Trade-Deck Terms & Conditions

Download Terms & Conditions

(hereinafter referred to as “The Supplier”)

IMPORTANT NOTICE TO ALL EXISTING AND PROSPECTIVE CUSTOMERS

The attached terms and conditions of sale shall govern all existing and future orders placed by you upon us unless expressly otherwise agreed in writing, or until superseded by new terms and conditions.

1. SCOPE AND INTERPRETATION

1.1 These terms and conditions shall apply in respect of each and every contract for the sale or provision of goods and/or services and/or the undertaking of projects by the supplier, unless specifically otherwise agreed between the parties in writing.

PLEASE TAKE NOTE:

1.2 The provisions of this document shall overrule any terms and conditions of contract of the customer, unless otherwise agreed between the parties in writing.

1.3 The supplier may agree to a specific contract on special terms set out in the quotation or tender for such contract, and in the event of any inconsistency between the provisions of these terms and conditions and any such special terms, the special terms of the specific contract shall prevail.

1.4 In this document headings embodied in the clauses are for convenience and shall not be used in its interpretation and, unless the context clearly indicates a contrary intention;

1.4.1 the singular shall include the plural and vice versa;

1.4.2 the reference to one gender shall be capable of being construed as reference to any of the others;

1.4.3 the references to a natural person shall be capable of being construed as a reference to a juristic person and vice versa.

1.5 Unless the context of this document clearly indicates a contrary intention, the following words or phrases shall have the meaning assigned to them;

1.5.1 “the supplier” shall mean TRADE-DECK LEDLIGHTING, or any of its divisions or businesses;

1.5.2 “the customer” shall mean any party who purchases goods and/or services or with whom a contract is concluded;

1.5.3 “goods” shall be those goods to be supplied by the supplier as specified in the supplier’s quotation or in a contract;

1.5.4 “services” shall be those services to be supplied by the supplier as specified in the supplier’s quotation or in a contract;

1.5.5 “projects” shall mean any complete project or projects, or parts thereof, to be undertaken by the supplier and as specified in the supplier’s quotation or a contract;

1.5.6 “order” shall mean a written request or instruction by the customer for the supply of the goods and/or services and/or the undertaking of projects by the supplier;

1.5.7 “quotation” shall mean a written quotation or tender by the supplier for the supply of the goods and/or services and/or the undertaking of projects;

1.5.8 “contract” shall mean any contract for the supply of goods and/or services and/or the undertaking of projects by the supplier;

1.5.9 “acceptance tests” shall mean such tests to be made by the supplier before the works are taken over by the customer as are provided for in the quotation or the contract or, where no specific provision in the quotation or contract exists, such tests as are normally made by the supplier in respect of similar works;

1.5.10 “acceptance certificate” shall mean a certificate evidencing the execution of acceptance tests, and the acceptance of the works in accordance with those tests;

1.5.11 “take-over date” shall mean the date that the customer signs an acceptance certificate certifying that the works have been completed in accordance with the quotation or the contract and have passed the acceptance tests, or, where the customer fails and/or refuses to issue such a certificate through no fault of the supplier, the date upon which the works have been completed in accordance with the quotation or the contract and, in the sole opinion of the supplier, have been ready for use, or 2 (two) months after delivery of the works, whichever is the earlier;

1.5.12 “works” shall mean all goods, work and services to be provided by the supplier in terms of the quotation or the contract;

1.5.13 “due date” shall mean: in relation to the supply of goods, the agreed terms from the date of invoice or from the date of statement, on which date goods were supplied and such date appearing on the invoice for the first time; and in relation to the supply of repair services and similar non project type services, the agreed terms from the date of invoice or from the date of statement, on which date repair services and similar non project type services were supplied and such date appearing on the invoice for the first time; and in relation to the supply of other services and/or projects, the agreed terms after the take-over date or, where the take-over date is delayed by the customer or by another contractor having an involvement in the project or as a result of anything else out of the control of the supplier, the agreed terms after the services and/or project have been completed and, in the sole opinion of the supplier, have been ready for use;

