TERMS & CONDITIONS 2022
1 – General
1.1 - Company means KSR Lighting Ltd, Unit E Hazleton Interchange, Lakesmere Road, Horndean, Waterlooville, Hampshire, PO8 9JU.
1.2 - Customer means the person, firm or company who purchases goods from the Company.
1.3 - Contract means the contract between the Customer and the Company for the sale and purchase of goods.
1.4 - Goods means the goods which the Company is to supply in accordance with these conditions.
2 - Basis of Sale
2.1 - The Company shall sell, and the Customer shall purchase the Goods in accordance with these conditions, which shall govern the Contract to the exclusion of any other terms and conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document.
2.2 - No variation to these Conditions shall be binding unless agreed in writing by the Company.
2.3 - 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 Company shall be subject to correction without liability on the part of the Company.
2.4 - Goods supplied may vary in detail from illustrations, drawings, measurements and descriptions set out in the Company’s sales literature, which are approximate and for guidance only and will not form part of the contract. Colour finishes will be maintained as accurately as possible, but matching cannot be guaranteed. All terminology used in the Company’s sales literature is subject to these Conditions.
2.5 - The Company reserves the right to withdraw, improve or modify any design without prior notification. The Company cannot be held responsible for the incorrect application of any product.
2.6 - Samples can be purchased on a sale or return basis and will be subject to a carriage charge. The carriage charge will be refunded if an order is placed after receiving the sample. Any sample that is not required and is to be returned must be complete, undamaged, and boxed as received. The value must be over our minimum order value to receive a refund.
2.7 - The Company will do our up most to ensure the LED colour kelvin is constant. But due to manufacturing processes the colour may vary. Therefore, the Company cannot be held responsible for any discrepancies/variations of colour.
3 - Orders
3.1 - No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company.
3.2 - The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted by the Buyer, and for giving the Company any necessary information relating to the Goods with sufficient time to enable the Company to perform the Contract in accordance with its terms.
4 - Goods for Return
4.1 - Under no circumstance can any Goods be returned to the Company without the Company’s prior written consent and authorisation number being issued.
4.2 - All goods being returned must have the authorization number on the outer cartons and a copy of the debit note attached with details of the original invoice number and date purchased. Goods will only be accepted back if an authorization number is on the outer carton otherwise the goods will not be accepted.
4.3 - Goods purchased and no longer required within 3 months will be subject to a handling charge or an order twice the value of the goods being returned. The Buyer shall be liable for the cost of returning the Goods and for any damage to the Goods prior to receipt by the Company of such returned goods.
4.4 - The goods must be returned in their original packaging to ensure no damage is sustained during transit. Any products and product boxes that are damaged, defaced or with broken seals will not be accepted for return.
4.5 - All faulty goods returned will be inspected and tested. Any products found to be in perfect working order will be returned and re-invoiced, with any applicable carriage charge.
4.6 – Any goods returned to KSR for inspection must be packaged in such a way that accidental damage cannot occur in transit. It is the responsibility of the returning party that the item is returned in such a manner, failure to do so may result in any products being returned being rejected on these grounds.
4.7 – Any product found to be faulty within 30 days of purchase will be replaced once a chargeable advance replacement order has been received, the order must include the original purchase order and invoice number.
4.8 – Any product reported as faulty after 30 days of purchase and within the 12 month guarantee period will need to be returned to the company for inspection or repair. If a repair cannot be carried out a replacement fitting will be sent.
5 - Price of Goods
5.1 - The price of the Goods shall be the price listed in the Company’s current published price list. All previous price lists will be deemed void once superseded by the release of any new price list.
5.2 - The price for the goods shall be exclusive of any value added tax.
5.3 - Unless otherwise agreed in writing between the Customer and the Company, all prices are given by the Company on an ex-works basis, and where the Company agrees to deliver the Goods otherwise than at the Company’s premises. The Customer shall be liable to pay the Company’s charges for transport.
5.4 - Any quotation is valid for a period of 30 days only from the date of the quotation.
6 - Carriage
6.1 - Carriage to destinations in the UK mainland (excluding Scottish Highlands and Northern Ireland) will be paid by the Company on orders having a net invoice value of £200.00 or more excluding VAT. Orders under this value will be subject to a carriage charge which is available on request.
6.2 - Timed deliveries and guaranteed next day services are available. Prices are available on request and must be confirmed on the submitted purchase order.
6.3 - The minimum order values for carriage paid deliveries to the Scottish Highlands and Northern Ireland and areas outside the UK mainland are available on request.
6.4 - Any cancellation of an order by the customer must be confirmed in writing to the company, failure to confirm in writing may result in the customer receiving the goods and subject to the return charges that apply. See clause 4.3
7 - Delivery
7.1 - Any dates quoted for the delivery of the Goods are approximate only. Time for delivery shall not be of the essence of the Contract.
7.2 - Claims by the Customer for shortages in delivery cannot be accepted unless they are received by the Company in writing within 3 working days of the expected date of receipt of the Goods at the Customer’s premises.
7.3 - Claims by the Customer for any damages / breakages in delivery cannot be accepted unless they are received by the Company in writing within 3 working days of the expected date of receipt of the Goods at the Customer’s premises. The Company will not accept any damages / breakages once the goods have left the Customer’s premises.
7.4 - The Company are unable to accept any liability for lost or misplaced goods once they have been delivered with a clear signature at a specified direct delivery address. (Advised by customer in writing).
7.5 - Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds 90 days. The Customer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Goods.
8 - Special Orders
8.1 - Orders placed for Special items that are not in the current catalogue or are non-stock lines are supplied on a non-returnable basis and cannot be cancelled once we have received the signed form in conjunction with the purchase order. You will be required to complete a form before your order is processed to agree to these terms.
