Loudclothing.com Limited trading as Loud Distribution, trading from 11 Waterside Road, Hamilton, Leicester LE5 1TL. Co Reg No: 06854812. Our registered office is 27 Wrights Lane, London, W8 5SW.
COPYRIGHT
This site and all its contents including design, images, files, the selection and arrangement thereof are the property of and Copyright © 2005-2010 Loudclothing.com Limited. All rights reserved. No part may be reproduced or distributed in any form without the express written permission of Loudclothing.com Limited.
GENERAL
By accessing, browsing and/or using this site, you acknowledge that you have read, understood, and agreed to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this site. Loudclothing.com Limited makes no representation that this site or its contents are appropriate or available for use in any locations outside the United Kingdom. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
LOUDCLOTHING.COM LTD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF ACCURACY, TIMELINESS OR COMPLETENESS OF THIS SITE OR ITS CONTENTS.
Loudclothing.com Limited, its directors, employees, agents or representatives will not be liable for damages (including, without limitation, any compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties) arising out of or related to, and the use of, this site or its contents. This site, our products and services are governed by English law.
DISCLAIMER
Whilst every effort is made to ensure accuracy in the content of this website, Loudclothing.com Limited are not responsible for any typographical errors, inaccuracies or omissions. The information, prices and terms presented on this site are subject to change without prior notice. Not all products are available at all times.
This site is owned and operated by Loudclothing.com Limited. No material from this site or any Web site owned, operated, licensed or controlled by the Loudclothing.com Limited may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the materials for any other proprietary right. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. You may not modify the material in any way, without the prior written consent of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.
TERMS AND CONDITIONS OF SALE
TERMS
a) Payment terms as stated by Loudclothing.com Limited.
b) An order once placed cannot be cancelled except by mutual agreement and then only on terms which fully indemnify the Seller.
DELIVERY
The Seller shall not be responsible for any failure to fulfil any term of this agreement if fulfilment has been delayed, hindered or prevented by any circumstance whatsoever, which is not within the control of the Seller, or by shortage of supplies required, or in connection with the manufacture of the goods, or by compliance with any order or request of any nation, port or any other person to deliver at that time. Therefore the Seller shall be at liberty to withhold, suspend or reduce deliveries to such an extent, as the Seller in its discretion may think fit.
GUARANTEE
The Seller hereby guarantees that the goods shall be of merchantable quality at the time of sale. The Seller will replace all goods delivered and found not to be of merchantable quality at the time of delivery free of cost to the Buyer. All warranties implied by statue or otherwise are hereby excluded.
PRICE VARIATION
The Seller reserves the right by written notice at any time before despatch to vary the price of the goods to take account of any increase in the cost of raw materials, manufacture, packaging, transport or wages. Whilst every effort is made to keep to a contracted price, fluctuations in exchange control rates make it impossible to guarantee forward prices.
PASSING OF RISK
The property and risk will remain with the Seller until goods are presented for delivery on the carrier’s vehicle at the Buyers works. Goods collected at the Seller’s premises will become the property and risk of the Buyer when loaded in the Buyer’s vehicle or vehicle of his carrier or other agent.
PASSING OF TITLE
Until full payment has been made of all sums outstanding from the Buyer to the Seller (including debts arising before the contract):
a) The property of the goods shall remain with the Seller,
b) The Seller shall have the full legal and beneficial ownership in any new product into which the goods are converted,
c) The Buyer shall keep and store the goods and any new product in such a manner that they can be identified as being the property of the Seller,
d) The Buyer shall be at liberty to sell the goods (or any new product described in b) above) in the ordinary course of business,
e) The benefit of any sale and the proceeds of any sales shall be the property of the Seller and held in trust for the Seller absolutely,
f) The Seller may by written notice terminate the Buyer’s power of sale at any time if the Buyer does or threatens to go into receivership or liquidation and
g) At any time after the termination of the power of sale, the Seller may repossess the goods.
The Buyer hereby grants to the Seller an irrevocable license to enter upon any premises of the Buyers for the purpose of doing so.
FORCE MAJEURE
Should the Seller be delayed in or prevented from making deliveries owing to an Act of God, civil disturbance, requisitioning governmental or parliamentary restrictions, prohibitions or enactment of any kind, import or export regulations, strike, lock-outs, trade dispute, difficulty in obtaining workmen or materials, breakdown of machinery, fire, accident or other cause whatsoever beyond the Seller’s control, the Seller shall be at liberty to cancel or suspend the contract without incurring any liability to any loss or damage resulting therefrom.
DAMAGES
The Seller’s liability for damages under this order shall in no case exceed the purchase price of the goods claimed to be defective or to have caused damage. If goods supplied by the Seller fail to conform to the express terms of the order, the Seller shall have the option of bringing the goods into conformity with the order requirement or of taking them back and refunding the price. No claim shall be considered unless the Buyer gives the Seller written notice within 5 days. Goods shall not be returned to the Seller without the Seller’s written permission.
GOVERNMENT CHARGES
The Buyer will reimburse the Seller for any increase in any tax or government charge or for any new tax or government charge hereafter becoming effective, which the Seller may be required to pay to any government upon the sale, production or transport of goods and which has the effect of increasing the cost of goods sold hereunder.
VARIATIONS
Although every effort is made in the manufacture of the goods to standardise production variations in goods specifications will not be acceptable as reasons for dishonouring the contract.
ARBITRATION
The construction performance of this order shall be governed by the Law of England and all disputes, which arise out of or in connection with this order, shall be submitted to the London Court of Arbitration.
NOTICE OF NON DELIVERY OR DAMAGES
Signatures given for goods damaged or short delivered must be qualified by a remark to that effect. No claims for damage or shortage can be entertained unless notified to the Seller within 48 hours and confirmed in writing within 5 days. Claims for non-delivery must be notified to the Seller in writing within 21 days of the invoice date.
CONSEQUENTIAL LOSS
The Seller shall not be responsible for any consequential loss howsoever arising. All recommendations and advice given by the Seller or its servants to the Buyer or its servants or agents as to the mode of storing, applying or using the goods are given without liability on the part of the Seller or its servants or its agents.
ERRORS AND OMISSIONS
The Buyer cannot hold errors and omissions on invoices as binding at any time whether or not the trading relationship of the Seller and Buyer is still in existence.
