These Terms govern all dealings with Langton's concerning its Auctions and Exchange
and are binding on Sellers and Buyers. Langton's recommends that you consider all
the information provided about what Langton's is and how it does business then carefully
read these Terms before dealing with Langton's as a Seller, Buyer or Member to ensure
you understand the basis on which you are dealing with Langton's. If you have any
queries you should contact Langton's to discuss them. These Terms will be updated
from time to time by Langton's and a copy posted to Langton's website. Copies can
be obtained from the website or from Langton's upon request.
means the sale of Goods by Langton's under the hammer by Live Auction or on the
World Wide Web using its website.
means the sale of Goods by Langton's at a fixed price using it website.
means a party buying Goods from Langton's through Langton's wine Auctions and Exchange.
- "Buyer's Premium"
means the amount paid by the Buyer to Langton's on the purchase of wine through
Langton's, being a set percentage of 15% (GST inclusive).
means a catalogue prepared by Langton's detailing wine to be sold at Auction and
on the Exchange.
means the amount paid by the Seller to Langton's on the sale of wine through Langton's.
The Commission includes the cost of insuring the Goods whilst they are in Langton's'
possession. No Commission is payable on unsold wine. Please contact Langton's for
- "Confidential Information"
means information that Langton's obtains about Sellers, Buyers and Members including
names, addresses, telephone and fax numbers, email addresses, reserves and dealings
means goods including wine offered for sale by Sellers through Langton's for purchase
means the Goods and Services Tax as defined in clause 13.
means Langtons Pty Ltd (ACN 133 179 656, ABN 13 133 179 656) trading as
Langtons Wine Auctions & Exchange.
means any Goods deposited with Langton's with a view to its sale at Auction; in
particular, the item or items described against any lot number in any Catalogue.
means a party who is a member of Langton's in accordance with clause 4.
- "Hammer Price"
means the price successfully bid for and to be paid by the Buyer for a Lot sold
- "Exchange Price"
means the price per case at which wine is for sale on Langton's Exchange.
- "Purchase or Sale Price"
means the "Hammer Price" or "Exchange Price" plus the "Buyer's Premium".
means the Seller (at Langton's absolute descretion) may place a reserve on goods.
Langton's will assist the seller in setting a reserve. Reserves are confidential
and not published.
means a party selling Goods through Langton's wine Auctions and Exchange.
means any services offered by Langton's to Seller and Buyer including the sale and
purchase of Goods at Auction and on the Exchange.
means these terms and conditions as amended from time to time.
means the Langton's website at www.langtons.com.au as amended from time to time.
Langton's operates a fine wine Auction and Exchange business as detailed on its
website. Langton's sells Goods at Auction and on its Exchange on behalf of Sellers.
Langton's acts as an agent for Sellers. Langton's shall not be responsible for any
default by the Seller or the Buyer. Langton's evaluates Goods based on its experience
and expertise. Langton's may, at its absolute discretion, refuse admission to its
premises, attendance at its Live Auctions, membership on its website, listing on
its Auctions or Exchange, or participation in any sale by any person.
A Member is a party who has joined Langton's Services and paid the appropriate membership
fee set by Langton's. The membership fee is advertised on Langton's website and
varies according to the type of membership the Member chooses.
A Member is entitled to full access to Langton's website; the right to bid and buy
at all Langton's Auctions and Exchange; access to and use of a personalised online
account at My Account; and to receive printed copies by post of Langton's catalogues
if this is the chosen membership.
Members must provide accurate up-to-date information to Langton's. Members have
an account set up with Langton's and are provided with member identification and
password. Members must keep this confidential for security purposes and notify Langton's
immediately of any breach of security or unauthorised use of their member identification
Member rights are personal and cannot be transferred to another party.
A Seller is a party who uses Langton's Services to sell Goods on their behalf for
the payment of the Commission. Langton's can provide a preliminary estimate of the
value of Goods from a list provided by the Seller. Langton's retains the right to
refuse to deal with Goods that it considers inappropriate to sell.
If Langton's agrees to accept Goods for sale they must be delivered by the Seller
to Langton's at least 30 days prior to Auction or sale on the Exchange. Langton's
will issue a receipt for the Goods to the Seller promptly upon their receipt at
Langton's business premises. Langton's will assess the Goods and provide a report
on them to the Seller detailing any faults (if any) detected by Langton's. This
information will be included in the wine's description in the Catalogue.
