Terms and conditions
NEO TECHNOLOGIES LTD Lighting Solutions Terms and
Conditions
1. LAW
All disputes arising out or in connection with this contract shall be governed
by English Law.
2. ACCEPTANCE
OF ORDERS
Buyer’s order is accepted by Neo Technologies Ltd subject to
availability of stock. Order cannot be cancelled except by mutual agreement.
3. PRICE
OF PAYMENT
Price charged will be price in effect at date of order. Please note all
accounts beyond our credit terms will be passed to our debt collection agency,
Sinclair Goldberg Price Ltd. All accounts, without exception, will be subject
to a surcharge of 15% plus vat on Limited Company/ Public Sector Body debts
& 20% plus vat on Consumer/ Non-Limited Commercial debts to cover our costs
in recovery. These accounts will also be subject to any legal costs incurred in
obtaining settlement. Payment will be made strict 30 days from date of invoice.
Failure to pay within these terms may result in deliveries being withheld and
interest charged. Only in the event of disputed invoices a seven-day period of
grace may be given to enable the dispute to be resolved.
4. QUALITY
OF GOODS
Neo Technologies Ltd warrants only that goods comply with sales
specifications agreed with Buyer, save as mentioned in this clause all
warranties, conditions and representations, whether expressed or implied by
status, usage, trade, custom or otherwise and relating to the quality or nature
of the goods, their condition or their life of wear or suitability for any
particular purpose or use under any specific conditions are hereby excluded
except in so far as such exclusion is not permissible under the Unfair Contract
Terms Act 1977.
5. LIABILITIES
Neo Technologies Ltd liability is limited, at all times, to only
replacing goods shipped by Neo Technologies Ltd, which have been
returned to Neo Technologies Ltd and shown to be defective.
Neo Technologies Ltd shall in no circumstances be liable to the Buyer in
contract, tort or otherwise for any consequential damage, injury, loss or
expense howsoever caused whether to the Buyer or to any other person, or thing
and whether arising directly or indirectly from defective goods supplied
hereunder (in so far as such exclusion is permitted by law.)
However, in the event of an agreed proven epidemic failure of the quality of
the item supplied by Neo Technologies Ltd the claim may be passed to
our insurers, who will be asked to consider the claim under the product
liability insurance cover currently held by Neo Technologies Ltd.
6. SHORT
DELIVERIES / DAMAGE IN TRANSIT
Neo Technologies Ltd will not be responsible for damages in transit
or for short delivery unless Buyer gives written notice to Neo Technologies Ltd
and to its Carrier within 3 days of receipt of goods and
indicates short quantities on carrier’s delivery note.
7. NON-DELIVERIES
Neo Technologies Ltd is not responsible for non-delivery within the
U.K. unless Buyer gives written notice to Neo Technologies Ltd and
to its carrier within 14 days of date of invoice. Neo Technologies Ltd
is not responsible for non-delivery outside the U.K. unless Buyer gives
written notice to Neo Technologies Ltd and carrier within 28 days of
date of invoice.
8. PACKAGES
/ CONTAINERS
Containers are not returnable unless otherwise stated.
9. SAFETY
DATA
Neo Technologies Ltd maintains data to ensure that goods sold by
Neo Technologies Ltd are safe and without risk to health if properly used.
Whenever such data is required buyer should contact Neo Technologies Ltd.
10. RISK
Risk or loss or damage to products sold shall pass to Buyer at point of
delivery
11. TITLE
(A) Notwithstanding Clause 10, property in and title to goods sold under this
contract shall remain in Neo Technologies Ltd until Buyer has
settled all debts owed to Neo Technologies Ltd under this or any
other contract or otherwise
(B) Buyer has right to resell goods supplied under this contract but shall be
under a fiduciary duty to account to Neo Technologies Ltd for proceeds
of such sales to the extent that Neo Technologies Ltd have not been
satisfied
(C) If Buyer processes Neo Technologies Ltd goods sold hereunder or
incorporates or mixes them with other goods prior to payment to
Neo Technologies Ltd he shall hold such goods or the proceeds thereof on a
fiduciary basis and shall account for them to Neo Technologies Ltd.
12. DELIVERY
Providing a firm lead-time of 12 weeks and a forecast of five months is given
to Neo Technologies Ltd and payment terms are adhered to
Neo Technologies Ltd endeavour to meet all required deliveries on time
subject to Force Majeure.
13. FORCE
MAJEURE
Neo Technologies Ltd will not incur any liability from delay in
performance, non-performance or other failure to meet any obligation to the
Buyer caused by circumstances beyond its control including but not limited to
(and in respect of which any ejusdem generis interpretation shall not apply):
Acts of god, war, riots, fire, explosion, flood, strike, lockout, injunction to
obtain fuel or raw materials, breakdown of equipment, acts of government or any
cause beyond Neo Technologies Ltd preventing or interfering with the
manufacture or shipment of goods to the buyer
14. WHOLE
CONTRACT
Foregoing conditions shall constitute entire contract between Neo Technologies Ltd
and Buyer and shall replace any prior conditions proposed or
tendered by either party
15. WARRANTY
Neo Technologies Ltd warrants that each Product will be free from
defects in material and workmanship. The foregoing warranty shall be valid for the
period mentioned in the applicable warranty policy for the Products referred to
in your sales agreement. If a Product fails to operate in accordance with this
warranty Neo Technologies Ltd will repair the product or provide a
free replacement of the failed Product subject to the applicable warranty
policy and the limited warranty terms and conditions.
16. TERMS
OF PAYMENT
Strict 30 days from date of invoice
17. DIVISIBILITY
CLAUSE
This contract is divisible. Each delivery made hereunder: 1) shall be deemed to
arise from a separate contract, and 2) shall be invoiced separately and any
invoice for a delivery shall be payable in full in accordance with the terms of
payment provided for herein without reference to and notwithstanding any defect
of default in delivery of any other instalment.