terms & conditions

terms and conditions

 

1. DEFINITIONS “The Goods” means the goods and/or installations/services the subject of the Contract between the Company and the Customer “The Customer” means the person, firm or company purchasing the Goods or receiving the installation of the goods. Each delivery/installation of Goods shall be deemed to be a separate Contract to which these Terms and Conditions shall apply.

2. TERMS No stipulation, representation or warranty made or attempted to be made at any time by either party to the Contract or by any person on behalf of such party shall vary, modify or counteract these Terms and Conditions. No variation in these Terms and Conditions shall be valid unless made in writing under the hand of a Director of the Company.

In the event that any part or parts of these conditions are held to be invalid such invalidity shall not alter the validity of any other part or parts of the same and each Clause and each sub-clause shall be capable of independent existence. The Customer agrees to enter into the Contract in the course of its business and not as a Consumer.

3. QUOTATIONS AND PRICES Any quotation by the Company shall be valid for acceptance for 30 days and if not accepted within this period shall be deemed to be withdrawn. Quotations / Estimate will not be given for work based on rough Estimate or Definitions.

Quotations are based on current Supply/Installation of costs of Goods and are subject to variation on or after acceptance to meet any recognised rise or fall in such costs. Contract Variations involving additional work are charged extra. VAT shall be paid by the Customer at the rate prevailing at the date of invoice.

The Company reserves the rights to sub-contract work and where the quotation given includes an estimate or reserve in respect of the costs of a sub-contractor such estimate or reserve whilst given in good faith is subject to formal confirmation and will not be binding upon the Company unless and until ratified by the sub-contractor.

4. PAYMENT AND ADDITIONAL CHARGES Payments shall be made at the Company’s business address and is due on receipt of invoice. The Company reserves the right to charge and be paid interest on all sums due from the Customer at the rate of 5% above Barclays Bank Plc base lending rate from the date upon which payment is due until the date upon which it is received. Invoices are payable in full without set-off retention or counterclaim.

The Company reserves the right to invoice Goods and Services upon delivery, regardless of whether other Goods or Services remain outstanding or not.

In the event of the Company incurring additional expense not provided for in any quotation as a result of the occurrence of any of the following, such additional expense shall be added to the price; variation and/or alteration of instructions and/or details and/or a failure by the Customer or its representative to provide the same.

The price is subject to delivery charges, applied at prevailing rate.

5. DELIVERY DATES Time for delivery is stated as accurately as possible but is not guaranteed and is subject to extension to cover delays caused by events beyond the Company’s control. In no case shall time be the essence of the Contract.

Contracts and deliveries may be suspended in the event of any strike, lock-out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, force major or other occurrence preventing or regarding the processing or delivery of the Goods and no responsibility shall attach to the Company for any delay, default, loss or damage due to any of these causes or for any damage in transit or at the works of the Company or to any other cause beyond the control of the Company whether in respect of contracts or deliveries or the safe custody or articles deposited with the Company.

If the Customer desires to be protected against the risks specified in this clause or any of them He/she shall on or before the date of the Contract, request the Company to be protected accordingly and shall pay the premium payable on any policy to be affected in consequence.

6. DEFECTS IN QUALITY/QUANTITY Every care is taken in the preparation of the Goods but it is the responsibility of the Customer to check them immediately upon receipt to ensure that they comply with the Customer’s instructions in every respect.

If the Customer alleges that the Goods do not conform to the Customer’s order whether as to content quality or quantity it shall notify the company within twenty-four hours of delivery by letter, or email of such allegation and the failure to make such notification shall be deemed to be conclusive evidence of the conformity of the Goods to the Customer’s order in every respect.

The Company’s liability for defects in the goods shall be limited to the replacement by the Company of the goods at no cost to the Customer, PROVIDED THAT such defect is notified in accordance with clause 6(a) and clause 6(b) hereof.

The Company shall not be liable for consequential loss or damage of whatever nature arising out of such defects. 6a. In any event the liability of the Company for defects in the Goods shall be limited to a sum equivalent to the invoice price of the goods in respect of which any claim is made against the Company. 6b.

In the event of the Company requiring increased cover against the risk of any loss in excess of the limitations of liability contained herein or cover against consequential loss or damage, the Company will be pleased to submit a revised price for the goods provided that the Customer’s requirement is indicated in writing on or before the date of the Contract.

7. ADVERTISING The Company retains the right to use any work produced for its customers in any advertising material to promote the Company or any of its products without prior consent. However, where confidentiality is the issue, protection for the privacy of the Customer will be observed.

8. RISK AND TITLE The risk in the goods shall pass to the Buyer upon delivery. Where the goods are collected by or on behalf of the Buyer or its agents from the premises of the Seller, the risk shall pass to the Buyer at the time the goods are handed over to the Buyer or its agents.

The property in the goods shall not pass to the Purchaser until they have been paid for in full. If nevertheless, the Buyer sells the goods before they have been paid for in full, he shall hold the proceeds of such sale (or, where he has made partial payment to the Seller for the goods, such of the proceeds as are equal to the sum remaining due from him to the Seller for the goods) on trust for the Seller.

