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Terms and Conditions – Lynx Model Works


1 General

In accepting any quotation or estimate the following terms and conditions apply:

2 Duration of Quotation

This quotation or estimate will remain open for duration of 30 days unless withdrawn by written notice. Thereafter the quotation is subject to confirmation or adjustment.

3 Basis of Quotation

This quotation has been based on the standard rate of labour, and assumed that the works will be carried out during normal working hours (Monday to Friday 0900-1700 hours.)

Any additional works, which are carried out by Lynx Model Works, are subject to additional charges, which will be calculated on a time & materials basis.

Any pre-owned model or machinery, including but not limited to any form of steam, electric or IC/CI engine powered device, bought from Lynx Model Works is sold by Lynx Model Works and purchased by the customer in strictly “As Seen” condition and no warranty whether express or implied is given by Lynx Model Works.

Any drawings, plans or diagrams or other information provided by the customer or any third party (i.e. not a design drawn or commissioned by Lynx Model Works ) on which the quote is based will be presumed to be accurate. Any variations to the quoted works due to changes or errors in the drawings, plans or diagrams or other information provided by the customer, will be subject to additional agreed charges.

Any variations made to the original specification during the period of the contract, must be agreed by both parties in writing (“Change Control”). Prior to the commencement of additional works required as a result of the variation made to the original specification, a price must be agreed and a purchase order received (which if verbal will be noted on the customer file) for the additional works by Lynx Model Works.

Any necessary disruption to the fabric and fashion of the work, as a result of the contracted works, will remain the sole responsibility of the customer and any delays, which are experienced whilst the engineers are on site (in the case of work carried out at any location other than Lynx Model Works  workshops and offices) and not the fault of Lynx Model Works, will be subject to a standing time and charged at the standard rate.

It is the customer's sole responsibility that any health and safety requirements, site restrictions or regulations are declared to the engineers before commencing any works.

4 Terms of Payment

In the case of commissioned model or project completion build, a deposit of  10% to 20%  dependent upon the extent of work required of the full estimated price is due with order and “stage payments” at agreed build targets will be made. In the case of bespoke machining or assembly work on parts the deposit required is 50% of quote value with order and the remaining 50% will be paid on start of work or by agreement at any other time.  Should a payment not be made then work will cease and title of the goods will revert to Lynx Model Works  in any circumstance. In any case a maximum of 5% of the estimated cost may be held over by agreement of both parties until delivery or collection of the item produced.

Payment in full is due 10 days from the date shown on any invoice. Any queries relating to the invoice must be received by Lynx Model Works , in writing, within 5 days of the date shown on the invoice.

Late payment of accounts will be subject to an additional charge in accordance with the Late Payment of Commercial Debt (Interest) Act 1998. Interest will be calculated using the Barclay's Bank plc base rate + 2% then prevailing.

Materials and equipment installed will remain the property of Lynx Model Works until all invoices are paid in full, when title will pass to the customer.

5    Cancellation of Order and Refunds Policy.

An order may be cancelled and a full refund of any monies given always provided that no work or purchase of specialist materials (e.g. Castings etc) has taken place. Should an order or work project be cancelled by the Client once work has commenced then any refund will take into account that work carried out and its materials used  or purchased on a “Time & Materials “ basis.  Any balance then due will either be refunded to or paid by the client, as necessary.

6 Consequential Loss or Damage.

Without prejudice to the customers statutory rights, Lynx Model Works  will pass to the customer the benefits of any guarantees/warrantees Lynx Model Works  has received in respect of materials supplied by Lynx Model Works , provided nevertheless that:

Lynx Model Works  accepts no responsibility for any drawing, design or specification not prepared by Lynx Model Works

Lynx Model Works 's responsibility to the customer is limited to the fulfillment of the contract in a proper and workmanlike manner and the company shall not be liable for any consequential loss or damage arising out of the execution of the contract,

Lynx Model Works  shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the customer or by Lynx Model Works , its servants or agents at the customer's request before it is handed-over for beneficial use.

The repair or replacement of any faulty work or materials shall only be carried out by Lynx Model Works , its servants or agents: otherwise any Lynx Model Works  warranties as to repair or replacement shall not apply.

Immediately upon collection by the customer or their agent, or delivery by Lynx Model Works , the customers insurance must provide full replacement cover for all equipment, materials and labour costs used in the project by Lynx Model Works , whether the product produced by Lynx Model Works  be used in a public or private place for reward or not. Any uninsured risk remains the customers responsibility.

Liquidated damages will not be accepted on this or any contract.

7 Intellectual Property

Any designs, drawings or methods of installation remain the intellectual property of Lynx Model Works  and may not be utilised by the customer, if Lynx Model Works  are not commissioned to complete the works, unless they receive permission, in writing, by Lynx Model Works  prior to the commencement of the works.

8   Change Control

Any variations to these terms and conditions will only be accepted if agreed by both parties, in writing, before the commencement of any work.

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