Terms and Condition
Liability on Claims
1.1 All claims against D A Lewis (2010) Limited by the Customer must be fully documented and must be made within five working days of delivery of the product and details of damage shall be endorsed on the consignment note. D A Lewis (2010) Limited reserves the right in its discretion to repair or replace goods or to credit the portion of the price applicable to the goods in respect of any claims accepted.
1.2 The total liability of D A Lewis (2010) Limited for any loss arising from any defect or non-compliance of the goods and services or any other breach by D A Lewis (2010) Limited of its obligations under this agreement will not in any circumstances exceed the price quoted by D A Lewis (2010) Limited.
1.3 D A Lewis (2010) Limited will not be liable for any consequential indirect or special damage or loss of any kind. Nor is D A Lewis (2010) Limited liable for any loss caused by the Customer’s servants, agents or any other persons whatsoever.
1.4 The Customer will indemnify D A Lewis (2010) Limited against any claim by the Customer’s servants, agents or other persons in respect of any loss arising from any defect in or non-compliance of the goods and services or in respect to any other matter whatsoever.
1.5 No warranty, condition or guarantee either express or implied is given by D A Lewis (2010) Limited as to the quality, state or condition of any goods or as to their appearance, content or fitness for any particular purpose.
1.6 If the Customer is a “consumer” under the Consumer Guarantees Act 1993 (“Act”):
1.6.1 the Act will not apply where the Customer acquires or holds itself out as acquiring the goods for the purposes of a business;
1.6.2 subject to clause 1.6.1, nothing in these terms affects any rights a consumer may have under the Act;
1.6.3 D A Lewis (2010) Limited does not undertake that facilities for repair of, and parts for, the goods will be available.
2.1 D A Lewis (2010) Limited is entitled at any time to assign to any other person all or part of any debt owing to D A Lewis (2010) Limited by the Customer. The assignee will be entitled to claim full rights of set-off or counterclaim against the Customer, its charge holders or successors in respect of the debt or part of the debt which is assigned.
Waiver and Forbearance
3.1 All D A Lewis (2010) Limited’s rights will remain in full force despite any delay in enforcement. D A Lewis (2010) Limited will not be deemed to have waived any condition unless such waiver is in writing and signed by a duly authorized officer of D A Lewis (2010) Limited. Any such waiver will apply only to the particular matter in respect of which it is given.