1 - General 1.0 - Company means KSR Lighting Ltd, Unit E Hazleton Interchange, Lakesmere Road, Horndean, Waterlooville, Hampshire. PO8 9JU 1.1 - Customer means the person, firm or company who purchases goods from the Company 1.2 - Contract means the contract between the Customer and the Company for the sale and purchase of goods 1.3 - Goods means the goods which the Company is to supply in accordance with these conditions
2. Basis of Sale 2.0 - The Company shall sell and the Customer shall purchase the Goods in accordance with these conditions, which shall govern the Contract to the exclusion of any other terms and conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document 2.1 - No variation to these Conditions shall be binding unless agreed in writing by the Company 2.2 - Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without liability on the part of the Company 2.3 - Goods supplied may vary in detail from illustrations, drawings, measurements and descriptions set out in the Company’s sales literature, which are approximate and for guidance only and will not form part of the contract. Colour finishes will be maintained as accurately as possible but matching cannot be guaranteed. All terminology used in the Company’s sales literature is subject to these Conditions. 2.4 - The Company reserves the right to withdraw, improve or modify any design without prior notification. The Company cannot be held responsible for the incorrect application of any product. 2.5 - Samples can be purchased on a sale or return basis and will be subject to a carriage charge. The carriage charge will be refunded if an order is placed after receiving the sample. Any sample that is not required and is to be returned must be complete, undamaged and boxed as received. The value must be over our minimum order value to receive a refund. 2.6 - The Company will do our up most to ensure the LED colour kelvin is constant. But due to manufacturing processes the colour may vary. Therefore the Company cannot be held responsible for any discrepancies/variations of colour.
3. Orders 3.0 - No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company 3.1 - The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted by the Buyer, and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
4. Goods for Return 4.0 - Under no circumstance can any Goods be returned to the Company without the Company’s prior written consent and authorisation number being issued. 4.1 - All goods being returned must have the authorization number on the outer cartons and a copy of the debit note attached with details of the original invoice number and date purchased. Goods will only be accepted back if an authorization number is on the outer carton otherwise the goods will not be accepted. 4.2 - Goods purchased and no longer required within 3 months will be subject to a handling charge or an order twice the value of the goods being returned. The Buyer shall be liable for the cost of returning the Goods and for any damage to the Goods prior to receipt by the Company of such returned goods. 4.3 - The goods must be returned in their original packaging to ensure no damage is sustained during transit. Any products and product boxes that are damaged, defaced or with broken seals will not be accepted for return. 4.4 - All faulty goods returned will be inspected and tested. Any products found to be in perfect working order will be returned and re-invoiced, with any applicable carriage charge. 4.5 – Any product found to be faulty within 30 days of purchase will be replaced once a chargeable advance replacement order has been received, the order must include the original purchase order and invoice number. 4.6 – Any product reported as faulty after 30 days of purchase and within the 12 month guarantee period will need to be returned to the company for inspection or repair. If a repair cannot be carried out a replacement fitting will be sent
5. Price of Goods 5.0 - The price of the Goods shall be the price listed in the Company’s current published price list. All previous price lists will be deemed void once superseded by the release of any new price list 5.1 - The price for the goods shall be exclusive of any value added tax. 5.2 - Unless otherwise agreed in writing between the Customer and the Company, all prices are given by the Company on an ex-works basis, and where the Company agrees to deliver the Goods otherwise than at the Company’s premises. The Customer shall be liable to pay the Company’s charges for transport. 5.3 - Any quotation is valid for a period of 30 days only from the date of the quotation.
