Terms and conditions for sale of goods and services

Agreement

 

Any product or service offered by LOBO Systems Ltd will be conducted, without exception, in accordance with these terms and conditions and any purchase will be considered as an acceptance of these terms and conditions. Any disagreement with these terms and conditions should be addressed with LOBO in writing.


General terms and conditions

 

– Definitions
The term LOBO means LOBO Systems Ltd, their agent or representative. Customer means the organisation booking and/or paying for the services. Delegate means a person attending the training course, assessment or seminar.

– Order
Customer may order in response to LOBO’s written quotations, which shall be valid until the expiry date of the quotation.

An order constitutes a commitment by the customer to purchase the goods subject to these terms. Each order constitutes the basis of a separate contract.
No order shall be acted on without, payment in advance or purchase order or a verified purchase order number.
All new customers will receive a pro forma invoice, payment is expected before dispatch of the goods or services.
At any point a customer can request an account with LOBO.

– Special requirements
LOBO reserves the right to deliver and invoice any goods made especially to customer’s specification by us in good faith and left on hand due to cancellation of all or part of the order.

– Cancellations
Lobo reserves the right to charge a restocking fee of 10% of the cancelled order value.

– Returns
Lobo operates a returns policy, in the event of a return of goods LOBO will refer to its internal processes.

– Prices & Payment
The price of the service shall be as set out in LOBO’s written quotation provided prior to placement of order. Prices and all other sums payable hereunder shall be exclusive of Value Added Tax and all taxes or duties that may be levied or based upon the prices. Value Added Tax and all such taxes or duties (with the exception of any tax levied or based upon the income of LOBO) shall be paid by the customer as additional charges hereunder.
LOBO requires cleared funds or credit card details with orders unless the customer has a credit account with LOBO.
For customers with accounts, LOBO shall on or after delivery of the goods invoice the customer for goods supplied and each invoice shall give details of the goods in question and quote the purchase order number.
Account Customers shall pay for services delivered within 30 days of invoice date. LOBO reserves the right to withdraw an account customer’s credit facility at any time.
LOBO may charge the customer interest at the rate of 8% per annum above the then current base rate for any overdue payments.

– Delivery
Unless otherwise agreed in writing, LOBO shall deliver the goods to the delivery location specified by the customer in the delivery shall be subject always to availability. Where LOBO has the requisite goods in stock, dispatch following an order will normally be within 3 working days.
For any order in excess of £15,000 LOBO reserves the right to divide the consignment into separate batches none of which shall be in excess of £15,000.

– Acceptance
If any goods comprised in a delivery are damaged in transit, are defective or not in accordance with the order the customer may reject or require LOBO to replace the damaged goods free of charge as quickly as possible provided that in the case of damage to or defects in the goods apparent at delivery, the customer shall so notify LOBO within 24 hours of delivery and not apparent at delivery, the customer shall so notify LOBO within 48 hours of delivery.

– Warranties
LOBO warrants to the customer that for a period of 12 months, or such other period as may be notified in writing, from the date of delivery, the goods shall be free from defects in design, materials and workmanship. The customer shall notify LOBO of any breach of this warranty and LOBO shall promptly, at its option, either repair or replace the defective goods (or relevant part). Any delivery expenses relating to (i) the return to LOBO’s premises of the defective goods (or part); and (ii) the delivery of replacement or repaired goods (or parts) shall be borne by LOBO.

– Liabilities
LOBO excludes all liability regarding warranties that is not included in LOBO’s express warranties.
LOBO excludes all liability caused by the customer’s negligence.
LOBO excludes all liability resulting in damage or injury as a result of improper use of the LOBO platform system and its component parts (improper use refers to, the use of the LOBO platform system or its component parts for anything other than what it was designed for).
LOBO excludes all liability where the customer fails to follow all health and safety guidelines including working at height regulations and federal codes and regulations.
LOBO limits liability where the LOBO systems code of safe practices is not followed.

– Design
A LOBO platform system is designed to be used to gain safe access while working at height, the platform system can be configured in multiple ways to gain safe access to difficult to reach areas.
It is not designed to be used as traditional scaffolding, it has a weight limit designed around people working on the system with tools, not to hold machinery or bricks or any other heavy objects.

– Risk and Opportunity
Risk in the goods shall pass to the customer when the customer has accepted delivery at its premises. The goods shall remain the property of LOBO until paid for in full by the customer.

– Health & Safety
LOBO will take reasonable steps in relation to the health and safety of LOBO staff; however, the responsibility for customer health and safety issues remains with the customer throughout.

– Confidentiality.
The customer and delegates will keep secure and not disclose any information of a confidential nature obtained by reason of the training received except information which is already in the public domain. The provisions of this section shall apply during the continuance of this agreement and indefinitely thereafter.

– Right to Dismiss
LOBO reserves the right, at its sole discretion, to exclude any delegate from the training course or seminar on the grounds of misconduct or upon failure of any mandatory section of the course.

– Force Majeure
The provision of training may be totally or partially suspended by LOBO to the extent that delivery is prevented through any circumstances beyond its control.

– Copyright
LOBO retains its intellectual property rights in all of its materials, documents and/or software, none of which may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, otherwise than for the purpose specified by LOBO. The material described above remains with LOBO and may not be used by the customer, delegate or other party for training purposes. If LOBO becomes aware of such use, then legal action will be taken to stop such activity and to seek compensation.

– Variation
No variation of these terms will be valid unless evidenced in writing and signed by a duly authorised representative of LOBO.

– Responsibility
It is the customer’s responsibility to ensure that a LOBO System is not erected or used by staff that have not successfully completed the LOBO certified training course.

– Training
Training terms and conditions are outlined in a separate terms and conditions, please refer to the LOBO website for full details.

– Privacy Policy
At LOBO Systems your privacy is of the utmost importance to us, and as such we operate the following policy. We keep your data completely secure in the Microsoft assure system and we do not share your personal data with 3rd parties, and only use it under lawful basis for the process of personal data. You can contact us at any point to remove or restrict the processing of your personal data. Our full privacy policy is available on our website www.lobosystems\privacy or by request.

 

 

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