Spectron LED Ltd Standard Terms and Conditions of Sale

 

Please read these Terms carefully, as they set out our and your legal rights and obligations in relation to the Products[1] that we sell.

 

1.         Definitions and interpretation

 

Company” means Spectron LED Ltd.

 

Contract” means a contract between the parties for the sale and supply of Products entered into in accordance with Clause [3];

 

Customer” means the customer for the Products as specified in [the Supplier's order confirmation][2];

 

Delivery & Returns

 

All Delivery dates are made by the Company honestly and on reasonable grounds but shall be estimates only and to the extent permitted by law the Company shall not be liable for delay or for any damage or inconvenience suffered by the Customer as a result of such Delivery Dates not being met.  Delivery Dates shall be extended by such time as shall be reasonable on account of any delay caused by any act omission or default of the Customer or by any other matter beyond the reasonable control of the Company.

 

Unless otherwise agreed by the Company collection of goods from the Company’s premises must be arrange between the Company and the Customer with a reasonable amount of time for the Company to make sure stocks order by Customer is available for collection within the Company premises.

 

Where the Customer is entitled to call off the Goods under the Contract at intervals it shall take delivery of the Goods immediately upon the Delivery Dates or at the intervals stated in the Contract or as soon there after as it is notified by the Company that the Goods are available for delivery.

 

If for any reason the Customer fails to call off give delivery instructions or take delivery of the Goods on the due date or upon receipt of such notification or otherwise causes or requests a delay in delivery then without prejudice to any of its other rights the Company shall be entitled to store the Goods and if it does so:

 

a)    It shall so inform the Customer in writing;

b)    The Customer shall pay or reimburse the reasonable cost (including insurance) of such storage from the date of such notification until delivery to the Customer;

c)    It shall be entitled to invoice the Customer for the Price of such Goods;

d)    It shall be entitled to appropriate any payment made by the Customer to such of the Goods (or any Goods supplied under any other contract with the Customer) as the Company may in its sole discretion think fit;

e)    Such Goods shall be in all respects at the Customer’s risk;

f)    It shall be entitled to suspend or cancel any further consignments of the Goods

 

The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either grater or less than the quantity purchased provided that such discrepancy in quantity shall not exceeded 10% and the Price shall be adjusted pro rata to the discrepancy.


Under any circumstance of refund, delivery postage costs will not be refunded.

 

Prices” means the [Supplier's standard list] prices for the Products as [sent by the Supplier to the Customer / published on the Supplier's website] from time to time;

 

Products” means the products that may be or are purchased by the Customer from the Supplier under these Terms (details of which are set out in [document][3]);

 

Terms” means these terms and conditions of sale and supply.

 

‘Insolvency of the Customer’ If the Customer makes a voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes possession or a receiver or an

 

“Force Majeure” The Company reserves the right to defer the Delivery Date or to cancel the Contract or reduce the volume of the Goods ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on its business due to circumstances beyond the reasonable control of the Company including without limitation acts of God, governmental actions or restrictions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or industrial disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 30 days, the Company shall be entitled to give notice in writing to the Customer to terminate the Contact.

 

[1.1    The ejusdem generis rule is not intended to be used in the interpretation of these Terms; it follows that a general concept or category utilised in these Terms will not be limited by any specific examples or instances utilised in relation to such a concept or category.[4]

 

2.         These Terms

 

          These Terms and [document(s)][5] contain the only conditions upon which the Supplier will deal with the Customer, and they govern all Contracts to the exclusion of all other terms and conditions. 

 

3.         Contracts[6]

 

[3.1    Each written quotation for the supply of Products given by the Supplier to the Customer will be deemed to be an offer by the Company to supply Products to the Customer subject to these Terms.

 

[3.2    In order for a Contract to come into force:

 

a)       the Company must submit a written quotation to the Customer; and

 

b)       the Customer must submit to the Company its written acceptance of that quotation within [10] Business Days of the date of issue of the quotation, and must give to the Supplier its express written acceptance of these Terms;

 

          and upon the receipt by the Company of the written acceptance of the quotation in accordance with this Clause [3.2] a Contract will come into force between the parties.]

 

[3.3    Each order for products given by the Customer to the Company will be deemed to be an offer by the Customer to purchase products from the Company subject to these Terms.

 

[3.4    In order for a Contract to come into force:

 

a)       the Customer must submit an order to the Company and must give to the Company its express written acceptance of these Terms; and

 

b)       the Supplier must send to the Customer an order confirmation;

 

            and upon the issue of an order confirmation by the Company a Contract will come into force between the parties.]

 

[3.5    Product samples and deposits;

         

          In order for a Contract to come into force:

 

a)            the Customer must submit a request for a product sample to released by the Company; and

 

b)       a deposit must be agreed upon by the Customer and Company to be submitted to the Company on receipt of the product sample and invoice.

 

c)       an agreed deposit will be refunded to the Customer after 7 days; once the product sample has been returned to the Company; subject to condition and length of time the Customer has been in possession of the product sample.

 

d)       if the Customer fails return the product sample within 14 days from the date of invoice; the deposit will be banked by the Company; plus a £20.00 daily charge will be added incurred by the Customer; and

 

e)       if the Customer fails to return the product sample after one month from date of invoice; the Company will invoice the Customer for the full amount of the product sample to recover their costs.

