Terms and conditions
(a) In these conditions 'the seller' means Lighthouse Shutters Ltd and 'the buyer' means the person, firm or company placing an order for goods or services, which are subject to these terms and conditions which are not variable except in writing signed by the seller.
(b) These conditions of sale together with the particulars contained in the order acceptance, save where stated otherwise and any special conditions agreed by the seller in writing constitute the entire contract between the buyer and the seller.
(c) Periods of time referred to in these conditions of sale shall be of the essence except in respect of delivery times which may be beyond our control.
Quotations
(a) All quotations by the seller represent an invitation to the buyer to place an order and do not constitute a legal offer. The sales order confirmation will be regarded as the offer and the seller's order acceptance will be regarded as binding. No alternative terms and conditions will be considered or accepted by the seller. Trade prices will only be quoted if a proof of business is given.
(b) All prices are quoted without commitment and are subject to alteration or withdrawal by the seller without prior notice. Orders can only be accepted on condition that the prices charged are those ruling at the date of dispatch unless the seller specifically agrees in writing to engage a fixed price contract.
Delivery
(a) Delivery times are generally eight to ten weeks and stated as estimates only and time is not of the essence. Whilst every effort is made to ensure due performance, the seller cannot accept responsibility for damages or consequential loss or damage arising out of delay or failure to deliver by the specified date.
(d) On occasion the buyer may be required to take delivery of goods. If a buyer fails to take delivery of the goods or any part of them on the due date for any reason whatsoever the seller will be entitled to charge for redelivery and upon notice to the buyer delivery will be deemed to have taken place and the buyer will pay to the seller all costs and expenses including storage and insurance charges. Any delay or failure to deliver by the seller will not entitle the buyer to refuse delivery or to repudiate the contract and the full price will be payable to the seller without deduction.
(e) Non delivery or damage pilferage in transit must be reported in writing to the seller within 3 days of receipt of invoice or advice of dispatch. Where goods are collected from the seller by the buyer or a third party nominated by the buyer the risk in the goods passes to the buyer upon delivery to the buyer or such third party. Thereupon all liability of the seller in the goods for loss or destruction, breakage's, shortages or non delivery shall cease.
(f) The address for delivery shall be the Seller's address as stated on the order unless otherwise agreed between the parties in writing where the above will apply.
(g) Once the goods are delivered and signed for either in good condition or unchecked, the seller cannot accept responsibility for any damage to said property.
Retention of Title
(a) The goods shall remain the property of the seller until full payment has been received (each order being considered as a whole) or until prior resale in which case the beneficial and legal entitlement of the seller shall attach to the proceeds of the resale or to the claim on those proceeds.
b) Upon taking possession of the goods the buyer shall be a bailee of the goods for the seller until title has passed to the buyer and shall store the goods upon its premises separately from its own goods, and shall clearly mark its goods, so that they are clearly identifiable as the goods of the seller.
(c) The buyer's right to possession of the goods will cease at the earliest of the following date:
i. on expiration of any agreed period of credit, or the due date for payment of any invoice has passed
ii. if being an individual he commits an act of bankruptcy or makes a proposal to his creditors or does anything which would entitle a petition for a bankruptcy order to be made, or the seller believes on reasonable grounds that the same is likely to occur.
iii. If being a company it goes into liquidation or does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up or to apply for an Administration order, or the seller believes on reasonable grounds that the same is likely to occur.
iv. If the buyer does or fails to do anything which may in any way imperil the title of the seller to the goods.
(d) The seller will have the right if paragraphs (a) (b) or (c) apply:
i. To repossess the goods
ii. To use or sell all or any of the goods
iii. To enter any premises of the buyer for the aforesaid purposes.
Carriage and Packing Charges The buyer will bear the Individual charge of shipping carriage per order. The cost of such amounts to £60.00 inclusive of vat. If an order is split with items to follow, there will be a further carriage charge. There will be a shipping charge of £60.00 inclusive of VAT for each individual order shipped separately which is as a result of the buyer’s instructions.
Payment Terms
(a) All orders are subject to a 50% deposit to the total value of the order, falling due upon survey. This is also required in full. Cheques provided should be cleared funds prior to ordering. The outstanding balance for all goods should be paid within 7 days following completion of installation, unless otherwise agreed.
(b) If an account becomes overdue, orders will be suspended until the account is brought up to date. The seller reserves the right (without prejudice to any right to damages or other remedy available) to withhold further delivery to the buyer until payment in full, including any interest due, is made.
Trading Terms
(a) The company reserves the right to close existing accounts or refuse to open new accounts without being required to give notice or reasons. An account which has been dormant for a period of six months will be automatically closed, however, facilities to purchase products or a pro forma basis may be offered at the companies discretion.
(b) The buyer acknowledges the position of the seller as the supplier of the products having a high reputation and premium brand image, and will ensure that the products are resold and presented for resale in a manner which maintains and enhances that reputation.
(c) No one involved in the operation of the account should be directly or indirectly engaged, concerned or interested in any way in the business of supplying Lighthouse Shutters products by mail order from the approved premises or from any other location.
Returns
(a) Any defective goods must be returned within 7 days of being delivered/installed.
(b) All shutters, frames and battens are put through an 18 point quality control checking system. Once checked, they are photographed with high resolution digital equipment before being packaged. Packages are then photographed as they are unloaded from the shipping container if they show any signs of damage.
Please bear this in mind when making a claim with regard to a damaged shutter, frame or batten. Shutters are very easy to damage on site, and we will not replace or refund damaged goods unless you can prove that they arrived in this state. Please do not sign for damaged boxes until content has been checked.
Liability
All goods are sold to the buyer on the following conditions and the buyer must ensure that the following conditions are incorporated into any contract with their own customer. The seller does not accept any responsibility arising from the buyer's failure to follow this condition.
(a) All goods should be fully inspected prior to installation. The buyer must check that the shutters and blinds are in accordance with the purchase order both for colour and design prior to installation. The seller cannot accept responsibility in circumstances where the buyer is not present at the delivery/installation address.
(b) The buyer must check that shutters are to colour sample prior to installation. The seller cannot guarantee precise colour matching against samples, our products are made from a natural material. Minor imperfections not readily apparent at a distance of four feet under ordinary light will not be accepted as defects. Colour matching of finishing products (e.g. paints and stains) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished product.
(c) Seattle, Georgia, Hollywood, Boston and Boston Premium shutters with a Paint Finish come with a 3-year limited warranty on colour fastness of paints. Pheonix and Carolina stained shutters and MDF shutters have a 3-year limited warranty on colour fastness of stained products. Our goods are not guaranteed against extreme damp or variable conditions.
(d) The seller reserves the right to withdraw any products and colours at any time without prior notice and cannot be held responsible for any consequences, caused by the withdrawal of such products.
(e) Under no circumstances, except in respect of death or personal injury caused by the sellers negligence does the seller accept liability for consequential loss, damage costs or expenses, howsoever arising and any liability for any such consequential loss damage is hereby specifically excluded. Should a claim be made the seller's liability is limited to value of funds received by the buyer.
(f) The seller gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing as surveyed by the company, other installation and uses are the risk of the buyer.
(g) Tolerance levels of overall panel specifications are plus or minus 2 mm, and the product will not be considered defective if falling within the size range. Warp on any component part, vertical or horizontal, shall not exceed 1 mm per 300 mm and shall not be considered defective if within this tolerance.
(h) Limitations. It is recommended that panels be ordered within our normal specification range. For example, that panels above 1800 mm in height are ordered with a mid or divider rail, and that panel widths do not exceed 550 mm. We may exceed the limitation at your request, but in doing so we cannot accept responsibility for problems that result.
(i) If the client is not on site when property is surveyed or installed the shutters will be fitted in accordance to our standard practices unless agreed prior to confirmation. If they choose to install against our recommendation then liability will be theirs.
(j) If installers are paid by the clients directly the seller cannot accept liability for any damage. The foregoing is in substitution for all other terms, express or implied relating to the quality or fitness for purpose, and all such terms are hereby excluded. This does not, however, affect the consumer's statutory rights.
(h) This warranty is exclusive and in lieu of all other obligations, liabilities or warranties. In no event shall Lighthouse Shutters be liable for incidental or consequential damages, or for any expense associated with such damages. Repair or remakes of defective products is the sole remedy under this warranty and in no event shall Lighthouse Shutters be liable for costs to remove and/or reinstall a product that they have not originally fitted.
(i) This warranty does not cover any condition of or damage to the shutter or window, from unauthorised repairs, accidents, alterations, misuse, abuse, act of God, motorised devices, wear and tear or failure to follow our instructions with respect to measurement, installations, cleaning or maintenance. Improper, inappropriate or unauthorised replacement parts, repairs or maintenance voids this warranty. Due to manufacturing, natural variations in colour, grain and texture in these products, Lighthouse Shutters is not able to guarantee exact matches to samples, nor are they able to guarantee exact matches on subsequent orders.
(j) All other warranties, both express and implied, are expressly disclaimed. This warranty excludes all liability for consequential or incidental damages for any cause whatsoever.
Specification
The buyer is responsible for all choices that are made at time of survey. Once an order has been placed design options, products, colours etc. cannot be changed. Unless at the cost to the buyer.
Jurisdiction
Contracts with the seller shall in all respects to be constructed and operate as a contract made in England. The buyer and the seller hereby accept the exclusive jurisdiction of the English or European Courts in relation to any dispute which may arise out of or in connection with the contract for the goods supplied thereunder save that either party to the contract may refer any dispute thereunder to the tribunal of arbitration of the London Chamber of Commerce.
Cancellation
You have the right to cancel this contract within 14 days in relation to cash/credit contracts. Any credit agreement related to this contract will automatically be cancelled if you cancel the contract for goods/services within 14 days, starting with the date your received your Notice of the Right to Cancel (the ‘Cancellation Period’), either by: giving notice in writing to us at the following address:
Lighthouse Shutters Limited
Unit 3 Green Barn
Green Lane
Chickerell
Dorset
DT3 4AL
Or by email to michelle@lighthouseshutters.co.uk
Or by completing and returning to us the Notice of the Right to Cancel at the given address above. If you serve a cancellation notice in accordance with the above, the contract is treated as cancelled. If you enter into the contract and wish the performance of the contract to commence before the end of the Cancellation Period, you must notify us of this in writing. Where you cancel the contract requesting after the early commencement of such, you shall be obliged to pay for the work done or the goods received up to the date of the cancellation. Notice of the cancellation is deemed to be served as soon as it is posted or sent to Lighthouse Shutters Ltd or in the case of an email from the day it was sent to
michelle@lighthouseshutters.co.uk
Lighthouse Shutters Ltd is registered in England and Wales, Reg No. 09283364