Terms of service

ONLINE ECOMMERCE TERMS & CONDITIONS OF SALE

OF UNO-LIGHTING.COM

(NB : DEFINITIONS APPEAR IN CONDITION 18)

1. APPLICABLE TERMS

1.1. Any quotation given by the Seller to the Buyer in Writing is only an invitation to the Buyer to make an offer for the purchase of Goods from the Seller and no order placed in Writing by the Buyer with the Seller for the purchase of Goods in pursuance of a quotation from the Seller or without any quotation having been issued by the Seller or pursuant to an On-line Order shall be binding on the Seller and the Buyer (and thereby constitute a contract between the Seller and Buyer for the sale and purchase of Goods) unless and until it is accepted (“Acceptance”):- (i) by the Seller’s acceptance in Writing of the Buyer’s order ; or (ii) by the issue by the Seller of an On-line Order Confirmation; or (iii) by the issue by the Seller to the Buyer of a dispatch note or delivery note for the Goods , or (iv) by virtue of the goods being dispatched by the Seller to the Buyer.

1.2. These Conditions are the only terms upon which the Seller offers and agrees to contract with the Buyer for the sale and purchase of Goods. Any contract made between the Buyer and the Seller for the sale and purchase of the Goods shall incorporate and be subject to these Conditions which shall govern such contract to the exclusion of any other terms and conditions subject to which any offer is made or purported to be made by the Buyer. In no case shall the Buyer’s conditions of purchase apply to such contract.

1.3. Whilst every effort is made by the Seller to ensure that no such error or omission occurs, any typographical, clerical or other error or omission in any sales literature, website based information, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction by the Seller at any time without any liability on the Seller’s part. The Buyer acknowledges that the website text, price lists, lists of items for sale or other sales literature published on the Seller’s Website constitute an invitation to treat and may not be construed by the Buyer as any offer by or binding upon the Seller to sell any items to the Buyer.

1.4. Unless otherwise agreed in Writing, the Seller reserves the right to dispatch or deliver Goods of a modified design (as a result of changes in the law or at the sole discretion of the Seller) provided that (i) any difference does not make the Goods unsuitable for any purpose the Buyer has made known to the Seller; and (ii) such dispatched or delivered Goods shall be of equal or higher value to the Goods which the Buyer originally ordered.

1.5 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order for Goods submitted by the Buyer to the Seller, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform its obligations under these Conditions. The Seller shall incur no liability resulting from inaccurate information being supplied by the Buyer.

1.6 Subject to Condition 8.7.1 below, an order from the Buyer may not be cancelled by the Buyer after Acceptance except with the agreement in Writing of the authorised representatives of the Seller and on terms that the Buyer shall indemnify the Seller in full forthwith on demand from and against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of the cancellation (whether directly or indirectly) by the Buyer of that order.

1. PRICE

Unless otherwise agreed, the price of the Goods (which shall be shown on the Seller’s Website or on the sales order acknowledgement document in respect of the Goods issued by the Seller to the Buyer) is exclusive of VAT and other taxes and the cost of carriage and is based on costs current at the date of Acceptance. The Seller reserves the right at any time prior to delivery of the Goods to adjust the price of the Goods to take account of :- (i) any increase in the costs to the Seller which is due to any factor beyond the Seller’s control (including, without limitation, currency regulation, alteration of duties, taxes, increases in the costs of labour, services, transport, materials or other costs of manufacture or any foreign currency fluctuations which increase the costs to it of Goods imported into the United Kingdom) ; or (ii) any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer ; or (iii) any delay caused by any of the Buyer’s instructions or the Buyer’s failure to give the Seller adequate information or instructions. The Seller also reserves the right to increase the quoted or agreed prices for Goods if the Buyer’s instructions are such that the Seller is required:- (i) to carry out work other than during normal working hours (normal working hours being Monday to Friday from 9am until 5:00pm;

Discount, Offers or Promotion, Discount Codes

1. PAYMENT

Payment by Credit Card: 

Uno Lighting reserves the right to cancel/reject any orders that are made over the value of £25 by Credit card.

Any orders which are flagged as being potentially fraudulent or of risk of chargeback will be cancelled/rejected. 

If you need to place an order by credit card, please contact us first.

3.1. Unless agreed otherwise in Writing by the Seller (and subject to Condition 5 below) the price of the Goods shall be payable:-

3.1.1. in the case a Buyer who is a business credit account holder with the Seller, on or before the 28th day (or first working day thereafter) of the calendar month following the month in which the Seller invoices the Buyer; and

3.1.2. in all other cases, on demand.

