|
1.
General
(a) In
these conditions the Company means Nu-Light Systems Limited and the registered
office means the registered office for the time being of the company.
(b) In
these conditions buyer means a company firm or person who places an order with
the company for the supply of goods and/or the supply of services.
2. The
Company's Conditions
(a) These
terms and conditions shall apply to all contracts for the sale and supply of
goods and/or services entered into by the Company to the exclusion of all other
terms and conditions warranties and representations whether express or implied.
No variation or addition to these terms and conditions shall be binding upon
the Company unless expressly accepted by the Company in writing under the hand
of an authorised official of the Company.
(b) Save
as provided herein all representations warranties terms or conditions statutory
or otherwise express or implied herein or in any agreement collateral hereto in
respect of goods supplied or their use or in respect of services rendered are
expressly excluded. Except to the extent contained herein the Company shall not
be liable either in contract or tort for any loss or damage direct or indirect
suffered by the Buyer or by any other person in connection with the use of the
goods.
(c) In
the event of the Buyer not holding himself out as requiring the goods in
respect of business sub-clause (b) hereof does not and will not affect the
statutory rights.
3.
Prices
Although
every endeavour will be made to maintain the prices quoted orders are only
accepted for execution at prices ruling on the date of despatch of goods or
provision of services and when goods are sold or services provided without
quotation they will be charged at the prices ruling at the date of despatch of
goods or the date of provision of services. Prices are quoted at net of
carriage and packing for which the Company reserves the right of making an
additional reasonable charge.
4.
Payments
(a) The
Buyer shall pay the total price of goods or services within 30 days of the date
of invoice.
(b) In
default of payment on the due date specified herein the Company without
prejudice to it's rights hereunder may charge the Buyer interest on the overdue
payment at the rate of 6% over Co-operative Bank plc Base lending rate for the
time being or 18% whichever is the greater such interest to be calculated and
added to the debt monthly.
(c) No
special terms of payments will be operative unless confirmed in writing by a
director of the Company.
(d) The
Company may at it's absolute discretion be entitled to withhold despatch and/or
delivery of goods purchased until all monies owing to it by the buyer shall be
paid in full.
(e)
Without prejudice to any of the provisions of these conditions the Company may
in it's absolute discretion if doubt arises to the Buyers ability or
willingness to settle amounts owing to the Company suspend delivery until
satisfactory security has been given for due performance by the Buyer of the
obligations hereunder.
5.
Deposit
(a) The
Company may in its discretion request that the Buyer shall on the making of any
order pay a deposit. Such deposit will be credited to the Buyer at the time the
Buyer shall make payment for the sale and supply of goods and/or services.
(b)
Should the Buyer fail to fulfil his obligation to the Company under any
agreement for the sale and supply of goods and/or services so that the Company
shall be able to repudiate such agreement then without prejudice to any other
rights or remedies available to it the Company may forfeit and retain any
deposit paid.
6.
Guarantee and Limitation of Liability for Defective Materials, Goods or
Services
(a) The
Buyer shall have the benefit and be subject to such product guarantees as the
Company from time to time provides and the Buyer is deemed to have full
knowledge of the terms of such guarantees copies of which (where applicable to
the goods or services supplied) will be supplied by the Company on request. The
Company reserves the right to provide guarantees on any product from time to
time offered for sale.
(b) Save
as provided by any express guarantee or by any other terms of these conditions
all representations warranties and conditions expressed or implied in respect
of the goods supplied or their use in respect of services supplied are hereby
expressly excluded. This statement shall not prejudice a consumer's statutory
rights.
(c)
Except to the extent contained in any express guarantee or required by statute
the Company shall not be liable either in contract or tort for any loss or
damage suffered by the Buyer or any person in connection with the goods or
their use.
7.
Property Title and Risk in the Goods
(a)
Subject to the sub-clause (b) hereof property in any goods sold and supplied
shall not pass to the Buyer until full payment for the goods has been made to
the Company.
(b)
Between the date of delivery and the date of full payment by the Buyer the
Buyer shall be entitled to sell the goods whether or not incorporated in or
with other goods and to deliver the same to a sub-buyer. Upon such delivery the
property and the goods shall pass to the Buyer unless by operation of law it
has previously passed to him. In selling the goods whether or not the same have
been incorporated in or with other goods the Buyer shall as between himself and
the Company ands shall keep such part of the proceeds as a separate and
identifiable fund in the name of and as the property of the Company.
(c)
Notwithstanding the provisions of sub-clause (a) hereof the Buyer shall from
the date of delivery of any goods bear the risk of loss or damage to the goods.
(d)
Failure on the part of the Buyer to comply with the conditions or terms of
payment shall give the Company the right to withhold or cancel at its option
any undelivered goods or any unperformed service without prejudice to such
other rights as it may have.
8.
Cancellation and Variations
(a) The
Company reserves the right to change specifications as to colour products or
product specifications as conditions warrant but subject to express agreement
between the parties whether oral or in writing in the case of such cases which
the Company deem to be significant.
(b) No
alterations variation or cancellation in any order by the Buyer for goods
and/or services shall be binding on the Company unless and until such details
of alteration or cancellation are given by written notice to the Company's
registered office and accepted in writing by the Company. The Buyer shall pay
the increase in the agreed price attributable to any alteration or variation
and in any event shall indemnify the Company for any loss arising from any
alteration variation or cancellation.
9.
Special Conditions for the Supply of Services
(a) All
prices quoted for the supply of services are subject to the provisions of
clause 3 above in addition to the terms set out hereunder
1) Prices
quoted for fitting are labour only plus materials used.
2) All
prices quoted are exclusive of VAT unless otherwise stipulated
3) All
prices quoted are on estimate which is based on the Company's rates at the date
of quotation.
(b) All
work carried out by the company is to a standard guaranteed by the Company for
a period of 12 months. Such guarantee does not extend to materials or
components used except for those components manufactured by the
Company.
10.
Returned Goods
(a) In
the event of the Buyer returning goods to the Company for any reason whatsoever
the goods shall be returned at the cost and risk of the buyer.
(b) Goods
returned for any reason other than warranty claims will only be accepted at the
sole discretion of the Company and in the event of the Company agreeing to
accept the return of goods an administration charge of 10% of the invoice value
of the returned goods shall be made. In the event of returned goods being found
on receipt by the Company to be damaged or soiled in any way the Company
reserves the right to make such additional charges as it may in its absolute
discretion think fit in respect there of.
11.
Waiver of Conditions
Any
waiver of the aforementioned terms and conditions must be signed by a Director
of the Company. |
