All of our prices are exclusive of transportation and shipping costs.
Packing in new cardboard cartons is included for export shipments. This does not include special packing or crating as may be specified or required by you which shall be charged separately and added to your account.
For all orders a deposit of 100% of the quoted price is required to be paid in order to confirm the order and start production.
For custom orders (as defined in E. below), no cancellation will be accepted once the order has been confirmed. If an order is cancelled after it has been confirmed the deposit will not be refunded.
Changes or cancellations of orders of standard collection items require our prior written approval but in any case will not be accepted after 10 working days of confirming the order. We will not accept the return of any product without our prior written approval. Shipping of approved returns must be paid for by customer. We will not accept the return of any product that has been installed, altered or damaged in any way.
Orders must be paid in full prior to shipping, including any shipping, handling, special crating and packing, storage, taxes and service charges.
Unless otherwise stated on the quotation/invoice, you are responsible for the payment of any governmental taxes that may be directly or indirectly applied to the sale or shipment of the order. Where these must be paid in advance they will be added to your account.
All accounts must be paid when invoiced. For accounts not paid and shipped within sixty (60) days of the date of invoice for the final balance, a service charge of 1.5% per month, and, if the goods remain with us, a storage fee calculated in accordance with paragraph C below, will be added to the account until such time as the payment is made and the order shipped.
If you are ordering custom made goods please also refer to the section entitled CUSTOM ORDERS below.
B. OWNERSHIP AND RISK
For orders that have been paid in full as required by these terms of sale, ownership in the goods, as well as risk of loss or damage, will transfer to you when the goods are delivered to the shipping agent.
For orders that have not been paid in full as required by these terms of sale, ownership in the goods will remain with us until all outstanding accounts have been paid.
If, for whatever reason, the goods are shipped prior to the payment of all outstanding accounts, risk of loss or damage will transfer to you when the goods are delivered to the shipping agent in Thailand, but ownership in the goods will remain with us until all outstanding accounts have been paid.
If accounts remain unpaid we have the right to pursue the remedies as set out in paragraph G (LEGAL) of these terms and conditions of sale.
C. STORAGE, SHIPPING AND RECEIVING
A monthly storage fee of 10% of the value of the merchandise must be paid for goods that are not released for shipping within 21 days of production completion. The storage fee must be paid in full together with all other outstanding amounts before the order will be released to your shipping agent.
We can arrange shipping of orders either by your preferred shipping agent, or by one of the shipping agents we have worked with and found to be reliable.
We are not responsible for the performance of any shipping agent whether referred by us, or independently selected by you.
If you choose to manage your own shipping you must notify us in good time of all of the details and movements.
Prices are exclusive of transportation and shipping. Charges for transportation and shipping are proforma and will be included on the invoice for the final balance.
Products are inspected by us prior to release to the shipping agent to ensure that your order is in good condition, complete and ready for shipment.
The shipping agent is responsible for a complete inspection of the boxed or crated products prior to shipping. Any damage to the boxes/crates must be noted on the Bill of Lading and damaged boxes/crates must be opened to check the product inside.
Upon signing the Bill of Lading, the shipping agent accepts responsibility for delivering the products in the condition in which they were received.
We do not take any responsibility for damage to goods occurring in transit and any claims for such damage must be made directly with the shipper or shipping agent within 72 hour of receipt of the shipment.
When you receive the shipment inspect the cartons and crates carefully. If there is any visible damage to the packaging or crating take photos and note it on the Bill of Lading.
Cartons and crates should be unpacked by you or in your presence. Inspect all merchandise carefully, and retain the original packaging until you are satisfied with the delivery.
Notify us within 5 working days of any concealed damage that is found. Take photos of the damage and keep the packaging and the Bill of Lading.
All damage claims should be reported in writing with photographs to the manager at the ALEXANDER LAMONT showroom of purchase or directly to the sales representative who dealt with your order at ALEXANDER LAMONT.
D. WARRANTY AND DISCLAIMER
Except as specified herein, we warrant that any goods sold hereunder will be free from defects in workmanship and materials for one (1) year.
This warranty does not apply to damage or breakage resulting from misuse, accidents, abuse, neglect, mishandling or wear resulting from normal use.
We will fund the cost of repair of defective products. Where repair is not possible we will replace the defective products within the normal production time period required to reorder and manufacture the same product.
Our finishes are applied by hand and may vary in color, tone and character. While we will make every effort to match a finish, no guarantee can be made of an exact match.
We do not guarantee finishes against fading and oxidizing. Variations in color and veining are inherent in stone, metal and wood and considered to be part of the natural beauty. Bronze patination is applied by hand and may vary in colour, tone and depth.
Furniture, lighting and accessories are handmade, and therefore are subject to slight variations.
Where products are made using customer-provided materials including but not limited to upholstery fabrics and wall panel substrates we take no responsibility for the quality of those materials upon arrival in our workshops and we do not guarantee their durability or suitability for the ordered products.
Our Le Mur wall panels are supplied with specific Product Handling and Installation Instructions. We recommend that our wall panels are installed by a professional wall panel installer and we do not accept any liability whatsoever for any installation of our Le Mur wall panels that does not follow our Product Handling and Installation Instructions.
All of our drawings, descriptions, weights, dimensions and illustrations contained in our catalogues, tear sheets, order forms, websites, advertisements or other sales documentation are close approximations only and intended to give a general description of the goods and do not form part of this agreement.
E. CUSTOM ORDERS
Custom orders are orders for products that we make to designs and specifications that are not our own.
100% deposit must be paid with the confirmation of a custom order in order to commence production.
Custom orders are not cancellable once the order has been confirmed. If a custom order is cancelled after it has been confirmed the deposit paid will not be refundable.
