MegaLED Ltd Terms and Conditions of Business
- DEFINITIONS: In these Terms and Conditions ‘the Company’ means MegaLED Ltd; the Customer’ means the customer of the Company;‘contract’ means a contract for the sale or supply of goods or services by the Company to the Customer; ‘goods’ means any goods forming part of the contract including parts, components and materials incorporated therein; ‘product’ means any system designed, manufactured and supplied but not installed by the Company to the Customer pursuant to the contract; ‘services’ means any services forming part of the contract including any installation by the Company for the Customer;‘installation’ means any system designed, manufactured, supplied and installed by the Company to the Customer pursuant to the contract; ‘third party supply’ means a contract for the sale of non MegaLED hardware supplied but not installed by the Company.
- QUOTATION: A quotation of the Company expires after 30 days unless otherwise specified by the Company. In the event of any increase in costs not accommodated in the quotation the Company may at any time before delivery or completion of the contract and upon notice to the Customer adjust the price of the contract in accordance with condition 5 herein.
- APPLICATION: These terms and conditions apply to all contracts for the sale or supply of goods or services by the Company to the Customer unless otherwise stated in writing by the Company. A contract to which these terms and conditions apply may be for a product, installation or third party supply as defined herein.
- EXISTENCE OF A CONTRACT: The contract may come into existence by way of a formal acceptance procedure in which an order is completed and signed on behalf of the Customer and an acknowledgment thereof is signed on behalf of the Company. In the absence of such a procedure no contract shall come into existence until the Customer’s order is accepted in writing by the Company or goods of the contract are delivered by the Company to the Customer.
- PRICES: Prices quoted unless otherwise stated in writing by the Company are exclusive of freight, insurance and delivery charges and are subject to V.A.T. at the rate applicable upon delivery or completion of the contract. The Company shall have the right to adjust the price of a contract for any increase in the cost of parts, labour, transport and delivery and any other factor arising after the contract date.
- DELIVERY: Goods whether forming part of a contract of sale or supply of services are delivered when the Company makes them available to the Customer, his servants or agents at the Customer’s premises or other point of delivery agreed by the Company. The Company may effect delivery of the goods by instalments of any sequence. Goods delivered by instalments shall be deemed to form part of a separate contract and no default or failure by the Company in respect of any one instalment shall vitiate the contract in respect of goods previously delivered or of undelivered goods. Any date stated by the Company for delivery represents the Company’s best intentions but shall be deemed to be approximate only and shall not form part of the contract. The Customer shall take delivery of the goods or any instalment on the date stated by the Company and upon any default or failure to do so the Company shall retain possession thereof and be entitled to make reasonable arrangements for storage, insurance and re-delivery.
- RISK: Risk in the goods and any attendant costs in relation thereto passes when they are delivered to the Customer or retained by the Company in accordance with condition 6 herein. The Company shall not be liable for any penalty or expense nor for any injury loss or damage arising from any delay or failure in delivery or performance or other cause beyond its control nor shall any such delay or failure entitle the Customer to refuse any delivery or performance or to repudiate the contract.
- TITLE: Title in the goods shall remain with the Company and shall not pass to the Customer until the payment due has been made in full. For the purposes of section 12 Sale of Goods Act 1979 the Company shall transfer only such title or rights in a product or third party supply as the Company has on the contract date by reason of ownership or transfer as the case may be.
- PAYMENT: All invoices of the Company are payable without discount or deduction of any kind in pounds sterling according to the terms set down in the quotation, pro forma invoice or other official notice of the Company. The time for payment shall be of the essence of the contract and upon default thereof the Company shall without prejudice to any of its other rights be entitled to adjust the contract price to remove any discount or deduction.
- LIABILITY: If the Customer establishes that any goods are defective, delivered damaged or do not match their description the Company may at its own discretion replace the goods with others that meet the requirements of the contract or it may allow the Customer credit for their invoice value or the cost of repair. The Company shall not be liable for any defect arising from any design modification or any specification provided or made by the Customer nor for any adjustment or alteration to a product or installation by any person except the Company. No claim may be made against the Company for any defect arising from improper use of a product or installation or from any accident or neglect in relation thereto. Nothing in this condition affects the Customer’s rights under any absolute statutory duty imposed upon the Company.
- CLAIMS: The Customer shall be deemed upon delivery particularly of any fragile goods such as custom-made edgelit displays but of any other goods forming part of the contract to have inspected the same for their condition, quality and fitness for purpose. Any claim against the Company of any nature whatsoever in relation to any goods or services shall be deemed invalid unless made in writing within 24 hours of the date of delivery or performance as the case may be or where goods are retained by the Company in accordance with condition 6 herein within 24 hours of that date and time. Claims made pursuant to a warranty of the Company with regard to any product, installation or third party supply are valid if made within its terms.
- GENERAL: No representations by way of any parol or written description, illustration or specification shall be deemed to form part of the contract unless specifically incorporated by the Company in writing. All materials, drawings, specifications and designs shall remain the intellectual property of the Company whether or not the same are claimed in copyright, patented or registered. These terms and conditions may be varied by agreement in writing between the Company and the Customer but shall be deemed to apply and to prevail over any standard terms and conditions of the Customer unless the same or some other variation thereof are specifically approved and incorporated into the contract by the Company.
For any inquiries relating to these Terms and Conditions please contact your MegaLED project manager or email us
MegaLED Terms and Conditions of Business EDITION 01A 22 August 2013. London.