Terms and Conditions of Website Usage
The term “Halo Lighting Ltd” or “us” or “we” refers to the owner of the website whose registered office is 98-124 Brewery Road, London, N7 9PG. Company registered in England and Wales: Number 2379134. The term “you” refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Halo Lighting Ltd’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
The information contained in this website is for general information purposes only. The information is provided by “Halo Lighting Ltd” and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.
Through this website you are able to link to other websites which are not under the control of “Halo Lighting Ltd”. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, “Halo Lighting Ltd” takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
This website and its content is copyright of “Halo Lighting Ltd” – © “Halo Lighting Ltd” 2008. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
TERMS AND CONDITIONS OF HIRE
For the purposes of these conditions, ‘Halo’ shall be deemed to refer to ‘Halo Lighting Ltd’ and the ‘customer’ to any company, partnership and individual who shall enter into any agreement with Halo.
- This contract shall be governed by English Law.
- Title: All equipment remains the property of Halo.
- Hire charges: are based on the period of the contract irrespective of whether or not the equipment is in use.
- Hire commences when:
- Client collects and signs for equipment at Halo’s premises.
- Client’s agent collects and signs for equipment at Halo’s premises.
- Halo delivers equipment to a prearranged location – whether signed for or not.
- Hire ceases when:
- Client returns equipment to Halo’s premises.
- Client’s agent delivers equipment to Halo’s premises.
- Halo collects equipment from a prearranged location – whether signed for or not.
- Equipment is not deemed to be returned until it has been checked, inspected and declared in working order by an authorised member of the Company’s staff, and the Company’s paperwork signed off to confirm the end of the hire.
- Equipment hired will be entirely at the Customer’s risk during the hire period and the Customer will be responsible for any loss or damage thereto however arising. The Customer undertakes responsibility for insuring equipment against ‘all risks’ to full replacement value. Any loss or damage to the equipment is to be reimbursed to Halo by the Customer to the full replacement value thereof. In the event that the damaged/lost/stolen equipment is no longer in production, the cost of replacement for an equivalent model will be charged.
- The Customer will be responsible for ensuring that any relevant regulations, rules or statutory provisions governing, or relating to, the use of the hired equipment are complied with during the period of the hire and Halo in no way assumes liability for the consequences of any non-compliance with any such regulations, rules or statutory provisions.
- Equipment will be supplied to the Customer in full working order and Halo’s liability for any defect, or failure of the equipment hired is limited to the rectification of any defect or failure arising from normal usage. Halo’s liability shall not extend to consequential losses incurred by the customer as a result of malfunction of Halo’s equipment. No liability will be extended by the Company for defects or failures deemed to be caused by user error, wilful damage, or neglect caused or allowed by the Customer. This clause will not affect the customer’s statutory rights.
- Loss, failure or defects in hired equipment must be reported to Halo immediately (and within 24 hours in any event), and be confirmed in writing within three days. In the absence of such notification, the Customer may be charged with the full cost of repair or replacement and may invalidate whatever redress is normally offered. Halo will endeavour to replace any faulty equipment, where the fault does not lie with the customer, wherever practical.
- Complaints or claims resulting from any defect or failure of the equipment hired must be subject to notifications per clause 9, if this is done and equipment is deemed to have malfunctioned through Halo’s responsibility, there will be a no-quibble refund of equipment and associated costs.
- Loss of and damage to hired equipment. If hired equipment is found to be damaged or lost the Company will inform the Customer as soon as possible after return and issue an invoice for the full cost of repair or replacement, whichever is deemed necessary by the Company.
- The Customer undertakes to ensure that the Company’s equipment shall not be used for any purpose beyond its capacity or in any manner likely to result in undue deterioration of the equipment.
- The Company cannot be held responsible for any injuries to any person or damage to property or other equipment consequential to and arising from any improper use of the equipment by the Customer during the period of Hire.
- Equipment must not be altered or modified by the Customer in any way. In particular, cables must not be cut and plugs and sockets must not be rewired by the Customer. In addition, no modification or alteration
by a 3rd party must be allowed by the Customer. If this is found to be the case, the client will be charged with the full cost of repair or replacement, whichever is deemed necessary by the Company.
