LumaxLED Ltd (referred to hereunder as “The Company”)
1. All offers and quotations are subject to written confirmation by the Company and no employee has the authority to bind the Company in advance of such confirmation. Price Lists are based upon prices ruling at the time of quotation but the Company reserves the right to invoice at prices ruling at the time of dispatch where this is later than the date of the quotation. Quotations are made exclusively of V.A.T. packing and delivery charges unless otherwise stated, and on a strict net price basis. The Company reserves the right to refuse the Customer’s acceptance of a quotation unless such a quotation is stated to be open for a specific period and is not withdrawn within such period.
2. Catalogue, price lists, and other advertising matter are only an indication of the type of goods offered and no particulars therein shall be pending on the Company. All prices quoted therein are subject to alteration or withdrawal from time to time without notice. The stated list of prices and percentages substitutes any other published or advertised before. Each stated price corresponds to a single piece excluding bulb. All goods will be supplied as specified subject to availability of materials. Where specified materials are not available the Company reserves the right without further notice to substitute other materials. All descriptive specifications and drawings, all particulars of weight and dimensions and all forwarding specifications issued by the Company are approximate only. Every reasonable attempt shall be made by the Company to maintain the specifications laid down by the Company in its literature relating to specific products (including drawings etc.) and to meet the requirement specified by the Customers order or drawing. However, the Company shall not be responsible for any loss or damage arising from failure, nor will any liability be accepted for the consequences of any deviation from specification not notified to the Company in writing within 10 days of the receipt by the Customer of a sample or of the first delivery of the goods, which ever shall be sooner. The company reserves the right to deviate from indicated values in the catalogue. This may arise from materials no longer available and as such specification cannot be met.
3. The Company does NOT grant the Customer permission to use images or diagrams supplied by the Company of their Goods on internet auction website like eBay etc.
4. In the event of any dispute arising out of these Term & Conditions of Trading being settled by arbitration then the provision of the Arbitration Act 1996 (UK) shall be deemed to prevail. Any agreement incorporating the Terms & Conditions of Trading shall be governed by and be read and construed in accordance with English Law.
5. The Company is entitled to make an additional charge for any work required in advance of an agreed timetable and for any agreed shortening of the contract period. The Company reserves the right to amend these Terms & Conditions at any given time and without prior notice.
6. The Customer’s acceptance of any quotation or order confirmation confirms their agreement to comply with all the Terms & Conditions as set out above and below.
7. The Customer shall inspect the goods immediately on arrival. If there are goods missing the company must be notified within 24 hours, non-delivery within 3 days. Unless notified in writing within these periods that the goods are not in conformity with the contract you are deemed to have accepted the goods.
8. The price doesn’t include transportation values and fees. If the client chooses to transport the product(s) by their own method or mean, The Company will be free of any responsibility for any damage incurred during transportation. If transportation is requested from The Company, it will be charged in addition to the product(s) unless agreements are in place. Standard delivery is free for orders over £200.00. Orders under £200.00 will be subject to a charge of £15.50 unless otherwise agreed. Any special delivery instructions will be in addition to this. Before 10.00am £20.00. We aim to dispatch orders upon receipt, subject to stock availability, but please allow up to a maximum of 28 days for delivery or whatever has been agreed. Orders are delivered by our drivers, parcel post or courier. If any delays occur, we will endeavour to keep you informed. If delivery is delayed beyond 28 days, we will always give you the option of receiving a full refund of any payments that you have made within 48 hours. Any time or date for delivery given by the Company is an estimate only. Where a period is named for delivery, the Company will use its best endeavour to effect delivery by the day specified but shall not be liable in any way for delay in delivery arising from any cause whatsoever. Refusal by the Customer to accept delivery will constitute a breach of contract. If by reason of instruction or lack of instructions from the Customer delivery in accordance with the contract is delayed for 14 days after the Customer has been notified that the goods are ready for dispatch, the Company shall arrange for storage and the goods shall be deemed to be invoiced and delivered. The Customer shall be liable for a reasonable charge for storage. The Company shall have option to reclaim such goods two months after notification without prejudice to any rights to claim completion, damages or settlement under the contract.
9. PRICE AND PAYMENT TERMS.
1Subject to clause 9.2. all prices charged are those current at the time of despatch of the goods. All prices are inclusive of carriage (subject to clause 10) but exclusive of VAT.