1.5.14 “the agreed terms” shall mean the number of days credit allowed from the date of invoice or from the date of statement, either

net or subject to a settlement discount as agreed to in writing by the supplier. If no number of days is specifically agreed, the

period shall be 7 (seven) days;

1.5.15 “retentions” shall mean the withholding of portions of the contract price if so agreed upon between the parties, the purpose of

this shall be to ensure the due fulfilment by the supplier of its obligations in terms of the quotation or the contract;

1.5.16 “delivery” unless inconsistent with, or otherwise indicated by the contents of the quotation or the contract, shall be regarded as

taking place;

1. a) in the case of delivery ex-stores, to the supplier’s premises: when the delivery note is signed by the customer or his

representative;

1. b) in the case of delivery by rail: when a Rail Consignment Note (accompanied by a set of packing lists or detailed delivery

note) is stamped by South African Transport Services;

1. c) in the case of delivery through post: when parcels post receipt or other proof of postal despatch (accompanied by a set of

packing lists or detailed delivery note) is stamped by the South African Post Office;

1. d) in the case of delivery by air: when an air waybill (accompanied by a set of packing lists or detailed delivery note) is

stamped by the air carrier in question;

1. e) in the case of delivery to a customer’s address in South Africa or an adjoining territory: as per (b), (c) and (d) above, as the

case may be but with consignment note, proof of posting or air waybill endorsed “carriage paid”. Alternatively when a

delivery note is signed by the customer or his authorized representative;

1. f) in the case of delivery F.O.B. South African port: when an original bill of lading (accompanied by a set of packing lists or

detailed delivery notes) is signed by the carrier;

1. g) in the case of delivery C.I.F. to the customer’s port of entry, ex South African port: as per (f) above, but with bill of lading

(accompanied by proof of insurance cover to port of destination) endorsed “freight paid”;

1.5.17 “these terms and conditions” means this document;

1.5.18 “the OHSA” the Occupational Health and Safety Act, No. 85 of 1993, as amended;

1.5.19 “the CPA” – the Consumer Protection Act, 68 of 2008, as amended;

1.5.20 “the NCA” – the National Credit Act, 34 of 2005, as amended;

1.5.21 “business day” any day of the week excluding Saturday, Sundays and public holidays.

 

2. QUOTATIONS

2.1 Where the supplier supplies a quotation, no contract between the parties shall exist until acceptance of the quotation by the customer

is received in writing by the supplier, together with an official purchase order and number of the customer, unless circumstances exist which call for the immediate commencement with the works, in which event the parties shall attempt to conclude the contract as soon as is possible

under the circumstances. For the sake of clarity, it is recorded that where a contract exists between the supplier and the customer the

terms of such a contract shall prevail over the terms of the quotation, unless otherwise agreed in writing.

2.2 If the customer purports to accept any quotation subject to any qualification or to any terms other than those contained in this

document and in the quotation, no contract shall come into existence and the supplier shall not be bound until it expressly binds itself

in writing to those terms.

2.3 Any drawings or information supplied with a quotation or in terms of a contract shall not be transmitted or communicated to any

person, whether natural or juristic, who is not subject to the provisions of this document, without the supplier’s prior written authority.

Ownership of all plans, diagrams and patterns shall remain vested in the supplier and no copies of such shall be made without the

supplier’s prior written consent.

2.4 Unless otherwise stated in a quotation or contract, data such as dates, dimensions, weights, capacities, calculations and quantities

specified in a bill of quantities accompanying the quotation or forming part of the contract shall be approximate guides only and

unless the correctness of such data is expressly guaranteed by the supplier, such data shall not give rise to any claim or action

against the supplier. In the event of actual quantities of goods used by the supplier, or the extent of the services required, exceeding

any amounts specified in any quotation, contract or bill of quantities, the customer shall pay any additional costs arising out of the use

of such extra goods or services.