- The Customer will be responsible for advising the Company as to the location of the hired equipment during the period of hire and in any change of location.
- No equipment hired from the Company may be taken outside Mainland Britain, either to any offshore island or to any foreign country without the prior written consent of the Company.
- It is an express condition of the hire that the Customer shall not offer for hire to any third party or parties any equipment which is the property of the Company, without the prior written consent of the Company.
- If agreed charges are not paid on the due date then the Company will reserve the right to repossess the hired items and will not be liable for any damage or loss which may be suffered by the Customer as a consequence of any such repossession.
- Throughout the period of hire, the Company reserves the right to repossess the equipment if any of the clauses in this contract are deemed to have been broken. The Customer must provide the Company unrestricted access to all of the equipment within 24 hours of the Company notifying the Customer.
- In the event of any equipment ordered not being available for hire through circumstances beyond the control of the Company, the Company reserves the right to substitute equipment of similar quality for all or part of the duration of hire.
- No information or data contained in any of the Company’s catalogues or price lists shall be deemed to constitute any part of a contract of hire, such information being for the purpose of general description and guide only.
- Before issuing any equipment of hire, the Company may require a deposit from the Customer which may be any sum up to the full replacement cost of the equipment hired. Similarly, the Company may, at its discretion, require full payment of the hire charge in advance.
- If further charges arise during the period of hire, for example if the hire period is extended, the Company may at its discretion require immediate payment of these charges by cleared funds.
- The Company reserves the right to refuse an extension to the period of hire once agreed.
- In the case of late payment by the Customer, the Company reserves the right to cancel all discounts.
- Cancellation: Halo reserves the right to charge a cancellation fee if the Customer cancels a hire, production or sale. Up to 50% of the total fee after confirmation and up to 100% when cancellation occurs 7 calendar days or less prior to the beginning of the hire, production or sale.
Terms and Conditions of SALE
1.1. In these Conditions:-
1.1.1. “Buyer” means the person whose order of the Goods is accepted by the Seller.
1.1.2. “Contract” means a contract for the sale of the Goods.
1.1.3. “Goods” means the goods (including any installment of the goods or any parts of them) which the Seller is to supply in accordance with these Conditions.
1.1.4. “Seller” means Halo Lighting Ltd, Halo Live Ltd or any subsidiary company.
1.2. The headings in these Conditions are for ease of reference only and shall not affect their interpretation.
- BASIS OF THE SALE
2.1. The Seller shall sell and the Buyer shall purchase the Goods subject to these Conditions. Any terms or conditions in the Buyer’s order or other documentation of whatsoever kind which are inconsistent with these Conditions shall have no effect.
2.2. No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the parties.
2.3. The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of, any such representations which are not so confirmed.
2.4. Any advice or recommendations given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Seller 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 recommendations which is not so confirmed.
2.5. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.6. All descriptions and specifications, drawings and particulars of weights and dimensions used by Halo Lighting are approximate only,and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.
2.7 Halo Lighting reserves the right to change specifications and/or substitute products for ones of a similar specification without notice.
- ORDERS AND SPECIFICATIONS
3.1. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.2. The quantity, quality and description of and any specification for the Goods shall be those set out in the Buyer’s order (if accepted by the Seller).
3.3. The Seller reserves the right to make any changes in the specification of the Goods without notice which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
3.4. No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing, of the Seller and on the terms that the Buyer shall indemnify the Seller in full 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 .
3.5. If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim:
3.5.1. For infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person: or
3.5.2. For negligence or under the Consumer Protection Act 1987 which results from the Seller’s use of the Buyer’s specification.
- PRICE AND PAYMENT
4.1. The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order.
4.2. The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs to manufacture, any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer to give the Seller adequate information or instructions).
4.3. Except as otherwise stated under the terms of any quotations or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are given by the Seller for delivery of the Goods at the Seller’s premises and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
4.4. The price and all other sums due from the Buyer to the Seller shall be increased to include VAT at the current rate.
4.5. The Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery or collection of the Goods unless the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
4.6. The Buyer shall pay the Seller’s invoices hereunder within 14 days of the date of invoice. Time shall be of the essence in respect of the payment of all sums due hereunder.
