General Terms and conditions

Definitions:” The Company" means LUNEX LTD. "The Buyer" means the person, firm or company ordering or buying the good from the company. "The Goods" means the product or subject matter of the relevant order of sale.

LUNEX LTD reserves the right by giving the notice to the Customer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to LUNEX LTD which is due to any factor beyond the control of LUNEX LTD.

Unless LUNEX LTD has previously agreed in writing that the Goods will be supplied on Credit, the Customer must make payment for the Goods in full at the time of order. The Customer will pay all amounts due to LUNEX LTD free from all deductions and without set-off. The Customer shall not be entitled by reason of any claim against LUNEX LTD to withhold payments for the Goods.

The goods remain the property of the company until all due funds relating to the goods have cleared. The buyer agrees that the company or its representatives may enter the buyer's premises at any reasonable time in order to recover goods originally supplied by the company for which payment is outstanding beyond any previously written, agreed credit term.

The Buyer shall indemnify LUNEX LTD against all claims for infringement or alleged infringement of third party patent or other industrial property rights and all costs and expenses incurred in connection therewith arising from the execution of the Buyer's order in accordance with the Buyer's designs, plans or specifications shall be indemnified by the Buyer.

Limitation of LUNEX LTD Liability:

(a) In any case where it is established to the satisfaction of LUNEX LTD that there has been a short delivery or a failure to deliver the goods to their destination or that the goods have been damaged (whether wholly or in part) prior to delivery LUNEX LTD will where the goods have been damaged credit the Buyer with the price thereof provided that:-
(i) Any complaint by the Buyer of short delivery of or damage to the goods shall have been notified in writing to LUNEX LTD immediately upon receipt of the goods; Latest within 24 hours
(ii) Any complaint by the Buyer of failure to deliver shall have been notified within 10 days of the receipt by the Buyer of the invoice or advice of dispatch whichever is the earlier.
(b) In any case where it is established to the satisfaction of LUNEX LTD that when delivered goods contained some defect in quality or did not correspond with sample or description then LUNEX LTD may (entirely at LUNEX LTD discretion) assign to the Buyer the benefit of any express guarantee or warranty received LUNEX LTD from the manufacturer or supplier of the goods, failing which LUNEX LTD will:-
(i) Replace the goods without further charge, or
(ii) Accept the return of the goods and credit the Buyer with the price thereof, or
(iii) Make the Buyer an allowance being the difference between the value of the goods at the time of the complaint by the Buyer and the invoice price provided that any complaint by the Buyer shall have been notified in writing to LUNEX LTD immediately upon delivery.
(c) Save as aforesaid LUNEX LTD will not be liable to the Buyer for any loss or damage suffered as a result of the events or for any of the reasons referred to in paragraphs (6a) and (6b) of this Condition and without prejudice to the generality of the foregoing any implied term, condition or warranty statutory or otherwise as to the quality of the goods sold or their fitness for any particular purpose or as to their correspondence with any description or sample is hereby excluded to the fullest extent permitted by law governing this Agreement and if any provision is held to be invalid then the remainder of these provisions shall continue to apply.
(d) LUNEX LTD shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in the Contract.
(e) LUNEX LTD shall be under no liability if the goods are not paid for by the due date.
(f) LUNEX LTD entire liability shall be limited to the value of the goods.
The decision on whole or part refund will be at the discretion of LUNEX LTD.

Consequential Loss: Without prejudice to the generality of the foregoing provisions then LUNEX LTD shall not in any event be liable to the Buyer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.

Sellers Right of Rescission: LUNEX LTD shall have the option (without prejudice to any of its other rights against the Buyer) by notice in writing to the Buyer to rescind any Contract between LUNEX LTD and the Buyer or to suspend delivery in the following events: -
(a) If the Buyer is in breach of any term of the same or any other Contract with LUNEX LTD and/or (b) If the Buyer enters into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) goes into liquidation either voluntary or compulsory or under supervision or have a receiver appointed over all or any of its assets or if the Buyer threatens to cease trading.

Delivery: Any dates quoted for the delivery of the Goods are approximate only and LUNEX LTD shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the contract. The Goods may be delivered by LUNEX LTD in advance of the quoted delivery date upon giving reasonable notice to the Customer.
The Customer will accept the Goods during normal business hours otherwise agreed in writing and will pay any additional charges caused by the failure to do so. The Customer may only refuse to accept delivery of the Goods by reason of obvious transit damage. In all other cases of refusal or wrongful rejection of the Goods the customer shall be liable for all appropriate Charges but this shall be without prejudice to LUNEX LTD claim for loss or damage suffered thereby and the Customer agrees to indemnify LUNEX LTD in full against all such loss of profit, costs and other damage. The company will not be responsible for late deliveries outside of its control, howsoever caused. The buyer shall inspect all goods immediately after they are delivered to them. The company reserves the right to reject claims for incorrect delivery 24 hours after the due date for delivery. The company reserves the right to reject claims for incorrect delivery 24 hours after the due date for delivery.

Returns & Warranties: LUNEX LTD accepts no liability for any breach of the contract or any loss or damaged in transit of Goods returned to LUNEX LTD. Defective goods returned must be returned with original packaging, a copy of the original invoice and in a clean, resalable condition. Goods returned otherwise will, at our discretion, either be refused or subject to restocking fee to cover our expense. LUNEX LTD shall not be liable to the customer by reasons of delay in performing or any failure to perform any of LUNEX LTD obligations in relation to the Goods if the delay or failure was due to any cause beyond LUNEX LTD reasonable control.

Buyers Default: In addition to any right it may have LUNEX LTD may terminate the transaction by giving notice to the customer or may so terminate any other contract between it and the customer wholly or in part and may suspend deliveries under the contract or any other contract with the customer and may re-take procession of the Goods if: - " The customer does not pay to LUNEX LTD any sum due to it.” The customer wrongfully fails to take a delivery of the Goods. “Any goods ordered by customer request a deposit is required and if the customer wishes to cancel the order the deposit is non-refundable.

Force Majeure: The company reserves the right to cancel, suspend or vary the operation of contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, flood, storms, plant breakdown, strikes, lock outs, riot, hostilities, non-availability of material or suppliers or any other event outside the control of the company; and the company shall not be held liable for any breach of contract resulting from such an event. These terms and conditions supersede any previous terms and conditions. These do not affect your statutory rights. All trademarks are acknowledged. LUNEX LTD shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of LUNEX LTD. No forbearance or indulgence by LUNEX LTD shown or granted to a Buyer whether in respect of these standard conditions or otherwise, shall in any way affect or prejudice the rights of LUNEX LTD against the Buyer or be treated as a waiver of any of these standard conditions.

These Terms and Conditions are governed by and are to be construed in accordance with the English Law and fall within the exclusive jurisdiction of the English Courts.
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement.