Last update October 2020.
TERMS AND CONDITIONS OF SALE
ACCEPTANCE:
All orders are subject to approval by an authorized representative of Solaris Lighting. (“SL”).
TERMS OF PAYMENT:
Net thirty (30) days for customers that have passed SL’s credit approval process. For customers that have not passed SL’s credit approval process, SL may require all or a portion of the purchase price to be prepaid by either SWIFT or CHAPS transfer or other method of payment acceptable to SL. As service change will be charged by SL on any past-due customer account balance. SL reserves the right to apply interest changes at the rate calculated 5% per annum up and above the base rate operated by Barclays Bank PLC on a day-to-day bases until payment is made and received in full. SL shall be entitled to recover its solicitor’s fees and other costs associated with proceedings taken to collect on past due accounts.
TERMS OF SHIPMENT:
All shipments are Ex works Factory (Incoterms-EXW) unless otherwise agreed. Title and risk of all goods shall pass from SL to the customer at such time that they have been placed at the disposal of the customer, execution of a bill of lading or tender of freight to carrier’s agent or customer’s agent, whichever shall first occur. All freight charges are extra, unless otherwise quoted. Shipments will be made collect via the customer’s carrier of choice (if available). Alternatively, the customer may specify prepaid and charged shipping and the costs of shipping will be added to the customer’s invoice. Prepaid and charged orders will be shipped by SL’s choice of carrier.
SHIPPING LEAD TIMES:
Quoted ship dates are approximate and are based on manufacturing lead times existing at the time of receipt of the customer’s order. SL will utilize its best efforts to ship within quoted lead times but shall not be responsible for any delays or damages arising from a change in shipping dates.
RETURN MERCHANDISE TERMS:
No merchandise may be returned by the customer without prior written authorization. The customer must request SL’s Return Material Authorization form (“RMA”). No returns shall be accepted without a written RMA duly authorized by SL. With the exception of defective items, returned merchandise must be in its original, sealed packaging and shipped prepaid by the customer to SL’s factory. With the exception of items determined by SL to be defective in materials or workmanship, all returns will be subject to a minimum 40% inspection, handling and re-stocking charge. This charge shall be deducted from any credit which the customer may be due. SL reserves the right to limit returns of product.
ORDER CANCELLATION TERMS:
Orders for products may not be cancelled or altered, nor may deliveries be suspended, SL reserves the right to change a cancellation fee of up to 90% of the order value in the event of order being cancelled of an following receipt of an official instructions from the client except with the written consent of SL, provided that orders may be cancelled at any time prior to the commencement of production of the products subject to the order.
PRICING:
All prices are exclusive of sales, use, excise or similar taxes, and import duties, if applicable, unless otherwise noted. Currency shall be stated on the face of SL’s quotation. Unless otherwise indicated on the face of SL’s quotation, sales order, or invoice, all pricing quoted is in British Pounds (GBP) or US Dollars (USD).
CHANGES IN PRODUCT DESIGN:
In the interest of product enhancement and improvement, SL reserves the right to modify or change the design and/or construction of any of its products without any prior notice. Dimensions of SL’s fixtures are subject to change without any prior notice.
LIMITED WARRANTIES:
THE FOLLOWING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
All warranties hereunder commence at the time at which title to the products passes from SL to the customer as set out above.
LIMITED GENERAL WARRANTY:
SL warrants that its products are free from defects in materials and workmanship for a period of five (5) years from the date of shipment to the customer when operating under normal working environments/condition.
Components judged to be defective by SL shall be replaced by SL. In no case shall SL be responsible for any costs beyond replacement of parts for the product in question. For greater certainty, under no circumstances shall SL be responsible for any labour costs, service charges or other similar costs, fees or expenses in connection with the repair or replacement of the product.
The following are expressly excluded from this warranty:
(a) Products which, in the opinion of SL, have not been installed or maintained in accordance with SL’s instructions;
(b) Products which have been repaired or altered by any party other than SL or any party authorized by SL to make such repairs; and
(c) Products which, in SL’s judgment, have been subjected to misuse, abuse, improper storage or abnormal environmental conditions, or have been used in any manner or for any purpose other than that which was communicated to SL at the time of the order.
