Please read these conditions carefully before using Light Planet Services. By using Light Planet Services, you signify your agreement to be bound by these conditions. We offer a wide range of Light Planet Services, and sometimes additional terms may apply. When you use a Light Planet Service, you will also be subject to the terms, guidelines and conditions applicable to that Light Planet Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. No variation waiver or addition to these conditions will be accepted by OCG Lighting Technology Ltd unless agreed in writing and signed by a Director of the Company.
(a) We, Us, Our, OCG Lighting Technology, LightPlanet, LightPlanet.co.uk and variants on LightPlanet shall mean LightPlanet a trading group of OCG Lighting Technology Limited, a company incorporated in England with registered number 10437947, having its registered office at 3 Brook Business Centre, Crowley Mill Road, Uxbridge, UB8 2FX.
(b) Customer, You, Your, means the party placing an order for lighting products ("the Goods")
By placing with Us a written purchase order (whether electronically or otherwise) You are offering to buy from Us the Goods on the Terms hereinafter defined. The Terms are those set down herein as modified by those specific terms set down in Our Proposal to You. No terms that You may purport to incorporate on any printed stationery or otherwise used by You to confirm the order are incorporated into this Contract and You acknowledge that You have not relied on any statement, promise or representation made or given by us which is not set out in the final written Proposal to You. These Conditions and the signed Proposal constitute the entire Agreement between You and Us.
We reserve the right to modify alter or substitute the Goods to comply with statutory or EU regulations or to improve facilities or performance.
The price of the Goods shall be the price as set out in our signed Proposal or, if no price is quoted, the price set out in our published price list in force at the date of delivery. Save in the case of a special order where We may request payment in advance, payment shall be made in UK pounds sterling within 30 days of the date of invoice. We reserve the right to charge interest on overdue amounts at the rate of 4% per annum above the base rate of HSBC Bank plc. Prices for the Goods are stated exclusive of VAT unless otherwise indicated. You must pay all the amounts due under the Contract in full without any deduction and You are not entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part.
a) Delivery dates are approximate and We accept no liability for any delay. Time for delivery shall not be of the essence. Delivery shall be deemed to take place on the date of the first attempt at delivery to Your premises or such other place as specified in writing for delivery.
(b) All Goods must be signed for by Your authorised representative.
(c) We shall be entitled to determine the route and manner of delivery of the Goods, and make partial deliveries of the Goods or deliver the Goods by instalments.
(d) Where the Goods are delivered in instalments, each delivery shall constitute a separate contract and failure by Us to deliver any one or more instalment or any claim by You under these Conditions shall not entitle You to reject further instalments or cancel any further contract.
(e) Delivery is to the threshold of Your premises, which shall be deemed to be Goods Inwards or in the absence of this the main reception at the specified delivery address.
Risk in the Goods shall pass to You on delivery. Title and ownership of the Goods shall not pass until payment in full has been received by Us. You shall act as Bailee of the Goods for Us until ownership has passed and You shall store the Goods so that they are readily identifiable as Our property. If payment is not made by the due date, We shall be entitled to enter Your premises to recover any or all Goods supplied by Us.
(a) If You fail to accept or otherwise cause or request a delay to delivery, You shall pay in addition to the price, all storage and other relevant costs.
(b) We shall be entitled to withhold delivery and put the Goods into storage if You have any invoices that are overdue.
(c) Where We arrange storage on Your behalf for the reasons stated above, all charges for storage, insurance and demurrage shall be payable by You.
(a) It is Your responsibility to satisfy Yourself that the Goods are suitable in all respects, in advance of placing Your Purchase Order with us and in advance of the installation by You or Your contractors.
(b) We have not reviewed the condition of the building or the wiring and controls therein. It is Your responsibility directly or through Your appointed contractor to do so.
(a) You must notify Us in writing within 3 working days of delivery of any discrepancy between the Goods supplied and those noted on the enclosed delivery note, or of any damaged goods.
(b) Goods delivered will not be accepted for return without Our prior written consent and in any event, Goods ordered in error will only be returnable if the original packaging is unopened and the Goods are fit for resale.
(c) No credit will be given to You for unauthorised returns and any costs incurred by Us in handling or disposing of the Goods will be borne by You.
(d) The Customer shall be subject to a handling charge of at least 25% of the price of the Goods if these have been incorrectly ordered by the Customer or are unwanted by the Customer and subsequently returned by the Customer. All incorrectly ordered or unwanted Goods must be returned by the Customer within four (4) weeks from the date of their purchase and must be current stock and in resaleable condition. Goods purchased by the Customer as part of a promotion or special offer run by the Seller cannot be returned, unless they are Faulty Goods.
(e) The Customer will not make any set off or deductions from accounts or withhold any monies due for any Goods unless expressly agreed in writing by Us.
(f) Invoice queries must be raised within 10 days of the date of invoice either in writing to OCG Lighting Technology Limited, at 3 Brook Business Centre, Crowley Mill Road, Uxbridge, UB8 2FX or by email to email@example.com.
(a) We warrant that lighting products ("Products") will be free from defects in materials and workmanship for two* (2) years following the date of shipment to the original purchaser (“Customer”).
(b) We do not warrant, and this warranty specifically excludes, (i) the suitability of the Products for any specific use or application, or (ii) compatibility of the Products with any other products not provided by Us.