3.2. Where the Buyer has a Business trade credit account with the Seller, if at the date on which the Seller is ready to deliver the Goods the Buyer delays delivery of the Goods for any reason, the Seller may present invoices for full settlement within 7 days of that date.

3.3. Time for payment shall be of the essence.

3.4. In default of any payment on the due date and without prejudice to any other rights or remedies the Seller reserves the right to demand immediate payment of all outstanding balances owed by the Buyer to the Seller whether or not then due.

3.5. Interest (both before and after any judgement) shall be charged on outstanding balances due by the Buyer to the Seller at the rate of 5 per cent per annum above Barclays Bank plc base rate from time to time (to accrue pro rata on a daily basis from the due date for payment until the date of actual payment)..

3.6. The Buyer shall not be entitled to withhold or set-off payment for Goods delivered for any reason whatsoever. The Seller may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer against any amount payable by the Seller to the Buyer.

3.7. In the case of a Buyer who is a credit account holder with the Seller, the Seller shall be entitled in its sole discretion to suspend or terminate the Buyer’s credit account if the Buyer fails to make a payment when it becomes due or if the Seller otherwise reasonably believes that the Buyer has failed or will fail to comply with the terms of the credit account.

3.8. The Buyer shall indemnify the Seller forthwith on demand from and against any legal or other expense incurred by the Seller in the collection of any sums outstanding from the Buyer to the Seller, including without limitation, legal costs and fees.

1. GUARANTEE

4.1. If the Buyer is a limited company, any director or directors who sign the Seller’s credit account application form agree (if more than one, jointly and severally) to personally guarantee the payment of all monies, debts and liabilities of any nature from time to time due or owing from or incurred by the Buyer to the Seller (the “Guaranteed Obligations”).

4.2. The guarantee in Condition 4.1 above is and shall at all times be a continuing security and shall cover the ultimate balance of all monies payable under the contract between the Seller and the Buyer for the sale and purchase of Goods, irrespective of any intermediate payment or discharge in full or in part of the Guaranteed Obligations.

1. CREDIT

Any contract between the Seller and the Buyer for the sale and purchase of Goods shall be subject to the provision that if at any time thereafter the Seller is advised or informed of circumstances casting doubt on the Buyer’s credit worthiness or satisfactory security for payment is not given to the Seller by the Buyer promptly on request, the Seller may require payment of the whole or part of the purchase price for the Goods from the Buyer in advance and pending such payment the contract between the Seller and the Buyer for the sale and purchase of the Goods shall be suspended. In the event of such advance payment not being made within a reasonable period stipulated in Writing by the Seller, the Seller may cancel the Buyer’s order without liability and the Buyer shall be responsible for any resulting loss to the Seller.

1. RISK

The risk in respect of all Goods sold under the contract between the Seller and the Buyer shall pass to the Buyer upon delivery to the Buyer or to the Buyer’s order In any event the property in the Goods shall not pass to the Buyer except as provided in Condition 7 below.

1. TITLE RETENTION

7.1. Until the purchase price of the Goods and all other indebtedness of the Buyer to the Seller shall have been paid or satisfied in full (if by cheque then only upon clearance):-

7.1.1. the property in the Goods shall remain vested in the Seller (notwithstanding the delivery of the same and the passing of the risk therein) and the Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the Seller’s property and if the Buyer does so all moneys owing by the Buyer to the Seller will forthwith become due and payable without notice being required for the purpose ;

7.1.2. the Buyer shall properly store the Goods in such a way that they can be readily identified as being the Seller’s property ;

7.1.3. the Buyer shall promptly on request inform the Seller of the precise location of each item of the Goods identified where applicable by its serial number, by supplying the Seller (at the Buyer’s expense within seven days of the Seller’s request) with a written schedule of the said locations. Provided that the Goods have not been sold pursuant to Condition

7.1.4 below until the property in the Goods passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so immediately, the Seller reserves the right to enter upon any premises where the Goods are stored and to repossess the Goods and to dismantle the same (without being liable for any damage caused by so doing) ;

7.1.4. the Buyer may sell the Goods as the Seller’s agent in the normal course of the Buyer’s business (but shall account to the Seller for the proceeds of sale of the Goods and shall keep all such proceeds separate from any other moneys or property) and may pass good title to the Buyer’s customer(s) being a bona fide purchaser(s) for value without notice of the Seller’s rights on the following Conditions:-

7.1.4.1. the Seller may at any time revoke the Buyer’s said power of sale in the circumstances set out in Condition 5 or 11 of these Conditions ;

