Terms, Conditions, and General Data Privacy Regulations

LK Powder Coating & Blast LTD

Terms and Conditions

Please read all these terms and conditions carefully.

As we can accept your order and create a legally enforceable agreement without further reference to you, it is essential that you read these terms and conditions to ensure they contain all that you want and nothing that you are unhappy with.

If you are unsure about anything, please call us at 07506 528 054.

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1. GENERAL

1.1. When you enter into a contract with LK Powder Coating & Blast LTD for the supply and/or services, these conditions automatically apply and take precedence over any other terms and conditions attached to your order.

1.2. If you, as the customer, want to waive any of these conditions, it will only be effective if LK Powder Coating & Blast LTD agrees to it in writing.

Such a waiver will only apply to that particular transaction, and all other conditions will remain in full force and effect.

1.3. A contract between you and LK Powder Coating & Blast LTD will only be established when LK Powder Coating & Blast LTD accepts your order in writing.

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2. PRICE AND PAYMENT

2.1. The price for the Goods ("the Price") will be the price stated on the quotation or estimate provided by LK Powder Coating & Blast LTD.

Alternatively, the parties may agree on a different price in writing or orally.

2.2. If the sale involves installation or work carried out at your property, payment must be made within seven days of receiving the invoice.

2.3. If you fail to make payment according to the agreed credit terms, LK Powder Coating & Blast LTD reserves the right to exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation.

2.4. Payment structure: a 30% deposit when the order is confirmed, and the balance must be paid when goods/services are collected/completed. 

2.5. All payments for mobile works or at clients premises are due on the day or upon completion.

2.5. LK Powder Coating & Blast LTD reserves the right to change the payment structure mentioned above if we find that payment terms have not been met or if there is a breakdown in communication or relations with the customer.

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3. QUOTATIONS

3.1. Any quotation provided by LK Powder Coating & Blast LTD is valid for acceptance by the Customer for 30 days from the date of issue. After this date, prices cannot be guaranteed.

3.2. The quoted price includes VAT and costs or charges related to packaging, loading, unloading, carriage, and insurance (if applicable).

These additional costs will be due at the rate in effect on the date of LK Powder Coating & Blast LTD's invoice unless otherwise stated in our quotation.

3.3. The written quotation reflects the final price for the discussed works, including labour, materials, and any additional costs or expenses.

If there are any changes to the scope of the works or unforeseen circumstances arise, a new or revised written quotation will likely be provided.

You have the right to accept or decline the new quotation.

If you decline, all works will stop, and you will be required to pay in full for the works already completed in accordance with the original quotation upon receiving our invoice.

3.4. Unless specifically agreed in writing, no discounts apply to the quotation.

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4. GOODS

4.1. All Goods must meet the specifications provided by the Customer in the order, as accepted by LK Powder Coating & Blast LTD, or as otherwise agreed upon in writing or orally.

4.2. Any order for Goods sent by the Customer to LK Powder Coating & Blast LTD is considered accepted, subject to the conditions stated here.

4.3. Each accepted order for Goods establishes an individual legally binding contract between the parties.

4.4. If the Customer provides designs, patterns, or specifications for the manufacture of Goods, they warrant that using these materials will not infringe on any third party's intellectual property or other rights.

The Customer must indemnify and hold LK Powder Coating & Blast LTD harmless from any loss resulting from any infringement claims made by third parties.

4.4. Wood Blasting Disclaimer

When providing wood blasting services, it is important to understand that the results can vary significantly based on the type and condition of the wood.

For instance:

Soft Woods (e.g., Pine): Due to the inherent softness of these woods, blasting may cause flaking or uneven surfaces.

Hard Woods (e.g., Oak): Even hard woods can present challenges, as blasting may reveal underlying issues such as rot or internal damage.

Blasting will remove the first layer of material, potentially uncovering imperfections or damages that were previously hidden.

Therefore, LK Powder Coating & Blast LTD does not take responsibility for any damage, variation in appearance, or other unforeseen results that may occur during or after the blasting process. Customers acknowledge and accept these risks when requesting wood blasting services.

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5. DELIVERY

5.1. The Customer is considered to have accepted the Goods upon completion of the installation work.

5.2. LK Powder Coating & Blast LTD will not be liable or in breach of the conditions for any delay or failure in installation work due to causes beyond its reasonable control.

5.3. The risk associated with the Goods passes to the Customer upon completion of the installation work unless otherwise agreed in writing.

5.4. If LK Powder Coating & Blast LTD is unable to deliver the Goods due to reasons beyond its control, the company may store the Goods at the Customer's expense until they can be delivered.

5.5. Any order cancellation must be communicated to LK Powder Coating & Blast LTD in writing.

The Customer may be charged for any materials ordered or work already initiated at the time of cancellation.

5.6. While LK Powder Coating & Blast LTD accepts insurance work, it is important to note that the Customer is responsible for paying LK Powder Coating & Blast LTD's invoice, not the insurance company.

LK Powder Coating & Blast LTD does not handle insurance claims directly.

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6. TITLE TO GOODS

6.1. LK Powder Coating & Blast LTD warrants that it has legal ownership of the Goods and will transfer title to the Customer as specified in Clause 5.2.

