TERMS AND CONDITIONS OF SALE
In these Standard Terms and Conditions, “Lupit Pole” shall mean Lupit Pole d.o.o.
These Terms and Conditions shall apply to all contracts for the sale of goods by Lupit Pole to the purchaser (the Customer) and shall comprise the only terms and conditions of the contract between Lupit Pole and the Customer to the exclusion of all others, with exception of such terms and conditions as shall be agreed in writing by a Director of the company.
All orders are subject to acceptance by Lupit Pole at our headquarters in Slovenia. Lupit Pole may at any time refuse or cancel the delivery of an order or the balance of an order without notice. Notwithstanding acceptance or acknowledgement thereof, all orders and quotations are subject to approval by Lupit Pole of buyer’s credit; at Lupit Pole's option, terms of payment may be varied from those set forth herein.
Lupit Pole may at any time refuse or cancel the delivery of an order or the balance of an order without notice.
Where stock is oversold the company will undertake allocations at its own discretion. Customers with overdue payments will not be included in any allocations. When ordering products and/or services via the internet, customers are entering into a legally binding contract.
Cancelled orders are subject to a cancellation charge of 50% of the invoice value; however, orders for special products namely, products customized according to customer specifications are not subject to cancellations.
2. GOODS OUT OF STOCK
Items not in stock will be entered on back order and either, at the Company's discretion, dispatched on the arrival of stock or added to your future orders as and when they become available. If you do not want items to be back-ordered, please inform us in writing.
3. DELIVERY, RISK AND INSURANCE
Delivery/shipment quotations are based on the best information available at the time of quotation. Lupit Pole shall not be held liable for delays in shipping due to causes beyond our control or the control of our suppliers or subcontractors, which make it impossible or commercially unreasonable. Lupit Pole shall not be liable for any loss, damage, or expense whatsoever or howsoever arising from delay in delivery or failure to deliver.
All deliveries are subject to Packing and carriage charges shown in the price list or by quotation. The
Company reserves the right to amend these charges without notice at any time. All delivery charges are exempt from any discounts shown or offered. Goods are at the buyer's risk as soon as
they leave the Company's premises. If requested, the Company will provide insurance to cover delivery, which will be charged at cost.
It is the customer's responsibility to examine the consignments of goods upon arrival for correct quality, description, shortages, plus any transit damage. Claims MUST be made in writing or by phone to Lupit Pole's Sales Department within 3 days of receipt of goods or within 14 days of the invoice date when the
goods have become lost in transit. Claims in respect of allegedly faulty goods, shortages or non-delivery shall not be grounds for withholding payment of accounts and shall not give the customer the right to offset/contra against payments made to the Lupit Pole.
Lupit Pole will not accept packing and carriage charges for customer returns unless a Director agrees.
Refunds will be made on the receipt of the goods once the warranty claim is agreed upon. Proof of return (registered post or similar) should be retained as no refund or exchange can be made until the goods are received. Any claim against Lupit Pole by a purchaser of its products arising out of the condition or quality of said products shall be made in writing to Lupit Pole within ten (10) days of the delivery/shipment of said goods and merchandise and a failure to present such claim within the said ten (10) days shall constitute a waiver of such claim. Lupit Pole will not accept packing and carriage charges for customer returns unless a Director agrees.
All products come with a minimum 12 months parts and labour warranty. The warranty excludes normal wear and tear on parts. Your sales receipt, showing the date of purchase of the product, is your proof of the date of purchase. This warranty becomes VALID ONLY if the Product is assembled/installed according to the instructions / directions included with the product. This warranty does not extend to any product that has been damaged or rendered defective:
(a) as a result of an accident, misuse, abuse or lack of reasonable care;
(b) by the use of parts not manufactured by Lupit Pole or sold by Lupit Pole;
(c) by modification of the product.
In the case of goods developing faults, Lupit Pole's sales department should be notified in writing. Goods must not be returned under Warrantee until Lupit Pole's consent has been obtained. If on examination of the goods, by Lupit Pole, we find that defects arise from faulty materials or workmanship, Lupit Pole will, at its option, repair or replace the goods free of charge.
Terms & Conditions - (2)
Note: Lupit Pole is unable to accept any liability save to the extent and in the circumstances described above. In particular, Lupit Pole cannot be liable for any financial loss, injury or damage caused to the buyer or any other person caused by any defect in the goods except to the extent that its negligence caused it or contributed thereto. Lupit Pole cannot therefore be responsible for the negligence of others. Where the buyer sells the Lupit Pole's goods as the Lupit Pole's agent, he has no authority to make any representations or give any warranties relating to the goods or their fitness for any purpose.
