Terms and Conditions

Last updated: July 2025

1. About Us

These terms and conditions govern your use of the Lifting Material Supplies Ltd website and the supply of goods and services by us. Please read them carefully.

Lifting Material Supplies Ltd (“LMS”, “we”, “us”, “our”) is a company registered in Scotland. Our registered office is Unit 3D, Monklands Industrial Estate, Kirkshaws Road, Coatbridge, ML5 4RP.

For any queries regarding these terms, please contact us at enquiries@liftingmaterialsupplies.co.uk or 01236 432 639.

2. Definitions

In these terms and conditions:

• “Customer” means any individual or organisation purchasing goods or services from LMS
• “Goods” means any lifting equipment, accessories or products supplied by LMS
• “Services” means any inspection, testing, certification, engineering, maintenance, repair or hire services provided by LMS
• “Order” means a purchase order, written instruction or confirmed verbal instruction to supply Goods or Services
• “Contract” means the agreement between LMS and the Customer formed when we accept an Order

3. Orders and Acceptance

3.1 All Orders are subject to acceptance by LMS. We reserve the right to decline any Order without giving a reason.

3.2 A Contract is formed when we confirm acceptance of your Order in writing or begin carrying out the Services requested.

3.3 Quotations provided by LMS are valid for 30 days from the date of issue unless otherwise stated. A quotation does not constitute an offer and may be withdrawn or amended at any time before acceptance.

3.4 Any typographical or clerical errors in quotations, invoices or other documents issued by LMS are subject to correction without liability.

4. Prices and Payment

4.1 All prices are quoted exclusive of VAT unless otherwise stated. VAT will be charged at the applicable rate on the date of invoice.

4.2 Payment terms are strictly 30 days from date of invoice unless agreed otherwise in writing.

4.3 LMS reserves the right to charge interest on overdue invoices at 8% above the Bank of England base rate per annum, calculated daily, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

4.4 LMS also reserves the right to claim compensation for debt recovery costs in accordance with the Late Payment of Commercial Debts Regulations 2002.

4.5 We reserve the right to suspend the supply of Goods or Services where payment is overdue.

4.6 Prices for Goods are subject to change without notice. The price charged will be the price confirmed at the time of Order acceptance.

5. Supply of Goods

5.1 All Goods supplied by LMS are subject to availability. Where items are not available from stock, we will advise estimated lead times.

5.2 Goods remain the property of LMS until payment has been received in full. Risk in the Goods passes to the Customer on delivery or collection.

5.3 The Customer is responsible for ensuring that the Goods ordered are suitable for their intended application. Where in doubt, our team is available to advise on correct specification.

5.4 Any claims for shortages or damage on delivery must be notified to LMS in writing within 48 hours of receipt. Claims made after this period may not be accepted.

5.5 Goods may not be returned without prior written authorisation from LMS. Authorised returns must be in their original, unused condition and suitable for resale. Returns may be subject to a restocking charge.

5.6 Bespoke or special-order items cannot be returned or cancelled once manufacture or procurement has commenced.

6. Supply of Services

6.1 LMS will carry out all Services with reasonable care and skill, using suitably qualified personnel.

6.2 Where inspection, testing or certification services are provided, our reports and certificates are issued in good faith based on the condition of the equipment at the time of examination. LMS accepts no liability for defects that were not reasonably detectable at the time of inspection.

6.3 The Customer is responsible for ensuring that all relevant information, access and equipment is made available to enable LMS to carry out the Services efficiently and safely.

6.4 LMS reserves the right to decline to inspect, test or certify equipment that it considers to be unsafe or unsuitable without liability.

6.5 Turnaround times and completion dates given by LMS are estimates only and do not form part of the Contract unless expressly agreed in writing. LMS will not be liable for delays caused by circumstances beyond our reasonable control.

7. Equipment Hire

7.1 Hire equipment remains the property of LMS at all times. The Customer has no right to sell, sub-let, charge or otherwise dispose of hire equipment.

7.2 The Customer is responsible for the safe keeping and proper use of hire equipment from the point of collection or delivery until its return to LMS.

7.3 Hire equipment must be used only for the purpose for which it is designed and in accordance with its rated capacity and any operating instructions provided.

7.4 The Customer is liable for any loss of, or damage to, hire equipment during the hire period, fair wear and tear excepted.

7.5 Hire charges continue to accrue until equipment is returned to LMS in satisfactory condition. Equipment must be returned clean and in the same condition as supplied.

7.6 LMS reserves the right to charge for any cleaning, repair or replacement required as a result of the Customer’s use of hire equipment.

7.7 The Customer must notify LMS immediately of any accident, incident or damage involving hire equipment.

8. Limitation of Liability

8.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

8.2 Subject to clause 8.1, LMS’s total liability to the Customer in connection with any Contract shall not exceed the value of the Goods or Services supplied under that Contract.

8.3 LMS shall not be liable for any indirect, consequential or special loss, including but not limited to loss of profit, loss of production, loss of business or reputational damage, whether arising in contract, tort or otherwise.

8.4 The Customer is responsible for ensuring that lifting equipment is used safely, by trained and competent personnel, and in accordance with applicable legislation including LOLER 1998 and PUWER 1998. LMS accepts no liability for accidents, injuries or losses arising from the misuse or improper use of equipment supplied or certified by us.

9. Intellectual Property

9.1 All content on the LMS website, including text, images, logos and design, is the property of Lifting Material Supplies Ltd or its licensors and is protected by copyright. You may not reproduce, copy or distribute any content without our prior written consent.

9.2 Any designs, drawings, specifications or documents produced by LMS in connection with bespoke engineering work remain the intellectual property of LMS unless expressly agreed otherwise in writing.

10. Confidentiality

Both parties agree to keep confidential any proprietary or commercially sensitive information disclosed in connection with a Contract and not to disclose it to any third party without prior written consent, except where required by law.

11. Data Protection

LMS processes personal data in accordance with UK GDPR and our Privacy Policy, which is available on our website. By entering into a Contract with us, you acknowledge that we may process personal data relating to your organisation and its personnel for the purposes of fulfilling that Contract.

12. Force Majeure

LMS shall not be in breach of Contract or liable for any delay or failure to perform our obligations where such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, severe weather, industrial disputes, pandemic, or failure of third-party suppliers. We will notify you as soon as reasonably practicable and will endeavour to resume performance as quickly as possible.

13. Governing Law and Jurisdiction

These terms and conditions are governed by the laws of Scotland. Any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the Scottish courts.

14. Changes to These Terms

LMS reserves the right to update these terms and conditions at any time. The current version will always be available on our website. Continued use of our services following any update constitutes acceptance of the revised terms.