a) In these General Conditions of Sale (“these Conditions”) “the Company” means CP Lighting Ltd; “goods” means goods agreed to be supplied by the Company and shall (where the contract so admits or requires) include services; “Purchaser” means any person firm or corporation who or which has agreed to buy goods; “writing” includes telex, facsimile and other electronic means of communication.
b) All orders are accepted and executed strictly on the understanding that the Purchaser is bound by these Conditions.
2. QUOTATIONS AND PRICES
a) A quotation will normally remain current for a period of 14 days from the date of quotation. The Company reserves the right at its absolute discretion not to accept any offer by the Purchaser to buy those or any goods based on such quotation or at all.
b) Unless specifically stated to the contrary all quoted prices are exclusive of Value Added Tax which will be charged at the rate operative at the day of sale.
c) The Company reserves the right to impose a charge for delivery to a site other than the branch of the Purchaser placing the order.
d) Agreed prices are based on quantities intended to be taken by the Purchaser. The Company reserves the right to vary the price if the Purchaser fails to take delivery of such quantities within the agreed delivery period, or if no such period is agreed, within a reasonable time.
a) Unless otherwise agreed in writing, payment is due in full before delivery of the goods. In respect of payment, time shall in all circumstances be of the essence of the contract.
b) Where the contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment for each such instalment, delivery or part, shall be made as if the same constituted a separate contract.
c) Should the Purchaser default in paying sums due for goods supplied, the Company reserves the right in its absolute discretion to suspend all further deliveries until the default is made good or cancel the balance of the order. Whenever under this contract any sum of money is overdue for payment by the Purchaser, the Company may deduct the same amount from any sum then due or which at any time thereafter may become due to the Purchaser, under this or any contract with the Company.
d) Should the Purchaser fail punctually to comply with the terms of payment, the Company shall be entitled to charge interest on all overdue amounts (both before and after judgement) at the rate of 3% per month until payment is received and shall be entitled to recover all expenses incurred by the Company in collecting or attempting to collect any amounts outstanding, including legal fees, on an indemnity basis.
4. PACKING AND CARRIAGE
a) Unless otherwise specified by the Company goods are delivered carriage paid on the mainland only for orders over the minimum value stated in our discount structure. Where special delivery arrangements are requested the difference in cost between standard and special delivery will be charged and be payable by the Purchaser.
b) A charge for delivery may be made where the Company is requested to deliver to a third party on behalf of the Purchaser at the Purchaser’s request.
c) By prior arrangement with the Company, goods can be collected by Purchasers.
d) A signature by an employee or agent of the consignee on a carrier’s delivery sheet or delivery note shall constitute proof of delivery to the Purchaser.
a) Catalogues, price lists and other advertising matter are only an indication of the type of goods stocked, and no particulars therein shall be binding on the Company. All details quoted therein are subject to alteration or deletion from time to time without notice.
b) All descriptions and illustrations and particulars of weights and dimensions and performance criteria issued by the Company in catalogues, price lists, advertising matter and specifications are by way of general description and approximate only, and shall not form part of any contract or give rise to any liability on the part of the Company.
6. SHORTFALL OR DAMAGE
a) No claim in respect of damage in transit will be in any event accepted unless the Company and its carriers are advised in writing within 72 hours of receipt of the goods or (where the damage was not apparent on reasonable inspection) within a reasonable time after discovery of the damage. Irrespective of the condition of packing, goods and packing must be returned for inspection by the Company.
b) No claim in respect of loss in transit or short delivery will in itself be accepted unless the Company and its carriers are advised in writing of such loss or short delivery at the time of delivery. The shortfall must be specified in writing on the delivery note. Marking the words “not examined” or “not counted” or any similar statement on the delivery note will not entitle the Purchaser to claim loss in transit or short delivery at any time after delivery. If the Purchaser does not note any shortfall on the delivery note the Company will be deemed to have delivered the correct quantity of goods to the Purchaser in accordance with the order.
c) Any claim for damage or loss in transit or short delivery must be accompanied by the following details:
- advice note number;
- carrier’s name (if other than the Company’s)
- condition of packages;
- date consignment received;
- date carrier advised;
- extent of damage or shortfall;
- copy of delivery note.
d) In the event of non-delivery carriers and the Company must be advised within 5 days of invoice.
e) The Company will not in any event be responsible for goods lost or damaged in transit or for short delivery unless the above conditions are strictly observed.
a) All times or dates for delivery of the goods are given in good faith but are approximate only and shall not be of the essence of the contract unless expressly agreed in writing by the Company.
b) Unless otherwise agreed between the parties in writing the Company shall be entitled to make partial deliveries of the goods.
c) The Company shall not be liable for any loss suffered by the Purchaser or any other person caused by any delay in delivery of any goods for any reason beyond the reasonable control of the Company.
a) If at any time after acceptance by the Company of an order the Purchaser wishes to make any modifications additions or variations to the order, the Purchaser shall only be permitted to do so after obtaining the agreement in writing of the Company and after the Company has agreed to any variation in the price and/or any revised delivery date.
