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Terms & Conditions

 

TERMS AND CONDITIONS

 

1.  General

The following are the only terms on which Lighting Supply Company Limited (“the seller”) is willing to sell goods (“the goods”) and by ordering goods from the seller or taking delivery of them the buyer agrees that the following terms shall apply to the exclusion of his own terms (if any).

 

2.  Time of Delivery

Any time of delivery stated by the seller either on the face of this form or otherwise shall be treated as an estimate only.  The seller will use his best endeavours to deliver by that time but gives no other undertaking as to the time of delivery.

 

3.  Place of Delivery

The goods shall be delivered to the buyer at the place of delivery recorded on the face of the sale form or (if no such address is recorded there) at the premises of the seller.

 

4.  Price

The price shall be payable on or before delivery of the goods, unless by prior agreement in writing by the seller.

 

5.  Passing of Property

5.1       Property of the goods shall pass to the buyer on the occurrence of the last of the following 

            events namely:

(a)        payment in full of the price of the goods sold hereby, and

(b)        payment in full of every other sum owing by the buyer to the seller.

5.2       Until property shall have passed as aforesaid the buyer shall hold the goods as bailee for the

            seller and shall keep them separately stored and identified as the property of the seller.

5.3       In the event that the buyer shall sell the goods before property has passed as aforesaid,

            he shall do so as the agent of the seller, the proceeds of any such sale shall be kept in

            a separate account identified as containing monies from the sale of the seller’s property

            and the buyer shall account to the seller for the whole of such proceeds.

5.4       Until property shall have passed as aforesaid the seller shall be at liberty at any time:

(a)        by notice in writing to require the buyer forthwith to return the goods whereupon the buyer

            shall cease to be in  possession of them with the consent of the seller;

(b)        to retake possession of the goods and for that purpose to enter on any premises where 

            the goods are or are reasonably believed by the seller to be situated.

5.5       Notwithstanding the foregoing the goods shall be at the risk of the buyer alone from the

            time they leave the seller’s premises.

5.6       Payment of all goods and services shall be strictly 20th of the month following receipt of

            invoice/statement.

5.7       Method of payment as detailed at the time of sale unless otherwise arranged.

5.8       That the buyer undertake to pay interest on any outstanding amount at the rate of

            2% per month and to indemnify the seller and pay collection costs plus all costs and

            expenses on a solicitor/client basis which the seller may incur recovering from the

            buyer any overdue account.

 

6.  Fitness for Purpose

6.1       The seller gives no warranty that the goods are fit for the buyer’s purpose or purposes. 

            The buyer warrants that he has satisfied himself that the goods will be fit for every purpose

            for which he requires  them and that he does not rely on any skill or judgment of the seller

            in that regard.  The buyer further warrants that:

(a)        he is aware that the goods are supplied for the purpose for which they were manufactured, and

(b)        he has all the licenses that are required for their use, and

(c)        the goods will be tested prior to use, and

(d)        the goods will only be used by suitably qualified individuals, and

(e)        the goods will be regularly serviced, tested, certified and inspected, and

(f)         the goods will not in any way be adapted or altered, and

(g)        he will not give or imply any warranty to any person to whom he may sell or let the goods

            other than the foregoing and that he will notify that person of the requirements of the seller

            as to licence, test, use, service, inspection, certification and adaptation as above and of

            any statutory authority of any state or country in which the buyer or that person is

            resident or carrying on business.

 

7.  Acceptance

The buyer shall inspect and test the goods immediately upon delivery and shall within 5 days after delivery give notice in writing to the seller of any respect in which he alleges that the goods are not in accordance with the contract.  If the buyer shall not have given such notice within that time the goods shall be deemed to be in every respect in accordance with the contract.

 

8.  Liability

8.1       This clause shall apply to all claims by the buyer against the seller irrespective of

            whether such claims arise in contract or in tort and whether or not the seller was negligent.

8.2       In the event that notice has been given pursuant to clause 7 above that the goods are not

            in accordance with the contract the seller shall replace or repair the goods at his own expense

            provided that the buyer has written 30 days after the said notice caused the goods or part

            thereof alleged to be defective to be returned at the buyer’s expense to the seller’s

            premises or such other place as the seller shall direct.

8.3       No other remedy than that provided for in sub-paragraph (a) above shall be available

            to the buyer.

8.4       Without prejudice to the generality of the foregoing the seller:  

(a)        shall not be liable for damages in the nature of or arising from loss of profits,

            loss of use, loss of revenue, loss of hire or rental in respect of the goods, nor for

            damages arising from compensation payable by the buyer to any other   person

            or corporation whatsoever, and

(b)        shall not be liable for any damages exceeding the purchase price of the goods.

 

9.  Force Majeure

The seller shall be relieved of his obligations under this contract insofar as he is hindered in or prevented from performing them by any circumstances whatsoever.

 

10.  Hold Harmless

The buyer undertakes and agrees to indemnify and hold harmless the seller against any and all actions for claims, proceeding, costs, losses, expenses, liabilities, including legal fees, whatsoever and howsoever caused or arising out of, connected with or resulting from the goods themselves or use of the goods including without limitation the manufacture, selection, delivery, possession, use, operation, return or any and all damages or injuries caused thereby to anyone whatsoever.

 

11.  Waiver and Invalidity

11.1    The failure of either party to insist on strict compliance with any of the terms, covenants

           or conditions of  this contract by the other party shall not be deemed a waiver of that term,

           covenant or condition nor shall any waiver or relinquishment of any right or power at any 

           one time or times be deemed a waiver or relinquishment of that right or power for all or

           any other times.

11.2    If any provision in this contract is held by a court of competent jurisdiction to be invalid,

           void or unenforceable the remaining provisions shall nevertheless continue in force

           without being impaired or invalidated in any way.

 

12.  Privacy Act

Under the terms of the Privacy Act 1 July 1983 the buyer shall authorize any person or company to provide the seller with such information as they may require in response to their credit enquiries.  The buyer shall authorize the seller to furnish to any third party details of this application and any subsequent dealings that he may have with them as a result of this application being actioned by them.

 

 


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