These terms and conditions (“the Terms”) apply to all transactions entered into by Tom Kirk Lighting Limited(“the Company”) and its customers. All work undertaken and goods supplied by the Company will be subject to the Terms. By accepting goods from or placing an order with the Company the buyer has full knowledge of and accepts the Terms.
2.1 The Company may invoice the buyer for the price of the goods (together with all delivery costs) (“the Price”) when the Company confirms the order.
2.2 The Company may also require the payment of a deposit or part payment before the order is processed. Until such payment is received no parts will be ordered and the estimated delivery and manufacture time will start only when this payment has been received.
2.3 The buyer must pay the Price on or before dispatch of the goods and the Company may recover the Price notwithstanding that delivery may not have taken place and the property in the goods has not passed to the buyer. The time of payment of the Price is of the essence of the Contract.
2.4 If the buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company may:
I) cancel the contract or suspend any further deliveries to the buyer;
II) appropriate any payment made by the buyer to such of the goods (or goods supplied under any other contract between the buyer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the buyer); and
III) charge the buyer interest on the unpaid balance at the rate of 4% above the current base rate of Abbey Bank Plc, which interest shall accrue from day to day (whether before or after judgment) until payment in full.
3.1 Delivery dates are approximate and not binding. Delays or late delivery caused by circumstances beyond the Company’s control will not be deemed reasonable grounds for cancellation or compensation.
3.2 Once an order is placed with the Company, the buyer must promptly provide the Company with all instructions, specifications, approved drawings, components or other materials or information required by the Company to enable it to carry out the order. Failure to provide this information promptly may affect the delivery schedule.
4.1 It is the buyer’s responsibility in all cases to examine each delivery of goods immediately upon receipt to check for shortages, non-delivery or damage.
4.2 Any claim by the buyer for shortage or non-delivery of or damage to any items must be notified to the Company in writing within 7 days of receiving the goods.
5.1 No goods may be returned unless faulty and only then if the Company has been advised in writing as to the reason for the return.
5.2 Unless the Company accepts the returned goods for repair or replacement under its warranty, the transport costs for such return shall be paid by the buyer.
6.1 The Company warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of delivery. This warranty does not apply to any defect caused by the buyer or a third party in the installation of the goods. The Company’s liability under this warranty is limited to the repair and replacement of defective goods.
6.2 The warranty will only apply if the goods have been installed either by the Company or by fully qualified electrical professionals in full accordance with current regulations and installation instructions. Only the proper electrical supply voltage must have been used at all times.
6.3 If the buyer’s complaint arises as a result of incorrect installation procedures carried out by a third party, the Company will charge for any visit plus expenses and provide a quotation for replacement parts to correct the problem.
7.1 The Company shall retain the right and title to all Intellectual Property Rights and other rights in any Goods, and to any work or material created by the Company or its subcontractors in the course of providing the goods and to any other items supplied pursuant to any order.
7.2 Save as set out in the Contract, the Company shall have no liability whatsoever to the buyer in respect of any infringement or alleged infringement of any intellectual property right or other rights and in any event the Company shall have no liability to the buyer hereunder for any infringement which is based on the use of any item supplied by the Company other than in accordance with the terms of this agreement and any other instructions the Company may give concerning their use, or in combination with any goods or services not supplied by the Company.
The buyer may not cancel any order in whole or in part at any time without the prior written agreement of the Company which may be given on condition that all costs of materials including tooling and labour including drawing and design work and a reasonable profit margin shall be paid by the buyer.
The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
One fine body…