6.2. Title to the Goods does not transfer to the Customer until LK Powder Coating & Blast LTD has received full payment for the Goods.

However, this does not prevent LK Powder Coating & Blast LTD from taking legal action to recover payment for the Goods.

6.3. Unwanted items removed by LK Powder Coating & Blast LTD from the Customer's property, such as debris or rubbish, do not transfer ownership to LK Powder Coating & Blast LTD.

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7. DAMAGE IN TRANSIT

If the Customer notifies LK Powder Coating & Blast LTD within 24 hours of delivery, and LK Powder Coating & Blast LTD is reasonably satisfied that the Goods were damaged during transportation arranged by LK Powder Coating & Blast LTD, the Customer is entitled to replacement Goods.

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8. GUARANTEE

8.1. If installation work by LK Powder Coating & Blast LTD is found to be defective, LK Powder Coating & Blast LTD will, at its sole discretion, repair or replace the defective Goods free of charge under the following conditions:

8.1.1. The Customer provides notice of the defect within 5 days of becoming aware of it.

8.1.2. The notice is served within 20 days of delivery or within 3 months of the invoice date for the installation work.

8.1.3. The defect is a result of LK Powder Coating & Blast LTD's faulty design, workmanship, or materials.

8.1.4. The Customer has followed LK Powder Coating & Blast LTD's oral or written instructions regarding storage, installation, use, or maintenance of the Goods, or followed good trade practices.

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9. LIMITATION OF LIABILITY

9.1. LK Powder Coating & Blast LTD is not liable to the Customer for any loss, costs, damages, charges, or expenses incurred by the Customer, or for any loss or damage caused by the Goods, except as specified in Clause 5 and subject to Clause 11.

9.2. All other conditions, warranties, or stipulations regarding the Goods, whether express or implied by common law or under statute, are excluded to the fullest extent permitted by law.

This includes any warranties of fitness for purpose, use, quality, or nature of the Goods, whether express or implied by statute or common law.

9.3. LK Powder Coating & Blast LTD's liability under this Agreement, regardless of the cause, shall not exceed the Price unless specified in Clause 12.

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10. DEFAULT BY CUSTOMER

10.1. If the Customer fails to pay the price for the Goods and/or services by the due date, LK Powder Coating & Blast LTD, without prejudice to any other rights, may charge interest at a rate of 5% per month above the base rate on the outstanding amounts.

10.2. If the Customer defaults on its obligations to LK Powder Coating & Blast LTD or breaches any obligations, or if certain events occur (e.g., bankruptcy, insolvency), LK Powder Coating & Blast LTD may cancel the contract, suspend or cancel delivery, or take other appropriate actions, without prejudice to any other rights available to LK Powder Coating & Blast LTD.

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11. GENERAL

11.1. The liability of LK Powder Coating & Blast LTD for breach of the warranties in Clause 6 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 (where applicable) cannot be excluded or limited by these Conditions.

11.2. The liability of LK Powder Coating & Blast LTD for death or personal injury resulting from fraudulent misrepresentation, negligent actions, or those of its employees or agents cannot be limited or excluded by these Conditions.

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12. FORCE MAJEURE

12.1. If circumstances beyond the control of LK Powder Coating & Blast LTD, such as war, hostilities, insurrection, industrial disputes, strikes, lock-outs, riots, explosion, fire, storm, act of God, accidents, unavailability or shortage of materials or labor, interruptions of supply, government orders or requests, or any other factors specified, cause a delay in the contract's performance, LK Powder Coating & Blast LTD has the right to suspend further performance until the cause of the delay is resolved and for a reasonable time thereafter.

12.2. If LK Powder Coating & Blast LTD is prevented from performing the contract due to such circumstances beyond its control, LK Powder Coating & Blast LTD has the right to be discharged from further liability under the contract.

In such cases, the Customer must pay the contract price for all Goods delivered or services performed to date, as well as any expenses incurred or committed by LK Powder Coating & Blast LTD.

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13. INTELLECTUAL PROPERTY

13.1. All designs, patents, trademarks, logos, intellectual property rights, specifications, quotations, drawings, sketches, artwork, molds, patterns, or samples provided to the Customer remain the property of LK Powder Coating & Blast LTD.

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14. DATA PROTECTION

14.1. LK Powder Coating & Blast LTD is committed to ensuring the security and confidentiality of the Customer's information.

14.2. Personal data provided by the Customer will only be used by LK Powder Coating & Blast LTD for purposes related to the contract, including the supply and delivery of Goods and services, invoicing, and fulfilling any obligations under the contract.

14.3. LK Powder Coating & Blast LTD will handle personal data in compliance with applicable data protection laws and regulations.

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15. GOVERNING LAW

15.1. These Terms and Conditions are governed by and construed in accordance with the Scots Law and any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.

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16. SEVERABILITY

16.1. If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, it will not affect the validity or enforceability of the remaining provisions, which will continue in full force and effect.

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By placing an order with LK Powder Coating & Blast LTD, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

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For further information or any queries regarding these Terms and Conditions, please contact us at:

LK Powder Coating & Blast LTD 

Hill Of Goval, Aberdeen (Newmachar), AB21 7NX, UK

+44 7506 528 054

info@lkpowdercoating.co.uk