Placing Goods with Langton's is an irrevocable offer to sell those Goods save that
Goods can be withdrawn from sale (at Langton's sole discretion) at no cost to the
Seller at any time prior to the finalisation of the Catalogue. The Seller (at Langton's
absolute discretion) may place a reserve on Goods. Langton's will assist the Seller
in setting a reserve.
All Goods provided to Langton's are insured as part of the Commission. The Seller
may effect their own insurance and provide details to Langton's or (if arrangements
are made with Langton's) Langton's will take out insurance (at the Seller's cost)
for the Goods.
Goods held by Langton's will be held at the Seller's risk until returned to the
Seller or paid for by the Buyer save that any damage to the Goods caused by Langton's
shall be the responsibility of Langton's and Langton's shall pay the Seller the
Hammer or Exchange Price or (if not sold) the value of the Goods as determined by
Langton's in its sole discretion.
Goods held by Langton's will be held at the Buyer's risk upon payment for the Goods
by the Buyer until forwarded to the Buyer save that any damage to the Goods caused
by Langton's shall be the responsibility of Langton's and Langton's shall pay the
Buyer the Hammer or Exchange Price of the Goods.
Save as set out in this clause and clauses 18 and 19 Langton's shall not be responsible
to Seller or Buyer for any other loss, damage, action, cost or expense in respect
to the Goods.
Prior to bidding at an Auction or buying on the Exchange the Buyer must ensure they
have provided all necessary information to Langton's by completing in full the Join
Today section of Langton's website including payment of the membership fee.
The Buyer hereby warrants to Langton's that he/she is of age (18 or over) and has
the legal capacity and ability to purchase alcoholic beverages. The Buyer further
warrants that he/she can make a legally binding contract with Langton's to purchase
Goods and services.
Langton's will promptly deliver a Tax Invoice for Goods sold at Auction or on the
Exchange to the Buyer. At Auction the Buyer must pay for Goods within 14 days of
the receipt of the Tax Invoice. All Goods purchased by the Buyer on the Exchange
are paid for by designated credit card at the point of sale.
Invoices for the sale of Goods at Auction are to be paid in full by cash or by bank
cheque, direct debit, BPay or designated credit cards. Private cheques are acceptable
but purchases will not be released until cheques have been cleared.
Goods purchased at Auction can be collected from Langton's by the Buyer after payment
of the Purchase or Sale Price and associated costs have been made to Langton's and
funds cleared. All Goods must be taken from Langton's premises by the Buyer within
21 days of the Auction.
If the Buyer does not pay for and or take the Goods purchased within 30 days of
the Auction then Langton's may cancel the sale and re-sell the Goods. All costs
incurred by Langton's in respect to such a re-sale shall be paid by the Buyer.
The Buyer may effect their own insurance and provide details to Langton's or (if
arrangements are made with Langton's) Langton's will take out insurance (at the
Buyer's cost) for the Goods.
Langton's inspects and evaluates all Goods prior to offering them for sale. Langton's
prepares a Catalogue for each Auction detailing the Lots offered at the relevant
Auction. This Catalogue is available in electronic and printed form.
The Catalogue includes a description and details of each Lot. Langton's uses its
own experience to evaluate Lots and uses its best endeavours to ensure that Lots
are accurately assessed, detailed and described.
All Bordeaux listed in a Catalogue are Chateau bottled unless otherwise stated.
Langton's cannot readily ascertain how well Goods have been cellared. Goods are
described as accurately as can be ascertained by Langton's at the time, but Buyers
of older wine must make appropriate allowances for natural variations of ullage
and the condition of corks and labels.
Langton's has made every effort to describe any bottle that is not in excellent
condition. Each Lot is sold by the Seller with all faults and defects (if any) and
with all errors of description and shall be at the Buyer's risk on the fall of the
hammer and neither Langton's nor the Seller shall be accountable for any deficiency,
damage or loss which may arise thereafter. Langton's disclaims any responsibility
for all typographical errors or descriptions of Goods in Catalogues and any other
Next to each Lot in the Catalogue will be a price estimate. This is an estimate
by Langton's of the value of the Lot based upon recent sales. Should a wine in the
sale not have a recent sale's history the price guide will represent Langton's best
estimate of probable realisable value.
