Terms And Conditions

1. GOVERNING CONDITIONS.
These terms and conditions alone shall govern the contract between Buyer and Lamps & Lighting Limited (hereinafter referred to as the Company) and no other terms or conditions which may appear on any document shall be binding on the Company unless expressly agreed, in writing, signed for and on behalf of the Company

2. PRICES
Prices are subject to variation without notice. All items will be invoiced and payment becomes due at the prices prevailing at the time of despatch. V.A.T. is payable and is passed on, and is payable by the customer.

3. VALIDITY
Written quotations will be valid for a period of thirty days from the date of Quotation, then subject to variation unless otherwise stated.

4. DELIVERIES
(a) Any delivery date indicated by the Company shall be construed as an estimate only. In the event of any stoppage of work due to any strike, lockout, trade dispute, breakdown, accident or other cause beyond the reasonable control of the Buyer or Company, and which affects the ability of the Company to make or the Buyer to accept delivery of the Goods, delivery of the goods may be partially or wholly suspended until normal working is resumed or the cause of the stoppage is remedied, and neither party shall be under any liability to the other for any consequence of any delay in delivery through such cause.
(b) Goods are normally delivered free of charge, at the Company’s discretion by either, the Company’s own transport, by Postal Services or by Standard Carrier.

Exceptions to this are when;

(i) The Buyer specifies any other method or speed of delivery, the Company reserves the right to pass on the cost of delivery to the Buyer;
(ii) The total value of the Order does not exceed £250.00 nett of V.A.T and before any discounts are considered, whereupon the Small Order Surcharge is implemented. (See 5. Small Orders)
(iii) The order is for goods specifically listed within the Company’s marketing material as supplied “ex-works”, and the Buyer requests the Company to organise delivery of the goods, whereupon the Company will pass on the cost of delivery to the Buyer.

5. SMALL ORDERS
Individual orders for goods or services with a value of £250.00 or less excluding V.A.T. are liable to a Small Order Surcharge of £15.00 to cover administration, packaging and normal carriage rates. This surcharge is waived for orders above £250.00 nett trade value. The minimum invoice value for a credit sale is £20.00 nett exclusive of V.A.T. and surcharges.

6. SPECIAL ORDERS
The term ‘Special Order’ implies that an additional charge will be made. When products are made specially to Buyers’ requirements, the Company cannot make subsequent alterations or accept cancellation or return without making a charge.

7. INCORRECT GOODS OR LOSS OR DAMAGE IN TRANSIT
The Company shall not be liable for:
(a) Damage to a consignment or any part of a consignment in respect of which the packaging or consignment is noted as damaged on a consignment note or delivery document unless a claim is made in writing within 18 days after the delivery of the consignment;
(b) Damage to, or loss from a consignment or any part of a consignment of which the packaging or consignment is not noted as damaged upon a consignment note or delivery document unless the Company are advised thereof by telephone or facsimile by 3 p.m. on the next working day after the delivery of the consignment and a claim is made in writing within 4 days after delivery of the consignment;
(c) Loss of non-delivery of the whole of a consignment or any parcel or package forming part of a consignment unless the Company are advised of the loss or non-delivery in writing otherwise than upon a consignment note or delivery document within 21 days and the claim is made in writing 30 days after the commencement of transit. Goods damaged or lost in transit will be replaced free of charge provided that the Company receives a full written claim within the periods stated. Failure to give such notice shall release the Company of all responsibility in this connection.

8. RETURNS
Under no circumstances are the goods supplied to a Buyer’s written or verbal order to be returned without the Company’s written consent and then a percentage charge will be made to cover all costs of re-handling and administration, expect in the case of proven damaged or faulty goods. Return of goods will only be accepted with the Company’s written consent and providing the following conditions are adhered to:-
(a) Reason to be supplied for return of goods.
(b) Goods are returned in good saleable condition and in original packaging.
(c) Advice Note No. or Invoice No. is supplied.
(d) The Buyer will bear all carriage costs in the return of the goods.
Failure to comply to these conditions will release the Company of any further liability.

