Terms & Conditions
By purchasing any of our products you are agreeing on the terms and conditions as stated below;
NO GLASS OR BULBS ARE INSURED IN TRANSIT.
Prolight Direct Ltd – Terms and Conditions
1. DEFINITIONS: In these Terms and Conditions “Purchaser” means’ the person, firm or company purchasing the products.
“Products” means the goods or Services which are the subject of the contract between Prolight Direct Ltd and Purchaser and “Contract” means any contract between Prolight Direct Ltd and Purchaser of which these Terms and Conditions form a part.
2. CONDITIONS OF SALE: Unless otherwise agreed in writing by Prolight Direct Ltd all sales of Products shall be subject to these Terms and Conditions AND THESE TERMS AND CONDITIONS SHALL BE THE SOLE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN PROLIGHT DIRECT LTD AND PURCHASER. Any Terms and Conditions printed on Purchaser’s Purchase Order or related documents shall not be applicable if in conflict with these Terms and Conditions.
3. TITLE TO PRODUCTS; RISK OF LOSS:
(a) Notwithstanding delivery, to Purchaser, Prolight Direct Ltd shall retain title to Products until Prolight Direct Ltd has received payment in full of all sums due in connection with all products and services supplied by it to Purchaser. Prolight Direct Ltd shall be considered to have received a payment only when the amount of the payment is irrevocably credited to its bank account.
(b) Purchaser shall store products owned by Prolight Direct Ltd in such a way that they are so identifiable and shall maintain records of such products identifying them as Prolight Direct ‘s property, or the persons to whom it sells or disposes of such products and of the payments made by such persons for such products. Purchaser will allow Prolight Direct Ltd to inspect such records and products on request. All products supplied by Prolight Direct Ltd in Purchaser’s possession shall be presumed to belong to Prolight Direct Ltd (unless Purchaser can prove otherwise).
(c) Prolight Direct Ltd shall be entitled to trace the proceeds of sale and any insurance proceeds received in respect of products belonging to it. Such proceeds shall be paid into a separate bank account and shall be held by Purchaser on trust for Prolight Direct Ltd.
(d) If Purchaser fails to make any payment to Prolight Direct Ltd when due, enters into bankruptcy, liquidation or a composition with its creditors, has a receiver, manager, administrator or administrative receiver appointed of all or part of its assets or becomes insolvent, Prolight Direct Ltd shall have the right, without prejudice to any other remedies:
to enter without prior notice any premises where products owned by it may be located and to repossess and dispose of products owned by it so as to discharge any sums owed to it by Purchaser; to require Purchaser not to resell or part with possession of any products owned by Prolight Direct Ltd until Purchaser has paid in full all sums owed by it to Prolight Direct Ltd; and
iii to withhold delivery of any undelivered Products and stop any Products in transit.
(e) Unless Prolight Direct Ltd expressly elects otherwise any Contract between it and Purchaser for the supply of Products shall remain in existence notwithstanding any exercise by Prolight Direct Ltd of its rights under this paragraph.
(f) Prolight Direct Ltd reserves the right by giving written notice to Purchaser to transfer title in products belonging to Prolight Direct Ltd at any time after delivery.
(g) Unless otherwise agreed in writing, Prolight Direct Ltd shall insure Products while In transit; thereafter all risk of loss or damage shall pass to Purchaser. Any use of “FOB”, “GIF”, or similar terms on the face hereof shall apply to price only and shall not affect the time of transfer of property or of risk of loss, which shall occur as set forth above. In respect of sea transit, Section 32 (3) of the Sale of Goods Act 1979 shall not apply to any sale made hereunder. Shipments must be inspected by Purchaser and written notification of any damage or shortage made to the carrier and Prolight Direct Ltd within 14 days after receipt.
4. DELIVERY: Prolight Direct Ltd shall not be liable for delays in delivery or failure to manufacture due to causes beyond its reasonable control including, but not limited to, acts of God, acts or omissions of Purchaser and/or civil or military authorities, fire, strikes, industrial action, floods, quarantine, restrictions, riot, war, delays in transportation and inability to obtain necessary labour, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay. Where any delay in delivery or failure to manufacture or deliver amounts to a breach of contract Prolight Direct Ltd shall be liable to pay damages only in respect of loss which was expressly contemplated by both parties when the Contract was made as a probable result of such a breach and Prolight Direct Ltd shall not be liable to pay any damages whatsoever in respect of consequential loss (which term shall include but not be limited to loss of profits). Prolight Direct Ltd shall not be liable for any breakages of any glass products including bulbs that are shipped. All glass products are the responsibility of the purchaser. If the purchaser does not want to take responsiblilty for any of the glass products they should then collect from our warehouse or arrange their own courier collection.