2.5 The supplier reserves the right to make any reasonable changes to the design or form of any goods ordered provided that the stated

performance, quality and specification of the goods remain unaffected.

2.6 A quotation provided by the supplier to a customer shall remain valid, and unless withdrawn prior to acceptance, shall be capable of

acceptance within the period stated therein, or where no period is stated, for a period of thirty (30) days as calculated from the date of

the quotation.

2.7 The acceptance of any quotation must be accompanied by sufficient information in writing to enable the supplier to proceed with the

execution of the order forthwith, failing which the supplier shall be entitled to amend the quoted process to cover any increases in cost

incurred as a result of such delay.

2.8 Where a quotation has been given for the sale of goods “ex-stock” and if an order is subsequently received for such goods, there will

be no obligation on the supplier to supply such goods if prior to the placing of the order on the supplier, the supplier has sold such

goods to a third party.

2.9 Unless otherwise stated, quotation and budget prices are estimates only and shall not bind the supplier.

3. LIMIT OF CONTRACT

The supplier shall only be obliged to supply the goods and/or services as are specifically quoted for and accepted by the customer.

4. PACKING

Unless otherwise specified, all prices contained in a quotation shall include packing in accordance with the standard practice of the

supplier.

5. DELIVERY AND CLAIMS IN RESPECT OF GOODS DELIVERED

5.1. Unless otherwise specified in writing by TRADE-DECK LEDLIGHTING, Delivery of all Goods is regulated by the Incoterms 2020®, and will take place Ex Works (EXW). For purposes hereof “Delivery/Deliveries” shall mean making the Goods available at the premises concerned for collection by CUSTOMER on an EXW basis, alternatively delivery thereof by TRADE-DECK LEDLIGHTING to an agreed address, if so specified in the Acknowledgement. Unless otherwise specified in the Acknowledgement, the place of Delivery shall be at TRADE-DECK LEDLIGHTING’s registered office being 232 Jochem Street Rietvalleirand, Pretoria, Gauteng Province.

5.2. Delivery dates and/or schedules shall be calculated from the later of the following: 1) the date on which TRADE-DECK LEDLIGHTING issued the acknowledgement in respect of the Order or 2) the date on which TRADE-DECK LEDLIGHTING received all the necessary information and/or advance payment required, from CUSTOMER. Goods Delivery dates and/or schedules are estimates only and any delays shall not entitle CUSTOMER to cancel or suspend the Contract nor to compensation for delay.

5.3. The Goods are packed according to TRADE-DECK LEDLIGHTING’s standards, unless otherwise agreed in the Contract. The Goods may be disassembled for packing and shipping convenience. TRADE-DECK LEDLIGHTING may deliver the Goods in one or more consignments.

5.4. If CUSTOMER is prevented from taking or accepting Delivery on the specified Delivery date as mentioned in the Acknowledgment, CUSTOMER shall nevertheless pay the agreed price as if the Delivery had taken place. Where Delivery is EXW, storage costs shall be charged to CUSTOMER should it fail to take Delivery on the specified date of Delivery. CUSTOMER bears all risks of loss of or damage to the Goods from the date the Goods have been Delivered at the place of Delivery or at place of storage, as the case may be.

5.5. Absent notification of a complaint Delivered to TRADE-DECK LEDLIGHTING by hand, by registered mail or via email (with return receipt proving delivery) within ten (10) business days following the date of Delivery and/ or the date of the first performance of the Services, CUSTOMER shall be deemed to have accepted the Goods and/ or Services in good condition and without reservation.

5.6. Ownership of and title in and to the Goods shall remain with TRADE-DECK LEDLIGHTING until the payment of the price of such Goods has been made to TRADE-DECK LEDLIGHTING in full. CUSTOMER undertakes that it will not, without TRADE-DECK LEDLIGHTING’s express prior written consent, dispossess itself or otherwise pledge or permit any third party to establish any lien, hypothec or other proprietary or security interest in or over the Goods before CUSTOMER has paid the price of the Goods to TRADE-DECK LEDLIGHTING in full, including all costs and all amounts due under any indemnities. As of the date of Delivery, CUSTOMER shall be responsible for arranging (at its own cost) appropriate insurance cover in respect of all risks of damage to or destruction of the Goods or any Goods loss.

