Terms & Conditions

Welcome to the Lamba plc Web site (the "Web site"), operated by Lamba plc Limited, registered under the United Kingdom Companies Acts (company number 1142775, VAT number 225 3197 74) and having its registered office at Lamba plc Limited, The Old Church, 48 Verulam Road, St Albans, Hertfordshire, AL1 1NS ("Lamba plc"). Lamba plc provides this Web site to you subject to the following terms and conditions ("Terms"). Please read the Terms carefully as, if you use the Web site, you are deemed to have accepted them. If you do not agree to the Terms, please leave the Web site.

Trademarks
“Lamba plc” and the KAM logo are trade marks or service marks (whether registered or not), of Lamba plc and its affiliated companies. Nothing in these Terms or on this Web site may be interpreted so as to grant to you, directly or indirectly, the use of a trade mark or service mark reproduced on the Web site, whether belonging to Lamba plc or its affiliated companies or third party suppliers, without the written permission of Lamba plc.

Use of the Web site
Lamba plc authorises you to view and download the information and materials (including but not limited to photographs) from this Web site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Web site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other web site or networked computer environment for any purpose is prohibited. The materials at this Web site are protected by intellectual property rights and any unauthorised use of any materials at this Web site may violate copyright, trade mark, and/or other laws. If you breach any of these Terms, your authorisation to use this Web site automatically terminates and you must immediately destroy any downloaded or printed materials obtained from this Web site. Authorised retailers are exempt from this notice.

Your Privacy
Your personal information and right to privacy is important to us. Please review our privacy policy, which also governs your visit to our Web site, in order to understand our information-handling practices.

Links to Third-Party Web sites
While this Web site may contain links to third party web sites, neither Lamba plc nor any of its affiliated companies shall be responsible or liable for the content of any linked web sites. Lamba plc provides these links as a convenience and does not endorse the companies or contents of any linked web sites. If you decide to access any of the third-party web sites linked to this Web site, you do this entirely at your own risk. You must take your own precautions to ensure that linked web sites and any content made available on them are free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Accuracy
The information published on the Web site is provided as a convenience to visitors and should be used for information purposes only. Both the information, and the products to which it refers, are subject to change without notice. Whilst Lamba plc uses all reasonable efforts to ensure that the information contained on the Web site is current, accurate and complete at the date of publication, no representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information. Neither Lamba plc nor any of its affiliated companies can therefore be held liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on the Web site.

Liability
LAMBA PLC EXCLUDES ANY AND ALL OTHER EXPRESS OR IMPLIED TERMS, CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO THE WEBSITE OR ANY INFORMATION OR SERVICE PROVIDED ON OR THROUGH THE WEBSITE (WHICH ARE PROVIDED TO YOU ON AN "AS IS" BASIS) AND NEITHER LAMBA PLC, NOR ITS AFFILIATED COMPANIES ACCEPT ANY LIABILITY IN THIS REGARD. WITHOUT PREJUDICE TO THE FOREGOING GENERALITY, LAMBA PLC, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE (OR THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF LAMBA PLC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF LAMBA PLC FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION.

Governing Law
These terms and conditions of use shall be governed by the laws of England and are subject to the exclusive jurisdiction of the English Courts.

Web site Policies, Modification and Severability
Lamba plc reserves the right to make changes to the Web site and/or the Terms at any time. If any part of the Terms shall be deemed invalid, void or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any of the remainder of the Terms.

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998) We collect information about you to provide you with the best possible information and service. We will not e-mail you in the future unless you have given us your consent. We will give you the chance to refuse any marketing email from us or from another trader in the future. The type of information we will collect/hold about you includes: your name, your address, your phone number, your email address and your account details

We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us at info@lambaplc.com. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.

We may use technology to track the patterns of behaviour of visitors to our site. This can include using a 'cookie' which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. If you have any questions/comments about privacy, you should email us at info@lambaplc.com.

YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

Trading Terms and Conditions

Definitions

1.1 In these conditions:

“Buyer” means: the person whose order for the provision of goods is received by the seller.

“Goods” means: the goods, which the seller is to provide in accordance with these Conditions.

“Seller” means: Lamba Plc of Unit 1, Southfields Road, Dunstable, Bedfordshire. LU6 3EJ.

“Conditions” means: the standard terms and conditions set out in this document and includes any special terms and conditions agreed in Writing between the Buyer and the Seller.

“Contract” means: the contract for the provision of Goods by the Seller to the Buyer in accordance with these Conditions.

“Writing” means: letter, email, telex, cable, facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be constructed as a reference to that provision as amended, re-enacted or extended at the relevant time.

General

All quotations are made and orders accepted by Lamba Plc (the Company) subject to the following conditions notwithstanding anything, which may be stated to the contrary on customers order forms e.g. currency exchange rates/price increases.

Guarantee

Products supplied are guaranteed against manufacturers defects for a period of one year. Wireless microphones are guaranteed for a period of three years. No responsibility will be attached to the company for negligence or misuse by retailer or consumers acquiring products.

Delivery

A carriage fee will be charged on your account for all orders under £200. A sliding scale often operates for other items. This applies to the UK mainland only. Details on request.

