Conditions of Sale

The following are the only term on which LSE Hair and Beauty Limited will supply its products to a purchaser, and the terms of Order Acknowledgment and of these Conditions shall constitute the entire agreement between LSE Hair and Beauty Limited and a customer. No purported variation of those terms will be effective unless confirmed in writing by LSE Hair and Beauty Limited. Its agents or employees in respect of any representation or statements made whether before or after agreement is reached. Unless confirmed in writing by LSE Hair and Beauty Limited in enforcing any terms shall constitute a variation of it or a waiver of LSE Hair and Beauty Limited’s rights under it.

1. Definitions

In these Conditions the expression “the order Acknowledgement” shall mean the form sent in accordance with clause 2 hereof and the expressions “the Customer”. “The Equipment” and “the Price” shall have the respective meanings shown in the Order Acknowledgement.

2. Acceptance

(a) LSE Hair and Beauty Limited shall notify the Customer of its acceptance of an order placed by the Customer by forwarding to him an Order Acknowledgement and the contract between LSE Hair and Beauty Limited and the Customer shall be deemed to be made when the Order Acknowledgement is despatched and not before.

(b) No binding contract shall be constituted by the acceptance by the Customer of any quotation made by LSE Hair and Beauty Limited.

(c) Any acceptance by LSE Hair and Beauty Limited of an order placed by a Customer shall be subject to these terms.

3. Price

(a) While every effort is made to maintain our prices, because of inflation, it is necessary to note that prices are subject to alteration up to the date of despatch or installation due to increases in labour and raw materials costs. Prices quoted are exclusive of VAT. VAT is at the ruling rate.

(b) LSE Hair and Beauty Limited reserves the rights to amend the Price to cover any altercations in labour, raw material, transport and production costs in the event that completion of delivery is delayed for any reason beyond LSE Hair and Beauty Limited’s control.

(c) If delivery of the Products is by instalments, each instalment shall be deemed a separate sale and the making of payment for each instalment on the due date shall be a condition of such sale.

4. Interest

Interest at 2% per month will be added to all accounts outstanding for 3 months from the date of the invoice.

5. Deposit

(a) Any deposit required as a condition of acceptance of an order

(i) Shall be noted in the “Deposit Paid” box of the Order Acknowledgement Form, and

(ii) Shall (if not paid before acceptance of an order) be paid within three working days of placing the order.

(b) If the deposit shall not be paid as aforesaid then upon the expiry of three working dates the order shall be null and void

(c) If the deposit is duly paid then it shall be applied in and towards payment of the order.

(d) If due to the default of the customer payment of the balance of the order is made in accordance with these conditions of sale then the deposit will be forfeited but without prejudice to any continuing claim by LSE Hair and Beauty Limited against the customer to recover together with interest and costs) all remaining monies due and owing in respect of the order.

6. Payment

Payment in full of the Price plus VAT if applicable shall be due on despatch of LSE Hair and Beauty Limited’s invoice for the Equipment, unless otherwise agreed in writing by LSE Hair and Beauty Limited before the date of despatch of the invoice.

7. Delivery Title and Risk

(a) LSE Hair and Beauty Limited shall arrange for the carriage of the Equipment to the Customer and the Equipment shall be at the Customer’s risk as from the moment of delivery to the Customer’s premises. Claims for the loss or damage to the Equipment in transit shall be made by the Customer direct to LSE Hair and Beauty Limited within 24 hours from the date of receipt of the Equipment or if the Equipment is not delivered within 7 days of the date of LSE Hair and Beauty Limited’s invoice for the Equipment.

