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Terms & Conditions
1 - GENERAL
A. Unless otherwise agreed in writing by a principal of Neon Creations Ltd ("The Company") the terms and conditions set out below shall apply to all contracts entered into by the Company to the exclusion of all other terms and conditions.
B. "The Customer" means the person, firm or company ordering the goods and / or services.
C. Any order by the Customer shall constitute an acceptance of these conditions.
2 - SPECIFICATIONS
A. Illustrations and data in catalogues, brochures, price lists and advertising matter are only an indication of the type of goods offered and no prices or other particulars contained therein shall constitute an offer made by the Company.
B. Colour charts on printed matter and on the Company website are shown as a guideline and are not an exact representation of the final colour.
C. The Customer warrants that he has not relied upon the skill or judgement of the Company in the selection of the goods or as to their fitness for any particular purpose.
3 - CONFIDENTIALITY
A. Any of the Company's specifications, plans, drawings, know-how and other confidential information whether of a technical or commercial nature which may be passed to or come into the possession of the Customer shall not be used by the Customer other than for the purpose of the contract and shall not be disclosed to any other person, firm or company whatsoever. All specifications, plans, drawings, documents, descriptions and other information submitted by the Company shall remain the Company's property together with the copyright therein.
4 - PRICES
A. Any price quoted is firm only for 30 days from the date of quotation or the date withdrawn by the Company if earlier.
B. Unless expressly stated to the contrary any price quoted does not include carriage costs, packaging, insurance costs or value added tax.
C. The Company may revise its price lists from time to time without notice.
5 - DELIVERY
A. Delivery dates given by the Company are as accurate as possible but are not guaranteed and the Company shall not be held liable for the consequence of any delay. Time for delivery or performance is not of the essence.
B. Any loss or damage in transit or any shortage must be notified to the Company within 2 days of receipt of the goods.
C. The Company's liability in respect of goods lost or damaged in transit is limited to the repair or at its discretion replacement of the goods provided that the Customer returns the goods to the Company's premises within 21 days of the loss or damage being notified.
d. Non arrival of the consignment must be notified to the Company within 5 days of the receipt of the Company's invoice for the consignment.
e. Where goods are collected by or on behalf of the Customer this will constitute delivery to the Customer.
6 - PAYMENT TERMS
A. For non account customers terms are Cash (Pounds Sterling) With Order, Cash On Delivery, or as otherwise advised by the Company. Company cheques must be cleared before the despatch of goods. Personal cheques must be supported by a cheque guarantee card and payment will only be deemed to have been received when the Company has received cleared funds.
B. For account customers settlement is due 30 days from the date of invoice and time for payment shall be of the essence.
C. In the event of non payment when due the Customer shall, if required by the Company and without prejudice to any other right or remedy of the Company, pay a surcharge at the rate of 2% per month of the outstanding balance, accumulating for each month that the balance remains unpaid.
7 - PROPERTY
A. All goods remain the property of the Company until paid for in full.
B. In the event that the Customer is the subject of insolvency or similar then the Customer's right to possession of the goods shall terminate immediately and the Company may terminate the contract immediately.
C. Except in respect of any undisputed credit or payment due and owed by the Company to the Customer, the Customer shall pay all amounts due to the Company in full without any deduction or withholding other than as required by law and the Customer shall not be entitled to set off or counterclaim against the Company in order to justify withholding payment of any such in whole or in part.
8 - CANCELLATION
A. The Company reserves the right to refuse cancellation of orders placed by the Customer and will refuse to accept any goods returned to the Company without prior permission.
B. In respect of any goods returned to the Company with its permission or the cancellation of any order which is accepted at the sole discretion of the Company the Customer shall be responsible for the original cost of transport to the Customer's premises, the cost of the removal of the goods and return transport, and the value of any materials used or work done by the Company prior to the date of cancellation.
C. Cancellation of the order will only be effective when confirmed by the Company in writing.
9 - LIMITATION OF LIABILITY
A. Where goods are supplied in tamper evident cases the Company can accept no liability for any damage to the goods or injury to any persons if the case has been opened or attempted to be opened.
B. Where it has been recommended that a product is installed by a qualified electrician the Company can accept no liability for any injury caused as a result of this advice not being adhered to.
C. Without prejudice to condition 5 (C) above the Company's maximum liability for breach of contract, misrepresentation, misstatement or other tortuous act or omission including negligence arising under or in connection with the contract shall so far as be permitted by law be limited to the price paid to the Company under the contract.
d. The Company shall not be liable for any loss of profit and / or loss of business and / or depletion of goodwill and / or consequential loss suffered by any person and / or costs or expenses which arise out of or in connection with any contract with the Company.
10 - WARRANTY
A. All goods are guaranteed against defective materials or workmanship for a period of 12 months from the date of invoice subject to them being returned carriage paid to the Company for examination. If found to be faulty the Company shall have the option to replace, repair or refund the original cost.
B. Where goods have been modified in any way from which they were originally supplied, the above warranty (10 A) will be void.
11 - NOTICES
A. Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to the provision to the party giving the notice and may be delivered personally or by fax, first class recorded delivery post or first class air mail letter. A notice shall be deemed to have been served (if personally delivered) at the time of delivery (if sent by first class recorded delivery post) 48 hours after posting or (if sent by first class air mail letter) 96 hours after posting or (if sent by fax) at the time of transmission.
12 - LAW
A. These conditions and any contract shall be subject to and construed in accordance with English Law.
B. Each of the provisions of these conditions is severable. If any provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity of un-enforceability in that jurisdiction of the remaining provisions of these conditions shall not in any way be affected or impaired by it.
C. A person who is not a party to the contract between the Customer and the Company has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the contract but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
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Terms & Conditions