All orders are subject to these conditions of sale and the placing of an order by the buyer shall be considered as acceptance of these conditions. These conditions may not be modified or varied unless Eurolighting Ltd. (herein after referred to as the Company) agrees in writing and the Company shall not be deemed to accept such other conditions nor waive any of these conditions by failing to object to provisions contained in any purchase order or other communication from the buyer. No person has authority on behalf of the Company to vary any condition except a Director or the Company Secretary, and then only in writing signed by a Director or the Secretary.
2 VALIDITY OF QUOTATION
The Company reserves the right to refuse the buyer’s acceptance of a quotation unless such a quotation is stated to be open for a specific period and is not withdrawn in such period. No binding contract shall be created by the buyer’s acceptance of Company’s quotation until such notice of acceptance of the offer has been acknowledged in writing and signed by a duly authorised representative of the Company, or the Company has indicated its acceptance of the offer by making delivery or part delivery of the goods. In the event that no quotation is given by the Company and it has received an order from the buyer, all deliveries are made subject to these conditions of sale.
3 NEW ACCOUNTS
Prospective customers wishing to open a credit account are requested to furnish two trade references and one Banker’s reference. Until the opening of a credit account has been confirmed, a remittance should accompany the order, otherwise delivery will not be made until after the references have proved acceptable.
(a) All new accounts shall require payment within 30 days of date of invoice for the first 12 months of trading. Thereafter accounts are payable by the last day of the month following the month of delivery. Any variation to the terms will only be accepted where agreed by the Company and confirmed in writing. Where the Credit Terms are exceeded the Company reserves the right to demand
immediate payment of the account in total. The Company reserves the right to refuse Credit at any time and demand immediate payment of all moneys outstanding. No receipts will be issued against payment made by Cheque unless specifically requested.
The Company, at its discretion, reserves the right to charge interest on accounts outstanding beyond the time specified in this condition. The rate of interest shall be 8% + the prevailing reference rate in accordance with the Government late payment legislation. The Company can exercise this right in addition to any other rights it may have In respect of the goods or non-payment.
(b) Where the contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment for each such instalment, delivery or part, shall be made as if the same constituted a separate contract.
Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of despatch and any price list of the Company whether published or not shall not affect the right of the Company to charge for goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate.
Any contract shall be subject to the Company being satisfied as to the buyers credit worthiness and without prejudice to the generality of the foregoing the Company may, in its absolute discretion, having informed the buyer that the goods are ready for delivery, refrain from delivering the goods until such time as the buyer tenders the purchase money to the Company in a form satisfactory to
Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred by the Company as a result of duplication of order will be charged to the buyer.
Delivery dates are promises given in good faith by the Company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by the Company.
9 TITLE TO GOODS
The Company and the buyer expressly agree that until the Company has been paid in full for the goods supplied: The goods remain the property of the Company although the risk therein passes
to the buyer at the point when delivery is made. The Company may recover these goods at any time from the buyer in his possession if the Company judges that the amount outstanding from the buyer on the general statement of account between the parties is in excess of the credit limit the Company is willing to accord to the buyer, and for that purpose the Company’s servants and agents may enter upon any land or building upon which the goods are situated. If the buyer incorporates such goods into other products, with the addition of his goods or those of others, or uses such goods as materials for other products, with or without such addition, the property in those other products is upon such incorporation or use ipso facto transferred to the Company and the buyer as
bailee of them for the Company will store the same for the Company in a proper manner without charge to the Company. The buyer has the right to dispose of the goods or such other products in the course of his business for the account of the Company and to pass good title to the goods or products to his customer being a bona fide purchaser for value without notice of the Company’s rights. In the event of such disposal the buyer has the fiduciary duty to the Company to account to the Company for the proceeds but may retain therefrom an excess of such proceeds over the amount outstanding and due to the Company, and the Company has the additional right to recover the buyer’s price from the buyer’s customer to the extent unpaid; it the Company avails itself of this right, it will account to the buyer for any excess less any expenses incurred by effecting recovery.