All statements in Catalogues, advertisements or brochures prepared by Langton's
are statements of opinion and are not, nor are they to be relied upon, as statements
Sellers must accept Langton's' assessment of the Goods or withdraw the Goods from
sale prior to finalisation of the relevant Catalogue.
Buyers must make their own assessment of any Lot before bidding for it.
- Ownership of Goods
The Seller in providing Goods to Langton's warrants to Langton's and any Buyer of
those Goods that it is the owner of those Goods; it can and will give good title
thereto; and that the Goods are sold free of any encumbrance, mortgage security
If you bid on a Lot you make an irrevocable offer to buy the Lot at the price bid.
Bids received by Langton's will be processed by Langton's. Other than for a Live
Auction the current highest bid for each Lot will be posted on Langton's website.
Bids must be received by the closing time on the closing day of the Auction as notified
in the Catalogue. Bids for a Live Auction must be received two hours before the
commencement of the Live Sale on the day of sale. All time is as specified, being
Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Time (AEDT),
Sydney and Melbourne time.
Langton's has the right, at its absolute discretion, to refuse any bid and to advance
the bidding as it may determine.
Langton's reserves the right to withdraw any Lot from sale or to combine any two
or more lots at any time.
All bids and price estimates are per unit – for example per bottle, barrel, set,
magnum, half bottle etc. All prices are in Australian dollars.
A Lot cannot be divided and the successful bidder must take the Lot as offered.
Langton's (using its AutoBid technology) processes and monitors all bids placed
on its website. It only posts bids to the website when that bid is AUD$1 more than
the next highest bidder. If a Buyer is outbid before the close of the bidding for
a particular Lot then Langton's, using its AutoBid system, notifies the prospective
Buyer(s) by email accordingly and offers the prospective Buyer(s) an opportunity
to make another bid(s).
Langton's AutoBid technology ensures that, regardless of the maximum bid the Buyer
bids on a given Lot, the Buyer pays only AUD$1 more than the next highest bidder.
For example if the Buyer bids $AUD60 and the next highest bid is AUD$40 the Buyer
pays only AUD$41.
For a Live Auction bidding increments are set by the auctioneer. At a Live Auction
the highest bidder acceptable to the auctioneer at the Live Auction, and subject
to any reserve, shall be the Buyer. If any dispute arises as to the last or best
bidder, the Lot in dispute shall be put up again and resold.
A Seller is prohibited from placing bids or arranging to have bids placed on behalf
of the Seller in respect to Goods that it offers for sale. A Seller can bid on any
other Lots (not owned by it) in the Auction.
The final bid or Hammer Price means the price at which a Lot is knocked down to
the Buyer, being the highest bid posted at the close of auction.
The Purchase or Sale Price payable by the Buyer shall be the final bid or Hammer
Price, together with any impost chargeable on the final bid, being the Buyer's Premium
- Commission Bidding
For Live Auctions prospective Buyers are advised to attend the Auction. However,
if so instructed, Langton's will execute bids ("Commission Bids") on behalf of Buyers,
but neither Langton's nor its employees nor agents shall be liable for any neglect
or default in so doing or for failure to do so.
If Langton's has received Commission Bids on a Lot for identical amounts and at
Auction those Commission Bids are the highest bids for that Lot, the Lot shall be
knocked down to the party whose Commission Bid (for the relevant amount) was received
first by Langton's. Langton's does not make a specific charge for handling Commission
Buyer: Payments by Buyers to Langton's must be made within 14 days of the close
of the Auction at which the Lot was auctioned. The invoice value is determined by
multiplying the number of bottles in the Lot by the price per bottle achieved. Langton's
will send the Buyer a tax invoice for the amount – the Purchase or Sale Price (specifically
Hammer Price plus Buyer's Premium) – that the Buyer owes.
If Langton's has to take action to recover monies from a Buyer then the Buyer agrees
to pay all Langton's recovery costs (including legal costs on a full indemnity basis)
Seller: Langton's deducts Commission from the Hammer Price of the Lot sold and remits
the balance of the Hammer Price of the Lot sold to the Seller within 30 days of
the Auction, subject to receiving payment for the Lot in cleared funds from the
On the Exchange
Buyer: Payments to Langton's by Buyers, including Buyer's Premium, are made at the
point of sale by designated credit card.
Seller: Langton's deducts Commission from the Exchange Price and remits the balance
to the Seller on the second Tuesday of every month.
