EHICLE

QUOTATIONS, ORDERS, AND ACCEPTANCE

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• The Manufacturer shall sell and the Purchaser shall purchase the Goods in accordance with any quotation of the Manufacturer which is accepted by the Purchaser, or any order of the Purchaser which is accepted by the Manufacturer, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Purchaser.

• These Conditions together with the signed sales agreement between Purchaser and Manufacturer, the price, quantity and delivery details stated in the Manufacturer's invoice and/or acknowledgement constitute the entire agreement between the Manufacturer and the Purchaser.

• These Conditions may not be varied unless so agreed in Writing by a duly authorized employee of the Purchaser and the Manufacturer.

• 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 Manufacturer shall be subject to correction without any liability on the part of the Manufacturer.

• All specifications drawings and particulars of weights, dimensions, capacity or other details provided by the Manufacturer are intended to give a general idea of the Goods but will not form part of the Contract unless otherwise agreed in Writing.

• The Purchaser shall be responsible to the Manufacturer for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Purchaser, and for giving the Manufacturer any necessary information relating to the Goods within a sufficient time to enable the Manufacturer to perform the Contract in accordance with its terms.

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PRICE, EXCLUSIONS, AND ADJUSTMENTS

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• The price of the Goods is exclusive of cost of packing, delivery, Value Added Tax (‘VAT’) but inclusive of the Manufacturer's charges for supplying certificates of conformity. Packaging and delivery will be charged in accordance with the Manufacturer's standard rates at the date of supply. VAT will be charged on the total invoice value including without limitation charges for packing and delivery at the rate(s) applicable on the date of supply.

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DELIVERY

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• Unless time is agreed to be of the essence by a Director of the Manufacturer and the Purchaser in Writing any time or date given by the Manufacturer for delivery is given, and is intended, as an estimate only and the Manufacturer shall not be liable for failure to deliver within the time quoted.

• The Goods may be delivered in advance of the estimated delivery date and the Manufacturer shall be entitled to make partial deliveries or deliveries by instalments and these Conditions shall apply to each such instalment or partial delivery. Each instalment shall constitute a separate contract and the failure by the Manufacturer to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Purchaser in respect of any one or more instalments shall not entitle the Purchaser to treat the Contract as a whole as repudiated.

• In the event of the Purchaser failing to take delivery of the Goods or failing to give the Manufacturer adequate delivery instructions at the time stated for delivery, the Manufacturer may arrange for storage of the Goods so delivered at the risk and cost of the Purchaser (such cost to include the cost of insurance) or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Purchaser for the excess over the price under the Contract or charge the Purchaser for any shortfall below the price under the Contract.

• Risk of damage to or loss of the Goods shall pass to the Purchaser in the case of Goods having been delivered to the Purchasers premises or to a courier arranged by the Purchaser.

• No claim for damage in transit, shortage of delivery or loss of the Goods will be entertained unless the Purchaser shall have given to the Manufacturer written notice of such damage, shortage or loss with reasonable particulars thereof within seven days of receipt of the Goods or in the case of total loss within seven days of receipt of the invoice or other notification of dispatch. The Manufacturer’s liability, if any, shall be limited to replacing or repairing such Goods or refunding the price and it shall be a condition precedent to any such liability that the Purchaser shall if so requested have returned the damaged Goods to the Manufacturer within seven days of request. 

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PAYMENT

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• Liability for payment shall arise either at the time of placing the order, or on delivery of the Goods to the Purchaser depending on the specific terms written on the invoice or pro-forma invoice. If the Purchaser fails to pay the price on the due date then all outstanding invoices rendered by the Manufacturer to the Purchaser under any contract shall become immediately payable.

• The Manufacturer shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Purchaser. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.

• The Manufacturer may in its unfettered judgement withdraw the credit terms described in sub-clause (a) hereof and/or any other credit terms that may have been agreed in Writing between the Manufacturer and the Purchaser and substitute with either pro-forma payment terms.

• If the Purchaser fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Manufacturer, the Manufacturer shall be entitled to: (i) cancel the Contract or suspend any further deliveries to the Purchaser; (ii) appropriate any payment made by the Purchaser to such of the Goods (or the goods supplied under any other contract between the Purchaser and the Manufacturer or any Group Company) as the Manufacturer may think fit (notwithstanding any purported appropriation by the Purchaser); and (iii) charge the Purchaser interest (both before and after any judgment) and late penalty charges on the amount unpaid, at the rate prescribed in the “Late Payment of Commercial Debts Act 1998”, with is 8.5% per annum, until payment in full is made. (iv) pass on all costs and charges to the Purchaser for the use of debt recovery third parties and agencies.

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TRANSFER OF PROPERTY

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• Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Purchaser until the Manufacturer has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Manufacturer to the Purchaser for which payment is then due.