7.1.4.2. the Buyer’s power of sale shall automatically cease in any of the circumstances set out in Condition 11 of these Conditions ;

7.1.4.3. the Buyer shall notify the Seller without delay of any attachment of the Goods or actions by third parties which might infringe the Seller’s title to the Goods ;

7.1.5. Upon any revocation or cessation of the Buyer’s power of sale pursuant to Conditions 7.1.4.1 or 7.1.4.2 above the Seller shall be entitled by itself, its servants or agents to enter upon any of the Buyer’s premises or any other premises for the purpose of removing and repossessing such Goods and the Buyer shall indemnify the Seller forthwith on demand from and against any claims arising from such repossession and for the cost of such repossession;

7.1.5.1. until the title in the Goods has passed to the Buyer:-

7.1.5.2. the Buyer shall not purport to be the owner of the Goods, shall hold the Goods as the Seller’s fiduciary agent and trustee or bailee and shall not show such Goods as stock in its accounts ;

7.1.5.3. the Buyer shall insure the Goods (for their full reinstatement value) against theft or any damage howsoever caused until their price has been paid in full or until their sale whichever shall first occur and the Seller shall be entitled to call for details of the insurance policy to be provided to it;

7.1.5.4. if the Buyer shall not insure the Goods or shall fail to supply details of its insurance policy on demand to the Seller the Buyer shall reimburse the Seller for the cost of any insurance which the Seller may reasonably arrange in respect of any of the Goods during the whole or any part of the period from the date of delivery of the Goods until the date of payment to it of their full purchase price.

7.2. Nothing in these Conditions shall:-

7.2.1. (subject to Condition 8.7.1 below) entitle the Buyer to return the Goods or to delay payment for the Goods; or

7.2.2. (other than pursuant to Condition 7.1.6.1 above) constitute or be deemed to have constituted the Buyer as the Seller’s agent; or

7.2.3. render the Seller liable to any third party for any unauthorised representation or warranty made or given by the Buyer to such third party in relation to the Goods; or

7.2.4. prevent the Seller from maintaining an action for the price of the Goods not withstanding that the property in the Goods may not have passed to the Buyer.

1. DELIVERY AND RETURNS

8.1. The Deliver address is provide by Buyer in Writing, the Seller delivering the Goods to the correct address. To the extent that the place of delivery so agreed is not a Standard Delivery Location, the Seller has the right to increase the quoted or agreed price for the Goods in accordance with Condition 2 above.

8.2. Any delivery date for the Goods which is quoted is given in good faith, but any dates quoted for delivery of the Goods are not guaranteed and the Seller shall not be responsible or liable for any delay or failure in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence and the Seller shall not be liable for any delay in delivery howsoever caused. The Seller may deliver Goods before the agreed or quoted delivery date upon giving the Buyer reasonable notice.

8.3. The Seller shall be entitled to make delivery by installments (in which case each delivery shall constitute a separate contract between the Seller and the Buyer), and to invoice the Buyer separately for each instalment. Failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole between the Seller and the Buyer as repudiated or terminated.

8.4. Except in the case of delivery at the Seller’s premises, the Buyer shall at its own expense use all reasonable endeavours to ensure that the Seller is able to freely access and make any deliveries to any other place for delivery at such time(s) as may be specified by the Seller in Writing. Any failure by the Buyer to comply with the provisions of this Condition or to otherwise accept delivery (save upon such grounds for rejection as are specified in the law relating to the Sale of Goods) or the Buyer failing to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) shall be deemed to be a breach of contract and then, without prejudice to any other right or remedy available to the Seller, the Seller may:-

1. i) store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
2. ii) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price payable by the Buyer to the Seller for the Goods or charge the Buyer for any shortfall below that price. Any additional costs incurred by the Seller in re-delivering the Goods (either to the originally agreed place for delivery or to such other place as may be reasonably requested by the Buyer) will be charged to the Buyer.

8.5 The quantity of any consignment of Goods as recorded by the Seller upon dispatch from the Seller's premises shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

8.6 Notwithstanding the provisions of Condition 8.5, the Seller shall not be liable for any under-delivery of Goods in whole or in part (even if caused by the Seller's negligence) unless the Buyer gives notice in Writing to the Seller of the under-delivery within 48 hours of the date when the Goods are delivered to the Buyer (as recorded by the Seller or, if there is no such record, when the Goods would in the ordinary course of events have been received). Any liability of the Seller for under-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such goods.