6. PRICES, PAYMENTS, CREDIT LIMITS AND FINANCIAL CIRCUMSTANCES

6.1. Unless otherwise stated in the Contract, the prices are quoted for the Goods in the Offer are exclusive of Value Added Tax (VAT ) and dominated in South African Rand (ZAR) or (where applicable) in local currency of the CUSTOMER but do not include any other taxes, duties or other levies applicable to the Goods.

6.2. All transportation costs, including incidental travel and attendance, as well as any costs related to insurance and any specific tests which may be requested by CUSTOMER, shall be for CUSTOMER’s account and CUSTOMER indemnifies TRADE-DECK LEDLIGHTING against same.

6.3. Prices are firm during the validity term of the Offer only.

6.4. Payment shall be made at TRADE-DECK LEDLIGHTING’s registered office in South Africa, net and without discount, deduction or set-off, into one of TRADE-DECK LEDLIGHTING’s South African bank accounts mentioned on the invoice concerned. Should Delivery be made or invoices be payable against a delivery of a Letter of Credit or other irrevocable documentary credit, the same must be opened prior to TRADE-DECK LEDLIGHTING’s Order Acknowledgment and confirmed by a reputable bank, accepted by TRADE-DECK LEDLIGHTING in writing. If Deliveries are to be made in instalments, the price of each instalment will be separately invoiced and shall be paid by CUSTOMER to TRADE-DECK LEDLIGHTING on the due date therefor as specified in these Terms. Once the amount indicated on the invoice concerned is credited to TRADE-DECK LEDLIGHTING’s bank account, the invoice shall be regarded as having been paid by CUSTOMER.

6.5. Any disagreement regarding an invoice must be notified to TRADE-DECK LEDLIGHTING in writing within five (7) business days from the date on which the invoice concerned was sent by TRADE-DECK LEDLIGHTING. Absent such notification, invoices shall be deemed to have been accepted by CUSTOMER. TRADE-DECK LEDLIGHTING’s agents and salesmen are not authorized to collect any payments.

6.6. Unless otherwise agreed in writing, where a credit facility has not been approved by TRADE-DECK LEDLIGHTING or CUSTOMER has not applied for a credit facility, 100% of the total price shall be paid prior to manufacturing and shipping of the Goods ordered. Delivery of Goods ordered shall not be made pending payment in full of the price of the Goods concerned. Where a credit facility has been approved by TRADE-DECK LEDLIGHTING, all invoices must be paid within thirty (30) calendar days following the invoice date. If the invoice is not so paid on its said due date, a) TRADE-DECK LEDLIGHTING may, in addition to any other rights and remedies under applicable laws, charge interest at the rate of 5% per month on the outstanding balance; and b) TRADE-DECK LEDLIGHTING will comply with the provisions of Chapter 1, Chapter 2, Chapter 3 (sections 54 and 59), Chapter 4 (Parts A and B), Chapter 5 (Parts D and E), Chapter 6 (Parts A and C) of the National Credit Act No 34 of 2005 (“NCA“) to the extent that they are applicable to the transaction. If CUSTOMER is not a juristic person and the NCA is applicable to the transaction, TRADE-DECK LEDLIGHTING will in addition also comply with Part D of Chapter 4 and Part C of Chapter 5 of the NCA will also apply. Unless the NCA (to the extent that it applies) provides otherwise, CUSTOMER shall be liable for all legal costs including costs on the scale as between attorney and own client as well as collection charges, tracing costs and all other costs, to the extent permitted by law, incurred by TRADE-DECK LEDLIGHTING for the recovery of due and unpaid invoices.

