Standard Terms Of Business

Definitions. Light-Tech Limited is referred to in these terms as LT. Any party to whom LT contracts to supply any goods is referred to as "the customer"
Application. These terms apply to all transactions between LT and the customer (prevailing over any inconsistent terms put forward by the customer), save as otherwise expressly agreed in writing.
Formation of Contract. Where LT makes a tender, gives a quotation or otherwise offers to supply any goods or services, the same shall not constitute a contractual offer. A contract shall only be concluded by LT acceptance (by written confirmation of order, if sent) of the customer's order.
Duration of offers. If, and notwithstanding the foregoing, any tender quotation or offer shall constitute a contractual offer, the same shall remain open for no more than thirty days from the date the same is made or despatched.
Agents authority to vary terms. No agent or employees of LT has authority to vary these terms or the terms of any tender quotation estimate offer or contract save expressly as agreed by a Director of LT and the Customer in writing.
Limitation of liability or misrepresentation. LT shall be exempted from any liability for any representation made by any agent or employee unless and save to the extent that (a) the same is made in writing and on LT headed paper or (b) the customer shall have informed LT in writing before acting on the representation that the same has been made and that the Customer proposes to rely thereon.
Time of performance. If the contract between LT and the customer specifies a time for performance of LT in performing its obligations thereunder such time shall not be of the essence of the contract.
Limitation of liability for delay. LT shall not be liable for any loss in the event of any delay by LT in performing its obligations under the contract if delayed for any reason outside LT control.
Short delivery and damage. Any claim that the equipment is short delivered or damaged must be communicated to LT and (if different) the carrier thereof within three days of delivery conferring such notification (if oral) in writing immediately thereafter.
Price variation. Prices offered by LT are on the basis that the customer (in the case of supply of goods) accepts delivery or (in the case of services to be supplied) permits the service to be performed (or as the case may be to begin to be performed) at or by the time provided by the contract or (in the absence of any specified time) within 14 days of the conclusion of the contract. In the event of delay by the customer beyond such time LT shall be permitted (without prejudice to any other remedy available to it) adjust its price in accordance with any intervening change in its published prices or otherwise to cover any additional cost incurred as a result of the delay.
Terms as to quality, descriptions etc. Save as provided by statute, the contract shall not be subject to any implied terms as to the quality of goods or services to be supplied. If any goods supplied are to be used for any unusual purpose LT shall be deemed to warrant their fitness for that purpose only if they have been notified of the same by the customer in writing before the conclusion of the contract. If LT has provided in any tender estimate quotation or any contractual document any drawing or specification of goods or services to be supplied the same are to be taken as approximate only and intended to give a general idea of the goods or services in question unless they are expressly warranted as accurate. LT reserves the right to charge for design services not subsequently acted upon or acted upon in terms of goods supplied by LT.
Limitation of liability for defects. Save for LT's liability for death or personal injury caused by the negligence of LT, its employees or agents, in the event of any breach by LT of any obligation as to the quality of goods or services supplied by it
(a) LT shall not be liable in respect of such breach unless the customer notifies LT of the defect within 3 days (immediately confirming in writing) and (where possible) retain the defective item for inspection by and (if required) return to LT. The customer is obliged to inspect all goods supplied and (where appropriate) test them as soon as reasonably possible after delivery. If there is reason that the defect is the result of damage incurred in the course of delivery by a carrier engaged by LT the condition as to notification required hereby shall also require equivalent notice to the carrier;
(b) LT shall not be liable for any loss of profit by the customer, liability of the customer to third parties, or other economic loss caused by such a breach unless it has been expressly notified by the customer in writing before the conclusion of the contract that loss of the kind suffered might be caused in the event of such breach;
(c) LT shall not be liable for any physical damage done to other property of the customer or third parties or any loss or damage resulting therefrom. The customer is strongly advised to insure in respect of losses of the kind referred to herein.
Guarantee. LT will, if notified in accordance with clause 12(a) above replace or (at its own option) repair free of charge any defective goods (except in the case of reconditioned or second-hand goods) supplied by it provided that it is satisfied that the defects resulted from breaches of its contractual obligations and save to the extent that a similar guarantee is available from the manufacturer. Such a guarantee will expire after 3 months from the date of delivery. If and insofar as any goods supplied are subject to manufacturers' guarantees LT will so far as possible assign the benefit thereof to the customer. Any goods or parts replaced under this guarantee shall become the property of LT.
Goods sold, passing of property. Property in any goods shall not pass to the customer until the purchase price thereof, and for any goods sold under the same contract shall have been paid in full. Until that time the customer is entitled to use of the goods in the ordinary course of its business but shall otherwise hold the same in a fiduciary capacity, and shall in particular so mark or store the same that they remain identifiable as the property of LT.
Goods sold and/or services supplied: payment. All payments for the supply of goods sold and/or services supplied by LT shall be made punctually by the customer without previous demand at such times and in such amounts as may be expressly agreed between the company and the customer and in default of such express agreement payment shall be made in full at the time of such supply. Any remaining sums due and unpaid shall carry interest at the rate of 4% per annum above the lending rate of National Westminster Bank PLC applicable from time to time.
Design services. LT reserves the right to charge a design fee for any scheme, or part thereof, irrespective of any goods quoted or supplied to the customer.
Force majeure. LT shall not be liable to the customer for the failure to provide any of the services, facilities or materials described in the estimate resulting from any accident, strike, lock-out, fire, power failure, breakdown or any other event or cause beyond LT's reasonable control. Should the supply of equipment be prevented or delayed by an act or circumstance beyond LT reasonable control LT may without incurring liability to the customer suspend the contract and after 6 months of suspension terminate the contract.
Value Added Tax. Value Added Tax where appropriate and at the appropriate rate shall be charged to the customer in addition to the price.
Forbearance. No forbearance, indulgence or relaxation on the part of LT shown or granted to the customer in respect of any of the provisions of the terms shall in any way affect, restrict or prejudice the rights or powers of LT under the Contact or operate as or be deemed to be a waiver or any breach by the customer of these terms and conditions.
The Contract shall be governed by the laws of England and Wales and the parties submit to the jurisdiction of the English courts.

Light-Tech Ltd
5 Barrow Hill Close
Abingdon
Oxon
OX14 2LX

Tel: 07521 626 012
Email: russ@lighttech.co.uk

Registered in UK 2053491