9. SPECIAL ORDERS
a) All orders for lamps of non-standard voltages or types not included in catalogues are considered to be “Special Orders” the supply of which is undertaken on the understanding that the Purchaser will accept under or over delivery to the extent of 10% at the price quoted per unit.
b) Special orders may only be cancelled with the agreement of the Company and may at the Company’s discretion be subject to a cancellation charge.
10. RETURN OF GOODS
In no circumstances may goods supplied against a Company order be returned without the Purchaser having first applied for and obtained the written consent of the Company. A handling charge may be deducted from any credit allowed where it is established that the reason for their return was not the subject of the provisions of Clause 6 or 11 hereof or through any error on the part of the Company.
11. PASSING OF PROPERTY AND RISK
a) The risk in the goods shall pass to the Purchaser immediately on delivery of the goods to the Purchaser or the Purchaser’s Agent.
b) The property in the goods shall remain with the Company, (which reserves the right to dispose of the goods) until the Purchaser pays for the goods and pays all other amounts due from the Purchaser to the Company at the date of delivery. While the goods remain the property of the Company the Purchaser shall keep the goods identifiable and separate from all other goods in its possession.
c) Until such payment as aforesaid has been received in full by the Company the Purchaser shall be under an obligation to redeliver the goods to the Company if it so requires and the Company shall be entitled to any time to retake possession of the goods and for that purpose to enter upon any land or premises of the Purchaser where the goods may be for the time being. The Company shall be entitled, where the goods have been fixed or attached to any other product, to detach the goods in order to recover possession of them. Such redelivery or retaking of possession shall be without prejudice to the obligation of the Purchaser to purchase the goods.
d) If the Purchaser sells any of the goods before payment to the Company as aforesaid, the Purchaser shall hold the proceeds of such sale in trust for the Company. The Purchaser shall, at the request of the Company assign to the Company its rights to receive the proceeds of such sale.
e) Not withstanding the provisions of Clause 11(b) above the Company shall be entitled to maintain an action for the price of goods delivered.
Unless otherwise agreed or where the Company has notified the Purchaser of special terms as to warranty in respect of specified categories of goods the Company agrees at its option either to refund the cost of or replace goods proved to the Company’s reasonable satisfaction to have failed under proper storage and use within twelve months of delivery by reason of defect due to faulty design (other than any design made, furnished or specified by the Purchaser), materials or workmanship, provided that:
a) The Purchaser shall have followed any instructions issued by the Company in relation to the goods and their storage;
b) In the case of defects which would have been reasonably apparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within fourteen working days of delivery;
c) In the case of any other defects, the Purchaser shall notify the defects in writing within seven working days of the date when the defect becomes apparent.
13. CONSEQUENTIAL LOSS/LIMITATION OF LIABILITY
a) Save as may be expressly provided for herein the Company shall not be liable for any consequential loss suffered by the Purchaser or any other person; and in particular the Company shall not be liable for any costs, claims or damages or expenses arising out of any tortious act or omission or any breach of contract or statutory duty calculated by reference to profits income production or accruals or by reference to accrual of such costs claims damages or expenses on a time basis.
b) Save as provided for in clause 13(c) below, under no circumstances shall the Company’s liability to the Purchaser exceed the purchase price of the particular goods supplied in respect of which the purchaser seeks to claim under the agreement.
c) Nothing in this clause shall be deemed to limit or exclude the Company’s liability for death or personal injury arising from negligence on the part of the Company, its servants or agents.
14. PURCHASER’S BREACH
In the event of the Purchaser committing any breach of the contract, or if any distress or execution is levied upon the Purchaser, his goods or assets, or if the Purchaser enters into any negotiations for arrangement or composition with or for the benefit of his creditors or commits any act of bankruptcy or if any petition in bankruptcy shall be presented against him, or if, being a corporate body, the Purchaser shall be wound up or if any resolution is proposed or petition presented to wind up the Purchaser (not being a members’ voluntary winding up) for the purpose of reconstruction or amalgamation without insolvency, or if an administrator or receiver of the Purchaser’s assets or undertaking or any part thereof shall be appointed or if the Purchaser shall be deemed to be unable to pay its debts, the Company shall be entitled, without prejudice to any other claim or right or remedy which it may have, forthwith to suspend any or all deliveries until the default has been made good or to determine the contract or any unfulfilled part thereof.
The Purchaser shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this agreement without the Compnay’s prior written consent. The Company shall have the right to assign or otherwise delegate all or any of its rights or obligations hereunder to any associated Company or other person upon giving prior written notice to the Purchaser.
The failure on the part of the Company to exercise or enforce any rights conferred under these conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.
17. LEGAL CONSTRUCTION
These conditions shall be construed in accordance with the law of England and Wales and in the event of a dispute or difference arising between the parties the Courts of England and Wales shall be the exclusive courts of jurisdiction.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
See the information on this dedicated page http://www.cp-lighting.co.uk/WEEE
20. LEGAL NAME: CP Lighting Ltd. Registered Office Unit 25 Red Lion Rd Business Park, Surbiton, Surrey, KT6 7QD. Registered in England. Companies House Number: 04760557