The Company normally makes no charge for delivery from its own warehouse within its van delivery area, but reserve the right to charge carriage on deliveries outside its usual delivery area, to special addresses and for low value orders. Where goods are specially ordered from manufacturers, and a carriage charge is made, the Company reserves the right to recover this charge from the buyer.
11 PACKING AND CASES
Boxes and cases which have been charged will be credited in full if returned and received in good condition, carriage paid within 14 days from the date of invoice. Cable drums are charged in accordance with the manufacturers’ conditions.
12 DAMAGE IN TRANSIT AND SHORTAGES
The Company will, when the price quoted includes delivery, repair or replace free of charge goods damaged in transit provided that the carriers and the Company receive written notification of
such damage within three days of delivery. Goods received in a damaged or unsatisfactory condition must be signed for as such. On receipt, goods should be checked with the advice note enclosed with the goods. Shortage claims will only be considered if the carriers and the Company receive written notification of such shortage within three days of delivery, failing which no liability will be admitted. The packing and contents should be retained for inspection.
Customers have 14 days from receipt of goods to request a return. Goods must then be returned within a further 14 days and in the same condition that they were received by you. On all of our made-to-order products (as stated in the product description), we charge a minimum 30% return and restocking fee. Any customised orders are not eligible for returns. The customer is liable for all return postage costs and any breakages incurred during the return delivery. Contact our office directly if you have any further questions or queries.
The Company’s liability in respect of all goods supplied by it shall be limited to giving the buyer the benefit of any guarantee or warranty given by the manufacturer of such goods. The Company shall not be under any further liability howsoever arising and all conditions and warranties expressed or implied by or under status custom or trade usage are hereby expressly excluded.
15 WEEE COMPLIANCE B2B TERMS & CONDITIONS
When supplied as B2B EEE Eurolighting Ltd invokes regulation 9.2 and passes all WEEE obligations to the B2B end user. The B2B end user is responsible for all liabilities regarding the environmentally sound disposal of this WEEE when it is discarded as WEEE. Eurolighting Ltd may, for commercial reasons only, offer a take back option when a B2B end user is purchasing a new product, however, this will be decided on a case by case basis and may incur a charge. For local environmental sound disposal please contact 0845 257 7024 or firstname.lastname@example.org for a free no obligation quote for the removal of WEEE items from a B2B end user.
Environment Agency Registration Number:
16 DESCRIPTIVE MATTER AND ILLUSTRATIONS
All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only and are intended only to present a general idea of
the goods to which they refer and shall not form part of the contract.
17 LIMITS OF CONTRACT
Any quotation includes only such goods accessories and work as are specified therein.
In the event of any claim being made or action being brought against the buyer In respect of infringement of British Patents by the use or sale of goods supplied by the Company, the buyer shall notify the Company immediately and the Company shall be at liberty with the buyer’s assistance if required, but at the Company’s expense, to conduct through the Company’s own lawyers and
experts all negotiations for the settlement of the same or any litigation that may arise therefrom; subject to such notifications and provided that no goods or any part thereof, shall be used for any purpose other than that for which the Company supplied, the Company will indemnify the buyer in respect of any such claim.
In the event of the buyer committing any breach of contract with the Company or if any distress or execution is levied upon goods of the buyer or if he offers to make any arrangement with or for the benefit of his creditors or commits any act of bankruptcy or being a Limited Company, has a Receiver appointed of its undertaking or assets or any part thereof or, for the purposes of a
reconstruction or amalgamation without insolvency, goes into liquidation, the Company shall there upon be entitled without prejudice to its other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract or any unfulfilled part thereof, or at the Company’s option to make partial deliveries.
All drawings, descriptions and other information submitted by the Company shall remain the property of the Company together with the copyright therein.
21 VALUE ADDED TAX
Where chargeable, Value Added Tax will be charged at the rate applicable at the date of despatch. Cash settlement discount is not available on Value Added Tax
22 LEGAL CONSTRUCTION
Unless otherwise agreed by the Company in writing, these conditions shall in all respects be construed and operate as an English Contract, in conformity with English Law.