8.7.1 Subject to Condition 8.7.2 below, within 30 days of the day after the day of delivery of the Goods to the Buyer, the Buyer shall be entitled to cancel the contract between the Seller and the Buyer for the sale and purchase of the Goods (This is excluding Bespoke Orders), return the Goods in their original packaging and receive a full refund provided that the Goods have not been used in any way, are in the same good condition in which they were received by the Buyer and are returned to the Seller. In such event the Buyer shall be responsible for the costs of returning the Goods in their original packaging and shall indemnify the Seller promptly on demand from and against all and any such costs. If the Seller collects the Goods, the Seller retains the right to charge the Buyer for any direct costs associated with the return of the Goods. No additional re-stocking charge or administrational charge will be added in accordance with Distance Selling Regulations. The Seller’s’ customer service centre can be contacted for an accurate cost of returning goods as costs may vary depending on product specification and location. For more information on the Buyer’s right to withdraw from its purchase within the seven working day cooling-off period, the Buyer should please visit the Department of Trade and Industry's website at: http://www.dti.gov.uk/consumers/buying-selling/distance-selling/index.html

8.7.2  For Bespoke Items (which applies to LED strip bespoke cut to lengths service and bespoke color bezels) due to this is made to order on specific requirement, the orders are non-cancellable and non-returnable. 

Exercise care and caution when installing the LED strip to avoid damage, as LED Strip does not have a protective layer or case, so can easily be physically damaged. Please note that the product warranty may become void if the strip is physically bent or damaged during installation. 

Returns, Inspection & Advance Replacement Policy

From the date we receive your returned item(s), please allow a minimum of 7 working days for standard returns to be processed.

For items reported as faulty or requiring technical inspection and testing, processing may take up to 14 working days, as a full assessment is required before any resolution can be determined.

As per the stated return processing times, we are unable to provide updates on the status of inspection or testing before the above timeframes have elapsed. This applies to both standard and faulty returns.

If a replacement product is required urgently, we recommend purchasing an advance replacement. Please note that if the original returned item is inspected and deemed not to be faulty, we are unable to offer a refund for the advance replacement, as the item does not meet the criteria for a faulty return.

In such cases, the original item will be returned to the customer, and any associated return or re-delivery costs will be the responsibility of the customer.

Nothing in this policy affects your statutory rights under the Consumer Rights Act 2015.

Delivery Process

We will arrange for the delivery of goods to the address provided at the time of order. Our courier service will deliver the goods and provide proof of delivery, which may include a photograph or signature confirming receipt.

Proof of Delivery

Delivery will be considered complete when our courier provides proof of delivery. This serves as confirmation that the parcel was delivered to the designated address.

Transfer of Liability

Once the goods are marked as delivered by our courier, liability for the parcel transfers to you, the buyer. This means that any loss, theft, or damage occurring after delivery is the responsibility of the buyer.

Delivery & Safe Place Policy

By placing an order with us, you agree to the following delivery terms:

1. Delivery Attempts
If the courier attempts delivery and no one is available at the address, the courier may deliver the parcel to a Safe Place. This may include, but is not limited to:

• Your driveway

• Your doorstep

• A porch area

• A designated safe location deemed appropriate by the courier

2. Authorisation to Leave in a Safe Place
Unless you have explicitly notified us in writing prior to dispatch that your parcel must not be left in a Safe Place, you authorise the courier to leave the parcel in any location they consider reasonably secure.

3. Customer Instructions
If you do not want your parcel left in a Safe Place, you must inform us in writing before the order is shipped. We will pass these instructions to the courier, but we cannot guarantee that the courier will always follow optional requests.

4. Liability After Delivery
Once the courier has delivered the parcel to your address or to a Safe Place (in accordance with the above terms), the delivery is considered completed, and responsibility for the parcel passes to the customer.

5. Failed Deliveries
If the parcel cannot be left in a Safe Place or delivered successfully, the courier may attempt redelivery or return the parcel to the depot. Additional redelivery charges may apply depending on courier policy.

Reporting Theft

In the event that you believe your parcel has been stolen after delivery, it is your responsibility to report the theft to the local police immediately. A police report may be required for any claims.

Claims and Insurance

We advise considering insurance for valuable items. If a parcel is lost or stolen, please refer to the courier’s claims process to seek potential compensation.

Consumer Rights

You are entitled to certain consumer rights under UK law regarding returns and refunds. However, if the delivery has been confirmed with proof, we are not liable for items that are reported as stolen post-delivery.

Limitations of Liability

The seller shall not be liable for any loss or damage once the parcel has been delivered and marked as such by the courier service.