9. DESIGN ALTERATION
The equipment and lamps may vary slightly in detail from the illustrations and descriptions as a result of improvements in design or changes in techniques.

10. CONTINUOUS PRODUCT DEVELOPMENT
All our Suppliers and Manufacturers have a policy of continuous product development so that new standards and regulations can be met as they are introduced. For this reason we must reserve the right to alter specifications without notice and products will sometimes be supplied with modifications which do not strictly comply with illustrations or descriptions given.

11. DEFECTIVE GOODS
Provided that notice of any defect in the goods is given to the Company within fourteen days of receipt of the goods by the Buyer, the Company shall replace any goods which are defective in workmanship or materials, or at his option, shall refund the purchase price. Except as may be imposed on the Company by law, the Company shall be under no liability for any damage or loss resulting from the use of the goods whether defective or otherwise, nor for any consequantial damages, nor for any cost incurred by the Buyer in connection with the goods for whatever reason. The Company will not be under any liability for the cost of work carried out by the Buyer to the goods, unless such liability has been previously agreed, in writing, between the Company and the Buyer.

12. CLAIMS
Under no circumstances will any Buyer have any claim against the Company for damages for consequential loss, loss of profits, or indemnity against claim by other parties in respect of non-delivery, delay in delivery or defects in the nature of quality.

13. CREDIT ACCOUNTS
Credit accounts are only offered on the basis of three satisfactory Trade References with one supporting Bank Reference, and in any case after an initial order has been placed and processed by way of Pro-forma Invoice and subsequent satisfactory payment by return. The Company reserves the right to refuse to grant credit without reason or discussion.

14. PAYMENT
Payment is due by no later than the last business day of the month following the month in which the goods were despatched and is strictly nett. Should default in paying any sums due for goods supplied occur by the Buyer, the Company reserves the right to charge interest at 8% per month above the base rate charged by the clearance banks, from the due date of payment, and/or suspend all further deliveries, until default is made good, or to terminate the contract in respect of any undelivered goods.

15. RETENTION OF PROPERTY
The goods shall remain the sole and absolute property of the Company as legal and equitable owner until such times as the intending Buyer shall have paid to the Company the agreed price for goods supplied, together with the full price of any other goods the subject of any other contract with the Company. The Company may for the purpose of recovery of its goods enter upon any premises where they are stored, installed or where they are reasonably thought to be stored or installed and may repossess the same. Until such a time as the intending Buyer becomes the owner of the goods, he will store them on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company and the Buyer shall also be responsible to insure the goods in the normal way. The intended Buyer acknowledges that he is in possession of the goods solely as a fiduciary for the Company until such times as the intending Buyer shall have paid the Company the agreed price. It is a condition that the entire proceeds of sale are held in trust for the Company and shall not be mingled with other monies or paid into any overdrawn Bank account and shall be at all times identifiable as the Company’s monies.

16. FORCE MAJEURE
Every effort will be made to carry out the Contract, but its due performance is subject to cancellation by the Company or such variation as we may find necessary as a result of inability to secure labour, materials or supplies or as a result or any Act of God, War, Strike, Lockout or other labour disputes, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the Company’s control.

17. PRECEDENCE
In the event of the Buyer’s Order containing or being subject to terms and conditions at variance will all or any of the foregoing, the Company’s will prevail.

18. LAW
These conditions and all other expressed terms of contract shall be governed and construed in accordance with the Laws of England.

19. WEEE REGULATIONS
Lamps & Lighting Limited is meeting its producer responsibility via membership of the Lumicom Producer Compliance Scheme. Through this scheme, depolluted luminaires (i.e. those with the lamps, batteries and liquid filled capacitors removed) which are being replaced by our fittings, will be recycled in an environmentally sound manner. The recycling fees are as follows: £0.20 per luminaire & £0.10 per lamp. The recycling fee is not subject to settlement or discount, though the fee is subject to VAT at the current rate.