Terms & Conditions

Orluna LED Technologies Ltd.

Revision Date: 8th September 2016

1. General

  1. For the purpose of these Conditions “the Company” shall refer only to Orluna LED Technologies Ltd. (also known as Orluna) and its employees. “Goods” shall mean any product, service or component supplied by the Company. “The Customer” shall refer to the party ordering or receiving the goods from the Company. The ordering of the goods from the Company shall be considered to be an acceptance of the Conditions stipulated here, and shall be taken as the only binding conditions of sale of the goods.
  2. No amendment to the conditions shall be accepted unless authorised formally and in writing by a Director of the Company.
  3. This agreement does not affect your statutory rights.


2. Credit Accounts

  1. The Company shall, at the discretion of the Managing Director only, provide credit accounts to purchasers with a developed trading history with the Company. A trading history shall be deemed to be developed once three separate Pro Forma invoices of roughly equal size have been received for the goods and paid by the Customer. The value of any credit account shall be decided by the Company at time of issuance, and is subject to change or revocation without notice.


3. Quotations and Prices

  1. (1) All quotations are provided at current prices and may be subject to alteration. The Company reserves the right to amend any quotation in writing as necessary, with notice provided for any changes. All quotations for the goods are valid for the receiving party only, and cannot be transferred without express permission of the Company. Additionally, in the instance any alteration of quantity or specification of request by the receiving party, the Company must be notified immediately or as soon as reasonably possible and prices therein will be subject to change.
  2. All price lists are valid on the date of issue and will cease to be valid upon issuance of any subsequent price list. Prices may be subject to change without notice.
  3. The Company accepts no responsibility for any loss suffered by the Customer in respect of delay or price increase. Where no period is stated in the Company’s quotation, the contents will be valid for 60 days.

 

4. Carriage and Delivery

  1. A standard carriage charge of £14+VAT will be applied to all UK orders, subject to change. Method of transportation shall be at the discretion of the Company. Delivery dates are quoted in good faith but shall not amount to a contractual obligation to provide the goods by such a date. The Company accepts no liability for direct or consequential loss arising from any delay, and the delivery date shall not be treated as of the essence of the contract.
  2. Unless otherwise expressly agreed in writing by the Company, all orders shipped outside of the UK shall be provided Ex Works, with all costs relating to carriage and transport for the goods from the premises of the Company to their destination to be borne by the Customer, including but not limited to transportation, collection, customs duty, customs tax, import duty and import control measures.

 

5. Orders and Payment Terms

  1. Provision of a formal purchase order by the Customer shall be deemed to be a binding contractual obligation to purchase. Where a formal purchase order has not been or cannot be provided, any written request to purchase goods from the Company by the Customer or its representatives shall be taken as a formal purchase order.
  2. Orders will be accepted only by formal purchase order in written format. Failure to comply will negate any subsequent claim for incorrectly supplied goods. Cancellations will only be accepted in writing and could result in charges to the Customer.
  3. Payment for any customer not holding an authorised credit account with the Company will be by pro forma before commencement of manufacture of goods. Payment must be made in full by BACS transfer or cheque to
    the Company’s nominated account. Failure to do so promptly may lead to delays in manufacture and could adversely affect the quoted delivery date.
  4. Payment for customers holding a credit account authorised by the Company shall make full payment within 30 days of the end of the calendar month of delivery of the first part of the order. If an order would take an account over its authorised credit limit, the balance of the order shall be payable by pro forma as outlined in paragraph 5 (3). The Company reserves the right to withhold any goods and revoke any account found to be operating outside of credit limit terms including for overdue payments. The Company accepts no liability for accounts revoked. Interest will be charged at 5% above the Bank of England base rate on any overdue payments.

 

6. Damage, lost in transit and Shortages

  1. The company will, when the quoted price includes a delivery charge, repair or replace free of charge any goods damaged in transit, provided that the carriers and the Company receive written notice of such damage within two working days of delivery. Goods should be checked to be in accordance with the Delivery Note provided with the goods upon receipt and if received in a damaged or unsatisfactory condition must be signed for as such.
  2. Shortages must be notified to the Carrier within two working days of delivery, failing which no liability will be accepted. Non-delivery of goods must be reported in writing to the Company within two days of receipt of invoice or advice of despatch, whichever is the earlier.
  3. The Company accepts no liability for loss or damage where such notification has not been provided within two working days of delivery.

