All quotations are made and orders accepted and executed on the understanding that the Purchaser, now and in the future is bound by these conditions of sale. The present document represents the agreement between One Eighty Light Limited and the Customer the purchaser in it’s entirety and supersedes any prior understanding or agreement, verbal, written or otherwise between the parties. The Purchaser agrees that it has not relied on any representation made to it in entering into this agreement except inso far as a representation has been reduced to writing and appears on the quotation (without obligation) or order form.
One Eighty Light Limited will guarantee products in line with the guarantee of it’s partner companies, normally 2 years, where the fault is not caused by clients negligence, and will be repaired or replaced at our discretion. This represents the limit of One Eighty Light Limited’s liability to the Purchaser. Under no circumstances will One Eighty Light Limited accept liability for the fitting of replacements, any other labour charges, out of pocket expenses, damages incurred by defects or consequential loss howsoever caused. Any unauthorised alteration or modification to the product will invalidate the guarantee.
All prices are quoted exclusive of VAT and inclusive of lamps unless otherwise stated in the quotation. Whilst every endeavour will be made to invoice goods at the prices quoted and/or acknowledged, One Eighty Light Limited reserve the right to invoice at prices ruling at time of dispatch. Errors and Omissions excepted.
Payment of One Eighty Light Limited invoices are due 30 days from the date of invoice. In the event of any discount being agreed by One Eighty Light and the Purchaser, such discount shall be subject to payment being made by the customer on the due date for payment. If payment is not so made all discounts shall be withdrawn and the full list price shall immediately become due and payable. All payments shall be made in full without deduction in respect of any set off or counter claim.
5. Retention of Title
All delivered goods remain the property of One Eighty Light Limited until payment has been made in full whether or not they are in the buyers possession. Part Payment does not transfer ownership. In the case of non payment we shall be entitled to repossess or trace the goods or the proceeds of sale in your hands or in the hands of any liquidator or receiver.
Lead times quoted are made in good faith by One Eighty Light Limited and are estimates only. One Eighty Light Limited shall not be liable for any loss, for failure to deliver or failure to dispatch within these times. Deliveries direct to site will be made only upon written request. One Eighty Light Limited cannot guarantee that the delivery will be signed for by your companies personnel. Under no circumstances can One Eighty Light Limited accept liability for alleged non delivery if a third party signature has been obtained on site.
7. Loss or damage in Transit
Goods should be checked on receipt or to be signed for as “unexamined” and if cartons or external packaging show signs of damage, they should be signed for as “received damaged”. Claims for shortages or damaged in transit should be notified in writing to the carrier and ourselves within in three days of receipt and in the case of non delivery, within 10 days of the date of invoice. Claims not signed for as received damaged or not notified to us within this period cannot be accepted as we are unable to claim from either the carrier or our insurers.
8 . Insurance and Risk
The goods supplied to the buyer by One Eighty Light Limited shall be at the risk of the buyer either: – (a) Immediately upon delivery to the buyer or upon being received into custody on the buyer’s behalf whichever is the sooner, or; (b) Upon collection from the dispatch point by the buyer, whichever shall be the sooner and the buyer shall in either case thereafter keep One Eighty Light Limited indemnified in respect of any loss or damage to the goods howsoever arising or caused.
When the instruction from the buyer requires that One Eighty Light Limited deliver the goods to the buyer or site, One Eighty Light Limited shall insure the goods during transit until arrival at the buyer’s premises or other agreed destination or port, upon receipt by the buyer, or the buyers agent, One Eighty Light Limited shall accept no further responsibility for any damage incurred thereafter.
9. Risk Cancellations and Returns
The risk in all goods passes to the purchaser upon delivery, or if earlier upon notification to the purchaser that they are ready for collection or delivery. Under no circumstances can orders for contract net items (specification products) be cancelled once production has begun and under no circumstances can these goods be returned to One Eighty Light Limited or partner suppliers, unless these goods are found to be faulty.
10. Divisibility Clause
This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect or default in delivery of any other instalment.
11. Intellectual Property
All design and technical documentation will remain the property of One Eighty Light Limited and its partners.
12. Consequential Loss
One Eighty Light Limited will accept no responsibility for consequential loss or damage occasioned by errors, omissions or delay in delivery.
Any quotation or contract shall be governed by the laws of England.