Term

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Astro Lighting Limited Terms and Conditions of Sale of Goods


1. Definitions


1.1 "Supplier" means Astro Lighting Limited;

1.2 "Customer" means the customer of the Supplier specified in a relevant purchase order;

1.3 "Goods" means any goods which the Supplier supplies to the Customer pursuant to a purchase order;

1.4 "Delivery Date" means the date on which the Goods are deemed to be delivered in accordance with clause 9;

1.5 "Account Address" means the address provided by the Customer when setting up an account with the Supplier;

1.6 "Intellectual Property Rights" means patents, registered designs, unregistered designs, trade marks and service marks, domain names, copyright, design right, database rights, moral rights, utility models, trade or business names, trade secrets and other proprietary knowledge and information, specifications, formulae, data, processes, methods, techniques, improvements, other technology and/or discoveries, know-how, materials, rights protecting goodwill and reputation, rights in inventions, computer programs, designs, rights in confidential information and any other intellectual or industrial property right of any nature whatsoever, whether registered or unregistered or applied for, and together with (i) all rights of action in relation to the infringement of and the right to apply for any of the above, from time to time existing anywhere in the world and (ii) anything which is capable of protection by any of the foregoing rights; and

1.7 "Personal Data" and "Processing" shall have the meanings set out in the Data Protection Act 1998.


2. Conditions Applicable


2.1 These Terms and Conditions shall apply to the sale of Goods by the Supplier to the Customer to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.


2.2 An order for the Goods placed by the Customer or any agent of the Customer shall be deemed to be:


2.2.1 an offer by the Customer to purchase Goods pursuant to the provisions of these Terms and Conditions;

2.2.2 accepted only when the Supplier issues a written acceptance of the order, at which point these Terms and Conditions shall become binding on the parties; and

2.2.3 conclusive evidence of the Customer's acceptance of these Terms and Conditions.


2.3 Any variation of these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be invalid unless agreed in writing by the parties.


3. Description


The Customer acknowledges and agrees that any description which is given or applied to the Goods:


3.1 is only for the purpose of identifying the Goods; and


3.2 is not relied on by the Customer when entering into these Terms and Conditions.


4. Supplier Warranty


4.1 The Supplier warrants that on delivery the Goods shall:


4.1.1 conform in all material respects with their description; and


4.1.2 be free from material defects in design, material and workmanship.


4.2 The Supplier shall not be liable for the failure of any Goods to comply with the warranty set out in clause 4.1 in any of the following events:


4.2.1 the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;


4.2.2 the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer;


4.2.3 the Customer alters or repairs such Goods without the written consent of the Supplier;


4.2.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or


4.2.5 the Goods differ from their description as a result of changes made by the Supplier to ensure they comply with applicable statutory or regulatory requirements.


4.3 The warranties set out in clause 4.1 shall not apply to any bulbs or components supplied by third parties that are incorporated in the Goods.


4.4 Subject to clause 4.1, all conditions or warranties, express or implied (whether by statute or otherwise, to the fullest extent permitted by law), are expressly excluded from these Terms and Conditions.




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