SKK Terms and Conditions of Sale
SKK does not issue trade terms with our Proforma / Invoices / Quotations. The following terms apply to all transactions without advance notice.
Use of this site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the site and all disputes will be governed by UK laws.
- These terms and conditions apply to the sale of all goods by SKK, whether of SKK’s standard lighting products or products adapted at the request of a particular customer.
- All quotations are made and orders accepted and executed by SKK subject to these terms and conditions only.
- No variation of these terms and conditions will have affect unless accepted in writing by SKK.
- SKK shall have no liability for loss or damage however arising, in respect of goods supplied by SKK to the customer, save as expressly set out below or to the extent that it is prevented by law from so limiting its liability.
- These terms and conditions do not affect a customer’s statutory rights.
Any times quoted for despatch are given and intended as estimates only. While SKK make every endeavour to meet the dates given, SKK shall not in any event be liable for the consequences, no matter how arising.
Descriptive Manner Etc
All descriptive and forwarding specifications, drawings and particular weights, dimensions and performances issued by SKK are approximate only, and are intended only to present a general idea of the goods to which they refer and, as such, they shall not be relied upon as a basis for entering or form part of any contract between SKK and the customer.
Except as stated below, SKK gives no warranty, express or implied (whether by statute or otherwise) as to the life or wear of the goods supplied, or that they will be suitable for any purposes or use under specific conditions, whether or not that the purpose or those conditions are known to SKK. In particular, SKK accepts no responsibility for transformers, gears or bulbs. The customer shall, in determining the fitness for the purpose of goods supplied or to be supplied, rely entirely on the customer’s own skill and judgement and not on that of SKK.
Except as stated below, and except to the extent that SKK is prevented by law from so limiting its liability, goods which the customer claims to be defective shall not form the subject of any claim for any loss, damage or expense of any kind arising directly from those defects. If the customer returns goods on the grounds that they are defective and SKK agree that they are defective due to SKK’s fault, SKK will either replace them with goods of the same type, or at SKK’s discretion, refund the purchase price or issue a credit note for the amount in question. Any goods that the customer claims to be defective must be returned to SKK at the expense of the customer within one month of the date on which they were consigned to the customer or SKK will not be obliged to consider a claim. Any defects in any goods shall not give the customer any grounds for cancelling the remainder of an order, nor shall its grounds for delay in payment for goods already delivered.
Loss or Damage
- All carriers are deemed to be the agent of the customer and not SKK. SKK will not accept any responsibility for goods damaged or lost in transit.
- SKK will not be obliged to consider any claim for damage, shortage of delivery or loss of goods unless the customer follows the instructions set out below:
- In respect of damage in transit or shortage of delivery, the customer should give a separate notice to both the carrier concerned and SKK within three days of the complete claim in writing to SKK.
- In respect of loss of goods, the customer should give separate notice to both the carrier concerned and SKK within three days of the consignment of the goods.
Charges are available upon request. The minimum delivery charge is £15 plus VAT.
All prices quoted are exclusive of VAT and exclusive of bulbs unless otherwise stated in SKK’s current catalogue and/or price-list. Whilst every endeavour will be made to invoice goods at the prices quoted and/or acknowledged, SKK reserves the right to invoice at the price ruling at the time of despatch.
- Unless otherwise agreed in writing with SKK, payment in full is due in respect of any goods sold not withstanding any claim (of whatever nature) which the customer may have against SKK.
- If the customer has not paid for the goods within thirty days from the invoice, the account for those goods and any later accounts for further goods then unpaid shall be classified as overdue for the purpose of these terms and conditions. SKK shall, if SKK wishes, be entitled to charge the customer interest on overdue accounts, the interest to run from the date on which the invoice became overdue. The rate of interest shall be 4% per annum over Midland Bank Plc base lending rate. SKK can exercise this right in addition to any other rights SKK may have in respect of the goods or non payment.
- SKK shall be entitled to suspend deliveries of goods if any account becomes an overdue account. SKK reserves the right not to despatch goods until payment has been received in full. Where payment is made by cheque this means cleared funds.
SKK uses quotes, orders and invoices. All quotes must be made on SKK’s proforma and are subject to acceptance by SKK on receipt of the customer’s order and a contract will only be formed when SKK has accepted the customer’s order. A VAT invoice will generally only be issued upon SKK receiving payment in full.
- No legal property in or beneficial ownership of the goods supplied to the customer shall pass from SKK to the customer unless and until the customer had made full and complete payment of all sums due from the customer to SKK on any account whatsoever.
- Not withstanding anything contained in this clause, the goods are to be at the risk of the customer at all times they have been consigned to the carrier or collected by the customer.
- If any sum due from the customer to SKK on any account whatsoever remains unpaid after SKK has given to the customer two days’ written notice of SKK’s intention to exercise SKK’s rights under SKK’s condition to the customer, SKK shall be deemed to have repudiated the contract to which the notice relates and SKK shall be entitled to terminate the contract to which the notice and to forfeit a reasonable proportion of any sums paid to him by the customer in respect of the goods and to recover the goods if necessary by entry into and removal from the premises where the goods are without prejudice to any other claims which SKK may have against the customer. To the extent the customer is able, the customer grants SKK licence to enter any such premises for this purpose.
Cancellation and Returns
- The written consent of SKK must be obtained before cancellation of any order or contract is accepted. SKK reserves the right to charge for costs involved in accepting any such cancellation.
- The customer may not under any circumstances apart from those set out in clause 5 above relating to defective goods, return to SKK any goods supplied to the customer without SKK’s written consent.