All Goods Remain The Property Of Gantry Lighting Until Paid For In Full.
CONDITIONS OF SALE
1. Interpretation In these conditions: "Customer" means the person, firm or company so described in the order. "Conditions" means the standard terms and conditions set out in this document and (unless the context requires otherwise) includes any special terms and conditions agreed in writing between the Customer and the Company. "Contract" means the contract for the sale and purchase of Goods or the supply of services. "Delivery Address" means the address stated on the order. "Goods" means the goods or services referred to in an order placed by the Customer and where the context required means part only of such order. "Company" means Gantry Lighting.
2. Basis of the contract 2.1 The Contract shall only become effective when any order placed by the Customer is accepted by the Company. Every order placed must identify the Customers purchase order number without which it cannot be accepted. 2.2 These conditions shall apply to the Contract to the exclusion of any other terms and conditions on which the order is made or purported to be made. 2.3 Any order will lapse unconditionally unless accepted by the Company within 14 days of its date. 2.4 No variation to the order or these conditions shall be binding unless agreed in writing.
3. Specifications 3.1 The quantity, quality and description of the Goods shall be as specified in the order and/or in any applicable specification supplied by the Customer and in the absence of any particular specification, for example as to the finished size, the Company accepts no responsibility. 3.2 Where an order is placed by computer-readable file the Customer will supply with any order or upon request a visual layout of the desired end product. In the absence of a visual the Company accepts no responsibility for any incorrect interpretation of the Customers requirements. 3.3 Any change in the specification shall require the agreement of both parties and may involve an adjustment in the price.
4. Price The price of the Goods shall be as stated in the order and, unless otherwise so stated, shall be exclusive of any applicable value added tax (or equivalent) (which shall be payable by the Customer upon production of a proper VAT invoice).
5. Terms of Payment 5.1 The Company shall invoice the Customer on or at any time before delivery of the Goods and each invoice shall state the Customers order number as provided under condition 2.1. 5.2 Unless otherwise agreed, the Customer shall pay for the Goods on or before delivery. 5.3 The Customer shall pay interest on all sums overdue at the rate of 4% per annum over the base rate for the time being of HSBC Bank PLC such interest being calculated from the date when payment became due until payment is actually made whether before or after any court judgment. 5.5 Credit Card Security. Transactions are processed via HSBCs Secure ePayments system. Secure ePayments utilises 128 bit SSL encryption to process card transactions from our website. Payment details are captured within our secure infrastructure and therefore you can feel confident that confidential information is secure. Secure ePayments allows additional checks to be made to authenticate MasterCard and Visa credit cardholders using MasterCard ® SecureCode TM and Verified by Visa for orders taken from the Internet. The cardholder is able to authenticate him/herself with their card issuer by in putting a pre-arranged unique personal code. If the authentication information does not match the data held by the card issuer, the issuer will decline the transaction. 5.6 Returns Policy & Refunds All goods remain the property of Coker Exhibition Systems Ltd until full payment is received, unless specified terms stating otherwise in writing have been agreed by Coker Exhibition Systems Ltd All goods collected or received must be checked immediately on receipt. Any damage, faults, shortages or discrepancies must be advised in writing to Coker Exhibition Systems Ltd within 24 hours of receipt of goods. Signing a carrier’s delivery note “unchecked” does not absolve the persons receiving the goods from this condition. We do not offer goods on a “sale-or-return” basis. This is due to the fact that many of our products are made to customer specific orders. We will always endeavour to ensure that the goods requested are suitable for our clients needs prior to taking your order. We have a brochure, website, user literature information and a showroom where many of the goods can be viewed prior to purchase. All work undertaken, whether experimentally or otherwise, at the customer’s request, will be charged in full to the customer.
6. Delivery & Replacements 6.1 The Goods shall be delivered to the Delivery Address on the date or within the period stated in the order. 6.2 Where the date for delivery is not specified at the time of the order, the Customer shall give reasonable written notice of the proposed date for delivery. 6.3 The time of delivery is not of the essence. 6.4 The Customer shall be deemed to have accepted the whole of the Goods unless the Company is notified of any defects within 24 Hours of delivery in which respect time shall be of the essence. 6.5 Where notification of defects is given in accordance with 6.4 the Customer will afford the Company reasonable opportunity to inspect and investigate such claims and shall if so requested immediately return the Goods the subject of the claims to the Company. 6.6 Where notification of the defect is given in accordance with 6.4 the Company shall either replace the Goods with Goods of satisfactory quality or (at its option) shall credit the Customer with the price. 6.7 The Company shall have no liability to the Customer with regard to any claim in respect of which the Customer has not complied with the provisions of this condition.
7. Risk and Property 7.1 Risk of damage to or loss of the Goods passes to the Customer on delivery in accordance with the Contract. 7.2 The property in the Goods passes to the Customer upon payment in full. Until payment has been made in full the Customer will ensure the Goods are clearly marked as the property of the Company accordance with the Customers instructions and will store the Goods in such a way as to be readily identifiable from other goods. 7.3 Where payment for the Goods has not been made by the due date the Company shall (without prejudice to any other remedy) be entitled (but not required) to take possession of the Goods and shall be entitled to enter onto the Customers premises during normal business hours for such purpose.
8. Warranties and liability 8.1 The Company warrants to the Customer that the Goods: 8.1.1 will be of satisfactory quality; 8.1.2 will be free from defects in design, materials and workmanship; 8.1.3 will correspond with the specification to the extent that current reproductive techniques permit. 8.2 Without prejudice to any other remedy, if any of the Goods are not supplied in accordance with the Contract, the Company shall be entitled to replace those Goods or to credit the Customer with the price of them. 8.3 The Company shall indemnify the Customer against all liability and financial losses awarded against or incurred by the Customer as a result of or in connection with any breach of warranty given by the Company provided that the total liability of the Company shall in no circumstances exceed the price of the Goods. 8.4 Neither the Company nor the Customer shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Contract, if the delay or failure was beyond that partys reasonable control. Without prejudice to the generalilty of the foregoing, the following shall be regarded as causes beyond either partys reasonable control: 8.4.1 Act of God, explosion, flood, tempest, fire or accident; 8.4.2 War or threat of sabotage, insurrection, civil disturbance or requisition; 8.4.3 Acts, restrictions, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary of local authority.
9. Cancellation The Contract may only be cancelled by written agreement between the parties.
10. General 10.1 The Contract is personal to the parties and may not be assigned to any other party. 10.2 Any notice required or permitted to be given by one party to the other shall be addressed in writing to the other at its registered office, principal place of business or such other address as may at the relevant time have been notified to the party giving the notice. 10.3 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. 10.4 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected. 10.5 The Contract shall be governed by the laws of England.