 

4.         Trade Accounts

 

[4.1    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.

[4.2    Subject to any provision to the contrary in the Contract, payment (being cash or card unless otherwise arranged in advance and confirmed in writing by Spectron LED Ltd or his appointee) shall be received on or before the thirty days of the invoice date [a month] following the date of the Company’s invoice to the Customer, which shall be issued promptly on or after delivery of the goods.

[4.3    Late payment shall incur interest at the rate of 5%, but can vary depending on per annum 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.

 

[4.4    Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation, the Company may suspend or terminate the supply of Goods to the customer and any of its other obligations under the terms and conditions. The Company exercised its rights under this clause.

 

4.5     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 Customer 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.

c)    the Company shall be entitled to cancel all or any part of any order of the Customer 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.

d)    the Company shall be entitled to enter a legal claim to recover any; and all amounts owing to the Company, with the additional of interest incurred and/or court fee’s.

 

1.Dispatch Policy. While every effort will be made to ensure that all items shown are available to order we offer no guarantee of availability and this electronic publication does not constitute an offer for sale. If we are unable to supply the goods required to your particular specifications, you will be notified as soon as possible after we receive your order, and you will be offered a full refund or an alternative.

You will be sent confirmation of your order within a few days, by email. It is the customer's responsibility to notify us of any errors or changes required within 2 days of receipt of confirmation. It is the customer's responsibility to advise us of non-receipt of the confirmation.

Your receipt will specify an expected dispatch date. If we are unable to dispatch within the expected time frame, we will contact you with an estimated dispatch date.

2.Prices and Tax. Payment must be sent with order. Card transactions are completed before work is started on the sign. The Credit cards accepted are VISA, MASTERCARD, VISA DELTA AND SOLO. International transactions are subject to the exchange rate on the date of transaction. Delivery to non-European countries may result in import duties payable on receipt of the goods. You will be liable for these duties. .

3.Cancellation and Returns. If your order is not manufactured to your instructions you have a right to cancel the contract, return the goods and receive either a full refund of your monies or replacement goods,(please note that 'special' instructions must be given in writing and confirmed by us)If you need to return goods, please contact us beforehand, telling us that you are returning the goods and why.

Goods received damaged in transit will be replaced as soon as possible free of charge, to the same specifications as the original order. Please ensure that you sign the couriers ticket as unchecked. We cannot replace damage items if you have signed that you received them in good condition. Returns are made at the customers' expense, although we may waive this responsibility in certain circumstances.

We reserve the right to implement a £10 administration charge for orders cancelled by customer at any time prior to manufacture of that order. Orders can not be canceled once the manufacturing process has been started.

4.Colours, ­shapes and sizes. The colour of goods may vary slightly from that shown on the website due to limitations of browser software and monitors. Also. colour variations are likely to occur due to the nature of natural materials used.  Irregular shaped plaques, may vary slightly from the samples shown. All sizes quoted are approximate. It is the customers responsibility to advise us of any maximum or minimum dimensions at the time of order.

5. Where proofs are sent out they must be checked in all respect for example Layout - Text - Content - Punctuation - Spelling. The sign will be made as the proof approved by customer.

6.Confidentiality. All confidential information, including credit card details, are held securely and only transmitted in encrypted form. Customer details are not passed to third parties, but we reserve the right to pass on customer's contact numbers to parcel carriers in the event of delivery difficulties, unless specifically requested not to do so. All customer details are used only in accordance with the Data Protection Act.

7.Indemnity. You agree to indemnify us against any claims, losses, liabilities, damages and expenses (including legal fees), arising out of your use of this site.

8.Jurisdiction. The contract will be governed by the laws of England and Wales and the parties to the Contract submit to the jurisdiction of the English Courts.

9.Failed Deliveries. All orders whether 'Free delivery' or 'Charged for' delivery refer to an order being sent to a given address once only. We reserve the right to request any subsequent delivery costs from the customer, if the item is returned to us due to failed delivery.

10.Consumer Rights. None of the above Terms and Conditions affects your statutory consumer rights.


5.           Product Warranty Terms and Conditions


This warranty only applies when Spectron components and Spectron power suppy are properly wired and installed together as a system; are operated within the electrical values shown on the Spectron power supply label; used in lighting equipment designed and approved for the application and in environmental conditions (temperature, humidity) within the normal specified operating range of the system.  This warranty does not apply to any abnormal use or use in violation of any applicable standard.  This warranty will not apply in the event of conditions demonstrating abnormal use or stress, including under/over voltage conditions, excessive switching cycles or operating hours.  Replacement of Spectron LED Components with LED components of other manufacturers will void the entire warranty.  Replacement of the Spectron power supply with any other power supply will void the entire warranty.   


The foregoing shall constitute the exclusive remedy of the purchaser and the sole liability of Spectron for Spectron LED components and Spectron Power Supply warranties.  No WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IS TO BE IMPLIED. In no event shall Spectron be liable for any other costs or damages, including lost profits or revenues, incidental, special or consequential damages.  


Spectron reserves the right to examine all failed Spectron LED components and/or Spectron LED power supplies to determine the cause of failure and patterns of usage and reserves the right to be the sole judge as to whether any Spectron LED components and/or Spectron power supplies are defective and covered under this warranty.