1. Any order, quote, offer, service, and contract supplied by Foss LED Ltd or any of its subsidiaries will be governed by the below terms and conditions. The sale and placing of an order by a buyer will constitute the acceptance of these terms and conditions. The present terms and conditions shall also apply to any custom-made products, which constitute a sales contract.
2.Prices, catalogues, and brochures unless agreed otherwise in writing are non-binding and can be changed or amended by Foss LED Ltd at any time without prior notice to customers. Quotations, proposals and offers from Foss LED Ltd are valid for the amount of time stated in writing on the document supplied and may be withdrawn in such period it remains capable of acceptance. No binding contract will be created by the acceptance of a quotation, proposal or offer until a valid purchase order has been supplied and Foss LED Ltd has indicated to the client in writing of its acceptance.
3. Customers wishing to open a credit account are responsible for completing and signing a Credit Account form. The proprietor(s), partner(s) or an authorised employee (Limited Companies only) must sign the Credit Account form. Customer applications will only be approved once Foss LED Ltd deems the account to meet its Credit Account criteria and has confirmed such in writing. Customers who do not have a credit account are subject to making full payments before goods are manufactured or dispatched.
4. Payment of invoices must be completed in full without any deductions at the due date stated on each individual invoice. All payments must be paid into the bank account number indicated on the invoice or other account we may have designated in writing at the time of invoicing.
5. In the case of late payment or failed payment Foss LED Ltd may suspend or cancel current and future deliveries and may cancel any discounts offered. An interest at the rate equivalent to that set for the purpose of the Late Payment of Commercial Debts (interest) Act 1998 will be calculated on a daily basis from the date of your invoice due date until full payment has been received. Interest may be compounded on the first day of each calendar month; and before and after any judgement unless the court orders otherwise. For customers that hold a Credit Account, Foss LED Ltd may have it withdrawn or reduced if payments are not made on their due date. In such a case, all outstanding amounts due – irrespective of the due date – shall automatically become due. In the case of non-payment on due date, Foss LED Ltd is entitled to suspend or cancel any present or pending orders. In the case of cancellation, the customer is bound to pay compensation amounting to a minimum fixed sum of 25% for stocked products and 100% for custom made products (which include any special or custom finishes or technical modifications produced other than that offered from the manufacturers standard stocked components), of the total purchase price (excluding vat). The foregoing shall not prevent us from requesting compensation for damages in excess of such amount.
6. All products supplied by Foss LED Ltd are to remain its sole property until full payment is received. Products must be stored and clearly labelled as the property of Foss LED Ltd and insured to the amount of the sales value held by the customer.
7. Delivery times stated in any written order or contract are estimates only and shall not be binding. Delays may not constitute a reason to cancel an order or contract and if an order or contract is cancelled by the customer on this basis then compensation for damages may be claimed with a minimum of 25% for stocked products and 100% for custom made products (which include special or custom finishes or technical modifications produced other than that offered from the manufacturers standard stocked components), at the price of purchase (excluding VAT). Any modification to orders or contracts may prolong delivery times.
8. If the customer (or nominee) refuses to take delivery or fails to take delivery or fails to give Foss LED Ltd adequate delivery instructions at the time of stated delivery then, without prejudice to any other right or remedy available to Foss LED Ltd, we may store the products until possible delivery and shall charge the customer for all related costs and expenses including (without limitation) storage and insurance.
9. Inspection of the delivered goods is to be conducted by the customer and any damages or shortages are to be detailed in the consignment note. Customers are to immediately notify Foss LED Ltd (within 2 working days) with a copy of the consignment note and details of shortages and / or damages including evidence (photography or video).
10. All Foss LED Ltd products are supplied with a system warranty of 3-years as standard, and some are eligible for a 5 or 7 YEAR EXTENDED WARRANTY once a WARRANTY APPLICATION form has been completed and approved in writing by Foss LED Ltd within 30 days of a product’s purchase. In case of a product failure within the warranty period, fossLED shall endeavour to replace the faulty / damaged item with the same or similar product equivalent available within its range.