Payment

1.1 Normal terms are 30 days from date of invoice. The company reserves the right to withdraw credit facilities should the Buyer fail to pay within 45 days of invoice date on two separate occasions within a twelve-month period and any future business will be conducted on a Pro-Forma basis only. (I.e. cleared funds before delivery).

1.2 If the Buyer fails to make payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to charge the Buyer interest (both before and after judgement) on the amount unpaid, at the rate of 8% per annum above Lloyds Bank Plc base rate, until payment in full is made. Part months are rounded up to the nearest full month for the purpose of calculating interest.

1.3 All costs incurred by the Seller in recovering the debt of the said Buyer will be added to the Buyer’s account and will also be subject to condition 1.2.

Prices

1.1 It is Company policy to price competitively. Please note that prices are subject to alteration without prior notice. All goods are invoiced at the prices ruling on date of dispatch.

1.2 In the case of goods to be delivered elsewhere than in the United Kingdom the Seller will deliver in accordance with the Buyers instructions in Writing and at the Buyers expense. The Buyer will pay all charges including but not limited to cost of insurance of the goods in transit, shipping, storage, freight and handling charges, local taxes, custom duties and insurance unless otherwise agreed in writing. The Buyer’s orders shall be deemed to include an irrevocable authority for the seller to enter any such contract of insurance or carriage as may be necessary and the Buyer will forthwith reimburse the Seller in respect of any and all expenses thereby incurred. The Seller reserves the right to request such delivery costs in advance of any delivery.

Delivery Shortfalls

Claims for shortages can only be accepted if the claimant notifies Lamba within 48 hours following delivery, and the delivery docket is amended before signing.

Faulty or Damaged Goods

Returns through damage or fault, will not be accepted unless accompanied by our Return Merchandise Authorisation (RMA) reference number obtainable in advance from Lamba plc. This indicates that we have obtained, in advance, from the customer, details of purchase and a precise description of the reason, in order to confirm eligibility of the return. It is the Seller’s responsibility to request an (RMA) on the website and to complete the return request in full. Any unit returned to Lamba without an (RMA) clearly marked on the external package will be refused and returned to the Seller. It is the Seller’s responsibility to return units to Lamba at their cost. Any collections by Lamba will be charged at a rate of £15 plus VAT per item. Please see full returns terms and conditions which are available at www.lambaplc.com

Parts

Parts for all warranty equipment (12 months from date of sale) will be supplied free of charge except where it is clear that the user is at fault. All parts for out-of-warranty equipment will be charged at the price prevailing at date of despatch and be subject to a delivery charge.

Returns

Returns other than through fault or damage, will not be accepted unless accompanied by a Return Merchandise Authorisation (RMA) reference number obtainable in advance from www.lambaplc.com. This indicates that we have obtained, in advance from the customer, details of purchase and a precise description of the reason to confirm eligibility of the return. Returns must be sent back to Lamba plc at the cost of the seller. A re-stocking charge of 15% applies to goods returned for credit, which were correctly supplied and which the Company has accepted for return at it’s discretion. Full terms and conditions are available at www.lambaplc.com

Advance replacements

Advance replacements for faulty out-of-the-box units will be invoiced immediately upon dispatch. On return of the item it will be inspected and if returned as new from out-of-the-box condition the item will be credited back. Units returned in not out-of-the-box new condition will be repaired and then returned, no credit will be issued. There will be a £40 charge for ‘no fault found’ (NFF).

Credit Notes

Credit notes will not be issued unless it is impossible to repair or replace an item.

New Accounts

Business undertaken by the Company prior to receiving satisfactory Bank and Trade References will be on a Pro-Forma and cleared funds basis.

Retention of Title

1.1 Risk of damage to or loss of the goods shall pass to the Buyer:

1.2 In the case of the goods to be collected at the Sellers premises, at the time when the Seller notifies the Buyer in writing that the goods are available for collection; or

1.3 In the case of goods to be delivered otherwise than at the Sellers premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods, the time when the Seller has tendered delivery of the goods.

2.1 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods whether legal or equitable shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full (including any interest or other charges payable pursuant to these conditions) for the goods and all other goods provided by the Seller to the Buyer for which payment is then due.

3.1 Until such time as the property in the goods passes to the Buyer:

3.2 The Seller shall be entitled to give notice in writing to the Buyer at any time to require the Buyer to deliver up the Sellers’s goods to the seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods.

3.3 The Buyer will store the goods on its own premises or elsewhere separately from its own goods or those of any other person and in such a manner so as to make the goods readily identifiable as being supplied by the Seller.

4.1 The Buyer is licensed by the Seller to sell the goods subject to the express condition that such an agreement to sell shall take place as agents, save that the Buyer shall not hold itself out as such, and bailee for the Seller, whether the Buyer sells on his own account or not, and that the entire proceeds of sale are held in trust for the Seller and are not mingled with other moneys or paid into an overdrawn bank account and shall be at all times identifiable as the Seller’s moneys. If the Buyer has not received the proceeds of any such sale by the due date, the Buyer shall within 48 hours of a request by the Seller in writing assign to the Seller all rights to recover such proceeds against the person whom the Buyer supplied.

Headings Headings contained in these conditions are for reference purposes only and shall not be deemed to be any indications of the meaning of the clauses to which they relate.

Jurisdiction The laws of England shall govern the Contract and the Buyer agrees to submit to the English Courts.

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