Trading Terms & Conditions
1. OUR CONTRACT
1.1 These terms and conditions govern the supply of goods sold by Neo Design Studio Limited company number 9664878 ("we" and "us") to the customer ("you") and constitute the entire and only agreement between us in relation thereto.
1.2 All orders placed written or verbal are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
2. PRICE & PAYMENT
2.1 All prices quoted are exclusive of VAT and delivery. These prices can be subject to change without prior notice.
2.2 We reserve the right to change the price of our goods if the supply cost to us increases due to market conditions but we will confirm the prevailing price with you before accepting you order. We are not obliged to accept your order for such goods and may decline the order or limit the order quantity.
2.3 On occasion, prices may differ from prices quoted on previous orders for the product. We are under no obligation to honour previously quoted or invoiced prices.
2.4 All orders are on a pro-forma basis whereby cleared payment is required in full before we will process the order and/or commence production.
2.5 All orders will be subject to a carriage charge. Carriage is payable by the Buyer who will be charged at cost according to weight and destination plus a cover charge for handling and packing. Whilst we make every effort to inform customers about carriage costs and encourage a carriage paid order at the point of sale, this is not our responsibility. We are at liberty to change our carriage charge without prior consent in the event of our couriers' increasing prices.
3. DELIVERY & TITLE
3.1 We will deliver the goods to the invoice address unless you specify a different delivery address on the purchase order. We cannot facilitate collections.
3.2 In the unlikely event that you have not received your goods within the stated delivery time, you must notify us immediately. You must advise your customers not to commence any installation work until you have received your order and products have been checked for missing parts or defects.
3.3 Any short deliveries need to be notified in writing within 48 hours of delivery. We cannot entertain any claims for short deliveries if they are not notified within this period. Your staff must check quantities upon receipt of goods, a delivery note is provided for this purpose.
4. PRODUCT SPECIFICATION
4.1 We reserve the right to alter product specification published in our catalogue or website at our discretion. This can be in the form of dimensions, material composition, fixings, cable entry points, recess depths, hole cut outs required, lamp type, and inclusion of lamps. It is imperative that installers are advised not to make preparations for materials in terms of hole cut outs or fixing details without physically holding the products in their stores or at site. We will not be held responsible for costs in the event of specification changes to our product, lack of stock or non delivery.
4.2 Receipt of an order for bespoke products is taken as approval of the design and specification by the customer. Whilst every effort is made to produce and supply bespoke products to the customers approved drawings and specification, we reserve the right to make changes at any time in the manufacturing process in order to produce a bespoke product as close the original concept as possible within the constraints of timescales and budget. We will endeavor to inform the customer of any changes. We always recommend that a prototype is ordered for bespoke products. It must also be noted that changes to the specification by the customer once an order has been placed may increase not only the cost but also the lead-time on items. We reserve the right to revise quotations should any changes arise.
5.1 Whilst we endeavour to supply or deliver all goods ordered, we can be out of stock on certain products or ranges advertised on our website or literature. In the event of being out of stock, we will advise you of an estimated delivery time. This is only an estimate and we will not be held responsible if these items do not arrive on time. It is entirely your decision if you are going to wait for these items or source an alternative product.
5.2 Whilst manufacturing bespoke products on behalf of customers, again we will advise you of an estimated delivery time. This is an estimate and we cannot be held responsible for meeting this estimate. The order for bespoke products is taken on the principle that you cannot cancel the order once it has been placed in writing for any reason.
6. CANCELLATION, RETURN & LIABILITY
6.1 Neo Design Studio Limited operates a strict no returns policy on both standard and bespoke fixtures. Over-ordered or incorrectly ordered products cannot be returned under any circumstances. Please check your call-off and luminaire schedules before placing orders.
6.2 Once your packages arrive please inspect carefully and if the packaging is damaged or opened please mark the delivery note as 'damaged' in the signature box, including hand held electronic capture devices. You may also choose to refuse the delivery and mark as 'damaged' (the goods will be returned to us).
6.2.1 If you find your order is damaged when you open the package, or missing any parts or is faulty or incorrect please contact us within 48 hours via email. We will ask you to email us photos of the damage/evidence and then we will organise collection of the goods. Please keep all packaging and instructions and do not use. Please place goods back in the original packaging for the collection, we're unable to arrange a collection for items that are un-boxed. If you do not keep the packaging then it is your responsibility to make sure the products are re boxed, we do not provide additional boxes. We will arrange collection and once we have inspected the goods and are satisfied that the goods are faulty due to manufacture and have not been tampered with in any way we will organise a replacement as soon as possible.
6.2.2 We will of course look to repair or replace products found to be faulty and within their individual warranty. We will not be held responsible for consequential losses, loss of profits, administrative inconvenience, disappointment or damage arising out of any problem in relation to the goods. We shall have no liability to pay money to you or any third party by way of compensation other than any credit, replacement or repair we make under these conditions.
6.2.3 If, after inspection, we are not satisfied that the goods are faulty due to manufacture, then we will return the damaged goods to you and all invoices will remain payable.
6.4 This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
6.5 Goods are intended for use in the UK and we make no warranties that the goods are suitable for use outside the UK, or comply with any laws, regulations or standards of any jurisdiction outside the UK.
6.6 Our products are guaranteed against faulty materials and workmanship for one year, either from the date you have paid for the goods or received the goods, whichever is the latter. Any goods which have been mishandled, repaired, etc. by you or anyone else will lose their guarantee.
6.7 Our guarantee is for the UK only.
7.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
8.1 The data in our catalogue and website is provided in good faith and only for information. This data may not be used against us and we reserve the right to alter all product data at any time, without notice.
9. FORCE MAJEURE
9.1 We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.
9.2 For the purposes of this condition "force majeure" shall include, but not be limited to, acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.
9.3 Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.
10.1 We do not provide additional guarantees. Our products must be installed by a qualified NIC/ECA registered contractor, who will issue an Electrical Installation Certificate to BS7671 on completion.
11.1 We do not exclude liability for death or personal injury. However we shall not be liable for any direct loss or damage suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise, in excess of Twenty Thousand Pounds, £20,000.00
11.2 We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused, whether by negligence, breach of contract, misrepresentation or otherwise.
11.3 We or our insurers shall not be liable to investigate any claim for loss unless you have given written notice to us within 14 days of its occurrence and given us or our insurers every facility to investigate such occurrence.
12.1 We aim to provide a high level of service. If you do have an enquiry or complaint regarding the goods provided please address them by email to Customer Care, Neo Design Studio Limited - email@example.com.
13.1 If any part of these terms and conditions are found to be unlawful it shall not affect the validity or enforceability of the remaining clauses. These terms and conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.