By placing your order, you acknowledge that you have read and accept these Sales and Delivery Terms.

Delivery Lead Time for Oversized Items

*Please be advised that the delivery time for extra Length profile is estimated to be between 2 to 3 working days within England area, 5 working days for Scotland / Northern Island. In the event that profile is ordered alongside other items, this item may be delivered 1 to 2 days after the other items have been received, despite all items being dispatched simultaneously.

Variability of Delivery: The delivery timeframe for oversized items can be affected by various factors, including but not limited to shipping logistics, carrier availability, and transit conditions. As a result, we cannot guarantee that delivery will occur within the estimated timeframe.

Non-Refundable Shipping Charges: In the event of a delay in the delivery of oversized items beyond the estimated lead time, we regret to inform you that we cannot refund or reduce the shipping charges. By placing your order, you acknowledge and accept this policy regarding shipping charges for oversized items.

Bespoke Strip Quotations:

All quotations for bespoke strips are formulated based on the information provided by the buyer. Upon acceptance of the quote, the buyer affirms that the product specifications align with their requirements. Uno Lighting, as the seller, disclaims any responsibility for products not meeting customer requirements once the order has been placed.

 Electrical Information Disclaimer: 

Uno Lighting, the seller, cannot provide information about electrical installation or electrical requirements for any lighting or electrical products. Buyers are strongly advised to consult a qualified professional before contacting the seller regarding project requirements and seeking technical information about installation and maintenance.

8.7.2 Subject to Condition 8.7.1 above, any refunds to the Buyer are entirely at the discretion of the Seller. In the event that the Seller, in its sole discretion, grant a refund to the Buyer, any costs incurred by the Seller in procuring that refund shall be borne by the Buyer. 

1. WARRANTY

All of our products are all of a professional and specification grade and therefore must be installed by a qualified professional to ensure the install is done safely, correctly and complies with the relevant regulations. If you have any questions about how to install the products or what is required, it is advised that you contact a qualified professional.  The company reserves the right to make a 25% inspection and re-stocking fee on all products.

9.1. The Buyer shall lodge with the Seller in Writing within 7 days after delivery of the Goods any claims in respect of defects in such Goods, which are reasonably capable of detection by careful examination. Defects which are not detectable by careful examination within that period shall be notified in Writing by the Buyer as soon as practicable and in any event no later than:-

9.1.1. 30 days after discovery of the defect; or

9.1.2. 12 months after the date of received of the Goods, whichever occurs first.

9.2. The Seller shall at is option repair or replace or refund or credit the purchase price of any Goods or part thereof in which under proper storage and use defects appear within the time limits set out in Condition 9.1 above which are caused by faulty material or workmanship and if any Goods, during the recommended service life, and if fitted to an application stated in the current catalogue or bulletin of the Seller are found to be defective, the Seller will accept responsibility for damage to other working parts of the Buyer’s equipment solely and directly attributed to a manufacturing defect in the Goods, and will restore such working parts to a condition equivalent to the existing condition prior to failure.

Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller may replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Purchaser the price of the Goods (or a proportionate part of the price), in which case the Seller shall have no further liability to the Purchaser for any consequential loss.

LED Strip Installation Caution: Exercise care and caution when installing the LED strip to avoid damage, as LED Strip does not have a protective layer or case, so can easily be physically damaged. Please note that the product warranty may become void if the strip is physically bent or damaged during installation.

Bespoke Strip Quotations:

All quotations for bespoke strips are formulated based on the information provided by the buyer. Upon acceptance of the quote, the buyer affirms that the product specifications align with their requirements. Uno Lighting, as the seller, disclaims any responsibility for products not meeting customer requirements once the order has been placed.

 Electrical Information Disclaimer: 

Uno Lighting, the seller, cannot provide information about electrical installation or electrical requirements for any lighting or electrical products. Buyers are strongly advised to consult a qualified professional before contacting the seller regarding project requirements and seeking technical information about installation and maintenance.

By proceeding with a purchase, the buyer acknowledges and agrees to these terms and conditions.

PROVIDED that:

9.2.1. the defective Goods are returned to the Seller, transportation charges being prepaid by the Buyer;

9.2.2. examination by the Seller of such Goods shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling or by repair or alteration not effected by the Seller, and

9.2.3. the Buyer shall afford to the Seller all reasonable facilities to inspect any working parts of the Buyer’s equipment which are alleged to have been damaged as a result of defects in the Goods;

9.2.4. this warranty does not cover faulty installation, misuse, alteration, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in Writing), normal wear and tear or accident, nor will the Seller be liable for any other losses or consequential expenses incurred;

9.2.5. the Buyer shall provide such information regarding the circumstances of the claim as would be reasonably required to assess the validity of the claim. If insufficient information is provided, the Seller shall be entitled, within 7 working days of requesting in detail the additional information needed, and such information not having been received, to reject the claim and return the Goods to the Buyer;

9.3. The foregoing provisions shall be in lieu of any warranties and conditions whether express or implied by statute common law or otherwise howsoever, which warranties and conditions are hereby expressly excluded.