(c) We reserve the right to investigate any warranty claims to resolve the problem or to determine whether such claims are proper. If any Product furnished by Us fails to conform to the above warranty, Our sole and exclusive liability will be, at Our option, to repair, replace, offer a reasonable alternative, or credit the Customer account with an amount equal to the price paid for any such Product which fails during the applicable warranty period provided that:
(i) The Customer shall notify Us of a claim for defective Goods within 3 days from the date of delivery or, where the defect was not apparent on reasonable inspection, within 7 days after discovery of the defect and furnishes an explanation of the deficiency and the Purchase Order or Our invoice number;
(ii) Such Product is returned in the original packaging to Our service facility at the Customer's risk and expense; and
(iii) We are satisfied that claimed deficiencies exist and were not caused by accident, lightning, abnormal voltage, water or fire, mishandling, wilful damage, misuse, neglect, alteration, repair, customer designs, improper installation, improper testing, improper packaging by the Customer, wear and tear, failure to follow operating or maintenance instructions as prescribed by Us or services performed by someone other than Us.
(iv) If Product is defective, transportation charges for the return of Product to the Customer within the United Kingdom will be paid by Us. For all other locations, the warranty excludes all costs of shipping, customs clearance and other related charges. We will have a reasonable time to make repairs, replace Product, or to credit the Customer account.
(v) Any Faulty Goods returned by the Customer that are subsequently tested by Us and found not to be faulty will be returned to the Customer and We reserve the right to charge to the Customer an administration and carriage charge of £50.00 on this occurrence.
(d) This limited warranty shall not apply to any Product, or parts thereof,
(i) From which Our serial number, Our model number, or other identification markings have been altered, removed or rendered illegible;
(ii) That has been damaged by or subject to improper installation or operation, misuse, accident, neglect and/or has been used in any way other than in strict compliance with Our operation and installation specifications;
(iii) That has become defective or inoperative due to its integration or assembly with any equipment or products not supplied by Us;
(iv) That has been repaired, modified or otherwise altered by anyone other than Us or Our authorised agent, and/or
(v) Has been subject to the opening of any sealed part without Our prior written consent. If any claim by the Customer falls within any of the foregoing exceptions, the Customer shall pay Us the then current rates and charges for repair services.
(e) No warranty is given as to whether or not the Goods infringe any third party patent, trademark, copyright, design right or other intellectual property right and with respect to such third party rights We transfer only such title as We may have to the Customer. However, We do warrant that at the time of acceptance of the Customer's order it is not actually (nor should it be reasonably) aware of any such infringement.
*3 years for our 2D replacement base models only (Codes: 24310, 24210, 24290, 24130, 24350 and 24200)
The Customer undertakes to indemnify Us against all claims relating to or arising from:
(a) Goods sold to the Customer by Us in respect of any loss, damage or expenses sustained (whether in negligence or otherwise) by any third party howsoever caused;
(b) acts and/or omissions (whether in negligence or otherwise) of the Customer that void and/or reduce the sum payable under Our insurance policy for the Goods; save for death or personal injury caused by the Customer's negligence.
(a) No guarantee is given that the information on the technical data sheets or otherwise is accurate, complete or current.
(b) Our total liability in respect of any order will not exceed the total purchase price of all the Goods in respect of which We are in default. If a number of defaults give rise to substantially the same loss or are attributable to the same or similar cause, then they will be regarded as giving rise to only one claim. We will be given a reasonable opportunity to remedy any default. Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
(c) Except as provided in clause 10(b), We will not be liable for:
(i) Loss of business, revenue, profits, anticipated savings (even where the same arise directly from a breach of these Conditions); or
(ii) Special, indirect or consequential loss, even if such loss is foreseeable by or in the contemplation of Us, or for any claim made against the Customer by any other person
(d) Except as otherwise stated in these Terms and Conditions, all conditions, warranties, terms and undertakings express or implied statutory or otherwise are hereby excluded to the fullest extent permitted by law.
(e) A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
(f) If any term or provision in this agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
(a) Neither party shall be liable to the other for any breach arising from, (and We may in our discretion allocate products, so as to supply fewer Goods than agreed, in case of,) events beyond the reasonable control of the other party or its sub-contractors or suppliers including but not limited to acts of God, war, riot, fire, strikes, terrorism, lock-outs or other forms of industrial action.
(b) Failure or delay by a party in enforcing or partially enforcing any provision of these Conditions shall not be construed as a waiver of any of its rights under any contract.
(c) If any provision of these Conditions is found to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected by that invalidity or unenforceability.
(d) These Conditions are subject to English law and the parties submit to the non-exclusive jurisdiction of the English Courts.
(e) These Conditions are not intended to be for the benefit of, and shall not be enforceable by any person who is not named at the date which the order is placed, under the Contract (Rights of Third Parties) Act 1999 or otherwise and neither party can declare itself a trustee of the rights under it for the benefit of any third party.
(f) Prices do not include the costs of any environmental charges including any approved uniform visible fee or any other fee arising out of the Directive 2002/96/EC on Waste Electrical and Electronic Equipment or any similar or derived legislation, and such additional costs will be invoiced to and payable by the Customer.
(g) All descriptions and illustrations and particulars of weights and dimensions and performance criteria issued by Us in catalogues, price lists, advertising matter and specifications are by way of general descriptions and approximate only and shall not form part of this contract.