Terms of Sale

1. GENERAL
All cost proposals are given, and orders are accepted on the basis of these Terms and Conditions of Contract of Sale and on any Special Conditions set out in writing in our cost proposals. The buyer confirms that these T&Cs have been read and understood. The signing by the Seller of any of the Buyer’s documents does not imply a modification of these conditions, and any purported modification is ineffective unless made in an express written agreement between the parties and signed by a properly authorized officer of the Seller.

2. SPECIFICATIONS
All descriptions and illustrations contained in the Seller’s catalogues, price lists, and advertisements communicated to the Buyer are intended to be a general description of the goods, and nothing contained therein shall form part of any agreement of which these General Conditions form part.

3. PRICES
All prices quoted exclude VAT. Orders are accepted at the prices agreed, but the Seller reserves the right to amend these prices to those ruling at the date of the order, to take account of any variation in costs to ourselves, currency fluctuations, or circumstances beyond the control of the Seller, and to amend any accidental errors or omissions. It is the responsibility of the ordering party to ensure that any dimensions or quantities quoted on the relevant drawings are accurate. Where prices are quoted in £ sterling, the invoice value may, at the Seller’s discretion, be adjusted to cover deviations from the specified rate to the rate ruling at the date of the invoice. Our acknowledgment of order is confirmation of the agreed prices.

4. PAYMENT
(i) All initial transactions are to be paid on a pro forma basis unless an account is held.
(ii) If an account is held, any credit limit is to include VAT, and invoices are payable by the end of the following month. No liability whatsoever can be accepted by this Company with regard to any “third-party contract.” If any invoice is not paid within this credit period, all credit periods are canceled, so that all invoices become immediately due for payment. Late payment may affect your credit rating. Customers wishing to establish accounts must furnish two satisfactory trade references and one banker’s reference. No deductions or set-off may be made against any sums due to the Seller without their prior written consent. A pro forma payment may be necessary if references are not satisfactory.
If payment is not made by the due date, the Seller will exercise its statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002, as updated in 2013. We reserve the right to recover all reasonable costs incurred in recovering the debt.

5. DELIVERY
All delivery periods are estimated only, and the Seller shall not be liable for failure to make the goods available within such periods. The Seller is not liable to the Buyer, in damages or otherwise, for non-delivery or late delivery of the goods or any of them, or for any loss, consequential or otherwise, arising therefrom. The Seller is not liable for any customer’s duty taxes or storage costs while held in customs.

6. CARRIAGE
Carriage is payable by the Buyer, who will be charged at cost according to weight and destination, plus a cover charge for handling and packing.

7. SHORTAGE OR DAMAGE IN TRANSIT
Any shortage or damage that has occurred in transit will be rectified as soon as possible by the Seller, but notification must be received within 48 hours of delivery, including deliveries to site. Bespoke items such as shades must be checked at the point of delivery and photographed. If the Buyer fails to notify the Seller of any discrepancy within 48 hours, the goods shall be deemed to be in all respects in accordance with the contract, and the Buyer shall be deemed to have accepted the goods.

8. GUARANTEE
Apart from any guarantee issued by the Manufacturer, all goods shall be free from any warranties expressed or implied. The Seller shall not be responsible for any damage or injury to persons or property or loss arising out of the use or handling of any goods supplied under any contract to which these conditions apply. Any equipment supplied by us that has failed due to a faulty component or defective manufacture will be replaced as soon as possible, having received the offending item back at our warehouse at the Buyer’s cost or an official order for an advance replacement. This is to be the limit of our responsibility. In the event of a major problem, at our discretion, we will arrange for either the Manufacturer or a qualified third party to investigate and provide a written report, but only after receipt of an official order to confirm that our costs will be recovered in the event that the problem is due to poor installation, site faults, or normal wear and tear. Our products should be installed by a qualified NIC/ECA registered contractor, who will issue the necessary Electrical Installation Certificate to BS7671 upon completion.

9. RETURNED GOODS
The Buyer may not return goods without the prior written consent of the Seller. Bespoke items will only be accepted for credit (less any handling charge) on the condition that the Supplier will, in turn, accept the items from the Seller.

10. STORAGE OR CANCELLATION OF ORDERS
The Buyer may not cancel orders after such orders have been processed by the Supplier or received by the Seller without the written consent of the Seller, and the Seller reserves the right to impose a handling charge, which will be a minimum of 10%. A delay in the programming of a project may be unavoidable, and although an invoice will be raised in the normal manner, it may be subject to a mutually agreed period of extended credit. We are prepared to hold goods for a period of three months at no charge, after which a storage charge may be imposed.

11. PROPER LAW
These Terms and Conditions of Contract of Sale shall be governed by and construed in accordance with English law.

12. TITLE
(i) Title in the goods shall pass to the Buyer only when payment in full has been made, and the Buyer shall permit servants or agents of the Seller to enter onto the Buyer’s premises and repossess the goods at any time prior thereto.
(ii) The Buyer may sell and deliver the goods to a third party in the ordinary course of the Buyer’s business on condition that payment has been made to the Seller. The Buyer will hold all proceeds of such sales on trust for the Seller.