In these terms and conditions “Buyer” means the person, individual, Company or Corporation placing an order and “Seller” means Leyburn Solutions. “Contract” means any quotation contract documentation order or order acknowledgement
These terms and conditions shall prevail over any printed or conflicting terms contained in the Buyers Purchase Order and may be modified or waived only by a written agreement signed by authorised representatives of the Seller.
Any notice required to be given hereunder shall be given by sending the same by first class recorded delivery post, addressed to the party required to be served at the address for such party shown in this Agreement or such other address as he shall have given forty-eight hours after the time of posting and service thereof shall be sufficiently proved by proving that the notice was duly dispatched through the post in a prepaid envelope addressed as aforesaid.
Prices quoted are firm for a period of 30 days from quotation date, subject to the following:
- Errors and omissions being corrected
- Prices do not include VAT
- All services unless explicitly stated in writing are charged on a fixed fee agreed before any work takes place.
- For quotation for data recovery, the price quoted is dependent on the number of errors are the time that the quotation is issued. Should the number of errors increase prior to the data being sent to us, we reserve the right to change the price.
Whilst every reasonable effort will be made to meet any stipulated delivery date delivery will not form part of the contract. In no event shall the Seller be liable for loss of profits injury to goodwill or any special or consequential damage for any delay or non-performance.
- Payment due 28 days from date of invoice
- Overdue accounts will incur a interest of 1.5% per month or part month on the outstanding balance plus statutory late fees to be applied at the Sellers discretion.
Intellectual Property Rights
All development work carried out by the Seller shall remain the Intellectual Property of the Seller unless previously agreed, in writing, with the Buyer.
The Seller undertakes to treat as confidential all information contained or embodied in any computer system or any document made available to it and shall not, disclose the same in whole or in part to any third party without prior written consent of the Buyer.
The Seller shall effect and maintain reasonable security measures to safeguard the information from theft or access by any person other than the employees of the Seller in the normal course of their employment
Notwithstanding any other provision of this Agreement in no event shall the Seller be liable for any indirect or consequential loss of whatever nature howsoever caused including but not limited loss or spoiling of data or materials whether occurring in contract tort negligence or otherwise.
If owing to war act of God civil commotion Government order strikes lock-outs fire accident prohibition of exports or imports or inability to obtain any export or import or other licence shortage of labour materials fuel power or transport or any other cause whatsoever beyond the control of the Seller the Seller is unable to make delivery the Seller may cancel any order so far as it relates to the delivery in question.
This Agreement constitutes the entire Agreement between the Seller and the Buyer as to the subject matter hereof and supersedes all previous communications representations and agreements whether written or oral and the Buyer hereby acknowledges that no reliance is placed on any representation made but not embodied in this agreement.
The parties hereby agree that any agreement between them and constituted on these Terms and Conditions shall be construed in accordance with the laws of England.