a. In these General Conditions of Sale (“these Conditions”) the “Company” means Lighting Supply Co; the “goods” means the goods agreed to be supplied by the Company and shall where required include services; the “Purchaser” means the person, firm or corporation which has agreed to buy the goods.
b. These Conditions shall apply to and form part of every contract of sale entered into between the Company and the Purchaser to the exclusion of any other terms submitted at any time by the Purchaser, and may not be varied without the prior consent in writing of the Company. The Company reserves the right to accept or reject any order received from the Purchaser and to deliver minimum quantities either by value or by reference to the box quantity of the goods in question.
c. Reference to writing or any form of communication between the parties shall include telex, facsimile and communication by electronic means.
a. Quotations submitted by us shall be valid for the period stated, or where no period is stated then for a period of 30 days from the date of issue.
b. To avoid higher prices being applied to any contract, the Purchaser must ensure that the quotation reference number is quoted in all purchase orders made by the Purchaser in response to quotations from the Company or where special price agreements are applicable.
3. Design Disclaimer
a. Lighting designs are carried out for estimation purposes; the Company does not warrant and shall not be liable for the accuracy of any designs.
b. For the avoidance of doubt, the Company is not qualified to determine the structural and electrical appropriateness of their designs and is not responsible and cannot be held liable for any improper engineering, construction, rigging or handling methods or for any improper use of structures or equipment that may be employed to realise the design.
c. It is the responsibility of the Purchaser and not the Company to ensure that the design complies with local fire, health, and safety regulations. In the event that the design is found not to comply, the Company will adjust the design in consultation with the customer to ensure that it does comply with such regulations.
a. The price payable for goods shall include delivery and be exclusive of GST and unless otherwise stated in writing be the price as agreed between the Company and the Purchaser or, if there is no agreement as to price, the Company’s list price ruling at the date of invoice.
b. Any query by the Purchaser relating to an invoice must be made in writing within 30 days of invoice date.
c. Agreed prices are based on quantities intended to be taken by the Purchaser. The Company reserves the right to vary the price if the Purchaser fails to take delivery of such quantities within the agreed delivery period, or if no such period is agreed, within a reasonable time.
d. The Company reserves the right to vary the price of goods to take account of any variations in costs including but not limited to any foreign exchange fluctuation, rates of duties, variations in the cost of wages, materials and other costs of manufacture and distribution, taking effect between quotation and delivery.
a. Unless otherwise agreed in writing, payment in respect of each contract must be made in full by a date which will ensure that payment is received by us not later than the 30th day in which the goods were invoiced.
b. In the event of default in payment by the due date, the Company reserves the right to charge interest on money overdue at 2% above the current base rate of HSBC Bank PLC and to suspend all further deliveries until such payment has been made in full. The Company shall hold the Purchaser liable for all direct costs incurred in collecting any amounts outstanding.
a. All dates for delivery of goods are given in good faith but are approximate only and shall not be of the essence of the contract and shall be calculated from the date of acceptance by the Company of the order of the Purchaser.
b. Where goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more installments or any claim by the Purchaser under these conditions shall not entitle the Purchaser to reject further installments or cancel any further contract.
7. Loss or Damage in Transit
If the Company agrees to deliver the goods, the Company will only consider claims for non-delivery or damage in transit if notice is received in writing by the Company within 7 days of the date of the Advice Note in the case of non-delivery of the whole consignment and within 3 working days of receipt of the goods in the case of damage in transit or partial loss of the goods. The Purchaser will retain any damaged goods and any associated packing for examination by the Company. The Company shall not be liable to the Purchaser for any loss or damage whatsoever if the Purchaser fails to notify the Company in accordance with this clause.
a. If at any time after receipt of an order the Purchaser wishes to make modifications or additions to the order, the Purchaser shall only be permitted to do so after obtaining the authority in writing of the Company and after the Company has agreed in writing to any variation in the price and/or any revised delivery date.
b. Any extra cost or liability incurred by the Company due to a suspension of work, rescheduling of deliveries or change in order quantity resulting from the Purchaser’s instructions or lack of instructions shall be added to the price of the goods and paid accordingly.
9. Return Of Goods
a. Requests for Return of Goods should be made in writing to either, the Company’s head office or [email protected]
b. Goods delivered will not be accepted for return without the prior written consent of the Company and in accordance with the Company’s returns procedure. The Company reserves the right to charge the Purchaser a handling charge which the Company may deduct from any credit allowed unless the reason for any return by the Purchaser is due to any fault or breach of these Conditions on the part of the Company.
c. The Company will not allow credit in respect of returned goods, not in a fully resaleable condition.
d. Any unauthorised goods returned will not be credited and any costs incurred in disposing of them will be borne by the Purchaser.
Unless otherwise agreed or where the Company has notified the Purchaser of special terms as to warranty in respect of specified categories of goods the Company agrees at its option either to refund the cost of or repair or replace goods proved to the Company’s reasonable satisfaction to have failed under proper storage and use within 12 months of delivery by reason of defects due to faulty design (other than any design made, furnished or specified by the Purchaser) materials or workmanship, provided that:
a. The Purchaser shall have followed any instructions issued by the Company in relation to the goods and their storage;
b. In the case of defects which would have been apparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 working days of delivery;
c. In the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date when the defect becomes apparent;
d. Where in a discharge of its obligations under this clause the Company agrees that the Purchaser may undertake any repair work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the commencement of such work.