6.7. Without prejudice to any other rights and remedies which TRADE-DECK LEDLIGHTING may have, non-payment of any overdue invoice entitles TRADE-DECK LEDLIGHTING amongst other measures to and on notice to CUSTOMER: (1) claim immediate payment of all other outstanding amounts and/or invoices; (2) suspend all ongoing Orders and Deliveries until such time as the amount due shall have been paid in full, including interest, costs and all amounts due under any indemnities; (3) re-take or re-claim possession of the delivered Goods at CUSTOMER’s costs; (4) require financial guarantees or new payment terms for fresh Orders; (5) suspend or terminate any ongoing Services and/ or (6) terminate the Contract and claim and recover such damages as TRADE-DECK LEDLIGHTING may have suffered. Any advance or down payments, whatever their value, shall be forfeited to TRADE-DECK LEDLIGHTING by way of Rouwkoop.

6.8. In the event of any sale or transfer by CUSTOMER

in whatsoever manner of all or the greater part of CUSTOMER’s business assets, all outstanding amounts due to TRADE-DECK LEDLIGHTING shall become immediately due, notwithstanding any previous agreement.

Mutual debts may not be set off otherwise than by prior written consent of TRADE-DECK LEDLIGHTING. Should CUSTOMER’s financial situation have deteriorated (whether involving a creditors’ voluntary arrangement or otherwise and more generally any modification of its financial situation) or should CUSTOMER’s board of directors resolve that CUSTOMER voluntarily begins business rescue proceedings and/or be placed under supervision business rescue, CUSTOMER is placed under provisional or final liquidation or sequestration, CUSTOMER is (or is deemed by any authority or legislation to be) financially distressed, as contemplated in section 128 (1) of the Companies Act number 71 of 2008, or the value of CUSTOMER’s assets is less than its liabilities, CUSTOMER commits an act of insolvency in terms of Section 8 of the Insolvency Act, No 24 of 1936 or commits an act which would have constituted such an act of insolvency if it had been a natural person, CUSTOMER suffers seizure of all or part of CUSTOMER’s assets or protest of bills , then and in that event TRADE-DECK LEDLIGHTING shall be entitled to require additional financial guarantees from CUSTOMER for the fulfilment of its obligations or to modify payment terms or to suspend Delivery of Goods until the same have been agreed and implemented, alternatively to terminate the Contract by written notice to CUSTOMER, without prejudice to TRADE-DECK LEDLIGHTING’s rights and without compensation to CUSTOMER.

7. OWNERSHIP

7.1 The ownership in all goods sold, delivered or in any other way made available to the customer by the supplier shall remain vested in

the supplier until the customer has made full payment of the contract price for such goods.

7.2 The supplier shall have the right at any time to give notice of its continued ownership in the goods to every possessor and every

landlord of premises in or on which the goods are stored or may be placed or installed, whether for sale, repair, assembly or

otherwise.

PLEASE TAKE NOTE:

7.3 Without prejudice to any of its rights in terms of this document or the law, the supplier reserves the right to repossess

goods in the event of the customer failing to make any payment on due date or at all.

7.4 Payment will only be acknowledged when the relevant deposit is acknowledged by the supplier’s bankers as having been deposited

into the supplier’s bank account by the supplier or the customer.

7.5 It is the responsibility of the customer to ensure that payments are either deposited directly into the supplier’s bank account

(supported by adequate detail to identify the deposit) by due date or received at the supplier’s domicilium citandi et executandi or

physical address as identified in clause 24.1 of this documents in time for the supplier to bank the monies into the supplier’s bank

account by due date.

7.6 The customer is obliged to advise the supplier in writing of any change in ownership or control of the customer including the sale of

the customer’s business or any part thereof, failing which the customer indemnifies and holds the supplier harmless for any loss,

damage claim or expense that the supplier may incur as a result of any change of ownership or control, including but not limited to,

any loss sustained by the supplier as a result of continuing the grant of credit facilities. It was specifically recorded that the intention of

the supplier is not to continue to grant credit facilities in the event of a change of ownership or control of the customer.