To the extent that the supply of services under this Agreement is a taxable supply
the Purchase or Sale Price shall be increased by an amount equal to any GST (Goods
& Services Tax) that Langton's is liable to pay in respect of those goods or supply.
The Seller or Buyer's obligation to pay GST on the goods or services that are taxable
supplies is subject to Langton's providing a tax invoice for those goods or services.
From the introduction of the GST in Australia on July 1, 2000 Langton's have adjusted
the Seller's Commission and Buyer's Premium to include the new GST of 10%. Langton's
freight, insurance and cellarage charges also attract GST and all prices quoted
are also GST inclusive.
The application of the GST can be summarised as follows:
Trade Seller (GST registered)
GST is included in the Hammer and/or Exchange Price. Commission, Buyer's Premium,
freight & insurance will also attract GST. The Seller must remit the GST component
of the sale of goods to the government and can claim input tax credits on the GST
applicable to our fees.
Trade Sellers need to supply Langton's with their ABN. We will only collect GST
on behalf of the Seller if we are advised at receipt of stock, or notified prior
to the printing of our catalogue. It is the responsibility of the Seller to notify
us of their GST status prior to our catalogue deadlines.
On completion of a sale, Langton's will issue, when relevant, a Tax Invoice to Buyers
of GST-affected lots. The GST collected from these Buyers will be passed on to the
Trade Seller. This should be remitted by the Trade Seller (with a GST return) to
the Australian Taxation Office.
Trade Buyer (GST registered)
The Hammer and/or Exchange Price is inclusive of GST. GST registered Trade Buyers
can claim the GST input credits for all purchases. Commission, Buyer's Premium,
freight & insurance also attract GST. Trade Buyers can claim input credits on the
GST applicable to our fees.
Langton's wine listings cater for GST registered Trade Buyers. GST claimable wines
are specifically noted with a GST icon in our Auction and Exchange listings. Langton's
online search engine (available at Search/Advanced Search on our website) provides
a list of all GST claimable wines on sale at Auction.
GST is not charged on the Purchase or Sale Price. Commission, Buyer's Premium, freight
& insurance do attract GST (inclusive in Langton's charges).
GST is not charged on the Purchase or Sale Price. Commission, Buyer's Premium, freight
& insurance do attract GST (inclusive in Langton's charges).
The expressions 'GST', 'supply', 'taxable supply', and 'tax invoice' have the same
meaning as in A New Tax System (Goods and Services Tax) Act, 1999.
- Pick Up, Delivery and Insurance
Subject to payment, Goods purchased must be picked up by the Buyer from Langton's
as soon as possible after sale. Purchases can be picked up from the city of sale
only during office hours 9am to 5pm Monday to Friday. Langton's must be given 24
hours notice of intent to pick up the Goods. Buyers must advise Langton's of any
delay in collecting the Goods.
Langton's can ship your wine anywhere in Australia for AUD$16.50 (incl. GST) per
carton. We pack in custom-made three-ply cardboard cartons that hold nine litres
per carton. This is the equivalent of 12 bottles, 6 magnums, 6 Para Port or 24 half
bottles per carton. Large format bottles are packed one to a carton. Our shipping
charge includes all packaging materials. Allow up to 21 days from the payment of
your invoice for your wine to be delivered.
During periods of heat we will only hold your shipments on your authorisation.
While every effort will be made to ensure prompt delivery without compromising the
condition of the wine, please be advised that Langton's insurance does not cover heat damage.
International clients need to contact Langton's to make shipping and insurance arrangements.
We can obtain a quote on your behalf from preferred shipping brokers for wine purchases
to be delivered to an overseas address. Alternatively, we can store your wine for
a limited period.
Langton's recommends that you always insure your wine purchases. The benefit of
insuring with Langton's is that we refund any loss or breakage automatically, upon
proof of loss or damage. Please note that heat damage is not covered by our insurance
Insurance can be arranged for wine shipped within Australia at AUD$1.50 per AUD$100
value. Each shipment must be insured to its full value as stated on the invoice.
The minimum charge is AUD$11 (incl. GST).
- Seller Default
If the Seller does not own the Goods and or have clear title to the Goods and/or
provides misleading and deceptive information about the Goods to Langton's then
If the Goods have not been sold, Langton's may withdraw the Goods from sale and
return them to the Seller upon payment by the Seller to Langton's of any and all
reasonable costs of Langton's associated with obtaining and assessing the Goods
for sale and returning them to the Seller.
