Terms & Conditions
Unless other terms and conditions are accepted by LEDSnaps Limited, the Company by means of a written amendment to these terms and conditions, the contract to supply goods and or services will be on the terms and conditions set out below the contract terms. Commencement of the supply of goods and or services from the Company confirms to the Company that the Customer has read, understood and agreed to abide by these terms and conditions.
All quotations given are subject to confirmation by the Company upon receipt of the Customers order and no contract shall be concluded until such confirmation is given, or the Customers order is otherwise accepted.
Unless otherwise stated, prices quoted are exclusive of VAT tax, duties and all costs of packing and carriage. The Company reserves the right to adjust such exclusive prices between the date of the quotation and the completion of the contract. If prices are varied after a contract has become binding, the Company shall give the Customer written notice of such variation and on receipt or such notice the Customer may cancel the contract. In a case where goods are to be delivered or services are to be supplied in instalments, the Customer may cancel only the undelivered goods or the unperformed part of the services. If the contract is not cancelled, the Customer shall be bound to pay the varied price in respect of the goods delivered or services performed after such notice is received. To be effective, the cancellations must be in writing and must be received by the Company within fourteen days of the date of such notice. The price quoted on pro forma invoices are only valid for the period specified thereon. If no period is specified thereon, then the prices quoted are valid until the end of the calendar month in which the pro-forma invoice was raised.
- Delivery and performance of services
Delivery or performance dates or periods are estimates and are not binding on the Company. The Company will endeavour to complete the contract or deliver the goods by the estimated date or within the estimated period or within a reasonable time limit if there is no estimated date or period, but in no circumstances will the Company be liable for any loss or damage of any kind whatsoever arising directly or indirectly from any delay in the completion on the contract or delivery of the goods however caused unless such delay exceeds 120 days, nor will any such delay entitle the Customer to terminate or rescind the contract. The Company reserves the right to make partial shipments. Any estimated delivery date or estimated performance period begins on the date of the Company’s acceptance of the Customers order (order confirmation) as required by Condition 2 or later if the Company receives at a later stage from the Customer any further information, which it may require to proceed with the contract. The Customer agrees to supply such information promptly and to accept the goods or services by or within the estimated delivery date or estimated performance period specified in the contract and to give any necessary instructions for delivery or performance accordingly. The goods shall be and thereafter remain at the Customers risk from the time of delivery to the Customer or to the Customers carriers as specified in the delivery term (Incoterm) of the contract, but the property in the goods shall not pass to the Customer until the Company has received payment in accordance with Condition 6. Unless otherwise agreed in writing, the delivery terms are EX WORKS and are subject to carriage charges unless the company has offered has explicitly offered free carriage on the order. The property (both legal and equitable) in the goods shall not pass to the Customer until the purchase price of the goods together with all costs incurred has been paid in full. Prior to the property of the goods passing to the Customer, the Customer may deliver the goods to a third party pursuant to a bona fide and arm’s length agreement to resell the goods, but such liberty will cease upon the happening of any of the events referred to in Condition 16. At any time after the payment of the goods has become due but remains unpaid, the Company may elect to rescind the contract and/or recover any/all goods, which are still the Company’s property and may enter onto any premises where such goods may be for the purpose of affecting such recovery. Such payment will be deemed immediately due if any of the events referred to in Condition 16 shall occur. Where the goods are re-sold by the Customer and at the time of such resale the legal and equitable title in the goods has not passed to the Customer, then the proceeds of such resale will be held by the Customer in a fiduciary capacity on trust for the Company, and the Customer will account to the Company for the same to the extent necessary to pay the price of the goods. Any goods that are sent to the Customer on a loan or demo basis must be returned to the Company at the expense of the Customer on the date specified at the time of arranging the loan or demo, or that is stated on the loan form, which should be signed and returned before any goods are dispatched.
- Cancellation by the Customer
No contract shall be subject to cancellation or suspension by the Customer in whole or in part without the written consent of the Company, and the Company shall be entitled as a condition of granting such consent to require the Customer to pay all loss and damages suffered by the Company as a result of such cancellation or suspension. Exception to this is when the goods have been customised e.g. deviating from the standard LEDSnaps product line as requested by the Customer. In this case, the order cannot be cancelled.
In the case of a sale to a Customer that has been granted credit facilities by the Company, payment by the Customer is due, as per agreed payment terms, counting from delivery date of the goods. If the Customer fails to pay the Company by the due date, the Company may either suspend all further deliveries or performances of services until payment is made in full or cancel the contract and any other contracts between the Customer and the Company in so far as goods remain to be delivered or services remain to be performed there under. Furthermore, all sums owed by the Customer to the Company, whether on any account whatsoever or otherwise, shall immediately become due and payable in full. The Company reserves the right to charge interests when payment has not been made on the due date, at the rate of 8% per month, calculated from the time of the due date of payment down to receipt by the Company of any outstanding balance.