4.7. The Seller reserves the right to charge the Buyer interest at the rate of 8% per annum on all invoices which are not paid in accordance with Condition 4.6 such interest being calculated from a date 30 days after the date of invoice until actual payment compounded quarterly and to be payable as well after as before any judgment obtained in respect thereof.
5.1. Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
5.2. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.
5.2.1 Halo Lighting’s normal hours of delivery are 9am – 5pm Monday to Friday. Outside these hours additional charges may apply.
5.3.2 Halo Lighting reserve the right to recharge additional costs of delivery and collection including, but not restricted to, parking fines, waiting time and toll charges.
5.3. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery otherwise than any reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault then, without prejudice to any other right or remedy available to the Seller, the Seller may:-
5.3.1. Store the Goods until actual delivery and charge the Buyer of the reasonable costs (including insurance) of storage; or
5.3.2. 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 under the Contract or charge the Buyer for any shortfall below the price under the Contract.
- RISK AND PROPERTY
6.1. Risk of damage to or loss of the Goods shall pass to the Buyer:-
6.1.1. In the case of Goods to be delivered at the Seller’s premises, at the time of delivery when the Seller notifies the Buyer that the Goods are available for collection; or
6.1.2. In the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
6.2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
6.3. Until such times as the property of the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of the sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
6.4. Until such time as the property of the Goods is passed to the Buyer (and provided the Goods are still in existence and have not been resold), 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 forthwith, to enter upon the premises of the Buyer of any third party where the Goods are stored and repossess the Goods.
6.5. 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 property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
- WARRANTIES AND LIABILITY
7.1. The Seller only warrants that the Goods will be free from defects in materials and workmanship to the extent that the Goods carry a manufacturer’s warranty. The Buyer shall be entitled to the benefit of such manufacturer’s warranty insofar as the Seller has the power to transfer it.
7.2. The above warranty is given by the Seller subject to the following conditions:-
7.2.1. The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
7.2.2. The Seller shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval.
7.3. Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale (as defined by the Sale of Goods Act 1979), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.4. Any claim by the Buyer which is based on any defect in the quality or conditions of the Goods shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 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 Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure.
7.5. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods of their use or resale by the Buyer, except as expressly provided in these Conditions.
8.1. The Seller shall have the right to terminate a Contract forthwith by giving notice in writing if the Buyer:
8.1.1. Fails to make payment of any sum in accordance with Condition 4; or
8.1.2. Shall commit any other material breach of its obligations hereunder and shall not within 14 days of notice of such breach remedy the same; or
8.1.3. Shall enter into liquidation whether compulsorily or voluntarily otherwise than for the purposes of amalgamation or reconstruction without insolvency or shall compound or make any arrangement with its creditors or shall be the subject of an application for an administration order or shall be subject of any proposal under Part 1 of the Insolvency Act 1986 for a composition in satisfaction of its debts.
8.2. Any termination of a Contract (howsoever occasioned) shall not affect any accrued rights or liabilities of either party.
- FORCE MAJEURE
Although the Seller shall use all reasonable endeavours to discharge its obligations under a Contract in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its control.
- EXPORT TERMS
10.1. Where the Goods are supplied for export from the United Kingdom, the provision of this Condition 10 shall (subject to any terms agreed inwriting between the Buyer and the Seller) apply notwithstanding any other provision of these Conditions.
10.2. The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
10.3. Unless otherwise agreed in writing between the Buyer and the Seller, the Goods shall be delivered at the Seller’s premises and the Seller shall be under no obligation to give notice under section 32(3) of the Sale of Goods act 1979.
10.4. The Buyer shall be responsible for arranging for testing and inspection of the Goods at the Seller’s premises before shipment. The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment or in respect of any damage during transit.
10.5. Payment of all amounts due to the Seller shall be made by irrevocable letter of credit opened by the Buyer in favour of the Seller and confirmed by a Bank acceptable to the Seller or, if the Seller has agreed in writing on or before acceptance of the Buyer’s order to waive this requirement, by acceptance by the Buyer and delivery to the Seller of a bill of exchange drawn on the Buyer payable 60 days after sight to the order of the Seller at such branch of a bank as may be specified in the bill of exchange.
