Terms of Business

Terms and Conditions

1.     INTERPRETATION OF TERMS AND CONDITIONS

a.     In these terms and conditions of sale, the term "Seller" means Portablefloodlights.com
       The “Goods” means the goods agreed to be supplied by the Seller
       The “Buyer” means the person, firm or corporation, which has agreed to buy the goods

b.    These terms and conditions shall apply to, and form part of, every contract of sale entered into between the Seller and the Buyer, to the exclusion of any other terms submitted at any time by the Buyer, and may not be varied without prior consent in writing by the Seller.
       The Seller reserves the right to accept or reject any order received from the Buyer and to deliver minimum quantities, either by value or by reference to the box quantity or the goods in question

c.    Reference to writing or any other form of communication between the parties shall include telex, facsimile and communication by electronic means and any comparable means of communications

2.    QUOTATIONS

a.    Quotations submitted by the Seller shall be valid for the period stated, or where there is no period stated then for a period of 30 days from the date of issue
 
b.    The Buyer must state the quotation date and reference on all applicable orders to avoid higher prices being charged

3.    PRICES

a.    The prices payable for Goods shall be the Seller's quoted price or, where no price has been quoted (or when the quotation is no longer valid) the Seller's list price

b.    The Seller reserves the right to amend its list price at any time

c.    The Seller reserves the right to vary its products at any time

d.    All prices are ex-works, and where the Seller is to deliver the Goods, the Buyer is liable to pay the Seller's charges for transportation and packaging

e.    All prices are quoted exclusively of Value Added Tax, and the Buyer shall be liable to pay any Value Added Tax due
 
4.    PAYMENT TERMS

a.    All trading with the Seller is to be carried out on a Proforma basis unless open account terms have been agreed

b.    If open account terms for buyers in the British Isles have been agreed, then payment is due on a strictly net 30 days basis, unless a written agreement is in place stating otherwise

c.    All disputes shall be notified to the Seller in writing within 14 days of invoice date

d.    The Seller reserves the right to charge interest at a rate of 2.5% above the Bank’s base rate on any monies outstanding on the due payment date.
       The Seller also reserves the right to suspend all deliveries until such time as payment has been received in full.  The Buyer will also be liable for all direct costs in collecting such outstanding monies

e.    All open account payments shall be made by the buyer in British Pounds Sterling to either the Seller, or to a third party if the invoice concerned has been reassigned to them

5.    RISK AND PROPERTY

a.    Delivery of the Goods shall be made to the Buyer at the place agreed between the parties, and the risk in respect of all Goods shall pass to the Buyer the time of delivery.  If no place of delivery is agreed, delivery shall take place at the Seller's works immediately prior to loading for despatch to the Buyer.

b.    The property of the Goods remains with the Seller until payment has been received in full

c.    Until such time as the property of the Goods is passed to the Buyer, the Buyer shall hold the Goods on behalf of the Seller

d.    The Seller reserves the right to enter the premises occupied by the Buyer to recover the Goods in the event of non-payment

e.    The Seller reserves the right to sue for the invoice price of the Goods in the event of non-payment, despite the fact that ownership has not passed to the Buyer

6.    DELIVERY

a.    All dates quoted for delivery of Goods are given in good faith but are approximate only, and shall not form the essence of the contract

b.    The Seller reserves the right to make partial deliveries.  Goods in each delivery shall be considered sold under separate contract, which may be invoiced separately.
       Neither any non delivery, or shortages in delivery, nor any claim made by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject any of the Goods

7.    RETURN OF GOODS

a.    Any Goods delivered in good faith by the Seller will not be accepted for return without prior consent of the Seller, and a returns reference must be quoted

b.    The Seller will not allow credit in respect of returned Goods that are not in a fully resalable condition.

c.    Unauthorised returns will not be credited

8.    LOSS OR DAMAGE IN TRANSIT

a.    If the Seller has arranged for delivery, all Goods should be inspected on delivery.  The Seller will only consider claims for partial non-delivery or damage in transit if notice is received in writing within seven days for either partial loss or damage.
       If no delivery has been received the Seller will only consider the claim if written notice is received within fourteen days of the date of the invoice

b.    The Seller shall not be liable for any loss or damage if the Buyer fails to notify the Seller in accordance with this clause

9.    WARRANTY

a.    The Goods supplied by the Seller have a full 12-month warranty period from the date of despatch for all products and spare parts excluding bulbs

b.    The Seller shall have no liability under the warranty if the Buyer has not paid for the Goods by the due payment date

c.    The Seller shall have no liability under the warranty in respect of defects arising from fair wear and tear, wilful damage, neglect, failure to follow the Seller's instructions for usage whether oral or written, or alteration or repair of the Goods without the Seller's approval

10.    EXPORT SALES

a.    All Buyers external to the British Isles are to be invoiced and remit monies in British Pounds Sterling on a proforma basis unless otherwise agreed

b.    All prices quoted are ex works unless otherwise agreed in writing

c.    Responsibility for shipping is to be agreed between the Seller and the Buyer at the time of the order being placed, unless a standing agreement is in place.  In the event of there being no standing agreement to prevail, the Buyer will be liable, and invoiced for any shipping costs incurred by the Seller

d.    All disputes and discrepancies are to be notified to the Seller within 14 days of shipment if the Buyer is in Europe and 21 days of shipment if the Buyer is external to the European Community

e.    Other terms and conditions are as for customers within the British Isles except where conflicts with clauses a - d above

IF ANY OF THE ABOVE TERMS AND CONDITIONS ARE ELIGIBLE OR UNCLEAR, PLEASE CONTACT OUR HEAD OFFICE FOR A FULL COPY