(b) Title to the Equipment shall remain in LSE Hair and Beauty Limited until payment for all the sum(s) due hereunder has been received by LSE Hair and Beauty Limited without prejudice to any Other rights it may have, be it entitled to go upon the property of the Customer and repossess and remove the Equipment (or any part of it) and shall be entitled to resell the Equipment (or any part of it) Until such payment has been received, the Customer shall not sell, charge or otherwise dispose of the Equipment (or any part of it), shall keep the Equipment safe and ensured at its own expense, shall where reasonably possible keep the Equipment in such a way that the Equipment is clearly the property of LSE Hair and Beauty Limited and shall return the Equipment to LSE Hair and Beauty Limited on demand. Until LSE Hair and Beauty Limited is paid in full for all the Equipment, the relationship of the Customer of LSE Hair and Beauty Limited shall be Fiduciary in respect of the Equipment and if the Customer sells, charges or otherwise dispose of the Equipment (or any part of it) or if the Equipment (or any part of it) is destroyed or damaged in respect of which insurance monies become payable, the Customer shall account as bare trustees to LSE Hair and Beauty Limited for the proceeds of such sale, charge disposal or insurance policy, shall keep such proceeds in a separate bank account and shall not assign such proceeds to any third party.

8. Counterfeit Replacement Parts

You could be increasing your exposure to injuries and liability lawsuits by using counterfeit parts on LSE Hair and Beauty Limited machines. While these counterfeit parts could cost less initially they may compromise the original design safety of your equipment LSE Hair and Beauty Limited is a responsible company and stands behind its products. People who supply counterfeit parts may not be.

The use of counterfeits parts will automatically void the LSE Hair and Beauty Limited Warranty (see clause 9 of these conditions). Always insist on genuine LSE Hair and Beauty Limited parts.

9. Delays

While time of delivery shall not be the essence of any contract LSE Hair and Beauty Limited shall make every effort Equipment by the agreed delivery date. If it is prevented from doing so by an event beyond its control, including but not limited to an act of God, war, act of government, fire, flood, industrial dispute not or civil commotion, sabotage or act or omission of the Customer or of a third party, then LSE Hair and Beauty Limited will, wherever possible, notify the Customer of the delay, and the time for delivery will be extended to take account of the matter causing the delay.

10. Warranty and Exclusions

(a) LSE Hair and Beauty Limited warrants the Equipment to be free of defects in materials and workmanship for a period of one year from the date of delivery. During such a period any servicing necessary due to such defect shall be done by LSE Hair and Beauty Limited without charge. If the Equipment is damaged, abused or worn from extended use during the period of one year from the date of delivery or thereafter it will be repaid if economically possible at the customer’s expense.

(b) No other conditions or warranties express or implied shall apply except insofar as they are bound to apply by law.

(c) The Equipment should be serviced regularly. The Customer undertakes to indemnity LSE Hair and Beauty Limited in respect of any loss or damage arising as a result of:

(i) The Customer failing to ensure that the Equipment is installed, operated, or used in accordance with any instructions attached to the Equipment by LSE Hair and Beauty Limited and in accordance with any operating manual provided by LSE Hair and Beauty Limited, or

(ii) The Equipment having been serviced by persons other than those approved by LSE Hair and Beauty Limited, or

(iii) Replacement parts, additional parts or accessories other than those approved by LSE Hair and Beauty Limited having been incorporated onto or attached to the equipment, or

(iv) The Equipment having been adapted for use or operated in such a way as does not conform to the recommendations of LSE Hair and Beauty Limited.

(d) In no circumstances whatsoever shall LSE Hair and Beauty Limited, its employees or agents be liable for any special indirect or consequential damage arising out of any matter contained, implied or referred to herein. In particular, LSE Hair and Beauty Limited can accept no liability for any expenses or losses incurred as a result of any interruptions in the use of the Equipment.

11. Termination

If the Customer defaults, in complying with any of these Conditions or in the event of the Customer committing an act of bankruptcy or going into liquidation (not being a voluntary liquidation for the purposes of amalgamation or reconstruction only) or suspending payment of debts or making any arrangements with creditors LSE Hair and Beauty Limited shall be entitled to cancel any contract hereunder without notice and without any prejudice to any other rights LSE Hair and Beauty Limited may have.

12. Miscellaneous

(a) The Customer shall not assign and rights or delegate any duties hereunder.

(b) LSE Hair and Beauty Limited reserves the right to subcontract any or all of its obligation hereunder.

(c) The contract shall be read and construed in accordance with English Law.

(d) Paragraph headings are for ease of reference only and shall not affect the construction of these Conditions.