The designs and specifications for a custom order will be settled on through a consultation process and exchange of drawings and ideas. To aid in this process samples of our materials and finishes can be purchased at a price of USD 30 each for 4” x 6” samples and USD 180 each for 12” x 12” samples.
Once the designs and specifications for a custom order have been settled upon, we must receive final drawings and specifications approved and signed by you. Production lead time begins upon receipt of approved drawings.
We can produce the final technical drawings for your approval and signature at an additional fee of USD 300-500 per item depending on the complexity of the design. The fee for final technical drawings will be refunded to you upon receipt of your final order and payment for the custom item or items.
We do not take any responsibility for design defects or for imprecise or vague specifications, and our responsibility is limited to correcting defects in the product or product prototype that do not comply with the signed and approved final drawings and specifications.
You must pay for any prototypes in full before such prototypes can be put into production. If you make changes to the prototype specifications and such changes require remodeling (which for the avoidance of doubt includes remodeling master, making new mold, recasting, or refinishing) such changes will be considered as a second prototype, and you must pay for such second prototype before we will put it into production.
We acknowledge that any drawings, designs, specifications and other written material or images and any material or product samples that you submit to us during the consultation process for settling on the final designs and specifications for your custom order, and all prototypes made based on your designs and specifications (Customer Materials), shall at all times remain your property and we undertake not to disclose to any third party, use, copy or otherwise infringe or appropriate the Customer Materials, EXCEPT THAT we may disclose the Consultation Materials on a strictly need to know basis to a third party supplier for the purposes of making the custom order.
You acknowledge that any drawings, designs, specifications, images and any material or product samples that we provide during the consultation process for settling on the final designs and specifications for your custom order, and all prototypes made based on our designs and specifications (Seller Materials), shall at all times remain our property and you undertake not to disclose to any third party, use, copy or otherwise infringe or appropriate the Seller Materials.
You agree to defend, indemnify, protect, and hold harmless ALEXANDER LAMONT LIMITED, its customers, affiliates, employees, agents, servants, and representatives from and against any and all claims, damages, losses, liabilities, and expenses, including reasonable attorney’s fees and costs, of whatever nature, resulting from a claim or allegation that the use, manufacture, handling, marketing or sale of a custom product or prototype made for you from a design, drawing, specification or other written material or image or product sample provided by you during the consultation process, infringes or otherwise violates any patent or copyright or intellectual property of any third party.
F. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
You acknowledge that all designs, trademarks, brandnames, images, marketing materials, brochures, product information, pricelists, catalogues, tear sheets, website content and any other written or oral information provided or made available by us (Information) is our exclusive property.
You undertake to keep all Information confidential and not to disclose it whether in writing orally or visually to any third party without our prior written agreement.
You undertake not to copy, distribute, sell, appropriate or infringe any of the Information, without our prior written consent.
You undertake not to analyse any material samples or prototypes provided by us without our prior written consent or otherwise to copy, distribute, sell or give to any third party any such samples or prototypes.
In these terms and conditions of sale, “we”, “our” and “us” refers to ALEXANDER LAMONT LIMITED as well as any of its subsidiaries or affiliates, and “you” and “yours” refers to the customer or buyer.
Acceptance of orders is based on the express condition that you agree to all of the terms and conditions contained herein. Your written confirmation of the order will constitute your assent to these terms and conditions. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon us unless made in writing and signed and approved by one of our authorized representatives. No modification of any of these terms will be affected by the shipment of goods following receipt of your purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
This agreement is deemed to have been executed and delivered at the registered office of ALEXANDER LAMONT LIMITED located at 2nd Floor, Hygeia House, 66 College Road, Harrow, Middlesex HA1 1BE, United Kingdom.
Limitation of liability
We shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the goods, or from any other cause with respect to the goods or this agreement, whether such claim is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory.
Our liability hereunder in any case is expressly limited, at our election, to the repair or replacement (in the form originally ordered) of goods not complying with this agreement, or to crediting you with an amount equal to the purchase price of such goods.
Any claim with reference to the goods sold hereunder for any cause shall be deemed waived by you unless submitted to us in writing within thirty (30) days from the date you discovered, or should have discovered, the claimed breach.
All quoted completion and delivery dates are estimates only. We shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond our reasonable control including, but not limited to, (i) government action, war, riots, civil commotion, embargoes or martial laws, (ii) our inability to obtain necessary materials from its usual sources of supply, (iii) shortage of labor, raw material, production or transportation facilities or other delays in transit, (iv) labor difficulty involving our employees or others, (v) fire, flood or other casualty, or (vi) other contingencies of manufacture or shipment.
In the event of any delay in our performance due in whole or in part to any cause beyond our reasonable control, we shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by you of any goods shall constitute a waiver of any claim for damages on account of any delay in delivery of such goods.
If you fail to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, we may, at our option, cancel any unshipped portion of this order, retain the goods and declare a forfeiture of the deposit as liquidated damages.
In the alternative, and at our discretion, we have the right to appropriate and apply the goods to payment due hereunder.
If we sell the goods, any proceeds of such sale may be applied to the payment of expenses and costs to exercise our rights hereunder, and to payment of the outstanding balance of your account. You will remain liable for the balance of all unpaid accounts.
Waiver by us of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right at any subsequent time.
If any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.
This agreement and all rights and obligations hereunder, including matters of construction, validity and performance shall be governed by the laws of the United Kingdom.
Any dispute arising from or in connection with the interpretation or implementation of these terms and conditions which has not been settled by an amicable arrangement between the parties within 60 days of one party notifying the other in writing of such dispute shall be finally settled by binding arbitration in Singapore under the Rules of Arbitration of the International Chamber of Commerce.