DA-Lighting.co.uk

In these conditions unless the context otherwise requires:

•     Company means DA-Lighting or services offered by Derek Boseley.

•     Buyer means the person, or company buying the goods from the Company.

•     Products and/or services mean the products and/or services being purchased by the Buyer from the Company.

•     Contract means the contract between the Company and the Buyer for the purchase of the goods. This will be found on the back of each Quote.

•     Contract price means the price of goods as agreed between the Buyer and the Company.

•     PPSA means the Personal Property Securities Act 1999.

The Buyer may request a Quotation from the Company setting out the price and quantity of the Goods to be supplied. If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable timeframe.

By accepting services and/or goods from the Company this shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.

These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.

5.1. The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products and/ or services supplied; or

5.2. The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.

5.3. Time for payment for the products and/or services shall be of the essence and will be stated on the invoice, quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated then payment shall be due on delivery of any goods or service.

5.4.  The Buyer agrees that the cost Price shall be determined by the Company.

5.5. The Company reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.

5.6. The Company reserves the right to implement a cancelation fee  for any orders cancelled after an order has been accepted.

 

6.1. The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Company.

6.2. Subject to any provision to the contrary in the Contract, payment (being cash unless otherwise arranged in advance and confirmed in writing by Derek Boseley or his appointee) shall be received on or before the date stated on the top of each invoice, which shall be issued promptly on or after delivery of the goods.

6.3.  Late payment shall incur interest at the rate of 10% per 28 Days calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.

6.4. Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods and services to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.

6.5. In the event that:

a.         any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or

b.         the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

c.          a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law

d.         the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.

7.               Governing laws

These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.

8.               Dispute resolution

The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

9.               Reservation of title

Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.

10.         Warranty

The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within seven (7) days from the date the goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.

11.         Liability

The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.

 

In the terms and conditions set out below, "the Company" refers to DA-Lighting, and "the Hirer" refers to the person hiring the equipment from DA-Lighting.

Unless specified otherwise, hire charges are based on a period of hire irrespective of whether the goods are in use or not. The hire period will run from the agreed date that the equipment will be made available to the agreed date that it be equipment will be returned to the company.

The Hirer assumes responsibility for the replacement of all lamps, except those whose electrical failure occurs under normal working conditions. A quantity of spare lamps is supplied with every hire. ALL FAULTY LAMPS MUST BE RETURNED OR THEY WILL BE CHARGED FOR. Spare lamps are supplied in a sealed container, if the container has been opened a replacement or cleaning charge will be made.

Every effort will be made to supply the goods ordered, but we reserve the right to substitute similar equipment if necessary. All hired equipment remains the absolute property of the Company. The Hirer undertakes to keep and return the equipment in good order and condition. We reserve the right to charge for repair and replacement of any items lost or damaged by the hirer.

INSURANCE of all equipment is THE HIRERS RESPONSIBILITY. Damaged or missing items will be charged for at replacement cost.

Connectors MUST NOT BE REMOVED FROM EQUIPMENT, adaptors are available at nominal cost. A charge will be made for replacing any missing connector in addition to the cost of the connector, if lost or damaged. Any connector that has been opened will attract an inspection and resealing charge.

Cables are supplied neatly coiled and taped and must be returned in a similar fashion. A charge will be made for recoiling and taping if necessary.

All hired equipment should be installed and operated by a competent person. WE ACCEPT NO RESPONSIBILITY WHATSOEVER for damage or injury to persons or property whilst the equipment is on hire.

The Hirer grants that any authorised representative of the Company has right of entry in any premises where the goods may be, to examine, repair, service or repossess the equipment.

The Company WILL NOT BE LIABLE for any loss or damage sustained by the hirer consequential to the non-delivery, defect in, or failure of the equipment hired.