6. Carriage 6.0 - Carriage to destinations in the UK mainland (excluding Scottish Highlands and Northern Ireland) will be paid by the Company on orders having a net invoice value of £150.00 or more excluding VAT. Orders under this value will be subject to a carriage charge which is available on request. 6.1 - Timed deliveries and same day services are available and pricing is available on request. 6.2 - The minimum order values for carriage paid deliveries to the Scottish Highlands and Northern Ireland and areas outside the UK mainland are available on request. 6.3 - Any cancellation of an order by the customer must be confirmed in writing to the company, failure to confirm in writing may result in the customer receiving the goods and subject to the return charges that apply. See clause 4.3
7. Delivery 7.0 - Any dates quoted for the delivery of the Goods are approximate only. Time for delivery shall not be of the essence of the Contract. 7.1 - Claims by the Customer for shortages in delivery cannot be accepted unless they are received by the Company in writing within 3 working days of the expected date of receipt of the Goods at the Customer's premises. 7.2 - Claims by the customer for any damages / breakages in delivery cannot be accepted unless they are received by the Company in writing within 3 working days of the expected date of receipt of the Goods at the Customer’s premises. The Company will not accept any damages / breakages once the goods have left the Customer’s premises. 7.3 - The Company are unable to accept any liability for lost or misplaced goods once they have been delivered with a clear signature at a specified direct delivery address.
8. Special Orders 8.0 - Orders placed for Special items that are not in the current catalogue or are non stocked lines are supplied on a non returnable basis and cannot be cancelled once we have received the purchase order. You will be required to complete a form before your order is processed to agree to these terms.
9. Specification 9.0 - It is the responsibility of the purchaser to ensure that any product that has been schemed or selected is suitable and / or applicable for the intended installation.
10. Payment 10.0 - Time for payment will be the essence of the contract. The Customer shall make payment according to the payment terms agreed with the Company. 10.1 - All Goods remain the property of the company until full payment as cleared funds has been received by the company. 10.2 - If the Customer fails to make any payment under any contract with the Company on the due date or shall be in breach of these Terms & Conditions or any other term of any contract with the Company. 10.3 - If the Buyer fails to pay the Company any sum due pursuant to the contract the Buyer will be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 5% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgement.
11. Warranties 11.1 - The Guarantee period for any Goods is as specified in the Company's catalogue current at the time of acceptance of the Customer's order and commences on delivery of the Goods. 11.2 - Where the LED products are warranted for more than 12 months this will be for the LED Chips only, the rest of the product will carry our standard 12 month guarantee. Apart from our: Fire Break Qr5 & Qr10 ranges which have an extended warranty of 3 years. Starlet Louvred, Flat & Wing LED Panels which have an extended warranty for 3 years. 11.3 - LED Warranty period is based on an average operating usage of 8 hours per day, 365 days a year 11.4 - Where the company provides an extended warranty it will be inclusive of the given 12 month guarantee. The companies 5 year warranty will be 1 + 4 years, and the 3 year warranty will be 1 + 2 years. 11.5 - The Company can at its entire discretion either 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 11.6 - The installation of the Goods should only be carried out by a competent person in accordance with the instructions supplied with the Goods and relevant latest UK or European Standards. The Company will not be held responsible for failure of any Goods due to installation in an improper environment, installation not in accordance with relevant regulations, improper working practice, misuse, negligent storage or accidental damage. The Company does not take responsibility for damage to any Goods caused by excessive mains transients. 11.7 - The Company Will not assume responsibility for corrosion or other resulting damage to Goods where they are installed in areas in which fertilizers or salt are present, either in the air or in the soil or where the Goods are installed near to chemical plants, etc with emissions of heavily polluted air. All KSR External products are recommended to have regular maintenance quarterly to stop any corrosion that could happen to the product. All AISI 316L stainless steel products must be cleaned with the KSR3183 Cleaning kit quarterly to keep the product features. 11.8 - The Company does not take responsibility for any installation costs associated with replacement of a faulty unit. The Companies obligation under this warranty shall not extend beyond the original cost of the product and accordingly any consequential damages arising out of the product defects are expressly excluded. This warranty will only apply to KSR products and excludes 3rd party products and consumables such as batteries.