LIMITED FINISH WARRANTY:
SL warrants that the visible painted surfaces of its products will be free from significant corrosion, flaking, discoloration or de-lamination for a period of five (5) years from the date of shipment. SL must be notified in writing within sixty (60) days of the defect first being noticed. If SL determines, in its sole discretion, that a warranty claim is valid and that a defect exists, SL will refund the value of the painted finish, on a prorated basis, up to a maximum of the value of the painted finish (as published in the latest trade price list). For greater certainty, under no circumstances shall SL be responsible for any labour costs, service charges or other similar costs, fees or expenses in connection with the repair or replacement of the finish.
The following are expressly excluded from this warranty:
(a) Surface finish on replacement parts not supplied by SL;
(b) Damages caused by improper use, negligence, vandalism, improper storage, improper handling, foreign material attached to the equipment, and damages caused by poor installation;
(c) Corrosion, flaking, discoloration, de-lamination or other similar damage caused by unusual or abnormal environmental conditions such as hail, severe storms (including hurricanes), acid rain, tree sap, water immersion or airborne toxins.
LIMITATION OF LIABILITY:
The limited warranties herein cover defects in materials and workmanship only. The total liability of SL under any and all claims of any kind shall in no event exceed the purchase price of the specific product which gives rise to the claim. In no event shall SL be liable for any indirect, special, consequential, punitive or liquidated damages, labour charges, lost profits or revenues or any damage to any related equipment or property to which the product is affixed.
CHOICE OF LAW AND JURISDICTION:
(a) All sales are subject to English law. The English Courts shall have sole and exclusive jurisdiction over any disputes arising from or related to such sales which are not otherwise governed by paragraph (b) immediately following.
(b) All matters and disputes arising hereunder which involve an amount up to and including 50,000 GBP shall be referred to the award and determination of a single arbitrator selected jointly by the parties or, if the parties cannot agree, by a Court in accordance with the provisions of the Commercial Arbitration Act of 1996 of England.
All matters and disputes arising hereunder which involve an amount over 50,000 GBP shall be referred to the award and determination of a board of arbitration consisting of three arbitrators, one to be appointed by each party and the third shall be appointed by agreement of the two arbitrators, and failing such agreement, in accordance with the provisions of the Commercial Arbitration Act of 1996 of England. All such arbitrators shall have all the powers given by the Commercial Arbitration Act of 1996 to arbitrators and may, if they think fit, proceed ex parte after such notice as they deem reasonable. Each of the parties shall bear the costs of arbitrators appointed by it.
The other expenses of arbitration, including the costs of the arbitrator where a sole arbitrator is appointed, shall be borne equally by the parties. The procedure shall conform to the provisions of the Commercial Arbitration Act of 1996 of England provided that for arbitrations involving amounts up to and including 50,000 GBP, the expedited arbitration procedure found in Section 23 Part 1 to the Commercial Arbitration Act of 1996 shall be applied. The arbitration award shall be final and binding on the parties, save that either party shall have the right to appeal to the court for an error of law or mixed fact and law. Any arbitration hereunder shall take place in England.
PUBLICATION:
SL reserves the right to publish its customers’ names and order quantities following delivery of an order. SL may also take photographs and/or video footage of its installations for promotional purposes, provided that the installations are in public areas. If the customer wishes to have itself excluded from any of these promotional activities, it must notify SL in writing immediately and SL will, upon receipt of such notice, take all reasonable steps to exclude the customer from all future promotional activities. SL will not disclose financial terms or pricing of any purchase without the express written consent of the customer.
TERMS AND CONDITIONS OF WEBSITE
(1) Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.
(2) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.
(3) Licence to use website
You may view, download for caching purposes only, and print pages or other content from the website, provided that:
(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
(4) Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date. Our liability is limited and excluded to the maximum extent permitted under applicable law.
We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion OR if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.
(6) Variation
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(7) Entire agreement
These terms and conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(8) Law and jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
(9) Our contact details
The full name of our company is Solaris Lighting Ltd and our address is, Solaris Lighting Ltd, 27 Whitehorse Road, Croydon, CR0 2JH, England, UK You can contact us by email: info@solarislighting.co.uk . For your personal data, please write to us by email to info@solarislighting.co.uk or by post to Solaris Lighting Ltd, 27 Whitehorse Road, Croydon, CR0 2JH, England, UK