1.1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from Archer Lighting Ltd, a company registered in England and Wales under number 17102471 whose registered office is Unit 16, Lycroft Business Park, Park Lane, Upper Swanmore, Southampton, SO32 2QQ (we or us).
1.2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the goods (whichever happens earlier) and will constitute the entire agreement between us and you.
1.3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course dealing.
2.1. A “business day” means any day other than a Saturday, Sunday or Bank Holiday.
2.2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
2.3. Words imparting the singular number include the plural and vice-versa.
3.1. The description of the Goods is set out in our website, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our website are intended as a guide only.
3.2. We can make any changes to the specification of the Goods, which are required to conform to any applicable safety or other statutory or regulatory requirements.
3.3. We offer a discretionary buyback scheme in relation to our Goods, enabling our customers to demonstrate compliance with circular economy principles, including the recycling and reuse of materials. We encourage you to contact us at info@archer-lighting.co.uk if you are undertaking a strip-out and would like us to arrange a buyback appraisal of any or all of the Goods. Whether we agree to undertake an appraisal and make an offer to buyback the Goods is entirely at our discretion and is subject to our buyback terms and conditions, which will be provided to you following receipt of a request.
4.1. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
4.2. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
4.3. Any increase in the Price under the clause above will only take place after we have told you about it.
4.4. Any and all discounts will be at our discretion.
4.5. The Price is inclusive of fees for packaging and transportation / delivery as outlined on quotation.
4.6. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5.1. Details of the Goods as described in the clause above (Goods) and set out on our website are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
5.2. The quotation (including any non-standard price negotiated in accordance with the clause on Price above) is valid for a period of 30 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
5.3. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
6.1. We will invoice you for the Price either:
6.2. You must pay the Price within 30 days of the date of our invoice or otherwise according to any credit terms agreed between us.
6.3. You must make payment even if delivery has not taken place and / or that the title in the Goods has not passed to you.
6.4. If you do not pay within the period set out above, we will suspend any further deliveries to you and, without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per month above the base rate of the National Bank or as indicated on the invoice from time to time on the amount outstanding until you pay in full.
6.5. Time for payment will be of the essence of the Contract between us and you.
6.6. All payments must be made in British Pounds unless otherwise agreed in writing between us.
6.7. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
6.8. If you pay by PayPal / Credit Card you do so in the understanding that you waive your chargeback rights.
7.1. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order, or to another location we agree in writing.
7.2. If you do not specify a delivery address, delivery will happen to the invoice address.
7.3. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 9 am to 5 pm.
7.4. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
7.5. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
7.6. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
7.7. We can deliver the Goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle you to cancel any other installment.
8.1. The Supplier warrants to the Purchaser that the Goods will correspond with the Specification at the time of delivery.
8.2. The Supplier may agree warranty terms which the Purchaser may pass on to its customers or the ultimate end users of the Goods, as applicable. Details of such warranty terms shall be referred to or set out in a Confirmation, or otherwise identified by the Supplier in writing.
8.3. The Warranty is conditional upon the satisfaction of the following terms:
8.4. The Supplier shall not be liable under the Warranty if the terms set out in this Condition are not satisfied.
8.5. The Warranty will not apply to:
8.6. The Warranty shall expire immediately if the Purchaser or third parties make or perform changes, repairs, service work or troubleshooting in respect of the Goods or any replacement goods other than in conformance with the requirements of this Condition without the prior written consent of the Supplier.
8.7. The Supplier shall not be liable under the Warranty if:
9.1. You must inspect the Goods on delivery or collection.
9.2. If you identify any damages or shortages, you must inform us in writing within 7 days of delivery, providing details.
9.3. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and, if required, have carried out an inspection.
9.4. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
9.5. We will be under no liability or further obligation in relation to the Goods if:
9.6. You bear the risk and cost of returning the Goods.
9.7. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 5 days after delivery.
10.1. The risk in the Goods will pass to you on completion of delivery.
10.2. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods; and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
10.3. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
10.4. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
11.1. We can terminate the sale of Goods under the Contract where:
12.1. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
12.2. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.3. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
12.4. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
12.5. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
12.6. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
13.1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
13.2. Notices will be deemed to have been duly given:
13.3. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
14.1. Neither party 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.
15.1. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
16.1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
17.1. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.