9.4. Save as aforesaid and subject always to conditions 9.5 and 9.6, the Seller shall not be liable for any claim or claims for direct or indirect consequential or incidental injury loss or damage made by the Buyer against the Seller whether in contract or delict or tort (including negligence on the part of the Seller its servants or agents) arising out of or in connection with any defect in the Goods or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of the contract between the Buyer and the Seller or breach of a fundamental term thereof) or the Seller its servants or agents in the performance of the contract between the Buyer and the Seller.

The seller will not be liable for any misuse of the product or the early failure of the product caused by using another manufacturer’s/branding driver to control low voltage LED lighting products.

i) The above warranty is given by the Seller subject to the following conditions:
(i) the Seller shall be under no liability in respect of any defect arising from fair wear and tear outside of the warranty period, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s or the manufacturer’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller’s approval;
(ii) the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.

9.5. Nothing in these Conditions limits any liability which cannot legally be limited, including liability for death or personal injury caused by the Seller’s negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; or defective products under the Consumer Protection Act 1987.

9.6. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, NOTHING HEREIN CONTAINED SHALL OPERATE TO EXCLUDE ANY WARRANTY OR CONDITION IMPLIED BY STATUTE IN THE EVENT OF THE BUYER DEALING AS A “CONSUMER” AS DEFINED BY SECTION 12 OF THE UNFAIR CONTRACT TERMS ACT 1977. IN SUCH A CASE THE BUYER’S STATUTORY RIGHTS ARE UNAFFECTED BY THESE CONDITIONS.

9.7. The Buyer accepts as reasonable and agrees that the Seller’s total liability for any defective Goods, and otherwise under the contract between the Seller and the Buyer for the sale and purchase of the Goods shall not in any circumstances exceed 100% of the price payable to the Seller for the Goods (excluding VAT). It is accepted by the Buyer and the Seller that in fixing the foregoing overall limit of the Seller’s liability in this Condition 9.6 the Seller and the Buyer have had regard to the contract price of the Goods, the nature of the Goods, the use they will receive, and the resources available to each party including insurance cover, to meet any liability.

9.8 A claim by the Purchaser which is based on any defect in the condition of the Goods shall (whether or not delivery is refused by the Purchaser) be notified to the Seller within three days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Purchaser does not notify the Seller accordingly, the Purchaser shall not be entitled to reject the Goods and the Seller shall have no liability for such defect in their condition, and the Purchaser shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

The Seller shall not be liable to the Buyer or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control.

The Seller shall not be liable to the Purchaser or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
o) Act of God, explosion, flood, tempest, fire or accident;
(i) Act of terrorism
(ii) War or threat of war, sabotage, insurrection, civil disturbance or requisition;
(iii) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(iv) Import or export regulations or embargoes;
(v) Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
(vi) Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(vii) Power failure or breakdown in machinery.
p) Goods subject to any claim for defect as provided for above must be available for inspection by the Seller for a period of 30 days from the date of the notice of such defects.
q) The Goods are not sold by description or sample.
r) Without prejudice to the generality of the foregoing nothing herein contained shall operate to exclude or restrict liability for breach of any obligation arising from section 13, 14 or 15 of the Sale of Goods Act 1979 as against a Purchaser dealing as a "Consumer" as defined by section 12 of the Unfair Contract Terms Act 1977.
s) All Goods are manufactured and tested to operate with electrical operating equipment which is approved by the Seller and identified on the list of approved electrical equipment available as contained in the instructions for use packed with the Goods or on request from the Seller. The Purchaser must satisfy itself that the Goods will operate with electrical equipment which is not on the Seller’s approved list. If the Goods are intended for use with equipment not on the approved list or if the operating equipment manufacturer should make any changes to the specification or design of equipment on the approved list, this may have an impact on the original test results and compromise the compatibility of the Goods for use with such equipment. The Seller therefore cannot be held liable for any failure in the operation of the Goods in these circumstances.

