Terms of website use
1. INFORMATION ABOUT US
1.1. Our Site is operated by Spanlite, a company registered in England under number 05374761 with its registered office at Park House, 5-27 Monument Hill, Weybridge, Surrey KT13 8RT, UK (“we”, “us” or “our”). Our VAT number is 720 5267 59.
2. ACCESSING OUR SITE
2.1. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off and download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
4. OUR SITE CHANGES REGULARLY
4.1. We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
5. OUR LIABILITY
5.1. As access to our Site is provided free of charge, the material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
5.1.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
5.1.2. any and all liability (whether arising in contract, tort or otherwise) for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it.
5.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
6. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
7. VIRUSES, HACKING AND OTHER OFFENCES
7.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
8. LINKING TO OUR SITE
8.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you or operated by you.
9. JURISDICTION AND APPLICABLE LAW
11. YOUR CONCERNS
11.1. If you have any concerns about material which appears on our Site, please contact firstname.lastname@example.org
Thank you for visiting our site.
Terms & Conditions of Supply
“Goods” means any goods and/or services provided by the Company as ordered by the Client.
“Company” means Spanlite.
“Client” means the person, firm or company placing an order with the Company.
These terms and conditions apply to any provision of services or materials by the Company to the Client.
3. FORMATION OF CONTRACT
All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company. Acceptance of goods or services shall be deemed as acceptance of these terms and conditions in their entirety unless written agreement to any changes is obtained from the Company.
The prices, quantities and delivery times stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve. Where imported goods are specified the Company reserves the right to pass on losses due to currency conversion.
5. RIGHT TO SUBCONTRACT
The Company has an absolute right to subcontract all or any part of the work contracted for.
The Company will use its best endeavors to supply the services or materials to the Client within the quoted time but time will not be of the essence.
The Client acknowledges that the rights to the Goods are owned by the Company and that the Goods are protected by United Kingdom and international copyright and patent laws, international treaty provisions and all other applicable national laws.
8. RISK OF LOSS
The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods. Where goods are stored on site it is the responsibility of the Client to provide adequate safe storage.
9. MATERIALS SUPPLIED BY CLIENT
Where materials are supplied by the Client these will remain at the clients risk until installed furthermore no liability will be accepted for damage to these goods unless by negligence or misuse by the Company’s staff or sub-contractors.
10. DEPOSITS AND PRO FORMA PAYMENTS
Where a deposit or pro forma payment is required goods will not be ordered until cleared funds are received by the Company where this arises the date for the completion of the works shall be adjusted accordingly.
11.1 All invoices of the Company shall be paid by the Client within thirty (30) days of the date of invoice except as detailed in clause 10 unless otherwise agreed in writing by the Company. In the event of late payment, the Company may charge interest on the amount outstanding before and after judgement at the rate of four (4) percent above the Base Rate of Barclay’s Bank plc in force from time to time from the due date until the date of payment. Alternatively, for invoices unpaid 30 days after the due date, the Company may impose a surcharge equal to 2.5% of the outstanding amount.
11.2 If any amount of the invoice is disputed by the Client the Client shall inform the Company of the grounds for such dispute within seven days of delivery of the goods or completion of the works and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms.
11.3 Where the Company requires payment of a deposit, the Client acknowledges that the deposit is not returnable.
11.4 All fees and goods supplied are exclusive of Value Added Tax which will be added to invoices where appropriate at the applicable rate as set by Her Majesty’s Revenue and Customs.
11.5 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
In view of the nature of the service any order confirmed by the Company is not cancellable. Cancellation of the order by the Client will only be accepted on condition that any costs, charges and expenses already incurred by the Company, such charges to include time spent by the company on design or any other costs due and payable on cancellation of materials will be paid in full. Where materials are job specific and not capable of cancellation by the Company the Client will be liable for the cost of these materials and will be obliged to take delivery thereof.
13.1 Delivery by the Company will be deemed to have taken place when the materials are handed into the custody of the Client at his premises or to a site specified by the Client or to a courier or postal agent. The Company will be entitled to charge the Client for any expenses of delivery other than normal postage charges.
13.2 Notification of delivery, passing to a courier or posting may be given verbally, by telephone or by electronic means. Such notification shall be accepted as proof of delivery in accordance with provisions of 13.1.
Where the contract specifies connection to a power supply the Client shall be responsible for the provision of a safe supply. The Company shall not be held liable for damage to materials or persons caused by connection to an incorrect electrical supply.
All written notices to be served on or given to the Client shall be sent or delivered to the Client’s principle place of business and shall be treated as having been given upon posting, electronic transfer via email or facsimile or by hand delivery.
16. LOSS OR DAMAGE TO SUPPLIES
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of any services or materials it supplies to the Client or any materials which may be received from the Client for incorporation into the product.
17. PROVISION OF SAMPLES
17.1 Unless agreed and indicated in writing by the Company, the Client (and their clients) shall be entitled to use any samples provided solely for the purpose of conducting testing or evaluation. The Client shall not otherwise be entitled to store nor pass on (whether to a client or other person) or use the materials nor make any copies of the sample or any component part thereof.
17.2 The Client shall bear responsibility for ensuring that all usage of information contained within any samples is in accordance with and does not contravene any Data Protection or other laws, regulations or other trade customs and practices. The Company bears no liability for any omissions or faults in these respects.
17.3 Where samples are provided these must be returned at the request of the Company in saleable condition. Where not returned or returned damaged or in less than saleable condition the full cost of these shall be payable by the Client.
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.
19. EMPLOYMENT OF PERSONNEL
Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, temporary worker, agent, partner or consultant any employee or sub contractor of the Company directly associated with design, manufacture, assembly, delivery or installation of the Goods.
20.1 The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
20.2 The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
20.3 All goods are supplied subject to the warranties of the Company’s suppliers. The Client warrants that it is aware of the limitations of use, any legal requirements as regards use of goods for its specific purpose and any tolerances regarding size or flexibility of the product.
21. AFTER SALES CARE
The Client acknowledges its sole responsibility for the care of the goods following supply. The Company accepts no liability in respect of damage caused due to electrical faults in the supply to equipment, connection to an incorrect supply, failure or misuse of a control device, failure to comply with operating instructions and advice, other use outside of that originally stated at time of placing order, inappropriate cleaning methods or damage due to water ingress, however caused.
22. LIMITATION OF LIABILITY
22.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused, including loss of profit, loss of revenue or claim from a third party or client of the Client, whether from negligence or otherwise in connection with the supply, functioning installation or use of the Goods. Any liability of the Company shall in any event be limited to the cost of materials supplied.
22.2 Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
22.3 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods.
23. FORCE MAJEURE
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or suppliers being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
24. GOVERNING LAW
These Terms of Trading shall be subject to and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.