Terms and Conditions

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Crystal Lighting Ltd is a VAT registered Company.
VAT No. 836785970

Terms and Conditions of Sale : Crystal Lighting Ltd
1.General

These Terms and Conditions of Sale shall apply and take precedence over the Buyer’s additional or different terms and conditions. The Buyer’s purchase of our products hereunder represents acceptance of these Terms and Conditions of Sale and any attachments, which together constitute the entire understanding between the parties and supercede any previous communications representations or agreements by either party whether oral or written. No change or modification of any of the Terms and Conditions of Sale shall be valid or binding on either party unless in writing and signed by one authorised representative of each party.

2.Orders

a.All orders become legally effective with the written order acknowledgement of Crystal Lighting Ltd (”the Company”) and in the absence thereof upon acceptance of delivery at the latest.

b.The Company reserves the right to add or withdraw articles from ranges shown in our published literature without prior notice and to alter prices to reflect any currency exchange rate fluctuations.

c.Information appearing in catalogues, brochures or other media or qualities of samples such as colour, condition or dimensions shall be binding only when explicitly referred to in the order acknowledgement.

d.Pro-forma orders are accepted subject to the condition that only available goods will be supplied and balances will not be booked. The Company may request a cheque with order in full payment before the goods are supplied.

3.Prices

a.Unless otherwise agreed in writing are shown net in £sterling and are quoted inclusive of standard delivery. All prices charged are subject to the price list in effect on the date of delivery and are invoiced in £sterling.

b.The Company reserves the right to refuse orders below a minimum order value of £100 or to apply carriage charges.

4.Terms of Payment

a.Unless agreed otherwise, payments shall be made in £sterling either in advance or by means of an approved credit account. Credit account terms are strictly 30 days net from date of invoice unless agreed otherwise in writing. No claim made by the Buyer extends the time for payment. The Company reserves the right to change payment terms or to discontinue performance under any agreement with the Buyer at any time when in the Company’s opinion the Buyer’s financial condition or previous payment record warrants.

5.Delivery

a.Delivery dates given are approximate only and are subject to availability. The delivery period begins at the date of order acknowledgement by the Company. The Company shall not be liable for its failure to meet delivery dates as indicated on the order acknowledgement or on any delivery schedule except where such failure arises from the Company’s negligence. Partial delivery is permitted and may be invoiced.

b.The Company shall not be liable for any delay in performance hereunder due to any unforeseen circumstance or if foreseen which are reasonably unavoidable or due to causes beyond the Company’s control, including but not limited to, force majeure, acts of government, military conflicts, acts of terrorism, delays in transport or customs formalities, transport damage, energy shortage or labour disputes and delays in delivery or inability to deliver by the Company’s suppliers.

c.Should the despatch of goods ready for shipment be delayed by circumstances beyond the control of the Company or for reasons attributable to the Buyer, the Company may have the goods stored at the risk and expense of the Buyer. Upon such action delivery and acceptance shall be deemed to have taken place, and payment becomes due accordingly.

d.All stated quantities, dimensions, weights and product qualities are approximate only and deviations are permissible as set out for the individual product groups, in price lists, catalogues or elsewhere.

6.Warranty

a.The goods are warranted against defects in materials and workmanship. The Buyer will thoroughly examine all deliveries without delay. In the case of defects the Buyer must make any claim in writing within seven days after receipt of the goods giving a detailed description of the defect(s). Any later claim will only be considered if the delay is beyond the Buyer’s control. Otherwise delivery is approved. The Company will replace defective goods with non-defective goods or grant by separate agreement a reasonable price reduction. In the case of latent defects, which could reasonably be detected within such period, the warranty period will be six months from the date of delivery. Warranty claims regarding goods supplied by a third party are limited to the extent and insofar as the supplier honours such claims to the Company. All warranty claims must be made by means of registered letter immediately upon discovery of the defect. The goods may only be returned upon prior approval and in accordance with explicit instructions of the Company. The warranty set forth above is exclusive and no other warranty whether written or oral is expressed or implied.