The Company guarantees goods against defects of material and workmanship under normal usage for a period of two years from date of sale to end customer. Proof of purchase is mandatory and original receipt / invoice must be submitted to determine if the product is under warranty. The Company shall not be liable for any indirect claims or losses appertaining to the Customer. Note also that this guarantee shall be deemed invalid if the goods have been used for any purpose other than those for which they were intended or otherwise than in accordance with the Company’s instructions, or have been subjected to excessive voltages, or stored under improper conditions, or otherwise abused or tampered with, or if the Company’s trademark or serial number has been removed, defaced or altered. If the Customer is unable to repair the product, it must be sent back to the Company to be repaired, and the Customer shall cover all expenses associated with the return of the product to the Company. The Company will cover the cost of returning the product to the Customer based on standard freight. The return must be in original packaging and safely stowed. If the Company replaces the defective part in accordance with the foregoing provisions, the defective part shall be and remain the property of the Company. The defective part, repaired or replaced, will only be guaranteed for the unexpired period of the warranty applicable to the related product. Products and parts subject to repair may be replaced by refurbished products/parts of the same type rather than being repaired. Refurbished parts may be used to repair the products. Replacement of the product or a part does not extend or reset the warranty term. The Company reserves the right to recommend a Service Centre / Distributor for the repair or replacement if more convenient for the Customer.
- Returns (RMA)
No goods may be returned by a Customer without the Company’s prior consent. Requests for spare parts, replacement products, or product repairs must be submitted through the RMA form, available in the Service & Aftersales section of the Customer Account on the Company’s website. If the product is under warranty, proof of purchase must be submitted as part of the RMA request as mentioned in Condition 7. Spare(s) or exchange product(s) to be returned to the Company, will be invoiced to the Customer, and credited upon receipt of the faulty spare part(s) or product(s) by the Company. Defective components must be returned by the Customer at the Customers’ expense within 30 days of receipt of part(s) or exchange product(s) and must be safely stowed and clearly labelled with the RMA number. All spare(s) or exchange product(s) returned to the company must be accompanied with a copy of the RMA form and state the reason for the return. If items are returned for a deemed invalid reason, and without prior consent, the Company will reserve the right to charge a restocking or handling fee to the Customer. If the product is not returned in proper packaging, the Company reserves the right to charge a handling fee as stipulated in Condition 7.
- Loss or damage in Transit
In the case of a sale where the goods are to be delivered by or on behalf of the Company, the Company will repair or, at its option, replace free of charge any part of the goods lost or damaged in transit, provided that the Company and the carrier are given written notice of such loss or damage within the time required by the carriers conditions of carriage or within 3 working days of the arrival of the goods (or in the case of non-delivery of the goods within 7 working days of dispatch), whichever is the earlier. All packaging goods arrived in must be kept for evidence.
a) Except as expressly otherwise provided in these Conditions the Company shall be under no liability whatsoever in respect of the quality, condition or description of the goods supplied or their fitness for any particular purpose; or for loss, damage, injury or death of whatsoever nature and howsoever caused to the Customer, the Customers property or to any other person or such persons property,
- b) whether under contract, caused by any negligence or other tortuous act, caused by the delivered products (product liability), or in connection with any statement given or made (or advice not given or made) by or on behalf of the Company (except that in the case of sale of goods to a Customer, the Company will be liable for personal injury or death resulting from the Company’s negligence) and all conditions, warranties, representations and stipulations whether express or implied by statute common law, custom or otherwise are hereby expressly excluded. The exclusions and restrictions of liability contained in Conditions 7 and 9 shall not apply to any implied condition that the Company has or will have the right to sell the goods when the property is to pass or when the Customer deals as a consumer, nothing in these Conditions shall affect the statutory rights of the consumer.
- Force majeure
The Company assumes no liability or responsibility for the consequences arising out of the interruption of its business by natural causes, floods, fire, explosions, riots, civil commotions, insurrections, wars, acts of terrorism, or by any strikes or lockouts or any other causes beyond its control.
Where any goods are manufactured and/or installed in accordance with any design drawing or specification of the Customer, the fact that the Company has undertaken the contract shall not be constructed as a guarantee, warranty or representation of the practical ability of construction or of the efficiency, safety or suitability of goods to be supplied or of work to be executed by the Company, and the Customer hereby indemnifies the Company as a result of any goods manufactured to the Customers design or specification infringing any patent, registered design, copyright or similar protection, or the provisions of any statue or any statutory instrument or regulation for the time being in force.
The Customer shall indemnify the Company against all damage or injury to any person, firm or company and against all proceedings charges and expenses for which the Company may become liable in respect of the goods sold or services supplied under the contract except to the extent that the Company expressly in the contract terms accepts liability to the Customer or unless such damage or injury shall have been a direct result of the negligence of the Company and can be attributed to no other cause (whether in whole or in part).
Specifications and information accompanying the quotation or confirmation of order are under the copyright of the Company and must not be divulged or used without its written permission. The Company reserves the right to modify the design of goods without notice provided the performance of the goods is not adversely affected.
- Governing law and jurisdiction
The place of jurisdiction is the United Kingdom, and the venue is the court for the region where the company is located. The laws of the United Kingdom govern any disputes, including in relation to the existence or validity of a contract.
The Company shall be entitled to terminate the contract immediately if the Customer has a bankruptcy order made against him, has entered liquidation (whether voluntary or compulsory), is under administration, or any insolvency proceedings exist against the Customer.