If the Goods have been sold but not delivered to the Buyer, Langton's shall terminate
the sale contract with the Buyer, refund to the Buyer any monies paid by the Buyer
and return the Goods to the Seller upon payment by the Seller to Langton's of any
and all reasonable costs of Langton's associated with obtaining and assessing the
Goods for sale and returning them to the Seller.
If the Goods have been delivered to Buyer, Langton's shall recover the Goods and
refund to the Buyer any monies paid by the Buyer. The Buyer shall have no claim
upon Langton's in respect to the Goods save for receiving the refund of any monies
paid to Langton's for the Goods.
- Buyer Default
If a Buyer fails either to pay for or to take away any Goods within 30 days of the
close of Auction, Langton's shall, without further notice to the Buyer and at its
absolute discretion, and without prejudice to any other rights or remedies it may
have, be entitled to exercise one or more of the following rights or remedies –
- issue proceedings against the Buyer for the cost of the Goods, interest costs,
expenses and damages for breach of contract;
- rescind the sale of that or any other Lots sold to the Buyer at the same or any
- resell the Lot or cause it to be resold by public or private sale. Any deficiency
in the Purchase Price resulting from such resale (after giving credit for payment)
together with the full costs incurred in connection with the Lot, shall be paid
to Langton's by the Buyer. Any surplus (if any) on the net resale Purchase or Sale
Price over the net Purchase or Sale Price on the original Purchase or Sale Price
shall be paid to the Seller;
- to store the Lot or cause it to be stored, whether at its own premises or elsewhere,
at the sole expense of the Buyer and to release the Lot only after payment in full
of the Purchase or Sale Price, the accrued cost of removal, storage and insurance
and all other costs incurred in connection with the Lot;
- to charge interest on the purchase price at the rate of 2% above the Macquarie
Bank base rate to the extent that it remains unpaid for more than thirty days from
date of sale;
- to retain that or any other Lot sold to the Buyer at the same or any other Auction
and release the same only after payment of the Purchase or Sale Price; and
- to apply any proceeds of sale of any Lot then due or at any time thereafter becoming
due to the Buyer towards settlement of the Purchase or Sale Price and expenses and
Langton's shall be entitled to a lien on any property of the Buyer which is in Langton's'
possession until all monies owing to Langton's by the Buyer have been paid in full.
- Member Default
If Langton's considers that a Member has breached the terms of these Terms, without
further notice to the Member and at its absolute discretion, it may immediately
suspend his/her membership rights including the right to bid at Auctions or buy
from the Exchange.
Subject to the provisions of clause 19, neither Seller nor Langton's, its employees
or agents shall be responsible for the correctness of any statement as to authorship,
origin, date, age, attribution or provenance of any Goods, nor for any other errors
of description or for any faults or defects in any Goods and no warranty whatsoever
is given by the Seller or Langton's, its employees or agents in respect of any Goods.
The only conditions and warranties which are binding on Langton's in respect of
the state, quality or condition of the Goods and Services supplied by it to Seller
and Buyer and/or in respect of advice, recommendation(s), information or services
supplied by Langton's, its employees, servants or agents to the Seller or the Buyer
regarding the Goods and Services, are those imposed and required to be binding by
statute (including the Trade Practices Act 1974) and to the fullest extent permitted
thereby the liability (if any) of Langton's arising from the breach of such conditions
or warranties shall, at Langton's' option, be limited to and completely discharged
in the case of the Goods by either (at Langton's' sole option) the payment by Langton's
of the value of the Goods as determined by Langton's in its sole discretion or the
replacement by Langton's of the Goods and in the case of advice, recommendation(s),
information or services by the supplying by Langton's of the advice, recommendation(s),
information or services again and otherwise all other conditions and warranties
whether express or implied by law in respect of the state, quality or condition
of the said Goods which may apart from this clause be binding on Langton's, are
hereby expressly excluded and negatived.