9.1. Payment for the Goods shall be due and payable in POUNDS STERLING 30 days following the despatch of goods.
9.2. A discount (as specified in the Sellers price list) of the price (exclusive of VAT and delivery charges) shall be allowed if payment is made by such date. No discount shall be allowed on any payment made after that date and the Seller reserves the right to charge interest at 3% above HSBC base lending rate for the time being on any overdue payments until repaid in full.
9.3. The Seller reserves the right to recover from the Customer all direct expenses reasonably incurred by the Seller in the collection of any overdue sums.
9.4. Without prejudice to any other rights of the Seller, if there is reason to doubt that the amounts due from the Customer under the terms of the Contract will be paid in full then the Seller reserves the right to require payment in full before delivering or performing any other work or services whatsoever for the Customer.
9.5. The Customer shall indemnify the Seller against all losses sustained or extra expenditure incurred as a result of such suspension.
9.6. Where payment requested in accordance with this clause is not received within 30 days of demand, the Seller reserves the right to sell or dispose of the goods produced for the Customer and to recover any additional loss from the Customer.
9.7. Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. Payment for all products must be made by debit/credit card. Payment may be made by cheque but we will not deliver until cleared funds are received. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
9.8. If you are a business customer, upon agreement we can
open a account for you, enabling you to pay in arrears. Where you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days of the date of the invoice. Accounts will be subject to such credit limits as we may notify to you from time to time. If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 8% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the chargeback: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP 50.00 including VAT; and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees). Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination. For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified chargeback.
9.9. Price, The quoted price may be increased by the company in accordance with the previous market conditions during the currency of the contract. If such an increase is necessary, the company will notify the customer in writing as soon as reasonable practicable. The customer shall pay the amount of increase in addition to them quoted price at the time when payment is due for the goods supplied, services carried out or for any one stage thereof in accordance with these conditions. Without prejudice to the generality of the foregoing “ market conditions” shall include any increase in the cost of labour, materials, machinery, tools, operation, transport supply or currency fluctuations.
10. The Customer shall be responsible for abiding by any legislation or regulation when importing or exporting any of LumaxLED’s ltd products into other countries including duties. The Customer shall fully indemnify the Seller against any fines, penalties, costs, claims, damages, losses and the expenses suffered by the Seller as a result of the Customer failing to comply with this Clause. .
11. Trade description – In the interest of continued improvement the company reserves the right to alter specifications and prices without prior notice. But this clause shall not require the customer to accept the design or specification different in any material different from original. All pictures contained in this catalogue, finishes and measurements are intended to present a general idea of the product. LumaxLED ltd accepts no responsibility or liability for their use. The installing electrician is responsible to ensure the product is used in the correct manner and it is good practice to check all measurement prior to installation.
12. Warranty – All products carry a 3 or 5 or 7 year warranty Please check individual product. Please note; for products where a battery pack is supplied, the battery is not covered by the manufacturer’s warranty. Responsibility for the initial charge period and maintenance charge/discharge of batteries is with the installing electrician or site owner, the warranty on drivers is null and void if the driver is placed too close to the lamp and shows evidence of heat damage. Any LumaxLED product found to be faulty in materials or workmanship within the warranty period, will be repaired or replaced without charge at LumaxLED’s discretion, on production of the original invoice. The companies obligation under this warranty shall not extend beyond the initial cost of the product and accordingly any consequential damages arising out of product defects are excluded. This warranty shall not apply to products which have been badly stored or incorrectly installed and have to be fitted by a fully qualified UK electrician, or to products that have been altered or repaired outside the premises. All LED products will not interact efficiently with a small amount of control gear including PIRs, dimmers and photocells. If a LumaxLED product is failing due to incompatibility LumaxLED are not liable to change the product unless otherwise agreed. This warranty applies to LumaxLED luminaires with an average use of no more than 8 hours a day (unless otherwise agreed). The 5 year warranty covers the light fitting. LumaxLED products are to be installed correctly, insulation or adverse temperatures has a negative effect on the operation of the LED lamp or LED luminaire and where the product in question has been installed in these types of environments, the product will not be covered by the warranty as set out above. LumaxLED will not be in any way liable for a product incorrectly installed.
