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1) GENERAL
a. Unless otherwise agreed in writing by a principal of Neon Creations Ltd (“the Company”) the terms and conditions set out below shall apply to all contracts entered into by the Company to the exclusion of all other terms and conditions.
b. “the Customer” means the person, firm or company ordering the goods and/or services.
2) INFORMATION ABOUT THE COMPANY
a. The Company, Neon Creations Limited, is registered in England & Wales under Company Number 5470206, with its registered office at 140 Quarry Pond Road, Worsley, Manchester, M28 0YG.
b. The Company’s trading address is Unit H6, Swan Business Centre, 4 Higher Swan Lane, Bolton, BL 3 3AQ.
c. The Company can be contacted in writing at its trading address, by telephone on 01204 655 866, or by email at ‘info@neoncreations.co.uk’.
3) SPECIFICATIONS
a. Illustrations and data in catalogues, brochures, price lists and advertising matter are only an indication of the type of goods offered and no prices or other particulars contained therein shall constitute an offer made by the Company.
b. Colours on printed material provided by the Company, or on the Company website, are shown as a guideline for illustrative purposes only, and are not an exact representation of the final colour of any product which may be ordered by the Customer.
c. While the Company endeavours to be as accurate as possible, sizes, weights, capacities, dimensions and measurements indicated on printed material provided by the Company or on the Company’s website are subject to variation.
d. The Customer warrants that he has not relied upon the skill or judgement of the Company in the selection of the goods or as to their fitness for any particular purpose.
4) CONFIDENTIALITY
Any of the Company’s specifications, plans, drawings, know-how and other confidential information whether of a technical or commercial nature which may be passed to or come into the possession of the Customer shall not be used by the Customer other than for the purpose of the contract and shall not be disclosed to any other person, firm or company whatsoever. All specifications, plans, drawings, documents, descriptions and other information submitted by the Company shall remain the Company’s property together with the copyright therein.
5) PRICES
a. Any price quoted is firm only for 30 days from the date of quotation or the date withdrawn by the Company if earlier.
b. Unless expressly stated to the contrary any price quoted does not include carriage costs, packaging, insurance costs or value added tax.
c. The Company may revise its price lists from time to time without notice.
6) DELIVERY
a. Prices quoted by the Company are exclusive of delivery charges, which will be notified to the Customer prior to an order being placed.
b. The Company will not deliver to any address outside the UK mainland unless otherwise agreed in writing by the Company at the Company’s sole discretion.
c. An estimated delivery date will be provided by the Company prior to an order being placed.
d. Delivery dates given by the Company are as accurate as possible but are not guaranteed and the Company shall not be held liable for any loss or damage howsoever arising as a result of any delay. Time for delivery or performance is not of the essence.
e. Any loss or damage in transit or any shortage must be notified to the Company within 5 days of physical delivery of the goods being taken by the Customer or a third party named by the Customer for that purpose.
f. The Company’s liability in respect of goods lost or damaged in transit is limited to the repair or at its discretion replacement of the goods provided that the Customer returns the goods to the Company’s premises within 21 days of the loss or damage being notified.
g. Should goods ordered by the Customer fail to arrive, the Customer must notify the Company of the same within 5 days of the estimated delivery date provided by the Company on its Order Confirmation Form.
h. Where goods are collected by or on behalf of the Customer this will constitute delivery to the Customer.
7) PAYMENT TERMS
a. For non account customers, orders must be paid for in full in Pounds Sterling at the time an order is placed, unless other payment terms are agreed with the Company.
b. Unless otherwise agreed by the Company in writing prior to an order being placed, payment must be made by debit or credit card, or by BACS transfer to an account held by the Company to be notified to the Customer.
c. For account customers payment in full is due 30 days from the date of invoice and time for payment shall be of the essence.
d. In the event of non payment when due the Customer shall, if required by the Company and without prejudice to any other right or remedy of the Company, pay a surcharge at the rate of 2% of the order value in respect of the outstanding balance.
8) FORMATION OF CONTRACT
a. The Customer shall place an order for goods to be supplied by the Company by telephone or email, or by using the ‘Buy Our Neon Order Form’ page on the Company’s website. On receipt of an order the Company will contact the Customer to discuss the Customer’s exact requirements, estimated delivery dates and confirmation of applicable delivery charges and any Value Added Tax before any contract is entered into. The Company will then send the Customer an Order Confirmation Form by email confirming the goods which are the subject of the order; the price payable inclusive of delivery charges and applicable Value Added Tax; and an estimated delivery date.
b. The order shall be deemed to have been placed, and the contract between the Company and the Customer shall be formed, upon receipt by the Company of an Order Confirmation Form signed by the Customer.
9) PROPERTY
a. All goods remain the property of the Company until paid for in full.
b. In the event that the Customer is the subject of insolvency proceedings (including for the purposes of these terms Administration, Liquidation, Bankruptcy, or a Company or Personal Voluntary Arrangement then the Customer’s right to possession of the goods shall terminate immediately and the Customer shall have no right to retain possession of any of the Company’s goods, and the Company may terminate the contract immediately.
c. Except in respect of any undisputed credit or payment due and owed by the Company to the Customer, the Customer shall pay all amounts due to the Company in full without any deduction or withholding other than as required by law and the Customer shall not be entitled to set off or counterclaim against the Company in order to justify withholding payment of any such in whole or in part.
10) CANCELLATION – BUSINESS CUSTOMERS
a. The Company reserves the right to refuse cancellation of orders placed by the Customer and will refuse to accept any goods returned to the Company without prior permission.
b. In respect of any goods returned to the Company with its permission or the cancellation of any order which is accepted at the sole discretion of the Company the Customer shall be responsible for the original cost of transport to the Customer’s premises, the cost of the removal of the goods and return transport, and the value of any materials used or work done by the Company prior to the date of cancellation.
c. Cancellation of the order will only be effective when confirmed by the Company in writing.