Except to the extent provided in this Clause 18, Langton's shall have no liability
(including liability in negligence) to any person for any loss or damage consequential
or otherwise howsoever suffered or incurred by any such person in relation to the
Goods and/or advice, recommendation(s), information or services and without limiting
the generality thereof in particular any loss or damage consequential or otherwise
howsoever suffered or incurred by any such person caused by or resulting directly
or indirectly from any failure, defect or deficiency of whatsoever nature or kind
of or in the Goods and/or advice, recommendation(s), information or services and
without limiting the generality thereof in particular any loss or damage consequential
or otherwise howsoever suffered or incurred by any such person caused by or resulting
directly or indirectly from any failure, defect or deficiency of whatsoever nature
or kind of or in the Goods and/or advice, recommendation(s), information or services.
- Langton's Undertaking
If within twenty-eight days of the date of the Auction and at Langton's sole discretion
- Langton's receives notice in writing from the Buyer of any Lot that in his/her
view the Lot was at the time of the sale short or ullaged and that the Lot was not
so described in the Catalogue of sale; and
- Within fourteen days of such notice, Langton's has the Lot in its possession in
the same condition (as determined by Langton's) as at the date of the Auction; and
- Within a reasonable time thereafter, and only on the grounds described in this
Clause 19 at (1) above, the Buyer satisfies Langton's that the Lot was defective
as notified in writing by the Buyer and the Buyer is able to transfer a good and
marketable title to the Lot free from any liens or encumbrances (and the Seller
shall accept any decision by Langton's as final), Langton's, at its sole discretion,
will set aside the sale and refund to the Buyer the amount paid by the Buyer in
respect of the Lot.
- The Buyer shall not be entitled to claim under this condition for more than the
amount paid by him/her for the Lot and in particular shall have no claim for any
loss, consequential loss or damage whether direct or indirect suffered by him/her.
- The benefit of the undertaking provided by Langton's in this Clause 19 is personal
to the Buyer (being the party to whom the Tax Invoice for the Lot was issued by
Langton's) and shall not be assignable.
- In respect of any and all other claims against a Lot, except as described in this
Clause 19 at (1) above, the Buyer undertakes all purchases caveat emptor.
- Langton's Services
All Langton's clients use its services at their own risk. Langton's uses its best
endeavours to ensure the supply of its services are of the highest standard. However
the supply of these services, including any fault of these services, whether the
services are deemed to be in the control of Langton's or a third party acting for
Langton's, are not guaranteed by Langton's.
Langton's, like all online businesses, is dependant on third parties for the guarantee
of its infrastructure and services. Notwithstanding, Langton's will use its best
endeavours to ensure the availability and accuracy of its services including its
website but makes no warranty that continuous access or accuracy can or will be
available at all times.
Likewise Langton's members and the users of its services more generally are dependant
on their chosen third party IT service suppliers (ISP, operating system, computer
hardware etc.) for the quality, effectiveness and fault of their use of Langton's
Consequently, should Langton's services become unavailable or faulty, for whatever
reason, while every effort will be made to rectify the services under Langton's
control and the services controlled by Langton's third party suppliers in a timely
manner, and all due care taken, Langton's takes no responsibility for any losses
or inaccuracy incurred by its members including as a result of being unable to bid
at auction or access our website.
Should a situation arise which prevents any of Langton's members bidding in an auction,
at its sole discretion, Langton's will continue the auction beyond its advertised
closing and close it at a time and date between at least 24 hours and no more than
7 days after the original closing time and date. Should Langton's, at its sole discretion,
decide to postpone the closing time and date of an auction it will notify its customers
by email of such arrangements.
When you trade with Langton's you agree to do so subject to the terms of Langton's
of trading. It is available separately and can be read by clicking Privacy located
on the bottom margin of our website (adjacent to Terms & Conditions).
These Terms and any contract including them shall be governed by the laws of the
State of Victoria.
- All communications shall be by notice in writing and sent to Langton's and the
Seller or Buyer at their addresses, facsimile numbers and email addresses as advised
from time to time. A notice shall be deemed received when the sender hand delivers
it or (if by fax or email) the receiver receives confirmation of receipt and in
any event within 24 hours of sending the notice.
between Langton's and the Seller or the Buyer relating to the Goods and Services
and there are no agreements, understandings, warranties or representations between
the parties other than those contained herein.
- No waiver or failure or delay to act by Langton's in respect to any default on
the part of Buyer or Seller in the performance of these terms and conditions shall
prevent actioning that or any other default by the Seller or Buyer.
- The singular shall include the plural and vice versa, words importing any gender
shall include every other gender, and where there is more than one party comprising
Seller or Buyer, they shall be bound jointly and severally.