11.1. No neglect, delay or indulgence by the Seller in enforcing a Contract shall prejudice the rights of the Seller or be construed as a waiver.
11.2. The Buyer hereby waives all and any future claims and rights of set off against any sums due to the Seller hereunder regardless of any equity, set off or counterclaim on the part of the Buyer against the Seller.
11.3. Any notice hereunder shall be in writing and may be served by sending it by pre-paid first class letter post or delivery (if in the case of a limited company) to the address stated herein, and in any case, to the last known address of the addressee. In proving service of any notice it shall be sufficient to prove in the case of posting that the envelope containing the notice was properly addressed, stamped and posted. Service shall be deemed to be effective at noon of the second business day following the day of posting and any notice delivered to an address by hand shall be deemed to be effective from the date of such delivery.
11.4. The Buyer shall not assign or otherwise transfer all or any part of a Contract without the prior written consent of the Seller.
11.5. The formation, construction and performance of all Contracts shall be governed in all respect by English law. The parties hereby agree to submit to the exclusive jurisdiction of the English Courts.
Terms and Conditions of INSTALLATION
These Terms and Conditions shall apply to the provision of services by Halo Lighting Ltd of 98-124 Brewery Road, London, N7 9PG or (“the Company”) to customers.
- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” means the contract into which the Parties will enter on the Customer’s acceptance of the Quotation and of these Terms and Conditions;
“Agreed Date” means the date on which the provision of the Services will commence as agreed by the Parties;
“Agreed Times” means the times which the Parties shall agree upon during which the Company shall have access to the Property to render the Services;
“Company” means Halo Lighting Ltd;
“Customer” means the individual or business that requires the Services subject to these Terms and Conditions;
“Final Fee” means the total of all sums payable which shall be shown on the invoice issued in accordance with Clause 4 of these Terms and Conditions.
“Job” means the complete rendering of the Services;
“Order” means the Customer’s initial request to acquire the Services from the Company as set out in Clause 2 of these Terms and Conditions;
“Property” means the Customer’s property or premises, as detailed in the Order, at which the Services are to be rendered;
“Quotation” means a quotation detailing proposed fees and services supplied to the Customer in accordance with Clause 2 of these Terms and Conditions;
“Quoted Fee” means the Fee which will be quoted to the Customer following the Order which may vary according to the actual work undertaken as set out in Clause 4 of these Terms and Conditions;
“Services” means the installation services provided by the company and all associated services including rigging and programming as detailed in Clause 5 of these Terms and Conditions;
“Visit” means any occasion, scheduled or otherwise, on which the Company shall visit the Property to render the Services; and
“Work Area” means the part of the Property within which the Services are to be rendered.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2.1 The Company accepts orders for their Services in writing only
2.2 When placing an Order the Customer shall set out, in detail, the Services required. Details required include the location and size of the Property, number and type of rooms in which work is required, the type(s) of work (e.g. wiring, installation of appliances etc)
2.3 Once the Order is complete and submitted the Company shall prepare and submit a Quotation to the Customer either by email or first class post which shall set out the required Deposit and Fee, detailed in Clauses 3 and 4 respectively.
2.4 Any changes to the order or quotation but be submitted in writing and agreed by the Company again in writing prior to acceptance of the quote or order by the Customer.
3.1 At the time of accepting the Quotation or not more than 7 days thereafter but not less than 7 days before the start date of the installation, the Customer shall be required to pay a Deposit to the Company. The Deposit shall be 50% of the total cost of the installation inclusive of VAT. Orders shall not be deemed confirmed until the Deposit is paid in full.
3.2 Subject to the provisions of Clause 9 the Deposit shall be non-refundable.
- Fees and Payment
4.1 The Quoted Fee shall include the price payable for the Services and for the estimated sundry parts and other products required to render the Services.
4.2 The Company shall use his best and reasonable endeavours to use only the sundry parts and other products (and quantities thereof) set out in the quotation; however if additional sundry parts and other products are required the Final Fee shall be adjusted to reflect this.
4.3 In the event that the price of sundry parts and other products or Services increase during the period between the Customer’s acceptance of the Quotation and the commencement of the Services, the Company shall inform the Customer of such increase and of any difference in the Final Fee.