13. Without prejudice to the other provisions hereof the liability of the company shall in no event exceed the price payable or paid by the customers for goods or services supplied. Without prejudice to the other provisions hereof the liability of the company shall in no event extent to any loss of profits, loss of business, economic loss or consequential loss or damage suffered by the customer. None of the provisions hereof are intended or shall be deemed to exclude the liability of the company in respect of death or personal injury resulting from the negligence of the company.
14. Your warranties You warrant to us that: (a) y ou are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale; (b) t he information provided in your order is accurate and complete; and (c) y ou will be able to accept delivery of the products
15. Business customers returns: Products may only be returned to us with our prior agreement, at your expense, and according to our directions. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products. Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out below, then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products. Business customers: limitation of warranties This Section applies only to business customers, not consumers. We warrant to business customers that the products purchased from us will: (a) conform in all material respects to any applicable specification of such products issued by us; and (b) be free from material defects in materials and workmanship for a period of 3 years (subject to terms set out in the warranty) from the date of delivery of the products. These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 15, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded. 15. Refunds If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
16. Force majeure In this Section and Section 19 below, “force majeure event” means: (a) any event which is beyond our reasonable control; (b) t he unavailability of raw materials, components or products; and/or (c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars. Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event. We will take reasonable steps to mitigate the effects of the any force majeure event.
17. Limitations and exclusions of liability Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale. The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to you in respect of any losses arising out of a force majeure event. We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. If you are a business customer, we will not be liable to you in respect of any special, indirect or consequential loss or damage
18. The Company guarantees at its entire discretion either to replace or repair any of the Goods which within the guarantee period are shown to its satisfaction to be defective through faulty material or workmanship alone, provided that no attempt has been made by the Customer or a third party to rectify, dismantle or alter the Goods in any way and the faulty unit is returned to the Company. The installation of the Goods shall only be carried out by a qualified electrician in accordance with the instructions supplied with the Goods and relevant UK or European standards e.g. the latest edition of the I.E.E Wiring Regulations (BS7671). The Company will not be held responsible for failure of products due to installation in an improper environment, installation not in accordance with relevant regulations, improper working practice, misuse, negligent storage or accidental damage. All the Goods incorporating electronic components are protected against damage which may result from transient voltages on the mains supply. The level of protection incorporated is generally in excess of the minimum level specified in the current international standards. It is the installer’s responsibility to ensure that electronic equipment is not subjected to transients above the international immunity standards. The Company does not take responsibility for damage to products caused by excessive mains transients
19. If the customer shall make default in or commit breach of any of its obligations to the company, or if any distress or execution shall be levied upon the customer, his property or assets or if the customer shall make an offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or if the customer shall be a limited company then any resolution or petition to wind up such customer shall be passed or presented otherwise than for reconstruction or amalgamation of if a receiver or administrator of such customer’s undertaking, property or assets or part thereof shall be appointed, the company, shall have an immediate right to terminate any contract then subsisting with the customer and upon such written notice of such termination being posted by the company to the customers last known address or if the customer is a limited company to the customers registered office. Any subsisting contract shall be deemed to be terminated without prejudice to any claim or right which may have accrued to the company
20. Consumers: statutory rights If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale Product Terms The Product If you are dissatisfied with any of the products we deliver, please contact us within 24hrs of receiving them. All our products are made to order ready for wholesale.. The Company is free of committing any design improvements without notification. Images in the catalogue or on the website may vary from the final product. We work with our designers and engineers daily to enhance the quality of our products aesthetics, usability and reliability. Delivery Delivery time is normally 0-3 weeks. However we can respond to more urgent turnaround times if necessary. Please contact us if you require a quicker turnaround time. Due to the nature of bespoke manufacturing, expected turnaround times cannot be guaranteed, however we endeavour to achieve these times if at all possible. Please inform us of any breakages or missing items within 24 hours of receiving your delivery. Returns All customised orders cannot be returned as they have been personalised for your order and cannot be used for future orders. It is expected that the goods will be returned in the same condition they are received by you. You are liable for all postage costs and breakages incurred during the return delivery. Cancellation Orders maybe cancelled within 24 hours of the order being placed unless the goods have already been despatched. Please contact the office for confirmation of the status of your order. The amount will be refunded using the same method the order was placed. Extent of Liability All goods sold on this site are carefully checked and tested. Under no circumstances whatsoever shall the liability of any parties involved in the supply of products via this site exceed the invoice value of any goods supplied. Use Please make sure instructions are read carefully before use and the correct bulb is used.