1. Seller
We are Leading Edge Power t/as Leading Edge Turbines Ltd. Skyrrid Farm, Pontrilas, Herefordshire, HR2 0BW UK. Registered in England & Wales 06984787, VAT GB982413021.
2. Quotations and Order processing
2.1 A quotation by Leading Edge Turbines does not constitute an offer and Leading Edge Turbines may withdraw or revise a quotation at any time before accepting a Buyer’s order.
2.2 Leading Edge Turbines’ acceptance of any oral or written order from the Buyer shall be effective only where such acceptance is in writing
2.3 Our display of products on our website is an invitation to treat and not an offer to sell those goods to you.
2.4 An offer is made when you place the order for your products. However we will not have made a contract with you unless and until we accept your offer (see point 2.5 below).
2.5 We take payment from your card, when we process your order having checked your card details. Goods are subject to availability. If we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the goods. (see 3.1 below).
2.6 If you enter a correct e-mail address we will send you an order acknowledgement e-mail and order update e-mail(s). These are not order confirmation or order acceptance from us.
2.7 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the goods you have ordered are despatched from our warehouse to be delivered to the address you have given us. It does not take place until that stage, even though we may have debited your card (see 2.5 above), or we have sent acknowledging e-mails (see 2.6 above).
2.8 The contract will be formed at the place of dispatch of the goods.
2.9 All orders that you place on the Leading Edge Power website (www.leadingedgepower.com) will be subject to acceptance in accordance with clause 2.5 of these terms and conditions.
3. Price
3.1 The price payable for the Goods, services and delivery is as stated in the quotation given to the Buyer or as listed in Leading Edge Power website.
3.2\unless a deposit has been paid, Leading Edge Turbines may at any time prior to delivery of the Goods revise prices to take account of any increase in its own costs including without limitation the costs of any goods, material, carriage, labour or overheads the increase or imposition of any tax or other levy.
3.3 Unless otherwise specified, import duty is payable by the Buyer.
3.4 Prices are quoted ex-works unless otherwise stated and the Buyer shall pay for all delivery, carriage, insurance and special packaging costs.
4. Payment of Online orders
4.1 Payment may be made by many different methods. Paying online is simple and secure; we accept Master Card and Visa cards. We authorise all credit card orders in 'real-time' and an e-mail will be sent to you acknowledging and detailing your order. We also accept PayPal transactions and these are processed via PayPal.
4.2 Online transactions are processed using the ishop system, which has a long and successful record of processing online credit/debit card transactions safely and securely. Security systems are monitored 24 hours per day, 7 days per week and 365 days per year. The highly publicised "verified by visa", or "3D Secure" authentication system has also been implemented on our website for added security.
ANTI-FRAUD MEASURES- We operate a strict security check procedure, to ensure that your payment card details are being used by only you. This may occasionally delay the dispatch of your items if any of the following are applicable:
Payment cards registered with "verified by visa" or "3D Secure" to help avoid these delays.
4.3 Our shopping basket also provides the facility to place an "Offline Order". If you place an offline order you will be contacted by one of our representatives to arrange payment. This will usually be by bank transfer. In the case of offline orders, goods will only be dispatched once funds have cleared.
4.4 You will be charged the current price for buying goods from our website at the date you place your order. A delivery charge is added at the checkout stage after completion of the address sections. We do our best to make sure that prices and delivery charges are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the goods at the correct price. If we are unable to contact you we will treat the order as cancelled. We will not accept an order if there is a pricing error.
4.5 We reserve the right to change our prices at any time and without notice.
4.6 For non-account Buyers payment is required in cleared funds before despatch. For account Buyers payment of invoices shall be made in full within 30 days of invoice unless otherwise agreed and confirmed in writing by Leading Edge Turbines. Time shall be of the essence of payment.
4.7 Interest is payable at 3 per cent over the Lloyds Bank plc base rated from time to time from the due date for payment until receipt by Leading Edge Turbines of the full amount (including any accrued interest) whether before or after judgment.
4.8 Leading Edge Turbines may require full or partial payment of the price prior to delivery or the provision of security by the Buyer in a form acceptable to Leading Edge Turbines.
4.9 Leading Edge Turbines reserve the right to recover any costs/legal costs incurred as a result of legal action in chasing late payments.