11) CANCELLATION – CONSUMER CUSTOMERS
a. In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, any Consumer Customer is entitled to cancel any contract with the Company without giving a reason.
b. In order to exercise the Customer’s right to cancel the Customer must inform the Company of its decision to do so within 14 days of the date on which the Customer, or a third party named by the Customer for that purpose, takes physical possession of the goods ordered, If the Customer fails to exercise its right to cancel any contract with the Company within the timescale referred to above then the Customer’s right to cancel shall have been irrevocably waived.
c. The easiest way for the Customer to inform the Company of its decision is by using the Cancellation Form attached to these Terms & Conditions at Schedule 1. The cancellation form (or notice of cancellation in any other format) should be sent to the Company either in hard copy to Unit H6, Swan Centre, 4 Higher Swan Lane, Bolton, BL3 3AQ; or by email to ‘info@neoncreations.co.uk’. Notification of the Customer’s decision must have been sent to the Company within the timescale referred to at paragraph b. above. c. If the Customer cancels a contract, the Company will reimburse any payments received from the Customer, including (if any) the cost of the cheapest standard method of delivery, to the Customer. The Company shall be entitled to reduce the reimbursement in respect of any loss of value in the goods which may result from unnecessary handling of the goods by the Customer. ‘Unnecessary Handling’ is any handling by the Customer which goes beyond that which is reasonably necessary to establish the nature, characteristics and functionality of the goods.
d. Any reimbursement will be made by the same means as payment made by the Customer, within 14 days following the earlier of receipt of the returned goods by the Company, or the production of evidence from the Customer that the goods have been returned. e. The Customer will be liable to the Company for any reduction in the value of the goods resulting from their Unnecessary Handling by the Customer and for any diminution in the value of the goods resulting from the Customer’s failure to return the goods to the Company in good and saleable condition.
f. IMPORTANT – Unless the goods supplied by the Company are faulty or not as described, the Customer shall be responsible for the cost of returning goods to the Company in good and saleable condition. Due to the fragile nature of the goods, goods must be returned in the original packaging, or packaging which is of suitable quality and which is to be approved by the Company prior to the goods being returned to the Company by the Customer.
g. IMPORTANT – Goods returned to the Company by the Customer under this clause shall remain at the Customer’s risk until the Company acknowledges receipt of the returned goods, being in a good and saleable condition. Due to the fragile nature of the goods, the Company recommends that goods returned to the Company by the Customer should be insured for the full purchase price of the goods, at the Customer’s expense.
h. IMPORTANT – Paragraphs 11a. to 11g. do not apply in the case of any goods which have been made to the Customer’s specification or have been personalised for the Customer. In the case of such goods, the Customer has no right to cancel any agreement entered into with the Company.
12) LIMITATION OF LIABILITY
a. Where goods are supplied in tamper evident cases the Company can accept no liability for any damage to the goods or injury to any persons if the case has been opened or attempted to be opened.
b. Where the Company has recommended that a product is installed by an experienced neon sign installer, the Company can accept no liability for any damage, loss, cost, expense or injury caused as a result of installation otherwise than in accordance with the Company’s recommendation.
c. Without prejudice to condition 5 (c) above the Company’s maximum liability for breach of contract, misrepresentation, misstatement or other tortuous act or omission including negligence arising under or in connection with the contract shall so far as be permitted by law be limited to the price paid to the Company under the contract.
d. The Company shall not be liable for any loss of profit and/or loss of business and/or depletion of goodwill and/or consequential loss suffered by any person and/or costs or expenses which arise out of or in connection with any contract with the Company.
13) WARRANTY
All goods supplied by the Company are supplied with the benefit of a limited 12 month guarantee. The terms of this guarantee may be found at pages 6 to 7 of the manual enclosed with the goods supplied to the Customer. The terms and conditions of the said guarantee shall have the force of terms and conditions in this agreement.
14) NOTICES
Any notice required or permitted to be given by either party to the other under these conditions shall be in writingaddressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to the provision to the party giving the notice and may be delivered personally or by fax, first class recorded delivery post or first class air mail letter. A notice shall be deemed to have been served (if personally delivered) at the time of delivery (if sent by first class recorded delivery post) 48 hours after posting or (if sent by first class air mail letter) 96 hours after posting or (if sent by fax) at the time of transmission.
15) LAW
a. These conditions and any contract shall be subject to and construed in accordance with English Law.
b. Each of the provisions of these conditions is severable. If any provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity of unenforceability in that jurisdiction of the remaining provisions of these conditions shall not in any way be affected or impaired by it.
c. A person who is not a party to the contract between the Customer and the Company has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the contract but this does not affect any right or remedy of a third party which exists or is available apart from in accordance with that Act. 5
SCHEDULE 1
(IMPORTANT – Please complete and return this form ONLY if you wish to withdraw from/cancel your contract with the Company)
TO: Neon Creations Limited,
Address: Unit H6, Swan Business Centre, 4 Higher Swan Lane, Bolton, BL 3 3AQ
Tel: 01204 655 866
Email: info@neoncreations.co.uk I/WE hereby give notice that I/WE cancel MY/OUR contract of sale of the following goods:
[Description]
_________________________________________________________________________________________
Ordered on:
Order Number:
Name of Customer (CONSUMER ONLY):
Address of Customer (CONSUMER ONLY):
Signature of Customer(s) (PRINT IF RETURNING ELECTRONICALLY):
Dated:
