Conditions of Business All contracts between Lamberhurst Engineering Ltd., (thereinafter called “the Company’) and its clients are subject to the following terms and conditions. 1. ADVERTISMENTS ETC no advertising matter, price list or other such document shall form part of the contract. 2. CONTRACT No order shall constitute a binding contract until accepted in writing by the company. 3. DAMAGE IN TRANSIT. ETC. Notwithstanding Condition 14 when delivery is included the Company will repair or replace free of charge goods damaged in the course of loading transit or unloading provided the Company receives written notification of such damage within three days of delivery. The liability of the Company for any damage incurred by a client in the course of any such loading transit or unloading will be limited to such repair or replacement. 4. DELIVERY Although the Company will make every effort to deliver on the date specified (if any) in the contract, failure to so deliver will not constitute a breach of that contract by the Company. Delivery is subject to extension in the case of strikes, combination or lock-out of workmen, fire, delay in delivery, or shortage of raw materials or bought goods, or to any other causes whatsoever beyond the control of the Company. 5. DELIVERY CHARGE the Company may make a reasonable charge if it is prevented from delivering goods, due to the customer’s instructions or if any delay is experienced at the time of delivery. 6. DISTRIBUTORS All contracts entered into with the Company shall be deemed to incorporate all terms and conditions of sale specified in any distributory agreement made between the Company and its distributors. A copy of such terms and conditions will be made available to the client upon request 7. EXTRA COST Should the Company incur extra cost owing to suspension of the works by a client’s instructions or lack of instructions? delays, unusual hours, work for which the Company is not responsible or a state of war or civil strife, such extra cost, as well as the cost incurred by keeping any of the employees of the Company on the site after completion of erection (where the contract provides for erection) shall be added to the contract price, including Value Added Tax where applicable and paid for accordingly. 8. GUARDS No responsibility is accepted by the Company for lack of or unsuitable guarding of machinery. 9. INSURANCE Responsibility for loss or damage to goods after delivery, or buildings in course of erection or contents of buildings in which plant is erected or being erected by the Company owing to fire, theft, flood or accident is that of the Client and he must procure his own insurance at the commencement of delivery’ or erection. The Company accepts no responsibility for damage by fire, injuries or other causes, resulting from any goods it has supplied to, or work carried out for a client. 10.LEGAL CONSTRUCTION All contracts shall in all respects be construed and operate as English Contracts and in conformity with English law and shall be subject to the exclusive jurisdiction of the English Courts 11. CONSEQUENTIAL LOSS the Company its servants and agents shall not be liable for the direct or consequential loss, damage or injury howsoever caused by the goods or their use. 12. MISREPRESENTATION Representatives of the Company are not authorized to make any Statement as to the quality of goods or their fitness for any particular purpose and any such statement shall be deemed to be a Statement of opinion only and shall not form part of the contract between the Company and its client nor raise any liability on the part of the Company under the Misrepresentation Act 1967. 13. INTEREST OVERDUE ACCOUNTS the Company reserve the right to invoke the late payments of Commercial Debts Regulations 2002, interest on overdue accounts at the Bank of England’s prevailing Base Rate + 8% calculated on a daily basis. 14. PASSING OF PROPERTY AND RISK the property in goods ordered shall pass to the Buyer on payment by the Buyer of the contract price. During any period between delivery to the Buyer and the passing of the property in the goods the risk shall be the Buyer’s. 15. PAYMENT & TERMS OF BUSINESS Nett cash monthly unless specifically varied. whole Goods: on or before delivery. 16. PERFORMANCE Any figures given for performance are based upon the experience of the Company and are such as it expects to obtain on test but it will only accept liability for failure to obtain the figures given when it expressly guarantees such figures within specified margins. The client assumes responsibility for the capacity and performance of the goods being sufficient and suitable for his purpose. In the event of the goods being defective or the performance failing to fulfil the terms of any such guarantee, reasonable time and opportunity shall be given to the Company to remedy any defect or to comply with the terms of any such guarantee, in any case the full and extreme liability of the Company for any defect or for any such failure shall be completely discharged by the repayment of any sum paid by the client in respect of such goods, less an allowance for wear and tear. 17. PRICE -VARIATIONS If during the continuance of any contract the costs to the Company of any goods to be supplied or any works to be executed there under is increased as a result of an increase in manufacturer’s price in wages or costs of materials or any other cause beyond the control of the Company then the contract price of such goods or works shall be increased proportion to the increased costs to the Company, including Value Added Tax where applicable. 18. WARRANTIES The only conditions and warranties acknowledged by the Company are those made expressly in writing by the Company and where applicable contained in sales literature specifically referred to in writing by the Company and prepared by the manufacturers or producers of the product. Save as aforesaid any other express completed or statutory condition or warranty either oral or writing are expressly excluded and form no part of the terms of trading.