7.Liability

a.The Company’s liability is limited to damage affecting the goods themselves. The Company shall not be liable for any other damages howsoever caused except where liability is enforced by law in cases of negligence. The burden of proof is with the Buyer. The foregoing shall not apply in the event that any product supplied by the Company hereunder is determined by a court of competent jurisdiction to be defective and to have caused bodily injury or damage to the property of the Buyer. Unauthorised modification or misuse, non-compliance with instructions or information provided, or any use outside environmental specifications will fully discharge the Company from liability for any damage.

8.Protection of Intellectual Property Rights

a.The Buyer’s use of the Manufacturer’s trademarks applied to the goods or the packaging is limited solely to identifying the goods in their original packaging and condition. Buyer agrees that no other use of the Manufacturer’s trademarks by the Buyer is permitted. The use of the Manufacturer’s trademarks, names and logos for any publication of printed matter of any kind is only permitted following receipt of written approval from the relevant manufacturer. The status of such marks as registered trademarks must be indicated by means of the Ò sign. Neither the Company nor the Manufacturer shall be responsible for any infringement of patents, copyrights, trademarks or other intellectual property rights resulting from compliance with the Buyer’s designs, specifications, or instructions, in which case the Buyer shall defend or settle any such claim and indemnify and hold the Company and the Manufacturer completely harmless.

b.All materials including technical data, specifications or drawings or any other data supplied by the Company as well as samples, brochures, catalogues etc. will always remain the sole property of the relevant manufacturer under the protection of the relevant statutory provisions with regard to reproduction, imitation, and competition and must be treated confidentially and may not be copied or made available to any third party. These materials shall be returned upon request by the Company.

9.Retention of Title

a.Risk in the goods will pass on delivery of the goods. The Buyer shall insure the goods for their full market value. Property in the goods supplied shall only pass to the Buyer from the date of full payment of all sums due to the Company. Until such time the goods remain the absolute property of the Company and the Buyers possession thereof shall be as bailee for the Company. The goods shall automatically cease to be in the Buyer’s possession with the Company’s consent upon payment in full for the goods not being made by the due date, the bankruptcy, or the appointment of a Receiver over the assets of the Buyer.

b.The Buyer shall not be entitled to incorporate the goods supplied with other goods so as to form a new product except on the condition that such new product shall be the property of the Company until such time as the Buyer has made paid in full all sums payable in respect of the goods.

c.At any time prior to payment in full for the goods supplied, the Buyer shall if the Company so requires store the goods in which the Company has retained property under 9a.and 9b.hereof in such a way that they are clearly marked as the property of the Company, and shall allow the Company to enter its premises and remove such goods at the Company’s entire discretion.

d.Subject to clauses 9e.and 9f.hereof the Buyer is entitled until further notice to resell the goods supplied or said products or further processing in the course of his regular business activities.

e.Until the purchase price has been paid in full the Buyer shall assign to the Company all receivables to which the Buyer is entitled from any such resale up to the value of the goods supplied by the Company. The Buyer is entitled and obliged until further notice to collect such assigned receivables. The Company is entitled to inform the final purchaser of such assignment at any time.

f.If the Buyer receives moneys for such goods, the Buyer shall hold such monies in a separate account and identify the same as being the property of the Company.

g.Returning the goods by the Buyer or taking possession by the Company does not constitute termination of the contract and does not release the Buyer from his contractual obligations in particular to pay the purchase price in full

10.General Provisions

The Buyer shall ensure that the provisions of paragraphs 7 and 8 are made binding on all subsequent purchasers. This contract is subject to English Law. In the event of any dispute arising out of the contract the competent court in England shall have jurisdiction - or at the discretion of the Company - the competent court at the Buyer’s place of business or residence. The Buyer may only assign rights and obligations hereunder this contract wit the written consent of the Company. The Buyer may only offset its claim or exercise a right of retention against the Company’s claim when its claim is undisputed or has been established by the due process of law. Should any provision or provisions of this contract be void the remaining provisions shall remain unaffected.