The warranty shall not apply to and shall be void against any products which have been subject to misuse, misapplication, modifications or tampering or any products which have been damaged by the negligence or willful default of the user. Any claim against Lupit Pole by a purchaser of its products arising out of the condition or quality of said products shall be made in writing to Lupit Pole within ten (10) days of the delivery/shipment of said goods and merchandise and a failure to present such claim within the said ten (10) days shall constitute a waiver of such claim.
6. PRICING & PRICE CHANGES
The retail prices where shown are suggested retail prices and are inclusive of VAT (where applicable) at the current rate ruling on the date of invoice. The goods will be invoiced including VAT, the VAT content total will be shown on the invoice. Prices charged depend on the price list applicable to the customer type, ruling at the date of despatch. The prices in the price list are in Euro and are correct at the time of going to press (errors and omissions excepted). Pricing in any currency other than Euro is approximate and it is the purchasers responsibility to check foreign currency prices against the Euro prices shown. Lupit Pole reserves the right
to change prices without prior notice. Lupit Pole can accept no responsibility for loss of sales or profit due to errors, out of date price lists or press advertisements (errors and omissions excepted). Prices are subject to change without notice, but any such changes shall not affect accepted orders scheduled for delivery/shipment within 30 days from the date the order is accepted; Prices of those products scheduled for delivery/shipment after 30 days from the date an order is accepted and entered shall be the published price in effect at the time of such scheduled delivery/shipment. All prices include VAT.
All invoices and in turn payments are in Euro unless otherwise agreed in writing by a Director of the company. All invoices will be paid before despatch of the invoiced goods. Payment for goods will be paid by PayPal, credit card, or bank transfer. Lupit Pole does not offer sale or return conditions.
8. OWNERSHIP OF GOODS SUPPLIED
The buyer undertakes he will store the goods in such a way that they can readily be identified in his stock. The buyer is authorized to resell, as the Lupit Pole's agent, goods in which the property has not passed to him. Such sales must be in the ordinary course of his business and at a price not lower than that at which he bought the goods from Lupit Pole. He shall record these sales in such a way that they can readily be identified in his books. The buyer shall be liable to account to Lupit Pole for the proceeds of all sales made as Lupit Pole's agent. Upon paying all his indebtedness to us upon invoices, he shall be entitled to retain the balance of such proceeds as his agreed commission on the sales. If the buyer enters into a composition of arrangement with his creditors, has a receiver appointed, commits an act of bankruptcy or if he goes into liquidation, Lupit Pole's consent to his possession of Lupit Pole's goods and his authority to sell them shall cease. The buyer shall return to the Lupit Pole forthwith any of the Lupit Pole's goods held by him and also pay to us any monies received for any goods sold when acting as Lupit Pole's agent. Lupit Pole may at any time require the buyer to return any of Lupit Pole's goods held by him if any invoice becomes overdue.
When goods are returned to Lupit Pole under these provisions, Lupit Pole will credit the buyer's account with the trade price of the goods provided the goods are in perfect condition.
If the goods are damaged Lupit Pole will credit at Lupit Pole+s estimate of the trade saleable value dependent on the severity of the damage. Any balance of the sum credited over the buyer's indebtedness to the Company upon invoices will be returned to the buyer.
9. PUBLISHED DATA
All published data of any kind by Lupit Pole relating to products is approximate. No warranty or condition of accuracy is given or implied. Lupit pole accepts no responsibility for any loss or damage direct or indirect arising out of or in connection with this clause.
10. GOVERNING LAW
The law governing all contracts with Lupit Pole is the Law of Slovenia. In the case of any dispute, the Courts of Slovenia have exclusive jurisdiction. Items supplied may be subject of patents and or registered designs. The Company reserves the right to withdraw or modify the design or specification of any item at any time without notice.
BY SIGNING & RETURNING THIS DOCUMENT I ACCEPT THE TERMS AS DETAILED ABOVE.
LUPIT POLE International Head office.
Brnčičeva 41E , 1231 Ljubljana - Črnuče, SLOVENIJA, EU
www.lupitpole.com / email: email@example.com / Tel : +386 (0)40 875 225
© Copyright 2017 - All rights reserved - LupitPole d.o.o.