4.10 The Buyer is solely responsible for ensuring that payment is made to Leading Edge Turbines’s correct bank account. For payment diversion fraud avoidance purposes, Leading Edge Turbines will never initiate bank account payment method changes via telephone or updated bank information on invoices. In the event Leading Edge Turbines need to change its payee bank account information or payment method, then Leading Edge Turbines will send the Buyer a specific bank account change notification letter via post or email from a known email account. Upon receipt of such letter and prior to changing bank account information or payment method, the Buyer must contact Leading Edge Turbines’s representative, via valid/established contact channels, to positively confirm and validate the account change request. At all times, the Buyer is responsible for ensuring that payment is made to Leading Edge Turbines’s correct bank account and the Buyer accepts responsibility for misdirected funds.
4.11 Leading Edge Turbines reserve the right to charge a 15% re-stocking fee for any goods returned, to cover handling charges and any remedial work required to make the product good for re-sale.
4.12 Invoices will be sent via email as a PDF file. Printed copies are available on request.
5. Delivery
5.1 Most goods are delivered by courier, although very small items may be sent via Royal Mail. You will be given an expected date of delivery and can also choose to cancel the order. Orders may be dispatched directly from the manufacturer or an alternative supplier.
5.2 Unless otherwise agreed, deliveries are between 08:00 Mondays to 20:00 Fridays. Saturday delivery is sometimes available for an additional fee.
5.3 A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person to whom the order is addressed. It is your responsibility to check that you have received the correct number of packages - we accept no responsibility where items have been signed for incorrectly or without being checked. We are willing to accept alternative delivery instructions (i.e. Leave in Garage; or Leave with Neighbour etc.), but any such instruction is made entirely at the customers own risk and we cannot be held responsible for missing items etc.
5.4 Our delivery charges vary from product to product as they vary substantially in size & weight and may sometimes be supplied direct from a number of different manufacturers. You can always find the delivery charge for the items you intend to order within the shopping basket (accessed by clicking the CHECKOUT button) before you finalise the order and process payment. If there is an error in the carriage charge issued, you will be contacted before the goods have been dispatched and before any payment has been processed.
6. General
6.1 Certain goods may be subject to age restrictions as indicated on the relevant web page. By placing your order for any of these goods, you confirm that you have reached the required age.
6.2 Measurements may be approximate; customers should refer to the relevant detailed web pages for confirmation of any specifications.
6.3 The reproduction of colours is as accurate as the photographic and production process will allow. Manufactures may make changes to colours and/or design of an item without notice in which case the current version would be supplied, unless there was also a significant change to the specification i.e. power, size etc of the item concerned; in this instance, we would contact you to confirm acceptability.
6.4 All matters concerning and incidental to any offer or agreement for the purchase and sale of goods from our website shall be in English and construed and governed according to English law and the English courts shall have jurisdiction in all such matters.
6.5 Leading Edge Turbines Ltd provides warranty for the Leading Edge wind turbines and the Leading Edge Off-grid Systems its supplies. The company warrants that the goods supplied will correspond with the specification current at the time of dispatch and are dispatched free from defects in material and/or workmanship. Non-Leading Edge Turbine items supplied have a minimum of 12 month manufacturers' warranty. Please ensure you retain your order details and/or pdf invoice as proof of purchase.
6.6 Except where otherwise prohibited by law, the maximum liability of Leading Edge Turbines Ltd in any circumstances is to refund the invoice price or replace the goods as its option.
7. Property and Risk
7.1 Risk in the Goods passes on delivery.
7.2 Any property of the Buyer in Leading Edge Turbines’ possession or under its control and all property supplied to Leading Edge Turbines by or on behalf of the Buyer is held at the Buyer’s risk.
7.3 Notwithstanding delivery and passing of risk, the Goods remain the property of Leading Edge Turbines until the Buyer pays to Leading Edge Turbines the agreed price for the Goods.
8. Liability
8.1 Leading Edge Turbines is not liable to the Buyer
(a) for non-delivery unless the Buyer notifies Leading Edge Turbines within seven days from the date of Leading Edge Turbines’ invoice
(b) for incorrect quantities unless the Buyer notifies Leading Edge Turbines of a claim within 14 days of receipt of the Goods
(c) for damages or loss of the Goods during carriage by a carrier on behalf of Leading Edge Turbines unless the Buyer notifies Leading Edge Turbines of a claim within 14 days of receipt of the Goods or the scheduled date of delivery, whichever is the earlier
(d) for defects in the Goods caused by fair wear and tear, abnormal or unsuitable conditions of storage or use or any act, neglect or default of the Buyer
(e) for any costs incurred or losses suffered as a result of incorrect installation of the Goods by the Buyer
8.2 If liability is accepted by Leading Edge Turbines under condition 8.1 Leading Edge Turbines will
(a) to make good any shortage or non-delivery
(b) to replace or repair any Goods found to be damaged or defective
(c) to refund to the Buyer the amount paid by the Buyer for the Goods which are the subject of a claim under condition 8.1
8.3 Leading Edge Turbines is not liable for any loss, damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Leading Edge Turbines’ prior written approval .
