Lynx UK

LYNX UK LTD STANDARD TERMS & CONDITIONS OF SALES

PRICES, DISCOUNTS AND QUOTATIONS

Upon acceptance by the purchaser (“Customer”) of any quotation, purchase order or shipment

of products or services (“Goods”) provided by Lynx UK Ltd, (“Lynx”) hereunder, Customer shall be bound by the provisions of these Standard Terms & Conditions of Sale (the “Agreement”), whether Customer acknowledges or otherwise signs this Agreement unless Customer objects to such terms in writing prior to such acceptance.

All Lynx prices are exclusive of freight and local taxes.

Quotations expire ten (10) days after the date of the quote, unless otherwise specified in writing by Lynx. Quotations are subject to cancellation at any time prior to Lynx’s written acceptance of Customers purchase order.

PAYMENT TERMS

Unless otherwise agreed to in writing by Lynx, all invoices to Customer shall be paid on a Proforma basis. The Customer must contact its Lynx sales representative for information regarding any Customer-specific payment terms.

Late payment will result in a claim for statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at the prevailing rate of the Bank of England base rate plus 8%, calculated on a daily basis from the date any invoice is due for payment until such times that the debt is paid.

ACCEPTANCE OF ORDERS

Lynx reserves the right to reject all orders prior to its written acceptance. Neither an order acknowledgment nor shipment of the Goods ordered shall constitute acceptance or confirmation of the terms contained on a Customer’s purchase order. By submitting its purchase order Customer expressly agrees that in all cases, the terms and conditions contained in this Agreement shall prevail, unless otherwise agreed by Lynx in writing and signed by its duly authorized employee.

ORDER AMENDMENT

All amendments to a customer Purchase Order must be agreed in writing between the customer and an authorised Lynx representative.

FREIGHT TERMS

The shipment of any Goods purchased hereunder shall be made Ex-Works Lynx’s warehouse. Shipping methods and routing shall be determined by the parties in writing at the time of order acceptance.

CANCELLATION OF ORDERS

Orders that are cancelled by Customer after acceptance by Lynx are subject to a restocking charge of 50%, unless otherwise agreed to in writing by Lynx. Any Customer cancellations or order amendments must be made with Lynx’s written consent.

DELIVERY INFORMATION

Shipping dates indicated by Lynx are estimates based on currently available stock and best efforts and are subject to change upon notification to Customer. Lynx shall not be liable for any failure to perform or delays in the performance of its obligations.

CLAIMS SHIPMENT DAMAGE OR SHORTAGE

Goods damaged in shipment should not be returned to Lynx. All damage and shortage claims should be made by Customer upon receipt of the Goods and filed directly with the carrier handling the shipment. The carrier’s agent should always be requested to make a notation on the freight bill specifying the damage or shortage. Lynx shall make every effort to assist Customer in presenting these claims to the carrier. However, collection of claims is the Customers responsibility.

WARRANTY

Used and Refurbished Goods are supplied with a 90 day warranty unless otherwise specified by Lynx covering defects and material workmanship. Any goods deemed to be defective by the customer shall be returned to Lynx at the customers expense for evaluation. All returned goods require prior authorisation by Lynx and shall be subject to Lynx CRN procedure. Lynx shall at it’s option replace, repair, or refund the purchase price of the Goods if found to be defective.

TITLE & Risk of Loss

All risk of loss of the Goods shall pass to the Customer upon delivery by Lynx to the customers designated carrier.

Title to the goods shall not pass to the customer until such time as all monies due for the purchase of the goods is received into Lynx’ bank account.

SEVERABILITY

If any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

GOVERNING LAWS

All transactions with Lynx shall be governed by the laws England and Wales.