Terms and Conditions of Trading

All quotations are made and orders accepted by Lightplus (the ‘Company’) subject to the following conditions, notwithstanding anything that may be stated to the contrary by the Customer, unless otherwise agreed by a director of the Company in writing.

1. Confidentiality
The Company will treat as confidential all information and material collected in the course of a design assignment, other than that which is publicly available.

2. Design Fees

a. Where the Company is asked to provide design services to the Customer these will be charged for on either a fixed fee or per diem basis for each assignment undertaken.

b. If a fixed design fee is agreed for the assignment then the Company will invoice the Customer for the agreed fee in equal monthly instalments throughout the assignment, unless alternative invoicing arrangements are agreed in advance.

c. If the assignment is to be charged on a per diem basis, the Company will invoice the Customer monthly, in arrears, for professional fees at the agreed daily rates for the staff who have worked on the assignment. Fees will not be charged for days not spent on the assignment, such as statutory and annual holidays, sickness and temporary absence. The Company reserves the right to revise the daily fee rates, on submission of four weeks’ written notice to the Customer.

d. All expenses associated with the assignment, including travel expenses, living expenses, and the cost of materials and external services, will be recharged to the Customer at cost. VAT is added to the professional fee and to the expenses at the prevailing standard rate. Payment is due on presentation of the invoice.

e. To protect the professional relationship between the Company and the Customer, either party may give seven days' written notice to terminate the assignment, and this will take effect at the end of the working week following the week in which notice was given. If such notice is given in the case of a fixed fee assignment, then the Company will invoice the Customer for professional fees, at the standard daily rates for the staff who have worked on the assignment, for the actual days worked but subject to a maximum equal to the agreed fixed fee for the assignment.

f. Any and all designs, plans, drawings and/or documents given and/or sent by the Company shall remain its property until such time as payment in full has been received and cleared. Until such time the Customer will not divulge them to any third parties for whatever reason.

3. Product Prices

a. All prices quoted are:
I. Those ruling at the date of despatch,
II. Subject to Carriage and Packing charges from the country of origin,
III. Exclusive of VAT

b. The Company reserves the right to alter prices at any time prior to delivery without notice.

4. Carriage and Packing – Minimum Order Charge

a. Carriage and packing is chargeable on orders having a nett invoice value of under £500,

b. The Company reserves the right to recover the costs of any special delivery requirements specified by the Customer.

5. Despatch

a. Despatch will be by common carrier chosen by the Company as the most appropriate at that time. Every effort will be made to fulfil promises of despatch and delivery to the address shown on the quotation or order, but no liability for late delivery or non-delivery can be accepted. Despatch will only be effected to the Customer’s own premises unless the Company has specifically agreed to the contrary.

b. The Company reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.

c. Time of delivery is not of the essence.

6. Damage or Loss in Transit

a. The Company accepts no liability for any loss resulting from the Customer’s failure to comply with the carrier’s requirements with respect to notification of damage, shortage and/or non-delivery of goods.

b. Goods should be inspected upon receipt, and damage or shortage advised in writing to the carriers and ourselves within three days.

c. Damaged goods must be retained for inspection at the Company’s discretion.

d. Damaged goods returned to the Company will only be accepted if carriage paid and after the Company’s prior written consent.

e. Non delivery must be advised in writing to the carriers and ourselves within 14 days of date of Advice Note.

7. Returns

a. Goods supplied in accordance with Customer’s orders cannot be accepted for return without the Company’s prior written consent.

b. Returned goods must be sent carriage paid.

c. The Company reserves the right to levy a handling charge where goods are returned for credit/replacement.

8. Payment

a. A deposit of 50% of the total order value is required with the order.

b. The balance of payment is due on presentation of invoice.

c. In the event of default in payment by due date the Company reserves the right to charge interest on overdue monies, and suspend deliveries or terminate the contract.

d. Interest will be charged at the prevailing AIB overdraft annual rate plus 5 percentage points. Interest will charged monthly, or part thereof, on outstanding balances including accrued interest charges.

e. Time for payment shall be of the essence.

f. The Customer shall have no right to set-off.

9. Risk and Title
Risk shall pass to the Customer when the goods are delivered to or collected by the Customer or his agent.

10. Retention of Title
It is a term of the contract for sale of any articles herein that the articles shall remain the property of the supplier until such time as payment in full has been received and cleared. In the event of any default in payment the supplier reserves the right to take back all goods.

11. Warranty
No representation of warranty is made as to the suitability or fitness of the goods for any particular purpose, and the Customer shall satisfy himself in this respect and be totally responsible therefor.

12. Exclusions

a. Clause 12 only covers defect caused by faulty design, manufacture, materials or workmanship. Defects caused by abnormal use, misuse, or neglect are not covered.

b. The Company agrees that if any defect covered by clause 12 is discovered during a period of 12 months from the date of despatch the Company will at is own discretion either repair the goods at its own expense or replace them conditional upon the Customer:
i. Informing the Company of the relevant defect in writing within 7 days of its discovery.
ii. Returning the Goods to the Company at the Customer’s own expense.
iii. In consideration for receiving the benefit of this clause, agreeing that apart form the terms set out in clause 11 and 12 no other term, condition or warranty, express or implied shall form part of this contract.

a. The Company shall not be liable for any consequential loss suffered by the Customer however arising.

b. The Company’s total liability for any claims arising from any one act or default shall be limited to the contract price.

13. Sales Promotion Documentation
Whilst every care is taken in their preparation, catalogues, technical circulars, price lists and other literature are for the Customer’s guidance only and do not constitute representations and the Company shall not be bound thereby.