9 - Specification
9.1 - It is the responsibility of the purchaser to ensure that any product that has been schemed or selected is suitable and / or applicable for the intended installation.
10 - Payment
10.1 - Time for payment will be the essence of the Contract. The Customer shall make payment according to the payment terms agreed with the Company.
10.2 - All Goods remain the property of the Company until full payment has been received by the Company.
10.3 - If the Customer fails to make any payment under any Contract with the Company on the due date shall be in breach of these Terms & Conditions or any other term of any Contract with the Company.
10.4 - If the Buyer fails to pay the Company any sum due. The Buyer will be liable to pay interest to the Company on such sum from the due date at the annual rate of 5% (above the base lending rate from time to time of the Bank of England), accruing daily until payment is made whether before or after any judgement.
11 - Warranties
11.1 - The Guarantee period for any Goods is as specified in the Company’s catalogue current at the time of acceptance of the Customer’s order and commences on delivery of the Goods.
11.2 - Where the LED products are warranted for more than 12 months this will be for the LED Chips only and driver only, the rest of the product will carry our standard 12-month guarantee. Apart from our:
- Fire Break Qr5, Qr7 & Qr10 ranges which have an extended warranty of 2 years.
- Starlet backlit LED Panels which have an extended warranty for 4 years.
- Navara X, IP & Pro Battens which have an extended warranty of 4 years.
- Navara SF which have an extended warranty of 2 years.
- Select Product Ranges which have an extended warranty of 4 years.
11.3 - LED Warranty period is based on an average operating usage of:
- Up 8hours a day, 7 days a week, 52weeks a year or 2,912 Hours a year
- Up to 12hours a day, 6 days a week, 52weeks a year or 3,744 hours a year
11.4 - Where the company provides an extended warranty it will be inclusive of the given 12 month guarantee. The companies 5 year warranty will be 1 + 4 years, and the 3 year warranty will be 1 + 2 years.
11.5 - The Company can at its entire discretion either replace or repair any of the Goods which within the guarantee period are shown to its satisfaction to be defective through faulty material or workmanship alone, provided that no attempt has been made by the Customer or a third party to rectify, dismantle or alter the Goods in any way and the faulty unit is returned to the Company.
11.6 - The installation of the Goods should only be carried out by a competent person in accordance with the instructions supplied with the Goods and relevant latest UK or European Standards. The Company will not be held responsible for failure of any Goods due to installation in an improper environment, installation not in accordance with relevant regulations, improper working practice, misuse, negligent storage or accidental damage. The Company does not take responsibility for damage to any Goods caused by excessive mains transients.
11.7 - The Company will not assume responsibility for corrosion or other resulting damage to Goods where they are installed in areas in which fertilizers or salt are present, either in the air or in the soil or where the Goods are installed near to chemical plants, etc with emissions of heavily polluted air. All KSR external products are recommended to have quarterly maintenance to stop any corrosion that could happen to the product. All AISI 316L stainless steel products must be cleaned with a suitable Stainless Steel Cleaning kit quarterly to keep the product features.
11.8 - The Company does not take responsibility for any installation costs associated with replacement of a faulty unit. The Company’s obligation under this warranty shall not extend beyond the original cost of the product and accordingly any consequential damages arising out of the product defects are expressly excluded. This warranty will only apply to KSR products and excludes 3rd party products and consumable such as batteries.
11.9 - *All WiZ GU10 LED Lamps carry a 5 year warranty on the lamp only (please refer to WiZ T&C’s for more details:
All products manufactured by KSR will carry our standard 12-month guarantee and are subjected to the same terms and conditions outlined above.
12 - Quality
12.1 The Company warrants that for a period of 12 months from the date of delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979
12.2 The Company shall not be liable for a breach of the warranty in condition 12.1 unless:
(a) the Customer gives written notice of the defect to the Company, and, if the defect is because of damage in transit to the carrier, within 3 days of the time when the Customer discovers or ought to have discovered the defect.
(b) the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Customer (if asked to do so by the Company) returns such Goods to the Company’s place of business at the Company’s cost for the examination to take place there.
12.3 The Company shall not be liable for a breach of the warranty in condition 12.1 if:
(a) the Customer makes any further use of such Goods after giving such notice.
(b) the defect arises because the Customer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
(c) the Customer alters or repairs such Goods without the written consent of the Company. 12.4 Subject to condition 12.2 and condition 12.3, if any of the Goods do not conform with the warranty in condition 12.1 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Customer shall, at the Company’s expense, return the Goods or the part of such Goods which is defective to the Company.
12.5 If the Company complies with condition 12.4 it shall have no further liability for a breach of the warranty in condition 12.1 in respect of such Goods.
13 - Aftersales and Technical Support
13.1 – In the event of a technical enquiry, customers are encouraged to get in touch with KSR technical for advice and guidance. For technical support please dial +44(0)2392 674343 Monday – Friday between 8.00 and 17.30, or email [email protected]
13.2 – in the event there is a fault with a KSR Product within the warranty period as specified by our general terms and conditions, customers are obliged to produce a valid proof of purchase showing when the good were purchased, KSR aftersales can be contacted by email at [email protected]
14 - Copyright
14.1 All Products, names, drawings, and descriptions may not be reproduced in any from whatsoever without prior written consent from KSR Lighting.
15 -Protection of Personal Data
15.1 – The Company and the Customer undertake to comply with Regulation (EU) 2016/679 of the European Parliament and of the council of 27th April 2016 on the protection of natural persons regarding processing of personal data and repealing Directive 95/46/EC (General Data Protection Regulation) OJ L 119/1, 4.5.2016 (and any successor legislation).