A UK registered Company number: SC171083
Vat registration number: 651 9241 38
This website is published for the information of business clients and prospective business clients of Laser Cutting Services Ltd. We do our best to ensure that the information on this Website is accurate and helpful at all times. However, we cannot guarantee the accuracy of that information and cannot be held liable for any use or reliance you may make of or put on it. (Any recommendation or other information within the website is followed by you at your own risk.) We reserve the right to change the terms and conditions under which the Website is offered at any time. Any such change in terms and conditions will be effective once published on this web page. You should check the terms and conditions regularly to make sure that you are aware of and complying with the latest version.
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TERMS OF SUPPLY
In these Conditions:
- “CLIENT”means the person named on the Specification Sheet for whom LCS has agreed to provide the Services in accordance with these Terms;
“CONTRACT” means the contract for the provision of the Services and/or the Goods; “DOCUMENT” includes, in addition to a document in Writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form;
“GOODS” means the goods (including any instalment of the goods or any parts for them) which LCS is to supply in accordance with these Terms;
“INPUT MATERIAL” means any Documents or other materials, and any data or other information provided by the Client relating to the Services; “LCS” means Laser Cutting Services Limited (registered in Scotland under number SC171083);
“OUTPUT MATERIAL” means any Documents or other materials, and any data or other information provided by LCS relating to the Services;
“SERVICES” means the service(s) to be provided by LCS for the Client as referred to in the Specification Sheet;
“SPECIFICATION SHEET” means the sheet to which these Terms are appended;
“LCS’S STANDARD CHARGES” means the charges shown in LCS’s brochure or other published literature relating to the Services from time to time.
- The headings in these Terms are for convenience only and shall not affect their interpretation.
- SUPPLY OF THE GOODS AND/OR SERVICES
- LCS shall sell and the Client shall purchase the Goods and/or LCS shall provide the Services to the Client in accordance with LCS’s Written quotation (if accepted by the Client), or the Client’s written order (if accepted by LCS), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Client.
- Any changes or additions to the Services or these Terms must be agreed in Writing by LCS and the Client.
- The Client shall be responsible to LCS for ensuring the accuracy of the terms of any order (including any applicable specification whether in the Specification Sheet or otherwise) submitted by the Client and the Client shall at its own expense supply LCS with all necessary Documents or other materials, and all necessary data or other information relating to the Services and/or Goods, within sufficient time to enable LCS to provide the Service and/or Goods in accordance with the Contract. The Client shall ensure the accuracy of all Input Material.
- The Client shall at its own expense retain duplicate copies of all Input Material and insure against its accidental loss or damage. LCS shall have no liability for any such loss or damage, however caused. All Output Material shall be at the sole risk of the Client from the time of delivery to or to the order of the Client.
- The Services and/or Goods shall be provided in accordance with the Specification Sheet and otherwise in accordance with LCS’s current brochure or other published literature relating to the Services and/or Goods from time to time, subject to these Terms.
- Further details about the Goods and/or Services, and advice or recommendations about their provision or utilisation, which are not given in LCS’s brochure or other promotional literature, are available on written request. LCS’s employees or agents are not authorised to make any representations concerning the Goods and/or Services unless confirmed by LCS in Writing. In entering into the Contract the Client acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
- Any advice or recommendation given by LCS or its employees or agents to the Client or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by LCS is followed or acted upon entirely at the Client’s own risk, and accordingly LCS shall not be liable for any such advice or recommendation which is not so confirmed. LCS shall not be liable for any use of the Goods by the Client once the Goods have been supplied to the Client.
- LCS may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Services and/or Goods without any liability to the Client.
- LCS may at any time without notifying the Client make any changes to the Services and/or Goods which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services.
- If the Goods are to be manufactured or any process is to be applied to the Goods by LCS in accordance with a specification submitted by the Client, the Client shall indemnify LCS against all loss, damages, costs and expenses awarded against or incurred by LCS in connection with, or paid or agreed to be paid by LCS in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from LCS’s use of the Client’s specification and/or Input Material.
- No order which has been accepted by LCS may be cancelled by the Client except with the agreement in writing of LCS and on terms that the Client shall indemnify LCS in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by LCS as a result of cancellation.
- The price of the Goods and/or Services shall be LCS’s quoted price and any additional sums which are agreed between LCS and the Client for the provision of the Services and/or Goods or which, in LCS’s sole discretion, are required as a result of the Client’s instructions or lack of instructions, the inaccuracy of any Input Material or any other cause attributable to the Client. All prices quoted are valid for 30 days only or until earlier acceptance by the Client, after which time they may be altered by LCS without giving notice to the Client.
- LCS reserves the right, by giving written notice to the Client at any time before delivery, to increase the price of the Goods and/or Services to reflect any increase in the cost to LCS which is due to any factor beyond the control of LCS (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods and/or Services which is requested by the Client, or any delay caused by any instructions of the Client or failure of the Client to give LCS adequate information or instructions.
- All charges quoted to the Client for the provision of the Goods and/or Services are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
- All prices given or quoted, unless otherwise stated in the Specification Sheet or in LCS’s Written quotation, are on an ex works basis. LCS is happy to arrange for delivery of the Goods, however, in such circumstances the Client shall be liable to pay LCS’s charges for transport, packaging and insurance (if requested by the Client) of the Goods.
- Full payment of all sums due to LCS in respect of the provision of Goods and/or Services is required to be supplied to LCS (in cleared funds) prior to LCS providing the Goods and/or undertaking the Services.
- In certain circumstances LCS may agree in writing to invoice the Client for the Goods and/or Services following provision of the Goods and/or Services. In such circumstances LCS’s Standard Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set off or other deduction) within 14 days of the date of LCS’s invoice.
- If payment is not made on the due date, LCS shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4% above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full and shall be entitled to suspend provision of the Goods and /or Services and all future Goods and/or Services.
- LCS reserve the right to charge interest on any outstanding sums owed to it in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
- RIGHTS IN INPUT MATERIAL AND OUTPUT MATERIAL
- The property and any copyright or other intellectual property rights in:
- any Input Material shall belong to the Client
- any Output Material shall, unless otherwise agreed in Writing between the Client and LCS, belong to LCS, subject only to the right of the Client to use the Output Material for the purposes of utilising the Services.
- Any Input Material or other information provided by the Client which is so designated by the Client and any Output Material shall be kept confidential by LCS, and all Output Material or other information provided by LCS which is so designated by LCS shall be kept confidential by the Client; but the foregoing shall not apply to any Documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.
- The Client warrants that any Input Material and its use by LCS for the purpose of providing the Goods and/or Services will not infringe the copyright or other rights of any third party, and the Client shall indemnify LCS against any loss, damages, costs, expenses or other claims arising from any such infringement.
- Delivery of the Goods shall be made by the Client collecting the Goods at LCS’s premises at any time after LCS has notified the Buyer that the Goods are ready for collection. If agreed by LCS and the Client, LCS will arrange for delivery of the Goods and delivery shall take place once the goods are handed over to the courier engaged by LCS or are posted by LCS.
- Any dates quoted for delivery of the Goods are approximate only and LCS 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. The Goods may be delivered by LCS in advance of the quoted delivery date.
- Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by LCS to deliver any one or more of the instalments in accordance with these Terms or any claim by the Client in respect of any one or more instalments shall not entitle the Client to treat the Contract as a whole as repudiated.
- If LCS fails to deliver the Goods (or any instalment) for any reason other than any cause beyond LCS’s reasonable control or the Client’s fault, and LCS is accordingly liable to the Client, LCS’s liability shall be limited to the excess (if any) of the cost to the Client (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
- If the Client fails to take delivery of the Goods or fails to give LCS adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Client’s reasonable control or by reason of LCS’s fault) then, without limiting any other right or remedy available to LCS, LCS may:
- store the Goods until actual delivery and charge the Client for the reasonable costs (including insurance) of storage; or
- sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Client for the excess over the price under the Contract or charge the Client for any shortfall below the price under the Contract.
- RISK AND PROPERTY
- Risk of damage to or loss of the Goods shall pass to the Client:
- in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Client that the Goods are available for collection; or
- in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery of the Goods to the courier company making the deliver or the time of posting by LCS. If requested to do so by the Client LCS is happy to arrange for Goods to be delivered at the Client’s cost. LCS is also happy to arrange insurance with the carrier concerned to cover the goods whilst in transit at the Client’s request and cost.
- 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 Client until LCS has received in cash or cleared funds payment in full of the price of the Goods.
- Until such time as the property in the Goods passes to the Client, the Client shall hold the Goods as LCS’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Client and third parties and properly stored, protected and insured and identified as LCS’s property, but the Client may resell or use the Goods in the ordinary course of its business.
- Until such time as the property in the Goods passes to the Client (and provided the Goods are still in existence and have not been resold), LCS may at any time require the Client to deliver up the Goods to LCS and, if the Client fails to do so forthwith, enter on any premises of the Client or any third party where the Goods are stored and repossess the Goods.
- WARRANTIES AND LIABILITY
- Subject as expressly provided in these Terms, and except where the Goods are sold or the Services are supplied to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- LCS warrants to the Client that the Services will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Specification and at the intervals and within the times referred to in the Specification Sheet. Where LCS supplies in connection with the provision of the Services any Goods (including Output Material) supplied by a third party, LCS does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the Goods to LCS.
- Subject to the provisions of this clause 7 LCS warrants that the Goods will correspond with their specification and will be free from defects in material and workmanship at the time of delivery.
- The above warranty is given by LCS subject to the following conditions:
- LCS shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Client;
- LCS shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to LCS’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without LCS’s approval;
- LCS 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;
- the above warranty does not extend to parts, materials or equipment not manufactured by LCS, in respect of which the Client shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to LCS.
- LCS shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non arrival, or any other fault of the Client.
- Except in respect of death or personal injury caused by LCS’s negligence, or as expressly provided in these Terms, LCS shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of LCS, its servants or agents or otherwise) which arise out of or in connection with the provision of the Service or their use by the Client, and the entire liability of LCS under or in connection with the Contract shall not exceed the amount of LCS’s charges for the provision of the Service and/or Goods, except as expressly provided in these Terms.
- LCS shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of LCS’s obligations in relation to the Service or the provision of the Goods, if the delay or failure was due to any cause beyond LCS’s reasonable control.
- These Conditions (together with the terms, if any, set out in the Specification Sheet) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in Writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
- A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to the 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 failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
- English law shall apply to the Contract, and the parties agree to submit to the exclusive jurisdiction of the English courts.
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