1. HEALTH AND SAFETY

10.1 The Buyer’s attention is drawn to the provisions of Section 6 of the Health and Safety at Work etc Act 1974. The Seller will make available on written request such information on the design and construction of the Goods as is in its possession to ensure that as far as is reasonably practicable the Goods are reasonably safe and without risk to health when properly used.

10.2 Any advice or recommendation which the Seller may give as to the storage, application or use of the Goods and which the Seller does not confirm in Writing is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.

1. INSOLVENCY AND BREACH OF CONTRACT

In the event of any breach of these Conditions not being remedied by the Buyer within 30 days of the Seller’s notice in Writing to the Buyer requesting such remedy or upon the Buyer committing any act of bankruptcy, ceasing to carry on business or entering into any composition or arrangement with or for the benefit of its creditors or the passing of a resolution for the Buyer’s winding up, or the Buyer entering into liquidation (whether voluntary or compulsory) or any similar arrangement or a receiver being appointed over the Buyer’s assets, the Seller shall be entitled forthwith (without notice being required for the purpose) and without prejudice to its other rights hereunder to suspend all further deliveries of the Goods and / or to terminate the contract forthwith between the Seller and the Buyer or any unfulfilled part thereof and the Buyer shall then be responsible for any resulting loss to the Seller.

1. INTELLECTUAL PROPERTY

Notwithstanding any implied warranty or condition as to title or otherwise in relation to the Goods supplied under the contract between the Seller and the Buyer, the Seller shall not be liable to indemnify the Buyer in respect of any claim made or threatened against the Buyer by any third party whether by legal proceedings or otherwise based on any intellectual property right claimed (whether registered or not) or breach of confidence unless:-

12.1. the Seller shall have been promptly notified in Writing of the claim or threat and no admissions shall have been made by the Buyer such as would prejudice the defense of any such claim or threat ;

12.2. the Goods shall have been designed by the Seller or made to its design. In any event the Seller’s liability shall be limited to damages and costs awarded by a court of competent jurisdiction in proceedings conducted in accordance with the wishes of the Seller or such sum as may be paid in compromise of such proceedings with the approval of the Seller.

1. MODIFICATIONS

The Buyer shall accept Goods whose specification has been modified since the date of order provided that such Goods substantially conform with the order and the modification does not materially affect the performance of the Goods.

1. BUSINESS TO BUSINESS SALES: END OF LIFE OBLIGATIONS

14.1. To the extent that the law permits, the responsibility for and (where not specifically provided for in purchase price) the costs of compliance with the Waste Electrical and Electronic Equipment Regulations 2006 (as amended from time to time) shall rest with the Buyer.

14.2. The Buyer shall indemnify the Seller on demand and keep the Seller indemnified from and against all costs, expenses, damage or other losses incurred or suffered, demands or proceedings made against the Seller arising from a breach by the Buyer of this Condition 14.

1. ASSIGNMENT

The Buyer shall not assign or transfer or purport to assign or transfer any of its rights and/or obligations under any contract between the Seller and the Buyer for the sale and purchase of Goods and/or the benefit of any such contract to any other person whomsoever.

1. SUB CONTRACTS

The Seller reserves the right to sub contract the performance of any of its obligations under any contract between the Seller and the Buyer for the sale and purchase of Goods or any part of any such contract.

1. GENERAL

17.1. Notices

Any notice given under the provisions of any contract between the Seller and the Buyer for the sale and purchase of Goods shall be in Writing and shall be deemed to have been sufficiently served if delivered personally or sent (within the U.K.) by first class post or (outside the U.K.) by airmail and the address of service shall be that shown on the Website or such other address as the relevant party shall notify the other in Writing from time to time. Any notice served by first class post shall be deemed to have been served 48 hours after the date of dispatch and any notice served by airmail shall be deemed to have been served 10 days after the date of dispatch.

17.2. Waiver

The waiver by the Seller of any breach of any term of any contract between the Seller and the Buyer for the sale and purchase of Goods shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.

17.3. Severance

Each of the Buyer’s obligations under these Conditions shall be a separate and independent obligation.

17.4. Headings for convenience only

The headings in these Conditions are for convenience of reference only and shall not affect their interpretation. f.

17.5. Third Party Rights

No person other than a party to any contract between the Seller and the Buyer for the sale and purchase of Goods shall have any rights to enforce any term of such contract.

17.6. Variation

17.6.1. Any variation, (including, without limitation, the introduction of any additional terms and conditions) to these Conditions, shall only be binding when agreed in Writing and signed by an authorised representative of the Seller .