 

7. Returns

  1. Due to the highly bespoke nature of all goods supplied by the Company, goods supplied in accordance with official Acknowledgement or Pro Forma cannot be returned without express written permission. Carriage costs relating to such returns are to be borne by the Customer. Goods shall not be sent back to the Company without a formally issued RMA code, valid for the specified return requested in writing only. The Company accepts no liability for returns received of quantities or types not specified at point of issuance of RMA number.
  2. Goods deemed by the Company to be custom or special by their nature cannot be returned.
  3. All accepted returns will be subject to a 20% restocking fee.


8. Warranty

  1. The rights and remedies outlined here are in addition to your statutory rights.
  2. Luminaires manufactured by the Company are guaranteed against any defective workmanship or materials for a period of 60 months (5 years) from the date of order. In the event of failure, the Company undertakes to repair or replace free of charge either the whole or any component part of the goods deemed by the Company to be defective as a result of such manufacturing or material fault provided that (i) the Company is notified of any defect within 10 working days of the defect arising, (ii) the goods were originally installed as intended and by a formally certified electrician, (iii) the goods have not been modified or altered in any way, (iv) the goods have been used in accordance with the instructions and warnings provided and have not been misused, and (v) the goods have not been previously repaired by any person other an authorised representative of the Company.
  3. In line with warranties of suitability for purpose provided by their respective manufacturers, all power supply units supplied by the Company are guaranteed against any defective workmanship or materials for a period of 24 months (2 years) from the date of order. This warranty shall be extended to 60 months (5 year) where the customer is supplied the Lightech Beetle power supply. In the event of failure, the Company undertakes to replace free of charge the whole unit as deemed necessary by the Company provided that (i) the Company is notified of any defect within 10 working days of the defect arising, (ii) the goods were originally installed as intended and by a formally certified electrician, (iii) the goods have not been modified or altered in any way, (iv) the goods have been used in accordance with the instructions and warnings provided and have not been misused, and (v) the goods have not been previously repaired by any person other an authorised representative of the Company.
  4. Where a defective product cannot be repaired and is no longer available for replacement, the Company will at its discretion provide a suitable alternative replacement of similar specification and quality.
  5. The decision of the Company regarding replacement or repair under warranty is final.
  6. The Company accepts no liability for loss, damage, cost or expense caused by defective goods.
  7. These rights are not extended to persons acquiring goods second hand, or not as the original intended recipient.

 

9. Limitation of Liability

  1. Subject to Section 8 of this agreement, the following provisions of Section 9 laid out here set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) in respect of any breach of these Conditions and any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
  2. All terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
  3. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or for fraudulent misrepresentation.
  4. The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the price paid by the Customer. The Company shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses, economic loss or other claims for consequential compensation (howsoever caused) which arise out of or in connection with the goods.
  5. The Customer warrants that any installation of the goods will be performed by properly trained staff and agrees that it shall be solely responsible for any use to which the Goods are put after delivery.


10. Title

  1. Notwithstanding delivery of the goods to the Customer, ownership of the goods (both legal and equitable) will not pass but remain with the Company. Risk in the goods will pass to the Customer on delivery to the address noted in the official Acknowledgement or Pro Forma from the Company.
  2. Property in the Goods will pass to the Customer when all outstanding debts owed to the Company in respect of the goods relevant to this contact have been paid in full.
  3. If payment owed by the Customer under this contract becomes overdue in whole or in part, of if the Purchaser shall commit any other breach of this contract or any act of insolvency, the Company shall be entitled (without prejudice to any of its other rights) to treat this contract as discharged, and to repossess the Goods, the subject of this contract, or the mixed goods, or any of them, as the case may be, and to enter upon any premises where the Goods may be situated for that purpose.


11. Force Majeure

  1. The Company shall not be liable for its failure to perform any contract if such failure arises from War, Civil Disturbance, Fire, Strikes, Lock-out, Flood or Parliamentary Status or other rules issued by any Government Department or any other causes similarly beyond the Company’s control.


12. Errors and Omissions

  1. The Company will not be bound by any statement, quotation, price, specification or any other information where such statement, quotation, price, specification or other information has been given in error provided the Company notifies the recipient within 14 days of the error. Similarly, the company will not be bound by any statement, quotation, price, specification or any other information containing errors or omissions provided the Company notifies the recipient within 14 days of the error or omission.


13. Address
Orluna LED Technologies Ltd, Unit C, Holly Industrial Park, Ryan Way, Watford, WD24 4YP

Registered address: Orluna LED Technologies Ltd, Unit C, Holly Industrial Park, Ryan Way, Watford, WD24 4YP

Registered in England No. 08887993

VAT No. 191863478