GENERAL TERMS AND CONDITINS OF CONTRACT

DEFINITIONS

In these conditions the following definitions shall apply:
Company: Balcan Lighting Supplies – A Trading name of Balcan Engineering Limited.
Customer: the person, firm or organisation placing an order with the Company.
Order: an order placed by the Customer with the Company and accepted by the Company.
Contract: any agreement for the sale and purchase of Goods and/or Services.
GENERAL
These conditions apply to the sale by the Company of all Goods and Services purchased by the Customer. These Conditions shall govern each Contract to the exclusion of any other terms and conditions introduced or submitted by the Customer. No variation of these Terms may be given by any of the Company’s employees unless confirmed in writing by a director and no collateral or supplemental contract may be made or construed unless confirmed in writing by a director of the company.
The order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer shall be responsible for any errors of description or quantity specified in an Order.
QUOTATIONS AND PRICES
Quotations do not constitute an offer and each Contract shall be made when the Company acknowledges the order placed by the Customer and not before. The Company reserves the right at its absolute discretion not to accept any offer by the Customer to buy those Goods and/or Services based on any quotation for them or at all.
The published prices applicable to the Company’s products are those correct on the date of publication and are subject to alteration without notice.
All prices are calculated upon a “whole order” basis, if, when placing your order, you select only certain items or reduced quantities are specified, we reserve the right to review the prices at which such orders are accepted.
All prices are exclusive of VAT, tax, duty, insurance, and freight which will be charged at applicable rates. Unless otherwise stated prices quoted will include delivery within mainland UK providing the net invoice value is a minimum of £60 excluding VAT otherwise carriage charges for Goods shall be at the Company’s then prevailing rate. DELIVERY
Any dates quoted for delivery are approximate only, and time is not of the essence. The Company shall not be liable for any delay in delivery that is caused by a Force Majeure event or the Customer’s failure to provide the Company with adequate delivery instructions that are relevant to the supply of the Goods.
Unless otherwise agreed by the parties in writing the Company shall be entitled to make partial delivery of the Goods, which shall be invoiced and paid for separately. Each delivery shall constitute a separate contract.
The company shall not be liable for any loss suffered by the Customer or any other person caused by any delay in delivery of any Goods for any reason.
The quantity of any consignment of Goods as recorded by the Company on despatch from the Company’s premises shall be conclusive evidence of the quantity received by the Customer.
A signature by an employee or agent of the consignee on a carrier’s delivery sheet or delivery note shall constitute proof of delivery to the Customer.
The Company reserve the right to invoice all Goods awaiting collection if collection has not been made within three working days of notification. Orders cancelled by none-collection will incur a 25% handling charge.
RETURNS
No Goods can be returned without prior consent from the Company, goods must be in their original packaging and unused condition and deemed to be in a re-saleable condition. All goods returned will be subject to a handling charge at the discretion of the Company and any carrier fees that may be required by the Company to return the Goods to the Company’s premises.

CANCELLATION

Where an Order has been accepted by the Company for the supply of standard Company Products to the Customer, then that Order or any part thereof may not be cancelled except by agreement in writing of both parties and upon the payment to the Company of a cancellation charge at the discretion of the Company. Where an order has been accepted by the Company for a supply of Goods to the Customer which are not standard Products of the Company, then that order may not be cancelled except by written agreement of the Company and upon payment to the Company of the Purchase Price.

The Customer may not seek to cancel an Order or any portion thereof after delivery.
SHORTFALL OR DAMAGE
All deliveries once signed for will be deemed as been received in acceptable condition i.e.: in full working order, and in correct quantities, faults or shortages will not be accepted unless notification is received in writing within seventy-two hours. Any claim for damage or loss in transit or short delivery must be accompanied by the following details:

- Returns note - Condition of package
- Extent of damage or shortfall - Consignment number

In the event of non-delivery, the Company must be advised within five days of invoice.
Where the Customer has a valid claim in respect of damaged Goods, lost Goods or a shortfall of Goods, the Company shall replace the Goods which are the subject of the claim or, where the goods cannot be replaced, refund the price of the Goods as charged to the Customer. The Customer shall have no other claim or right of action against the Company for damaged Goods, lost Goods or a shortfall of Goods.

PAYMENT

Payment in full without retention shall be due no later than the end of the month following that in which the Goods were delivered.
If the Customer fails to pay an invoice in accordance with the Company’s payment terms set out above then, without prejudice to any other rights and remedies, the Company shall be entitled to both suspend deliveries due to the customer under this or any other Contract until such payment is made in full together with any other amounts owing to the Company whether or not the due date for payment has been reached, and the Company reserves the right to charge interest on any sum due under this Contract on a day to day basis from the date of the invoice until the date payment in full is made at the rate of 3% above HSBC plc’s base lending rate from time to time.

RETENTION OF TITLE

Title to the Goods shall not pass to the Customer until after the full purchase price and any other sums have been received in full by the Company. Payment of the full price shall include, with limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the Customer. The Customer will store the goods in such a way that they are readily identifiable as the Company’s property, but you may, as trustees for us, sell them to a third party in the normal course of your business. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.

WAIVER

The failure on the part of the Company to exercise or enforce any rights conferred under these conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion. LEGAL CONSTRUCTION

These conditions shall be construed in accordance with the law of England and Wales and in the event of a dispute or difference arising between the parties the Courts of England and Wales shall be the exclusive courts of jurisdiction.