17.6.2. The Seller may vary these Conditions from time to time in its sole discretion. Any such variations will be posted on the Seller’s Website and notified to the Buyer in Writing and the Buyer will be deemed to have accepted any and all such variations if it continues to order Goods from the Seller after the date of such notice.

17.7. Governing Law

Any contract for the sale and purchase of Goods between the Seller and the Buyer (which contract shall incorporate these Conditions) shall be governed by and construed in accordance with English Law and the parties shall submit to the non-exclusive jurisdiction of the English Courts.

17.8 Miscellaneous

17.8.1. All rights and remedies expressly reserved by the Seller in these Conditions are without prejudice to any other right or remedy available to the Seller.

17.8.2 Where rights and decisions in these Conditions are to be exercised or made at the sole discretion or discretion of the Seller then the Seller shall be under no duty or obligation to justify or provide a reason to the Buyer for the decision.

17.8.3 The Seller’s agents or employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into a contract with the Seller for the sale and purchase of Goods the Buyer acknowledges and agrees that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

17.8.4 The Seller reserves the right to change and improve the design of some or all of the component parts of its products and undertakes that any such changes will not materially and adversely affect the purpose for which the Goods were to be supplied.

17.8.5 All estimates, drawings, designs, plan or models the Supplier may prepare for the Buyer’s information remain the Seller’s property and are subject to the Seller’s copyright and other intellectual property rights. They must not in whole or in part be submitted to or copied or otherwise made use of by any other party.

17.8.6 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby and shall remain in full force and effect.

17.8.7 The Buyer will not use any of the Seller’s intellectual property rights in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Seller, without the Seller’s prior written consent.

17.8.8 The Buyer agrees to the Seller collecting and using such details (including, without limitation, Personal Data as defined in the Data Protection Act 1998) as the Buyer provides to the Seller for such purposes as are necessary in the Seller’s sole discretion for the Seller to comply with its obligations under these Conditions. The Seller may have to pass the Buyer’s details (including, without limitation, Personal Data as defined in the Data Protection Act 1998) on to responsible third parties for the same purpose. The Seller shall not be responsible for any breach of security or any act or omission of third parties who receive the Buyer’s details (including, without limitation, Personal Data as defined in the Data Protection Act 1998).

17.8.10 The Seller may perform any of its obligations or exercise any of its rights under these Conditions by itself or where applicable through any other persons (legal or otherwise) or entities whomsoever.

17.8.11 The contract between the Seller and the Buyer for the sale and purchase of the Goods (incorporating these Conditions) shall constitute the entire agreement and understanding between the Seller and the Buyer in respect of the sale and purchase of such Goods and shall supersede all previous oral or written representations or agreements relating thereto.

17.8.12 The Seller may freely assign its rights and/or obligations under these Conditions and/or sub-contract the whole, or any part of its obligations under these Conditions to any other person (legal or otherwise) or entity whomsoever.

17.8.13 WEEE regulations (January 2007) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If the Buyer is a trade customer, the Buyer agrees that the collection, recovery/treatment and disposal of non-household Electrical or Electronic Equipment purchased from the Seller will be the Buyer’s responsibility. In the case of household waste the Buyer should please take this waste to the Buyer’s nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find its nearest Designated Collection Facility please can the Buyer visit the following web site: www.recycle-more.co.uk.

18 INTERPRETATION

In these Conditions the following words and expressions have the following meanings:-

“Acceptance” has the meaning set out in Condition 1.1;

“Buyer” means the individual, organisation, company or entity whose offer for the Goods is accepted by the Seller;

“Conditions” means the Seller’s standard terms and conditions of sale, as set out herein, together with any future amendments, modifications and/or revisions thereto ;

“Goods” means the goods (including any instalment or part of them) which the Seller is to supply to the Buyer in accordance with these Conditions (which Goods shall be shown on the Seller’s Website or on the sales order acknowledgement document in respect of the Goods issued by the Seller to the Buyer) ;

“Online Order” means an order for Goods from the Buyer submitted to the Seller through the Seller’s Website by completion of the staged ordering process set out therein through submission of forms and following a series of hypertext links as directed on the Seller’s Website ;

“Online Order Confirmation” means confirmation in Writing by the Seller of acceptance of an Online Order issued prior to the supply of the Goods to the Buyer ;

“Seller” means Uno Lighting

“Seller’s Website” means the website published by the Seller on the World Wide Web of the Internet with the uniform resource locator www. uno-lights.com, or such other uniform resource locator as the Seller may sell Goods on from time to time.

“Standard Delivery Location” has the meaning ascribed to it in Condition 2 ; and

“Writing” includes electronic email and, facsimile transmission.