Terms & Conditions | Brabin and Fitz lighting
- (a) The “seller” means Brabin & Fitz Ltd.
(b) The “goods” means all items, which the buyer agrees to buy from the seller.
(c) The “buyer” means the person who buys or agrees to buy the goods from the seller.
- Orders are only accepted subject to the Conditions of Sale set out below. The seller shall not be bound by any other terms, written oral or implied, or which are conditions customary in the trade and whether contained in the buyer’s order forms or not. These conditions shall apply unless expressly varied by the seller in writing.
- The buyer acknowledges that there are no representations outside these conditions of sale which have induced him to enter into the contract.
- All orders must be confirmed in writing. All goods are sold subject to availability.
- Unless account terms have been agreed, all goods ordered must be paid for on a pro – forma basis. All goods for supply outside of mainland UK will be supplied on a pro – forma basis only.
- Where a UK buyer makes payment with a trade account, payment must be made within 30 days of the invoice date. Time for payment shall be of the essence. Failure to observe these terms, will forfeit account status and incur interest on any payment overdue as from the date when payment becomes due until the date of payment at a rate of 3% above National Westminster Bank Plc base rate from time to time in force as well as before any judgement.
- The seller accepts no responsibility for the suitability of any item for any specific use.
- Delivery times quoted are to be treated as estimates only. Time for delivery shall not be of the essence of the contract unless previously agreed in writing by the seller. The seller shall be entitled to deliver the goods in one or more consignments unless otherwise expressly agreed.
- All prices quoted exclude delivery charges. The Buyer is responsible for the cost of delivery plus VAT. Standard deliveries are on an overnight service to a business address on a stated day only. The mainland UK delivery charge starts at £30.00 ex VAT per box and includes insurance and packing. Delivery of furniture orders is by quotation. Special deliveries to other addresses, or at specific times are by arrangement at extra cost. A packing charge of 8.5% will be applied to all export orders.
- All lampbases are wired and tested to current standards and CE marked. Fitted plugs will be connected to all lampbases in accordance with current regulations. Unless otherwise requested 13 amp square pin plugs with 3amp fuses will be fitted. Light bulbs are not included.
- The Buyer shall inspect the goods immediately on delivery thereof. Breakages and shortages must be notified in writing within 48 hours of receipt, otherwise responsibility cannot be accepted by the buyer to the seller. 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 the liability of the seller exceed the price of the goods. Replacements for damaged goods will be charged and credit issued on the returns of the damaged goods to the seller in the original packaging. The buyer may not cancel the order without the consent of the seller.
- Goods returned at the buyer’s request must be by prior written agreement with the seller and must be returned in their original packing to ensure no damage is sustained during transit and will be subject to a restocking charge of 25%. All returns must be directed to a UK delivery address to be provided by Brabin & Fitz on request.
- Where the “buyer” receives a delivery and the outer packing is damaged in any way. The “buyer” must sign for the parcel/parcels as “Damaged”. Signing, as “unexamined” cannot be accepted for claims. We regret that we cannot entertain any claim, which is not identified to the carrier as having been received “Damaged”.
- Prices quoted are in pounds sterling unless otherwise stated. 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. The seller reserves the right to change prices without notification. The trade or wholesale price is exclusive of VAT, which shall be due at the rate ruling at the date of the seller’s invoice.
- The seller shall use its best endeavours to ensure that the information contained in the seller’s catalogue, prices lists, advertisements or on the sellers web site are correct at the time of publication. However, the seller shall not be under any liability for any damage, loss or expense resulting from any error or omission contained in the seller’s catalogue or web site. These descriptions and illustrations are given to present a general idea of the goods described therein, and nothing contained in these descriptions or illustrations shall form part of the contract. All measurements given are approximate in respect of width, depth and height.
- Ownership of all goods, whether delivered to the buyer or not, remains with the seller until such time as payment is received in full.
- The seller’s policy is one of continuing development and improvement. Consequently, the seller reserves the right to change or amend specifications without prior notice.
- English law shall govern all disputes arising out of or in connection with the contract, and the buyer accepts the jurisdiction of the Courts of England.
Terms & Conditions | Brabin and Fitz lighting