Terms and Conditions
Legend LED Lighting is a trading name of Target Trading 2007 Ltd Reg 6428856 VAT 918 355507
In these terms and conditions the seller shall be ‘Target Trading 2007 Ltd’ and the buyer shall be the person named on the sellers order form or where such form is not used, the person named on the order form supplied to the seller.
These terms and conditions apply in preference to and supercede any terms and conditions referred to, offered or relied on by the buyer whether in negotiation or at any step in the dealings between the seller and buyer with reference to the goods and/or services to which this contract relates. Without prejudice to the generality of the foregoing, the seller will not be bound by any standard or printed terms furnished by the buyer in any of its documents, unless the buyer specifically states in writing separately from such terms that it intends such terms to apply and the seller acknowledges such notification in writing. In these terms and conditions the seller shall be ‘Target Trading 2007 Ltd’ and the buyer shall be the person named on the sellers order form or where such form is not used, the person named on the order form supplied to the seller.
Neither the buyer nor the seller shall be bound by any variation waiver or addition to these conditionsexcept as agreed by both parties in writing and signed on their behalf.
a) The seller does not accept any liability or responsibility, or provide any undertaking regarding the suitability of the goods and/or services offered to the buyer, even though they may be suitable to the buyer. This disclaimer of liability is necessary as the seller has no control over the manufacture or development of goods/services supplied, over the use to which they may be applied or over the conditions under which they may be stored.
b) The seller accepts liability for death or personal injury arising out of its negligence or the negligence of its servants or agents.
c) In no event shall the seller be liable for incidental or consequential loss or any loss of business profit.
d) The maximum liability of the seller under these terms and conditions shall be the contract price of the goods and/or services.
e) Nothing in this clause shall affect the statutory rights of a consumer under the Unfair Contracts Act
1977 or the Sales of Goods Act 1979.
a) Unless otherwise agreed, prices are quoted exclusive of Value Added Tax and delivery charges.
b) All quotations and estimates issued by the seller on the order forms or elsewhere are, unless otherwise stated, based on the current cost of the goods and/or services and are subject to amendment before acceptance to meet any rise in such costs.
c) Any variation to prices quoted as result of government taxes and levies will be for the buyers account.
d) No quotation on an order form or otherwise shall be taken as an offer but only as an invitation to treat.
a) Payment for goods and/or services is due as stated on the order form. If credit terms have been agreed payment is due 7 days from the date of delivery unless otherwise stated on the order form.
b) If payment of the price or any part is not made by the due date the seller shall be entitled to: (i) charge interest on the outstanding amount at the rate of 2.5% per month calculated on a daily accruing basis, (ii) require payment in advance of delivery of undelivered goods and/or services, (iii) refuse to make delivery of any undelivered goods and/or services whether ordered under the contract or not and without incurring any liability whatever to the buyer for non-delivery, (iv) terminates the contract.
The buyer shall be entitled to the benefit of such manufacturers’ warranties as are available in respect of the goods supplied.
The risk shall pass to the buyer at the time of delivery to the buyer’s premises or any other agreed delivery address.
The seller undertakes to use its best endeavours to despatch the goods (or deliver any services) on the promised delivery date (if any) but does not guarantee to do so. Time shall not be the essence of the contract unless expressly so stipulated in writing and agreed by the seller.
a) Title to the goods shall not pass to the buyer until the date on which the entire contract price has been paid in full and any cheques cleared.
b) If the buyer fails to pay any sum due to the seller forming part of the contract price or if the buyer enters into liquidation, commits any act of bankruptcy or has a receiver/liquidator/administrator appointed in respect of its property or enters into any voluntary arrangement, composition or scheme with its creditors, the seller may retake possession of the goods and the buyer grants to the seller an irrevocable licence to enter any premises of the buyer for that purpose.
c) Until the earlier to occur of either (i) recovery and physical possession of the goods by the seller in accordance with the above clauses or (ii) payment to the seller, the buyer agrees to hold the goods as bailee of the seller.
10. FORCE MAJEURE
If delivery is delayed by strikes, lockouts, fire, accidents, defective materials, delays in receipt of raw materials or bought-in goods or components or by any other cause beyond the reasonable control of the seller, a reasonable extension of time for delivery shall be granted.
The seller reserves the right to refuse cancellation of any order particulary (but not thereby limiting the generality of the sellers rights) in the case of goods ready for despatch, in transit or in the process of manufacture.
The seller is not obliged to accept return of goods for credit where they have been correctly supplied.
Where the seller voluntarily accepts a return a handling charge of £25 will be charged. No credit will be given unless the goods are returned in perfect resealable condition with a note of the invoice number under which they were supplied.
13. SHORT DELIVERY AND DAMAGED GOODS
No claim for short delivery will be entertained unless notified within 24 hours of delivery. No claim for damaged goods will be allowed unless notified in writing to the sellers within 48 hours of delivery and all damaged goods must be returned to the seller before a credit or replacement can be arranged.
The contract shall be deemed to have been made in England. The parties to the contract shall submit to the jurisdiction of the English Courts. English Law shall be the proper law of the contract.