5. PAYMENT; CREDIT: Terms of payment are as shown on the face hereof and Prolight Direct ‘s obligation to deliver Products shall be subject to such terms. Time of payment is of the essence. If at any time the financial condition of Purchaser so warrants, in the opinion of Prolight Direct, or if Purchaser fails to meet Prolight Direct ‘s credit requirements Prolight Direct Ltd may alter or suspend credit and/or delay delivery until such terms are met without incurring any liability. If payment is not made when due Prolight Direct Ltd may charge interest at the rate of two per cent (2%) per month on the balance outstanding on a day to day basis until payment is made in full and/or delay or suspend deliveries, stop production, reject orders or cancel any Contract without liability. If Purchaser enters into bankruptcy, liquidation or a composition with its creditors or has a receiver, manager, administrative receiver or administrator appointed of all or any part of its assets or becomes insolvent Prolight Direct Ltd may cancel any Contract. All of Prolight Direct ‘s rights and remedies set forth in these Terms and Conditions are cumulative and the exercise of one shall not preclude the exercise of another, nor prejudice Prolight Direct ‘s right to recover damages arising out of any breach by Purchaser.
6. PRICES; CURRENCY FLUCTUATIONS: Prices for Products/Services are shown on the face hereof. Such prices are based on the U S Dollar/Sterling & Euro / Sterling rate of exchange stated in Prolight Direct ‘s quotation or on the face hereof, or, if not so stated, on the rate of exchange used by Prolight Direct Ltd to convert its U.S Dollar prices into Sterling or Euro prices into Sterling. If the value of Sterling changes in relation to the U.S Dollar or Euro before shipment for any reason, including but not limited to official devaluation, the price of Products shall be recalculated and adjusted on the basis of the US Dollar/Sterling, Euro/ Sterling mid market rate of exchange at close of business on the date of shipment.
7. TAXES: Prices do not include value added tax or similar taxes, customs or import duties, costs of certificates of origin, or similar documents; consequently in addition to the price specified on the face hereof, the amount of any such taxes, duties or fees shall be paid by Purchaser.
8. WARRANTY AND LIMITATION OF LIABILITY: Prolight Direct Ltd warrants parts which it has replaced to be free from defects in workmanship and material for three (3) months under normal and proper use and service, except that: Used Products are warranted to be in working order for 28 days only.
The above warranty is subject to the following additional provisions:
(a) The warranty periods are computed from the date that risk of loss in Products passes unless stated to be computed upon hours of operation following delivery to Purchaser.
(b) Prolight Direct Ltd agrees at its option to repair or replace at either a designated manufacture or service centre, without charge (except as may be provided in any written warranty provided by Prolight Direct Ltd with such Products), all Products or parts thereof which are returned (subject to (d) below), transportation prepaid for Inspection to the manufacture or service centre, or to the dealer or distributor (if Products are purchased from such dealer or distributor), within the applicable warranty period provided such inspection discloses to the satisfaction of Prolight Direct Ltd that the defects are covered by the Prolight Direct Ltd warranty, the serial number or any parts thereof have not been altered, defaced or removed, and provided also that Products have not been: altered or repaired other than by Prolight Direct ‘s approved procedures, ii subjected to misuse, misapplication, improper maintenance, negligence or accident (including but not limited to failure of or excessive electric power or failure of environment control equipment), iii used with parts or components not supplied or approved by Prolight Direct Ltd.
(c) In the event of a dispute Prolight Direct Ltd shall have the right to final determination as to the hours of use and the existence, cause and nature of a defect.
(d) Products, or parts of Products shall not be returned to a Prolight Direct Ltd designated manufacture or service centre for inspection, replacement or repair without specific written authorisation from Prolight Direct Ltd. Prolight Direct Ltd reserves the right to inspect or repair on Purchaser’s premises.
e) Alleged non-fulfilment of warranty obligations by Prolight Direct Ltd shall not release Purchaser from Purchaser’s obligations under any Contract.
(f) If Purchaser defaults in payment under the Contract Prolight Direct Ltd shall not be bound by any warranty whatsoever in respect to that Contract.
(g) Replaced or repaired Products or parts shall carry only the unexpired term of the warranty applicable to the original Products or parts.
(h) Prolight Direct ‘s liabilities under this paragraph 8 shall be in lieu of any condition or warranty whether express implied or statutory as to the quality or fitness for any particular purpose of Products or any part of Products or any other matter. Save as in this paragraph 8 expressed neither Prolight Direct Ltd nor its servants or agents shall be liable whether in tort contract or otherwise in respect of defects in Products or for any loss or damage attributable to such defects, Including but not limited to any loss of use of Products (whether complete or partial) or loss of profits.
(i) Nothing in this paragraph 8 shall be construed as an attempt by Prolight Direct Ltd to exclude or limit its liability under the Consumer Protection Act of 1987, however, Purchaser shall indemnify Prolight Direct Ltd from and against all and any liabilities which Prolight Direct Ltd incurs under the said Act (or any statutory re-enactment thereof) as a consequence of Prolight Direct Ltd having supplied any Products or Services to Purchaser.