9. Specifications
9.1 Unless expressly agreed otherwise in writing by Leading Edge Turbines, all drawings, diagrams, designs, specifications and particulars submitted by Leading Edge Turbines are approximate only and Leading Edge Turbines is not liable for any deviation from them.
10. Liability
10.1 To the extent that any Contract contains any element of design Leading Edge Turbines agree to use reasonable skill and care.
10.2 Leading Edge Turbines is not liable to the Buyer
(a) for non-delivery unless the Buyer notifies Leading Edge Turbines within seven days from the date of Leading Edge Turbines’ invoice
(b) for incorrect quantities unless the Buyer notifies Leading Edge Turbines of a claim within 14 days of receipt of the Goods
(c) for damages or loss of the Goods during carriage by Leading Edge Turbines’ own transport or by a carrier on behalf of Leading Edge Turbines unless the Buyer notifies Leading Edge Turbines of a claim within 14 days of receipt of the Goods or the scheduled date of delivery, whichever is the earlier
(d) for defects in the Goods caused by fair wear and tear, abnormal or unsuitable conditions of storage or use or any act, neglect or default of the Buyer
(e) for other defects in the Goods
(f) on supply only contracts, for any costs incurred or losses suffered as a result of incorrect installation of the Goods by the Buyer
10.3 If liability is accepted by Leading Edge Turbines under condition 10.1 or 10.2 Leading Edge Turbines’ only obligation is at its option
(a) to make good any shortage or non-delivery
(b) to replace or repair any Goods found to be damaged or defective
(c) to refund to the Buyer the amount paid by the Buyer for the Goods which are the subject of a claim under condition 9.1
10.4 Leading Edge Turbines is not liable for any loss, damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Leading Edge Turbines’ prior written approval . The Buyer shall indemnify Leading Edge Turbines against each loss, liability, and cost arising out of such claims.
10.5 Leading Edge Turbines’ aggregate liability to the Buyer, whether for negligence, breach of contract, misrepresentation or otherwise, shall in no circumstances exceed the purchase price of the Goods as determined by the net price invoiced to the Buyer in respect of any occurrence or series of occurrences
10.6 Subject to this condition 10
(a) all terms and conditions, warranties and representations expressed or implied by statute common law or otherwise in relation to the Goods are excluded
(b) Leading Edge Turbines will pass on to the Buyer the benefit of any warranty given by the manufacturer of the Goods
(c) Leading Edge Turbines is not liable to the Buyer for any loss, damage or injury, direct or indirect, resulting from defects in design, materials or workmanship or otherwise caused howsoever arising (and whether or not caused by the negligence of Leading Edge Turbines, its employees or agents).
(d) Leading Edge Turbines is not liable for any indirect or consequential loss or expenses suffered by the Buyer, howsoever caused, and including, without limitation, loss of anticipated profits, goodwill reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
9.7 Leading Edge Turbines’ prices are determined on the basis of the limits of liability set out in this condition. The Buyer may by written notice to Leading Edge Turbines request Leading Edge Turbines to agree a higher limit of liability provided insurance cover can be obtained for such higher limit. Leading Edge Turbines shall effect insurance up to such limit and the Buyer shall pay on demand the amount of the premiums. The Buyer shall disclose such information as the insurers shall require and in no case shall the Buyer be entitled to recover from Leading Edge Turbines more than the amount received from the insurers.
11. Packaging
11.1 The Buyer shall meet the cost of any special packaging which it may request or which may be necessitated other than by Leading Edge Turbines’ normal means of delivery. The Buyer shall, unless otherwise agreed, be solely responsible for the disposal of all packaging in accordance with all regulations, whether statutory or otherwise, relating to protection of the environment.
12. Governing Law
12.1 These conditions and any Contract made under them shall be governed by and construed in accordance with English law and the courts of England shall have non-exclusive jurisdiction.
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