- Within these terms and conditions the following definitions apply:- “Seller” means Asbac Lighting.“Buyer” means the person, firm or company by or on behalf of whom the order is placed.
“Goods” mean the articles described on the buyer’s order and any goods supplied in substitution for or in addition to such goods.
“Stock item” means articles, which the seller offers for sale from the range of products that it carries from time to time as standard stock items. “Custom made items,” means articles made to order or adapted from stock items to the specific requirements of an individual buyer.
- If Buyers are offered “Net Monthly” credit terms, invoices dated within one month are payable by the end of the next month.
- Orders for custom-made items will require a deposit payment of 50% of the purchase price with the order, whether the buyer is a credit account holder or not and these items are non-returnable.
- Orders placed by non-credit account holders will be paid for in full before the goods are despatched.
- If terms are agreed with payment by Letter of Credit, this will be irrevocable and confirmed by a London Bank, payable at sight.
- In the event of the buyer failing to make payment by the due date for any reason, the buyer will pay a late payment charge of 2% per calendar month or part thereof on any unpaid amount from the time the payment becomes due.
- Unless specifically stated prices are quoted ex-works and exclude packing charges and are subject to the addition of VAT where applicable.
- While every endeavour will be made to invoice the goods at the prices quoted the seller reserves the right to invoice the goods at the prices in force at date of delivery.
- For orders delivered within the mainland of the United Kingdom, a standard carriage charge will be made – (£10.00 for parcels to business addresses and £25 to private addresses). Orders of value over £200.00 carriage paid.
- Any time or date for delivery given by the seller is an estimate only. The seller will use its best endeavours to effect delivery but shall not be liable in any way for delay in delivery arising from any cause whatsoever. Refusal to accept delivery will constitute a breach of contract.
- The seller reserves the right to levy storage charges on goods remaining in its works 30 days after notice being given of availability.
- The buyer is responsible for arranging insurance of all goods in transit and no claim for goods damaged in transit shall be entertained by the seller.
- Goods delivered to the Buyer should be signed for “unexamined”. The seller will not accept claims for shortages after 3 days from receipt of goods.
- In the event of any defect appearing in the goods within 12 months of delivery the seller will, at its option, repair or replace the goods – providing the goods were correctly installed operated and maintained in accordance with the seller’s instructions and no attempts have been made to repair the goods. Any liability of the seller shall not be more than the value of the goods supplied.
- The ownership of the goods will be transferred to the buyer upon payment for the goods in full including any late payment charges as in clause 6 above. Until payment in full has been made the buyer is required to store the goods in such a way that they are clearly identified as the property of the seller and the buyer shall keep the goods on trust for the seller. The buyer may however sell the goods to a third party in the usual course of business on condition that the buyer shall hold such proceeds of the sale of the goods equal to the sum due to the seller including late payment charges on trust for the seller.
- No goods will be accepted for return without prior written consent from the seller. Credit for these goods will only be made at the absolute discretion of the seller after inspecting the goods and a handling charge will be made.
- Orders placed for custom-made items cannot be cancelled.
- The seller has taken all reasonable precautions to ensure that information in any catalogue is correct at time of publication but reserves the right to modify any goods and information at any time.
- By placing an order it is assumed the buyer is satisfied that the goods are suitable for the installation environment. Where goods are for use outside the EC the buyer must satisfy itself as to the suitability of the goods for use in the country in question.
- The order is a contract and shall in all respects be construed in accordance with English Law. The placing of an order by the buyer shall be deemed to incorporate these conditions.