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Terms & conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Cleanall Services Ltd t/as Lixall Hygiene Services relationship with you in relation to this website.

The term ‘Lixall’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Moss Side Development Park, Aston Way, Leyland, Lancs, PR26 7UX. Our company registration number is 909852 registered in England. The term ‘you’ refers to the user or viewer of our website.

Definitions

‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us.
‘Consumer’ means a consumer as defined by the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts regulations 1994.
‘Contract’ means any contract for the supply of Goods incorporating these conditions.
‘Goods’ means the goods or where applicable the services which you agree to buy from us.
‘Price’ means the price for the goods excluding carriage, packing. Insurance and VAT, except where specifically stated ie £50.00 minimum order value.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without Lixall’s prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

Conditions Applicable

These conditions shall apply to all contracts for the sale of Goods by Us to You to the exclusion of all other terms and conditions including any terms and conditions which You may assume to apply under any purchase order confirmation of order or similar document.

All orders for Goods shall be deemed to an offer by You subject to these Conditions.

Acceptance of delivery of the Goods shall be deemed to be conclusive of your acceptance of these Conditions.

Any variation to these Conditions (including but not limited to special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Us.

Quotations are invitations to treat only and shall lapse after 30 days from date quoted.

You are responsible for ensuring the accuracy of any order placed with Us including, where applicable, drawings and specifications relating to it.

We will not be liable for any misrepresentation made by Us, our agents to You or your agents as to the condition of the Goods their fitness for purpose or as to quality or measurements unless the representation is made or confirmed in writing by Us or is fraudulent.

Prices

Quotations and the Price are based on costs prevailing at the time when they are given or agreed. We shall be entitled at any time to increase the Price of Goods to reflect any increase in the cost to Us which is due to factors occurring after fulfilling the Contract of sale which are beyond our reasonable control including, but without limitation, foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs.

Quotations are based on prices applicable to the quantity specified. In the event of orders being placed for quantities less than quoted We shall be entitled to adjust the Price of Goods as ordered to take into account the variation of quantity.

Payment

Payment must be made at the time or ordering by a valid debit or credit card. In certain circumstances, to be agreed by Us, Payment may be made on invoice. In the case of invoice our terms are strictly 30 days Nett after the date of invoice.

Interest on overdue invoices shall accrue from the date when payment becomes due until the day payment is received at the rate permitted by the Late Payment of Commercial Debts (Interest) Act 1988.

If you fail to make payment on the due date then without prejudice to any of our other rights We may suspend or cancel deliveries of any Goods due to You.

You may not withhold payment of any invoice or other amount due to us to set off any counter claim which You may have or allege to have for any reason.

We shall be entitled at all times to set off any debt or claim of whatever nature which we may have against You against any sums due by Us to You.

Returns Policy

We retain the right to charge a 20% handling fee for goods returned which were incorrectly ordered by You.

Delivery

Delivery shall be affected when the Goods are tendered for delivery by Us or by our Supplier to an address specified by You in the contract.

Delivery dates are given in good faith but are only approximate.

Time for delivery shall not be the essence of the Contract.

We shall not be liable for any loss or damage due to failure by us to deliver the Goods promptly or at all whether such failure is due by our negligence or otherwise.

We reserve the right to make delivery by installments and tender a separate invoice in respect of each delivery. Our failure to deliver any one or more instalments shall not entitle you to treat the Contract as being in breach.

Where We intend to deliver the Goods by full load but You have requested delivery in instalments We may reserve the right to levy additional charges in respect of additional deliveries.

The price agreed includes the cost of local delivery if the order is over £50.00 on weekdays from 8am to 5pm. There may be an additional carriage charge for non local or bulky deliveries. An additional charge will be incurred if We agree to deliver outside these hours or on bank holidays or on any other occasion when premises may be closed for whatever reason.

You shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, including the provision of labour as necessary to assist in the unloading of the Goods. Where our delivery vehicle has attended on the agreed delivery date and has been kept waiting for an unreasonable time and been obliged to return without unloading the Goods an additional charge will be incurred. If we have been obliged to provide additional staff to unload the Goods or You have failed to accept delivery of the Goods for any reason whatsoever an additional charge will be incurred.

We shall deliver the Goods as near as is possible to the address specified in the Contract as a safe hard road permits. We reserve the right not to deliver the Goods to premises considered in the absolute discretion of the driver to be unsuitable. If the vehicle used to deliver the goods to you is obliged to deliver or collect a load to or from any place not situated on a public highway then you will be solely responsible for any accident or damage incurred and must indemnify us fully in respect of all actions, claims, proceedings, cost and damages (including any damages or compensation paid by Us on the advice of our legal advisors to compromise or settle any claim) and all legal costs or other expenses arising out of such accident or damage.

You must give us notice within 7 working days of short delivery, otherwise the goods will be deemed to have been delivered in the quantity shown in our delivery documents and You will be deemed to have accepted the Goods. Our liability for short delivery is limited to making good the shortage and you shall not be entitled to reject the Goods or claim damages for short delivery.

Where it is apparent on reasonable inspection that the Goods do not conform with the Contract, or where the Contract is for sale by sample that the bulk does not conform with the sample You must give us notice in writing within 7 working days. If you do not give us notice you will be deemed to have accepted the Goods. If you have used the Goods or incorporated them in any way you will be deemed to have accepted the Goods.

Title of Goods and Risk

The Goods shall be at your risk from delivery.

In spite of delivery having been made, property of the Goods shall not pass from Us until you have paid the price plus VAT in full and no other sums whatsoever are due from You to Us.

Until property in the Goods passes to you in accordance with the above You shall hold the Goods on a fiduciary basis on Our behalf. You shall store the goods at no extra cost to Us separately from other goods in your possession, without interfering with any identification mark labels, batch numbers or serial numbers and marked in such a way that they are clearly identified as our property.

You shall not pledge or in any way charge by way of security for any indebtness any of the Goods which are Our property. Without prejudice to Our other rights, if You do so all sums whatever is owed by You to Us shall become due and payable.

You shall insure and keep insured the Goods to the full price against all risks to the reasonable satisfaction of us until the date the property in the Goods passes from Us and shall whenever requested by Us produce a copy of the policy of insurance. Without prejudice to our other rights if you fail to do so all sums whatever owing by You to Us shall become due forthwith.

Indemnity

In the event of any breach of this Contract by Us the remedies available to You shall be limited to damages. Under no circumstances shall the liability of Us exceed the Price of the Goods.

Nothing in this Contract shall restrict or exclude liability for death or personal injury caused by negligence of Us or affects the rights of You where You are dealing as a Consumer.

Contracts (Rights of Third Parties) Act 1999

A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

Force Majeure

We shall not be liable to You or be in breach of these Conditions or the Contract by reason of any delay in performing, or failure to perform any of our obligations if the delay or failure was beyond our reasonable control including but without limitation any strike, lockout or other industrial action, act of God, war or threat of war, accidental or malicious damage, prohibition or restriction by governments or other legal authority.

Where We claim that We are unable to fulfill Our obligations under these Conditions or the Contract (either on time or at all) as a result of these circumstances set out in the above clause We will immediately notify You of the nature and extent of the circumstances in question.

Amendment and Waiver

No variation of these Conditions or the Contract shall be effective unless it is made in writing and is signed by the parties.

No omission or delay upon the part of any party in exercising any right, power or privilege under the Conditions shall operate as a waiver by that party of any right to exercise it in the future.

Agreement

These conditions supersede any prior agreements, understandings and arrangements whether oral or written representations made by parties to it relating to its subject matter.

Law

These Conditions and the Contract shall be governed by and construed in all respects in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.