1.1 ‘Buyer’ means the person who agrees to buy the goods from the Seller in the course of their business, trade or profession.
1.2 ‘Consumer’ means a person who agrees to buy the goods from the Seller and who has rights under current Irish Consumer legislation including the Sale of Goods Act 1893, the Sale of Goods and Supply of Services Act 1980, the Consumer Credit Act 1995 and the Consumer Protection Act 2007.
1.3 ‘Goods’ means the articles which the Buyer or Consumer agrees to buy from the Seller.
1.4 ‘Seller’ means LED Lighting and Electrical Distribution Group of Western Retail Park, Nangor Road, Dublin 12, Ireland.
1.5 ‘Price’ means the price for the Goods including carriage and packaging costs, but excluding VAT unless otherwise stated. Please note that a price quotation for orders for European and Worldwide destinations (excluding Ireland & UK) does not include the carriage fee.
2.1 Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Seller.
2.2 An order is deemed to be confirmed once a valid purchase order is received from Buyer or Consumer. Buyer and Consumer acknowledge that they have read and understood these terms and conditions as they appear in our current catalogue from which the Goods have been selected and/or our website (in the case of internet orders) and/or prior to sending a purchase order and in all applicable cases, agree to be bound by them.
2.3 Cancelled Delivery: An order may be cancelled up to the point of it being despatched with no additional charges. If the Goods have left Seller’s premises, then Buyer or Consumer shall pay the cost of carriage for shipping back to Seller. The local Area Sales Manager will issue a return authorisation to be sent with Buyer or Customer’s debit note. This only applies to orders cancelled within 24 hours of the order being placed. After this, the Goods can only be returned as a stock cleanse or Goods not required, under clause 8.2 or 8.3 below.
2.4 All orders for Goods shall be deemed to be an offer by Buyer or Consumer to purchase Goods from Seller and Seller’s delivery of the Goods ordered shall constitute acceptance of such offer.
3.1 Prices are in Euro (€) or Pound Sterling (£) or US Dollars ($) exclusive of VAT unless otherwise stated
3.2 Payment of the Price (and VAT unless otherwise stated) by Buyer shall be due strictly within the prior negotiated period of 30, 60 or 90 days as agreed between the parties from the date of the invoice and on approved accounts and in the case of Consumer or unapproved Buyer account sales, at the point of purchase.
3.3 If payment is not received from Buyer on the due date then without prejudice to any of the Seller’s other rights Seller may:
3.3.1 suspend or cancel deliveries of any Goods due to Buyer; and/or without prior notice
3.3.2 appropriate any payment made by Buyer to such Goods (or made under any other contract with Buyer) that Seller may in its sole discretion think fit: and/or
3.3.3 treat this contract as repudiated by Buyer.
3.4 Buyer or Consumer may not withhold payment of any invoice or other amount due to Seller by reason of any right of set-off or counterclaim which Buyer or Consumer may assert for any reason whatsoever.
4.1 The risk in respect of all Goods supplied by the Seller shall pass to the Buyer or Consumer upon delivery to the Buyer or Consumer or dispatch by Seller in accordance with Buyer or Consumer’s delivery instructions. It is Buyer or Consumer’s responsibility to inspect the Goods prior to acceptance. Signature of a delivery docket by or on behalf of Buyer or Consumer shall be deemed acceptance of the Goods in the condition in which they are delivered and release Seller from all liability in respect of damage in transit or shortages.
4.2 Where damage or loss or shortages occur to the Goods prior to risk passing to the Buyer or Consumer, it shall be Buyer or Seller’s responsibility to note such damage or loss or shortages on the delivery docket and, within 2 working days from the date of delivery, notify Seller in writing of the particulars in order to validate a claim, quoting the delivery docket reference.
4.3 Buyer or Consumer must return all Goods damaged in transit that have not been accepted to Seller properly packaged within one month of inspection
5.1 Ownership of the Goods shall remain the property of Seller until such a time as Buyer or Consumer has paid the Price (including VAT) in full, and no other sums whatever shall be due from Buyer or Consumer to Seller whether in respect of those Goods or delivered Goods the subject of any other order from Buyer or Consumer.
5.2 If Buyer or Consumer fails to make a payment for the Goods in accordance with the terms and conditions of this Contract or commits any other breach of this contract, or commits an act of bankruptcy or if Buyer or Consumer being a company is the subject of a winding up petition or resolution or a receiver shall be appointed over Buyer’s or Consumer’s assets all sums due in
respect of the Goods shall become payable immediately and Seller may in its absolute discretion and without prejudice to any other rights which it may have, exercise its rights pursuant to clause 3.3
6.1 The entire liability of Seller to Buyer or Consumer arising out of this contract shall be limited to repayment of the Price.
6.2 Seller shall not be liable for any loss, costs, damages, charges or expenses caused, directly or indirectly, by any delay in the delivery of the Goods.
6.3 The statutory rights of Consumer under current Irish legislation remain unaffected.
7.1 Prior to delivery Buyer and Consumer have the right to alter the order. Any changes to the order will be deemed a cancellation of the original order. A revised order confirmation will be issued by Seller. Seller reserves the right to alter the Price as a result of any change to an order requested by Buyer and Consumer.
8.1 Faulty Goods: Goods that are faulty (for reasons other than damage in transit) must be inspected by Seller’s local Area Sales Manager who will provide a return authorisation number to be included with Buyer or Consumer’s debit note. Without these documents the return will be refused and returned to Buyer or Consumer with a charge made for carriage and an administration charge of £45. Any Goods that are subsequently found not to be faulty will be returned to Buyer or Consumer, with no credit being issued and the carriage costs will be charged to Buyer or Consumer.
8.2 Goods Not Required: Any Goods purchased that are no longer required, incorrectly ordered or unwanted may be returned to Seller. On such occasions a handling charge of 25% plus the carriage to return the Goods will be applied. All Goods must be in resalable condition with the boxes undamaged and intact and be part of Seller’s current catalogue offer. Any Goods not required must be inspected by the local Area Sales Manager who will provide a return authorisation number to be included with Buyer or Consumer’s debit note.
8.3 Stock Cleanse: An annual stock cleanse is available to non-Consumer stockists. The value of the replacement order is a minimum of two for one. The following criteria must be adhered to:
8.4 Returns: Buyers and Consumers shall ensure that any Goods being returned are packed/wrapped sufficiently to prevent cartons being damaged. If Goods are damaged and not fit for resale, credit will not be issued for these Goods. Goods will be returned and a carriage charge to return will be applied.
8.5 Short Delivery: Buyer or Consumer must notify Seller’s Sales Office within 3 working days of receipt of delivery if there is a shortfall of Goods to invoice/delivery note. Requests received after 3 working days cannot be entertained.
9.1 This Contract is subject to the law of the Republic of Ireland and the parties submit to the non-exclusive jurisdiction of the Irish Courts sitting in Dublin