General

“The Company” means Kosnic Lighting Limited.

“The Conditions” means Terms and Conditions of Sales.

“The Goods” means the goods agreed to be supplied by the Company.

“The Purchaser” means any firm or company that has agreed to buy the goods. The company reserves the right to amend the Conditions.

All quotations are made and all orders are accepted subject to these conditions.

Quotations & Orders

(a) The Company reserves the right to withdraw its offer or revise Purchaser’s acceptance of a quotation unless such quotation is stated to be open within a certain period of time. Any sample submitted to the Purchaser is returnable as long as the sample is in a resalable condition.

(b) The Company reserves the right to accept or cancel orders, as well as to cancel the balance of any uncompleted order or to suspend delivery in the event of any of the Purchaser’s commitments to the Company not being met or if the Company is of the opinion that such commitment will not be met by the Purchaser.

Prices

(a) All prices quoted are net and subject to VAT, where applicable, at the standard rate as published by HMRC at the time of supply

(b) The price payable for the Goods will be the price as agreed between the Company and the Purchaser or, if there is no agreement as to price, the Company’s list price ruling at the date of invoice.

(c) The Company reserves the right to place any of its products on promotion at any time and subsequently withdraw product promotions at any time. The Company cannot be held responsible for orders placed on the standard pricing terms before and after the promotional activity.

Payment

(a) Unless otherwise agreed in writing, payment in full is due on the date of the Goods being dispatched.

(b) A 30-day account may be made available to the Purchaser subject to the Company’s acceptance, at its sole discretion, of a satisfactory credit account application from the Purchaser.

(c) In the event of default in payment by the due date, the Company reserves the right to charge late payment interest on the overdue amount at the stated statutory rate per annum as published by HMRC plus the prevailing bank base rate of interest as published by HSBC Bank Plc from the point when the payment becomes overdue.

Descriptive matter and Illustration

(a) All descriptions and illustrations and particulars of weights and dimensions and performance criteria issued by the Company in catalogues, price lists, advertising matter and specifications are by way of general descriptions and approximate only, and shall not form part of any contract or give rise to any liability on the part of the Company.

(b) It is the policy of the company to endeavour to develop and improve its products, and accordingly the Company reserves the right to change all specifications without prior notification or public announcement pursuant to such policy, provided that nothing in this Clause shall oblige the Purchaser to accept goods which do not reasonably comply with the contract.

Delivery

(a) The delivery fee is included in the price quoted, unless advised otherwise.

(b) All times or dates for delivery of the goods given by the Company are approximate only and shall not be of the essence of the contract.

(c) The purchaser will sign the Company’s delivery note for the receipt of the Goods. If the Purchaser signs “unexamined” the Company will deem this to be an acknowledgement of the receipt of all pallets boxes, cartons or packages specified in the delivery note in good condition.

Storage

If the Company does not receive forwarding instructions sufficient to enable it to deliver the goods within 14 days after the date of notification to the Purchaser that they are ready for dispatch, the Company shall be entitled to arrange storage whether as its own premises or elsewhere on the Purchaser’s behalf whereupon risk in the goods shall pass to the Purchaser. The purchase price of such goods shall become payable by the Purchaser and all costs of storage and insurance of the goods shall be payable by the Purchaser.

Loss or damage in transit

(a) Discrepancies due to missing items or breakages must be reported to sales@kosnic.com within 3 days of receipt.

(b) Except where the Purchaser collects the goods from the Company, the Company will credit in full any goods damaged in transit or not delivered in
accordance with the Delivery Note, provided that this has been clearly indicated on the relevant documentation at the time of delivery.

(c) Where an entire delivery has not been received the Company will credit all items in full provided that the Company has received written notification
within 10 working days of the date of invoice.

Returned goods

The Company will only accept the return of the Goods if they are faulty, have been damaged in transit between the Company and Purchaser or if the wrong goods have been delivered. In no other circumstances will goods be accepted as returned. The cost of carriage for returns is at the expense of the Purchaser *Please refer to the returns policy for full details.

Force Majeure

The Company shall bear no liability for any loss or damage suffered by the Purchaser if the Company is prevented from fulfilling a Purchaser’s order as a result of industrial dispute or any cause beyond its reasonable control or any liability of the Company to procure materials required for the performance of the order. The Company shall suspend or make partial deliveries or extend the time or times for delivery.

Passing of property and risk

(a) The risk in the goods shall pass to the Purchaser immediately on delivery of the goods to the Purchaser.

(b) Notwithstanding delivery and the passing of risk, property in and title to the Goods shall remain with the Company until the Company has received payment of the full price of all Goods which are the subject of the contract and all other goods supplied by the Company to the Purchaser under any contract whatsoever.

Legal construction

All contracts to which these Conditions of Sale apply shall in all respects be construed and operate as an English contract and in conformity with English law.

Last updated August 2024