9. TITLE Title to Goods supplied under this Agreement shall pass to the Customer on receipt by Energy Saving Lighting in full and cleared funds of ALL amounts payable (including VAT and any other applicable sales tax) under this agreement, whether or not payment of any such sum shall have become lawfully due.

The property in the goods shall not pass to the Purchaser until they have been paid for in full. If nevertheless, the Buyer sells the goods before they have been paid for in full, he shall hold the proceeds of such sale (or, where he has made partial payment to the Seller for the goods, such of the proceeds as are equal to the sum remaining due from him to the Seller for the goods) on Trust for the Seller, hence bound by the Law of Trust. Hence until title passes, the Customer shall hold the Goods, as bailee for Energy Saving Lighting and it shall leave in place all marks on the goods identifying Energy Saving Lighting as the owner. Until title passes Energy Saving Lighting has the right (without prejudice to the Customer’s obligation to pay for them) to recover possession of the goods and the Customer irrevocably licences Energy Saving Lighting and its agents to enter upon any premises occupied by the Customer to recover possession of the goods.

The customer hereby agrees to the Assignment of Debt in favour of Energy Saving Lighting for the Debt to be recovered from their Client/ Liquidator/ Administrator/ Receiver and or the newly merged Corporation and allows it to be exercised upon the unfortunate event of Bankruptcy or voluntary liquidation or disposal of the Company or any changes to the structure of the organisation whatsoever.

Therefore, in the event of default of payment by the customer due to lack of cash availability, bankruptcy, or whatever the reason may be for the default in payment, the customer consents to assignment of debt for the benefit of Energy Saving Lighting to be reimbursed with full payment as indicated in clause 8.

ALL MONIES CLAUSE Upon this clause, the Customer agrees to the pledge, as expressed in Clause 8. This pledge is made to secure repayment of All amounts (including Taxation) owed or which will be owed to Energy Saving Lighting by the application of All Monies Clause by imposing ONE Charge over ALL Goods supplied to the Customer by Energy Saving Lighting, hereto or thereafter (regardless of their Title, Ownership, Payment Schedules or Payment Statute) for the purpose of securing all debts owed to Energy Saving Lighting by the customer.

10 – RISK Risk in goods passes to Customer on delivery to the Location. Where the goods are collected by or on behalf of the Buyer or its agents from the premises of the Seller, the risk shall pass to the Buyer at the time the goods are handed over to the Buyer or its agents.

With effect from delivery, and until receipt by Energy Saving Lighting of the total price payable in respect of the goods, the Customer shall be responsible for insuring the Goods with a reputable insurance company against loss or damage for the full cost of their replacement and shall if requested by Energy Saving Lighting, arrange for the interest of Energy Saving Lighting to be noted on the insurance policy.

PAYMENT The Customer shall pay to Energy Saving Lighting the deliverables set out in the quotation. All fees and charges payable under the Agreement are exclusive of Value Added Tax or any similar sales tax. All such taxes are payable by the Customer and shall be applied in accordance with relevant legislation in force at the tax point date.

10. CLAIMS Any claim must be made within twenty-four hours of delivery beyond which period no claim can be entertained.

11. FREIGHTAGE Where at the request of the customer, the company is asked to forward either by Postal, Rail or Air Freightage, products of this Company, an appropriate charge will be rendered for this service. Whilst every reasonable precaution will be taken to ensure accuracy of despatch, no claims will be accepted by the company in the event of damage to or non-delivery of goods by whichever means of Freighting have been used, and after they have left these premises.

12. LAW OF THE JURISDICTION The Contract shall be governed by English Law and by the jurisdiction of the English Courts.

13. WARRANTY AND PRODUCT RECALL Flux brand LED lighting products sold by Energy Saving Lighting are covered by a 10 Year Warranty, valid from the date of purchase. In the event of performance issues or defects during the 10 Year Warranty period, Energy Saving Lighting will supply a free of charge replacement product on a parts only basis (installation labour is not included).

If a customer needs to contact Energy Saving Lighting regarding a warranty issue, they should call +44 1344883399 or email info@energysavinglighting.org. Dependent on the specific warranty issue, Energy Saving Lighting may need to work with the customer to gather more detail on the issue to help improve customer service and product performance.

The 7 Year Warranty is subject to the correct use of Energy Saving Lighting products and will not be valid in cases of misuse, for example incorrect installation or unsuitable environmental conditions. The 7 Year Warranty does not include any limitation on maximum operating hours and there are no parts considered wear and tear or consumable during the 7 Year Warranty period.

Energy Saving Lighting will not reimburse any consequential losses incurred or resulting from any product performance issue or defect. Flux brand LED lighting products sold by Energy Saving Lighting are assembled from quality components and they are subject to extensive review and testing. In the event of a performance issue or defect identified across a batch of products, Energy Saving Lighting will proactively work on a resolution with all customers who have sourced products from the batch.

The action taken will be dependent on the specific nature of the defect, but in the majority of cases Energy Saving Lighting will supply free of charge replacement products on a parts and installation labour basis. Energy Saving Lighting will also isolate and quarantine remaining unused stock from the manufacturing batch so that it does not enter the supply chain.

Energy Saving Lighting will not reimburse any consequential losses incurred or resulting from any product performance issue or defect and exclusions apply in the case of misuse, for example incorrect installation