11. Flexible linear products (LED Strip, Linear LED Flex, Wallwasher Strip) as well as other fossLED products that require an LED Driver / accessories to operate constitute a ‘system’. All products in a ‘system’ must have been supplied by Foss LED LTD.
12. All claims to warranty are deemed void if:
-
A product was installed without following the installation manuals and abiding by the volume and protection distances stated in the installation sheets.
-
A fossLED product has been used in conjunction with products from other suppliers.
-
A product had been repaired, assembled, or maintained by unauthorised personnel.
-
If the ventilation equipment has been covered or fans have been blocked during installation; if excess dust suspended in the air has blocked the cooling system.
-
Non-compliance with LVD installations or damages caused by electrical discharge due to a current or voltage higher than specified in the IEC 61000-4 standard.
-
Parts that are subject to normal wear and tear or where the goods have been subject to abnormal use or working conditions.
-
Apart from the cost of product repair or replacement, fossLED Ltd shall not be liable for any other costs, which include but not limited to transportation costs, installation costs, expenditures, damages, or any other financial obligations that are in any manner related to the defect in the goods and materials or any possible consequence thereof.
13. Products that are to be returned can be done so within 30 days of date stated on the delivery consignment note and can only be executed by the original customer by written confirmation and with prior arrangements with the Returns Department at fossLED Ltd. On accepting an order / contract, a handling change of 25% (unless stated otherwise in writing) will apply and the products must be returned in the same condition as they were delivered (unless the products are defective or there is a claim under warranty). The delivery of the returned goods is the responsibility of the client including any related transportation and insurance costs.
-
Return requests must be sent to sales@fossled.co.uk stating your original PO number, debit note and item(s) to be returned.
-
Returns must be sent to: Unit 10 Lakeside, Neptune Close, City Medway Estate, ME2 4LT, Rochester.
-
Any returns sent without prior provided paperwork by FOSS LED Ltd may be rejected by us and / or will incur a delay in the return being processed.
-
Items returned within the 30 days of delivery must be unopened and in their original packaging and will be subject to a 25% re-stocking fee. Item(s) with damaged packaging or found to be in a used condition will not be credited. Such item(s) will be required to be collected by the original client or be subject to a £12.00 return freight charge.
-
Faulty / Defective items will undergo testing by fossLED Ltd with a final redacted report stating the cause of the fault. If the cause of the fault / defect is found to be a product fault related, then the client’s delivery charge will be credited (max £12.00 per return consignment). If the cause of the fault / defect is found to be client related, then the return claim will be refused. Such item(s) will be required to be collected by the original client or be subject to a £12.00 freight charge if organised by us.
-
Returns to be sent back to the original client cannot be consolidated with a new order.
-
We aim to issue a credit within 14 days of having received the returned item(s).
14. Customised products (specially made for a customer / project) and LED Strip / Linear LED Flex cut to length are non-refundable.
15. Customers may not offset any amount owed to Foss LED Ltd in any way. The customer may neither invoke claims to delay payment obligations towards Foss LED Ltd.
16. Foss LED Ltd is not liable to the customer in any matter or deemed to be in breach of this contract due to any delay caused beyond our reasonable control (Force Majeure). The following will be included as causes beyond Foss LED Ltd.’s reasonable control:
-
Governmental actions, war, threat of war, national emergency, riot, civil disturbance, sabotage, or requisition.
-
Act of God, fire, explosion, flood, epidemic or accident.
-
Import or export regulations or embargoes.
-
Labour disputes not including disputes involving the Company’s workforce; or
-
Inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery, or labour.
17. In consideration of you continuing to supply us with finished goods and/or services from time to time as specified by us in our purchase orders, we hereby agree the following: The purchase orders we shall place on you are divisible. Each delivery made thereunder;
-
shall be deemed to arise from a separate contract, and
-
shall be invoiced separately and any invoices for a delivery shall be payable in full in accordance with the terms of payment provided for therein without reference to and notwithstanding any defect or default in the delivery of any other instalment or of any other instalment under any contract.
;