9. INSTALLATION: Prolight Direct Ltd will furnish one copy of a standard instruction book English setting forth pertinent information relating to installation and operation of Products. Purchaser will assume all responsibility for installation and operation of Products, including the obtaining of all permits, licences, or certificates required by any regulatory body for such installation or use. Prolight Direct shall have no obligations with respect to installation, maintenance or servicing of Products unless specifically agreed by Prolight Direct Ltd in writing.
10. CANCELLATION CHARGES: In the event Purchaser cancels any order or refuses to take delivery of all or part of a shipment, Purchaser shall be liable for the payment of cancellation charges equal to a percentage of the purchase price of Products or Services based on the number of days prior to scheduled delivery that such cancellation or refusal occurs as follows:
0 7 days 90%
8 15 days 50%
16 21 days 30%
The cancellation charges are bona fide pre-estimate of damages which would result from cancellation by Purchaser. If Purchaser delays acceptance of any scheduled delivery without Prolight Direct ‘s consent such delay shall be considered as a cancellation unless waived by Prolight Direct. The schedule of cancellation charges in this paragraph does not apply to non standard Products.
11. SOFTWARE LICENCE: Prolight Direct Ltd grants Purchaser a non-exclusive licence to use software furnished by Prolight Direct Ltd with Products (“Software”), only in conjunction with Products, and only so long as Purchaser owns Products. Software is composed of confidential and proprietary information, and Purchaser agrees: (i) not to copy, decompile or disassemble Software, or any part thereof and (ii) not to cause or permit Software, or any part thereof, to be disclosed to any person other than its employees. Prolight Direct Ltd retains title to Software. This licence may be transferred only to a subsequent purchaser of Products. Software may be subject to other Prolight Direct Ltd and/or third party software licence agreements which Purchaser agrees to execute upon Prolight Direct ‘s request.
12. GENERAL: Prolight Direct Ltd reserves the right to modify or change Products in whole or in part at any time prior to delivery thereof, in order to include therein electrical or mechanical refinements deemed appropriate by Prolight Direct Ltd, but, without incurring any liability to modify or change any Products previously delivered in accordance with earlier specifications, or to supply new Products. If the sale, resale or shipment of Products is subject to approvals, licences or laws of the United Kingdom, the United States of America or any other government performance hereunder by Prolight Direct Ltd is conditioned upon the granting of and compliance with all such approvals, licences and/or laws, and if such does not occur, Prolight Direct Ltd shall have the right without any liability to Purchaser to cancel any orders placed or to delay the shipment thereof until all such approvals and/or licences are granted and/or compliance assured. Purchaser agrees that it shall not resell, ship or otherwise dispose of Products in any manner which would violate applicable export laws and regulations of the United Kingdom or the United States of America. Any assignment of the Contract, or any rights there under by Purchaser without written consent of Prolight Direct Ltd shall be void, but Prolight Direct Ltd may, with notice to Purchaser, assign the Contract or any of its rights there under to Prolight Direct Ltd or any of its subsidiaries. ; These Terms and Conditions and the Contract shall be construed and applied in accordance with the law of England and Purchaser submits to the jurisdiction of the English Courts.
All customers purchasing electrical equipment from Prolight Direct Ltd agree that when they come to dispose of the equipment they agree to do this in an environmentally friendly way at their own expense and in accordance with WEEE regulations.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your credit card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your credit card account in the value of the incorrect price (including delivery charges).
You can pay by bank transfer or we also accept credit and debit cards including Visa, Mastercard. On the order you must provide us with your exact billing address and telephone number – the address and phone number your credit card bank has on file for you. Incorrect information will cause a delay in processing your order. Your order will only be processed once authorisation of your credit card has been properly received.
Availability of Goods
All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods.
All prices on our website are exclusive of delivery charges which will be added to the total value of your order at our checkout.
Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If we or our suppliers are temporarily out of stock, we will notify you of this position.
As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery.
Time Limitation for Notification of Claims
Damage in transit: If goods arrive in a damaged condition you must make a note on the carrier’s delivery consignment note and it will be your responsibility to inform us within 24 hours from delivery.
Shortages: It is your responsibility to sign for the correct number of packages as shown on the carrier’s delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 24 hours from delivery.
In-Correct Goods: It is your responsibility to notify us of any in-correct goods supplied within 24 hours from delivery.
Non-Deliveries: We will not accept liability for goods lost in transit unless we are notified within 24 hours from the expected delivery date.
If goods returned under this clause are found to be perfect and in full working order, these will be returned to you and an administration fee of 15% of the price of the goods along with the cost of carriage will be charged to your credit card account.