a. The “seller” means Tornado Lighting & Design LTD.
b. The “buyer” means the person who buys or agrees to buy the goods from the seller.
c. The “goods” means all items which the buyer agrees to buy from the seller.
Orders are only accepted subject to the conditions of sale set out below and the seller shall not be bound by any other terms, written, verbal or implied, or which are conditions customary in the trade and whether contained in customers order forms or note. These conditions shall apply unless expressly varied by the seller in writing.
Credit accounts are nett strictly within 30 days. Interest at a rate of 3% per annum above National Westminster Bank PLC base rate, together with any expenses incurred in collecting payments, will be added to the agreed price in respect of any part thereof not paid, on or before the due date. Where a new account is to be opened, two trade references are required. The seller has the right to discontinue delivery without notice if the buyer defaults in payment, or if circumstances warrant such discontinuance. The seller also has the right to refuse credit terms to a buyer for any reasons. Pro-forma orders will only be delivered when the seller has received payments in full, including confirmed clearance of any cheque or credit card.
Whilst every endeavour will be made to deliver at the prices quoted, the seller reserves the right to invoice at the price ruling at the date of delivery. All prices are subject to VAT at the rate prevailing at the date of invoice. The prices contained in the current price list replace all previous prices quoted by the seller.
5. RISK AND DELIVERY
a. Goods are delivered to the buyer when the seller makes them available to the buyer or any agent of the buyer or any carrier (who shall be the buyers agent whoever pay his charges) at the sellers premises or other delivery point agreed by the seller. Risk in the goods passes when they are delivered to the buyer.
b. The seller shall not be liable to any penalty, loss injury, damage or failure in the delivery or performance from any cause at all nor shall any such delay or failure entitle the buyer to refuse to accept any delivery or performance or to repudiate the contract.
c. Any dates quoted by the seller for delivery of the goods are approximate only and shall not form part of the contract and the buyer acknowledges that in the performance expected of the seller, no regard has been paid to any quoted delivery dates.
A charge to cover carriage and handling will be added to all invoices within mainland United Kingdom. Deliveries to Ireland, the Channel Islands, Orkney Islands, and other surrounding areas outside mainland United Kingdom may be charged at a higher rate and will be quoted at time of enquiry. Carriage is automatically charged at the time of invoice unless otherwise agreed prior to acceptance of order.
7. CANCELLATIONS OF ORDERS
The seller may in its sole discretion accept or reject the cancellation of any order once such order has been accepted by the seller. The seller will in no circumstances accept the cancellation of any order for goods which are to be specially made or obtained. Once such an order has been accepted by the seller nor will any allowance be made in respect of such goods where they are subsequently returned.
8. RETURN OF GOODS
The seller may in its sole discretion accept or reject the return on any goods which have been ordered. In the event that the seller decides to accept the return of such goods, such acceptance shall be upon such terms as the seller may determine and in particular the seller reserves the right to charge for the inspection, handling restocking and similar administration of such goods.
Note: As all our goods are made to order, we charge a 50% returns fee.
Claims must be notified in writing within 5 days of receipt, otherwise responsibility cannot be accepted. The seller’s liability shall be limited to, at the seller’s option replacing the goods or refunding the price of the goods. Under no circumstances shall liability of the seller exceed the price of the goods. Replacement for damaged goods will be charged and credit issued on the return of the damaged goods to the seller in the original packaging.
10. RETENTION OF TITLE
a. In spite of delivery having been made, property in the goods shall not pass from the seller until payment in full of the price by the buyer.
b. Notwithstanding delivery, property in the goods shall not pass from the seller until all other sums owed by the buyer to the seller have been paid in full.
c. Until payment in full of the goods, the buyer shall hold the goods on a fiduciary basis as bailee for the seller.
d. Whilst the buyer has the right to dispose of the goods in the ordinary course of business on a bona fide sale without notice to the customer of the seller’s rights hereunder, the entire proceeds of sale or otherwise of the goods shall be held in trust for the seller until payment in full for the goods.
e. Until payment in full for the goods the buyer hereby grants to the seller the right to enter any premises where the goods are stored in order to repossess or inspect them.
11. BREACH AND INSOLVENCY
If the buyer breaches any conditions of this contract or becomes subject to any administration order, or becomes bankrupt, or has a receiver appointed for, or distress is levied on any part of its assets or business, or goes into liquidation, or makes any composition with its creditors, the seller shall be entitled (whether in respect of this contract or any other) to:
a.Withhold any further deliveries to the buyer and or cancel contract without liability.
b.Appropriate any payment made by the buyer to such of the goods (whether supplied under this contract or any other) as the seller shall think fit.
c.Immediate payment of all sums whatever, owing by the buyer to the seller notwithstanding any previous agreements to the contrary.
d.Exercise of any right pursuant to clause 8 above.2
12. PRODUCT INFORMATION
Although the seller shall use its best endeavours to ensure that the information contained in the sellers catalogue is correct at the time of going to press, the seller shall not be under any liability for any damage, loss or expense resulting from any error or omission contained in the sellers catalogue. Goods supplied may vary in detail from illustrations, drawings and descriptions (which are approximate and for guidance only) in the sellers catalogue as a result of improvements or modification. Colour finishes will be maintained as accurately as possible, but matching cannot be guaranteed.
13. FORCE MAJEURE
The seller shall not be liable for any default due to any act of God, war, strikes, lock-outs or other industrial action, difficulties in obtaining labour or parts, government or other restrictions or regulations or other event beyond the reasonable control of the seller. All disputed arising of or in connection with the contract shall be governed by English law and the buyer accepts the jurisdiction of the Court of England.
ALL PRICES ARE EXCLUSIVE OF LAMPS