this period, the customer has the option of continuing with it, or selling it off.
(2) The product must be put on display within four weeks of delivery.
(3) Failure to comply with the above conditions will render the customer liable to the issue of a supplementary invoice, being the
difference between the normal selling price and the special display price.
(4) When manufacturers offer a “cashback” incentive to display, the invoice for the full price is payable on the normal due date.
8. Force Majeure.
(1) For the purposes of these terms the expression “force majeure” shall include any Act of God, war, civil disturbance,
requisitioning, governmental or parliamentary restriction, recommendation, prohibition or enactment of any kind, import or export
restrictions and regulations, strikes, unfair industrial practice, trade disputes, difficulty in obtaining workmen or materials,
breakdown of machinery, fire, accident, non-delivery by the Company’s suppliers or any other cause whatsoever beyond the
(2) The Company will not be liable for any direct or consequential loss whatsoever resulting from
(a) The Company being delayed in, or prevented from, making delivery owing to the force majeure: or
(b) Damage to or destruction of the whole or part of the goods resulting from force majeure.
In the Event of a receiver or manager or a receiver and manager being appointed over any assets of the Purchaser or the
Purchasers entering into any arrangement or
com position with the Purchaser’s creditors or if where the Purchaser is an individual or partnership firm that individual or any
partner of that firm shall commit an act of
bankruptcy or shall in Scotland become Notour bankrupt or be sequestrated or if where the Purchaser is a corporation it shall go
into Liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) or any of its creditors
applies or is entitled to apply for it to be wound up by the Court then the Company shall be at liberty forth with to cancel or
suspend the contract without incurring any liability for the direct or consequential loss resulting there from and such suspension
or cancelation shall be without prejudice the Company’s right to recover all sums in respect of goods and installments delivered
and cost incurred to date of cancellation.
The time, if any, specified for the commencement and completion of the supply and delivery of goods shall be deemed to be
variable, if delays are occasioned by force majeure, strikes, lockouts, accidents, or any other cause beyond the Company’s
control the Company will not be liable. The Company shall be entitled to make partial deliveries or deliveries by installments. The
signature of any employee of the Customer acknowledging receipt of the goods shall be conclusive evidence of receipt of the
goods specified on the relevant delivery docket.
In the event that the Company has to meet any claims for damages or loss to third parties (including any servants or agents of
the Purchaser) which relate in any way whatsoever to the goods then and without prejudice to Clause 5 and 7 hereof, the
Purchaser shall at all times fully indemnify the Company against any such loss or damage. The company shall not be liable for
any consequential loss arising from the supply of goods sold, whether the claim is founded in contract or independently of
The Buyer shall indemnify the Company against all damages, penalties, costs and expenses to which the Company may
become liable as a result of work done or the supply of goods in accordance with the Buyer’s specifications which involves the
infringement of any letters patent, registered design, copyright, trademark or trade name or other rights of confidentiality or
information or industrial, commercial or intellectual property.
All warranties and conditions (including those of fitness, quality and merchantability, but with the exception of the implied
warranty as to title), and whether express or implied by common law or status or otherwise and whether the sale is by way of
sample or description or otherwise in respect of the goods sold are expressly excluded, however the Purchase shall be entitled
to the benefit (so far as it can be transmitted to the Purchaser and is compatible with these conditions) of any warranty or
condition given by the manufacturers of the goods sold, provided however that this shall not be deemed to give rise to any
contractual obligation on the Company’s part.
Any representation by any representative or agent of the Company in respect of the goods or as to delivery dates shall not
(unless confirmed in writing as foresaid) be binding on the Company and shall not be treated as contractual.
15. Governing Law and Jurisdiction
The Contract shall be governed by and construed in accordance with English law and all disputes arising in connection with the
Contract shall be submitted to the jurisdiction of the English Courts.
16. E. & O.E
Any clerical calculating or typographical errors shall be subject to correction