4.4 The Company shall invoice the Customer when the provision of the Services is complete.
4.5 All invoices must be paid on receipt of the final invoice by the Customer, unless alternative terms have been agreed by the Company in writing prior to the start of the installation.
4.6 Any sums which remain unpaid following the expiry of the time period set out in sub-Clause 4.5 shall incur interest on a daily basis calculated pro rate at 8% per annum.
5.1 The Services shall be rendered in accordance with the specification set out in the accepted Quotation (any amendments from the Customer must be approved by the Company in writing or will not be deemed to have been accepted by the Company).
5.2 The Company may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
5.3 The Company shall ensure that the Services are rendered with reasonable care and skill and to a reasonable standard which is commensurate with best trade practice.
5.4 The Company shall ensure that they complies with any and all relevant codes of practice.
5.5 Time shall not be of the essence in the rendering of the Services under these Terms and Conditions.
5.6 Following completion of the Job the Customer shall have a period of 7 days within which to inspect the completed work and to notify the Company of any defects. This must be done in writing to the Company who will the inventigate the complaint.
The Company shall be free to sub-contract any of his obligations under these Terms and Conditions provided that any and all sub-contractors are reasonably skilled in the relevant practices.
- Customer’s Obligations
7.1 If any consents, licenses or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Customer’s responsibility to obtain the same in advance of the commencement of the Services.
7.2 The Company may require the removal of certain furniture, fixtures and fittings in the Property prior to the commencement of the Services. Unless specifically agreed otherwise any such removal shall be the responsibility of the Customer.
7.3 The Customer shall ensure that the Work Area is kept clear of furniture, fixtures and fittings and out of use for the duration of the Job unless otherwise directed by the Company.
7.4 The Customer shall ensure that the Company can access the Property at the Agreed Times to render the Services.
7.5 The Customer will ensure that an employee or nominated person is present on site to provide access at times required by the Company, which will be communicated to the Customer via telephone or in writing before or during the installation.
7.6 The Customer shall ensure that the Company has access to electrical outlets and a supply of hot and cold running water.
7.7 If the Company will be unable to provide work during the installation period due to notice given to that effect from the Customer, the Customer accepts that this will delay the installation period which may affect the completion date, and also agrees that the Company may charge for any additional time required on the installation as a result.
8.1 The Customer may cancel or reschedule the Job at any time before the Agreed Date. The following shall apply to cancellation or rescheduling:
8.1.1 If the Customer cancels the Job more than 28 daus before the Agreed Date the Company shall issue a full refund of all sums paid, including the Deposit, but less any equipment or materials that have been purchased for the installation which shall be purchased by the Customer at the full quoted price.
8.1.2 If the Customer reschedules the Job more than 28 days before the Agreed Date the Company shall retain all sums paid, including the Deposit and shall deduct all such sums from any related balance payable on the rescheduled Job.
8.1.3 If the Customer cancels the Job less than 28 days but more than 7 days before the Agreed Date the Company shall refund any sums paid less the Deposit.
8.1.4 If the Customer reschedules the Job less than 28 days but more than 7 days before the Agreed Date the Company shall retain any sums paid including the Deposit and shall deduct all such sums (excluding the Deposit) from any balance payable on the rescheduled Job. A new Deposit shall be payable on the rescheduled Job.
8.1.5 If the Customer cancels the Job less than 7 days before the Agreed Date the Company shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued.
8.1.6 If the Customer reschedules the Job less than 7 days before the Agreed Date the Company shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued and no sums paid will count toward the fees and Deposit payable on the rescheduled Job.
8.2 The Company may cancel the Job at any time before the Agreed Date and shall refund all sums paid, including the Deposit.
- Liability, Indemnity and Insurance
9.1 The Company shall ensure that he has in place at all times suitable and valid insurance which shall include public liability insurance.
9.2 The Company is not liable for any loss or damage suffered by the Customer which results from the Customer’s failure to follow any instructions given by the Company.
9.3 The Customer shall indemnify the Company against any costs, liability, damages, loss, claims or proceedings arising out of the Customer’s failure to meet any of its obligations or any other breach of these Terms and Conditions.
10.1 The Company guarantees that the product of all Services provided shall be free from any and all defects for a period of 12 months following completion of the Job.
