SKK Lighting Terms and Conditions

1. General       ^Back
a). 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.
b). All quotations are made and orders accepted and executed by SKK subject to these terms and conditions only.
c). No variation of these terms and conditions will have affects unless accepted in writing by SKK.
d). 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.
e). These terms and conditions do not affect a customer’s statutory rights.

2. Time Limits       ^Back
Any times quoted for dispatch 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 mater how arising.

3. Descriptive Manner etc.       ^Back
All descriptive and forwarding specifications, drawing 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.

4. Warranties       ^Back
Except stated below, SKK gives no warranty, express or implied (whether they will be suitable or otherwise) as to the life or wear of the goods supplied, or that they will be suitable for any purpose 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 judgment and not that of SKK.

5. Defective Goods       ^Back
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 goods for cancelling the remainder of an order, nor shall its grounds for cancelling the remainder of an order, nor shall its grounds for delay in payment for goods already delivered.

6. Loss or Damage       ^Back
a). 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.
b). SKK will not be obliged to consider any claim for damage, shortage of delivery or loss of goods unless the customer follows the instruction set out below.
i). In respect of damage in transit or shortage of delivery, the customer should give separate notice to both the carrier concerned and SKK within three days of the complete claim in writing to SKK.
ii). In respect of loss of goods, the customer should give separate notice to both carrier concerned and SKK within three days of the consignment of the goods.
c). If the customer accepts goods from the carrier concerned without checking or examining the goods, the delivery book carrier concerned must be signed “not examined”.
d). The following details should be sent to SKK in the event of damage, shortage of delivery or loss of goods: Advice not number, carrier’s name, condition of package, date of consignment received, date carrier advised and the extent of the damage or shortage.

7. Delivery       ^Back
Charges are available upon request. The minimum delivery charge is £15 plus VAT.

8. Prices       ^Back
All prices quoted are exclusive to VAT and exclusive 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 the time of dispatch.

9. Payment       ^Back
a). 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.
b). If the customer has not paid for the goods and any later accounts for further goods then unpaid shall be classified as overdue for the purpose 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 if the goods or non payment.
c). 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.

10. Proforma Documents       ^Back
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 customers order and a contract will only be formed when SKK has accepted the customers order. A VAT invoice will generally only be issued upon SKK receiving payment in full.

11. Property       ^Back
a). 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 ay account whatsoever.
b). 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.
c). If any sum due form the customer to SKK on any account whatsoever remains unpaid after SKK have given to the customer two days written notice of SKK’s intention to exercise SKK’s right 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.

12. Cancellation and Returns       ^Back
a). 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.
b). 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.
c). A handling charge of not less than fifty percent of the involved net value of the returned goods plus all VAT there may be deducted from any credit allowed in respect of the returned goods where the reason of return of such goods is other than the goods are defective in circumstances where SKK accepts responsibility under clause 5 above.

13. Legal Consequences       ^Back
These terms and conditions of the sale shall be governed by English lay and any dispute in connection with these terms and conditions shall be submitted to the jurisdiction of the English courts.