• Until such time as the property in the Goods passes to the Purchaser, the Purchaser shall hold the Goods as the Manufacturer’s fiduciary agent and bailee but shall be entitled to resell or use the Goods in the ordinary course of its business.

• Until such time as the property in the Goods passes to the Purchaser (and provided the Goods are still in existence and have not been resold), the Manufacturer shall be entitled at any time to require the Purchaser to deliver up the Goods to the Manufacturer and, if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the Goods are stored and repossess the Goods.

• During such time as the property in the Goods remains in the Manufacturer, the Purchaser shall store or otherwise keep the same in such a way as to clearly indicate at all times that the said property remains in the Manufacturer and shall not remove, obscure or delete any labels or marks placed on the Goods which may enable the Goods to be identified as the Manufacturer’s and shall grant the Manufacturer access to any of its premises for the purpose of inspecting the Goods.

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WARRANTY

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• The Manufacturer warrants that its products will be free from any defect in material or workmanship for a period of: (i) Five years after the date of delivery to the end user (“the warranty period”) for the function of our Driving Lights. (ii) Five years after the date of delivery to the end user (“the warranty period”) for the function of all Utility Lights where the end fitment is an automotive application, and two years where the end fitment is for specialist vehicle fitment (Mining, Forestry, Construction). (iii) Two years for the visual appearance of the lamps to include blemishes, corrosion, colour fading/changes, subject to approval from Lazer Lamps.

• The Manufacturer’s liability for breach of warranty shall be limited solely to replacing or repairing, without charge, the defective Products or part thereof, or at the Manufacturer’s option refunding the price of the Products provided that all of the following conditions have been met: i. The End User shall have notified the Manufacturer or the B2B Reseller of the defect(s) in writing within the warrant period. ii. A copy of the purchase receipt to the end user must be provided, as this represents the commencement date of the warranty period. iii. If requested by the Manufacturer, the End User shall have returned such defective goods or part thereof, to their place of purchase (i.e. to the B2B Reseller). The Manufacturer shall not be liable for the cost of shipping the defective item to the B2B Reseller, however, the cost of returning from the B2B reseller to the Manufacturers chosen location will be born by the Manufacturer, when a pre-agreement on freight service has been agreed. iV. Such defect shall have been proved by the End User to be attributable to the Manufacturer

• The End User accepts that mounting extra lamps or other accessories to the vehicle may impact performance and reliability of the vehicle and it’s component parts, including but not limited to; (i) wind noise, (ii) engine efficiency and cooling, (iii) robustness and strength of the surrounding or connected parts (i.e. grilles), (iv) electrical systems. The End User hereby indemnifies Lazer from liability for any and all direct loss, damage or degradation in performance of the vehicle, resulting from the fitment of Lazer products.

• The Products warranty may be invalidated if the End User has incorrectly fitted replacement parts, or tried to repair the products without prior discussion and agreement from Lazer, which may have led to deterioration of the internal lamp components (i.e. through non-sealing or sealing using a non-compatible adhesive). The Manufacturer will have responsibility for judging whether replacement parts have been fitted correctly or otherwise.

• Fitting service: Where a product is fitted using the Lazer in-house fitting service, the fitment of the products is guaranteed to be free from defects. In case of issues that arise as a result of defective products or poor workmanship, we will undertake to (i) Fix the defect (the vehicle must be brought back to Lazer HQ at the expense of the End User), (ii) Refund the cost of the fitting service. The End User accepts that the process of fitting may involve drilling/cutting of the vehicle, and Lazer accepts no liability for returning the vehicle back to original specification, should the products be returned to Lazer using the 30 day money back guarantee service, or for any other reason.

• Fitting service: Where a product is fitted using a third party “Lazer approved” fitting service, Lazer accepts no liability for the workmanship or of the quality of the service provided.

• Save as aforesaid all other conditions, guarantees, or warranties whether express or implied by statute, common law or otherwise including (but without prejudice to the generality of the foregoing) conditions, guarantees or warranties as to quality, fitness for purpose or description of the Products are hereby excluded. The Manufacturer’s liability for any and all direct loss or damage resulting to the End User from defects in the Products or any other cause shall be limited to the purchase price of the Products in respect of or in relation to which such loss or damage is claimed. Subject as aforesaid the Company shall be under no liability in contract or in tort for any loss or damage or personal injury arising directly or indirectly out of the supply or use of the Products or containers other than death or personal injury resulting from the negligence of the Manufacturer.

• Without prejudice to the preceding provisions of this clause, the End User hereby agrees to indemnify the Manufacturer against any liability which the Manufacturer may incur (whether such liability arises by way of judgement or bona fide settlement of any claim) under Parts 1 and 2 of the Consumer Protection Act 1987 whether by way of civil or criminal proceedings in respect of the contract.

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