10.2 If any defects in the product of the Services appears during the guarantee period set out in sub-Clause 11.1 the Company shall rectify any and all such defects at no cost to the Customer.
- Data Protection
The Company will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Company’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
12.1 Unless otherwise specifically stated, all notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
12.2 Notices shall be deemed to have been duly given:
12.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
12.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated;
13.1 Either Party has the right to terminate the Agreement immediately if the other:
13.1.1 has committed a material breach of these Terms and Conditions, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the other Party has failed to remedy the breach within 7 days after a written notice to do so; or
13.1.2 goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
13.2 In the event of termination for default committed by the Customer, all payments required under these Terms and Conditions shall become due and immediately payable.
13.3 Any and all obligations of the Parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of the Agreement shall survive termination under this Clause 14.
- No Waiver
No failure by either Party to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
If any provision of these Terms and 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 Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
- Force Majeure
Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
- Dispute Resolution (Arbitration)
17.1 Where any dispute or difference relating to these Terms and Conditions or the Services arises between the Parties that matter shall be referred to the arbitration of a single arbitrator with appropriate qualifications and practical experience to resolve the particular dispute.
17.2 The arbitrator shall be agreed by the Parties or, in the event of failure to agree, shall be appointed by the president for the time being of the Law Society of England and Wales.
17.3 The arbitration shall take place in <<insert location>> and shall be in accordance with the Arbitration Act 1996 or any re-enactment or modification of that Act for the time being in force.
17.4 The Parties shall promptly furnish to the arbitrator all information reasonably requested by him relating to the particular dispute, imposing appropriate obligations of confidence.
17.5 The Parties shall require the arbitrator to use all reasonable endeavours to render his decision within 30 days following his receipt of the information requested or if this is not possible as soon thereafter as may reasonably be practicable. The Parties shall co-operate fully with the arbitrator to achieve this objective.
17.6 The Parties shall share the fees and expenses of the arbitrator equally. The decision of the arbitrator shall be final and binding upon both Parties.
17.7 [The Parties agree to exclude any right of application or appeal to the courts of England and Wales concerning any question of law arising in the course of the arbitration.]
- Law and Jurisdiction
18.1 These Terms and Conditions shall be governed by the laws of England and Wales.
18.2 [Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.]
Terms and Conditions of PRODUCTION
Clients and their agents to be referred to as buyer, the supplier, Halo Lighting ltd as Halo.
- It is the responsibility of the buyer to issue a purchase order or purchase agreement for each transaction, in case it isn’t issued, we will assume that the receipt of services is a tacit agreement of contractual engagement.
- Halo reserves the right to cancel any discounts if payment terms are not respected and to apply interest to any monies over its credit limit.
- It is the buyer’s responsibility to check the quality and quantity of equipment supplied to make sure that it complies with the required order. Any shortfall or technical problems relating to Halo equipment should be reported immediately with a request to exchange, amend or replace any piece of equipment not satisfactory. There will be no redress once the production is completed unless a complaint is lodged in during installation
- In case of loss of any equipment whilst on site, Halo will charge full list price for replacement. Halo reserves the right to charge full rental costs until payment has been received for replacement.
- In case of damage to equipment whilst on site, Halo will charge for full cost of repairs or full list price for replacement whichever is the cheapest. Halo reserves the right to charge full rental costs until payment has been received for replacement.
- Halo reserves the right to cancel its engagement to provide equipment and services, if there is a doubt that payment terms will not be adhered to or if there are any concerns over Health, Safety or Ethical issues.
- It is the buyer’s responsibility to make sure that local Health and Safety clearances are in place and adhere to local authorities’ Health and Safety regulations.
- It is the buyer’s responsibility to provide security for the safety equipment used on site and insurance in case of loss or damage.
- It is the buyer’s duty to have in place an insurance policy for public and personal liability.
- The buyer is required to give permission to Halo for the acquisition of bank and trade references.
- Halo reserves the right to charge the full fee for production fee if it is cancelled less than 7 days before it is due to take place.
- Halo will not be liable for any claims beyond public liability for consequential losses arising from the supply of goods and services.
- It will be assumed that anyone employed by the buyer will have full authority to order goods and services unless otherwise specified and that the company will be liable for goods provided under this premise.