GRAVEL HILL LIGHTING LIMITED
TERMS AND CONDITIONS FOR THE SALE OF GOODS
Buyer the person or company who buys or agrees to buy the goods from the Seller.
Conditions the terms and conditions of sale as set out in this document and any special terms
and conditions agreed in writing by the Seller.
Goods the articles which the Buyer agrees to buy from the Seller.
Price the price or prices as published or otherwise agreed for the Goods
Seller means Gravel Hill Lighting Limited of
High House, Lugwardine, Hereford,
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of [a director of] the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be that published or the price quoted on the Seller’s confirmation of order. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
- Payment and Interest
4.1 Payment On placement of order, unless otherwise agreed.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
- Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
- Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods [48 hours] after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within [48 hours] of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
- Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
- Carriage of Goods
10.1 For website orders carriage will be chargeable on all sales under £40.00 for UK Customers only via second class carrier. If goods are required quicker or to be sent internationally, carriage is POA. Please note we are unable to ship light bulbs Internationally due to increased likelihood of them arriving damaged.
10.2 For telephone orders, any special, custom or non standard orders, carriage will negotiated and agreed between the Buyer and the Seller.
By purchasing from this website, you are agreeing to allow Email communication from Gravel Hill Lighting Limited informing you of occasional offers and news. If this is something you do not wish, you will have the option to ‘opt out’ on the next email.
Returns are accepted on most of our products, providing the items are unused and in there original condition. We ask that any returns are made within 14 days of receipt of purchase, after this time, returns can be accepted on a discretionary basis. Return cost will be at the buyers expense unless the item is faulty. If your returned item was eligible for free postage at the time of original purchase, a charge will be deducted from the returned item to cover the cost of the original postage that was incurred by Gravel Hill. The exceptions to our returns policy is lighting flex, light bulbs and any special, custom or non standard orders, which we regret we do not accept any returns unless the product is faulty or damaged. Returns for any ‘hand-made to order’ lighting is on a discretionary basis. We will also apply a re-stocking fee if an order required either a considerable time in preparation by Gravel Hill or was ordered in specifically for the customer requirement.
13. Order Cancellations
Any cancellations of orders must be submitted by the buyer to the seller in writing via email prior to dispatch. For any special, custom or non standard orders and ‘hand-made to order’ lighting, cancellation must be submitted via email from the buyer to the seller prior to the items being made as per the received order from the buyer. If the seller has commenced work on the order received from the buyer prior to a cancellation being received in writing to the seller, then the seller reserves the right to charge the buyer in whole or in part on a pro-rata basis.