8. RISK

8.1 The risk in the goods or any portion of the works shall pass from the supplier to the customer upon delivery, or deemed delivery in

accordance with clause 5.7, of the goods or relevant portions of the works to the customer or its agent.

8.2 In the event of any goods being repossessed by the supplier, the customer shall be liable for any damage sustained to the goods,

from the time the goods were delivered by the supplier to the customer until such time the goods were repossessed by the supplier.

9. LIABILITY FOR DELAY AND EXTENSIONS

Any times quoted for delivery are dependent upon receiving of all necessary information to enable the supplier to commence work

and to proceed therewith without interruption. Whenever any delay is caused by any instructions, or the lack thereof, by the customer,

or as a result of industrial dispute or force majeure or any other cause whatsoever beyond the reasonable control of the supplier, the

time for delivery shall be extended by a reasonable period in the circumstances.

10. PERFORMANCE, INSPECTION AND TESTS

10.1 Any performance figures given by the supplier are based upon the supplier’s experience and are such as the supplier expects to

obtain on testing at its premises. The supplier accepts no liability for damage or failure to attain such figures unless specifically

guaranteed performance figures subject to the recognized tolerance applicable to such figures have been given, in which event the

supplier’s liability shall be limited to the amount specifically so agreed with the customer prior to the acceptance of the order. The

customer bears the sole responsibility should the performance of the works that were supplied be in accordance with the customer’s

specification and requirements but is nevertheless found not to be performing in accordance with what is required there from.

10.2 The supplier’s works are carefully inspected and, where practicable, submitted to standard tests at the supplier’s factories and/or

warehouses before dispatch. If tests other than those specified in the quotation or tests in the presence of the customer’s

representatives are required, these will be charged for in accordance with the supplier’s standard tariffs then in force. In the event of

any delay on the part of the customer to attend such tests after three (3) days’ notice in advance of the tests being concluded, the

tests will proceed in the absence of the customer and shall be deemed to have been made in its presence.

11. WARRANTY

11.1 TRADE-DECK LEDLIGHTING warrants that the Goods conform in all material respects with their description and any applicable TRADE-DECK LEDLIGHTING specifications. The general warranty set out in

11.2 below shall apply to all Goods sold to CUSTOMER. Specific warranties applicable to certain individual TRADE-DECK LEDLIGHTING Goods shall prevail over this general warranty if conflicting therewith.

11.3 TRADE-DECK LEDLIGHTING undertakes for a period of twelve (12) calendar months from the date of Delivery or from date Goods are Delivered to place of storage where CUSTOMER fails to take Delivery of its Goods (“Warranty Period”) that it will at its sole discretion repair or replace, at TRADE-DECK LEDLIGHTING’s premises or elsewhere if stated in writing, any Product supplied by TRADE-DECK LEDLIGHTING (and paid for by CUSTOMER) which is defective due to the defective material supplied by TRADE-DECK LEDLIGHTING, provided that CUSTOMER complies with the following conditions: (1) CUSTOMER shall duly notify TRADE-DECK LEDLIGHTING in writing within thirty (15) calendar days after CUSTOMER detected or should have detected the defect but in any event before expiration of the Warranty Period of such defect; and (2) CUSTOMER shall bear any and all shipping, disassembly, reassembly and other costs of any kind; and (3) CUSTOMER satisfies TRADE-DECK LEDLIGHTING that the Goods concerned have not been subject to abnormal or unusual use, abuse, willful damage or negligence, were not used for a purpose which was not stipulated by CUSTOMER in the Order and that the Goods concerned have been exposed only to normal wear and tear; and (4) CUSTOMER has not carried out or made any repairs, replacements, adjustments or alterations on or to the Goods concerned (nor had same done by any third party) without TRADE-DECK LEDLIGHTING’s express prior written agreement; and (5) CUSTOMER has installed or procured the installation of the Goods strictly in accordance with instructions supplied by TRADE-DECK LEDLIGHTING AND/OR THE MANUFACTURER  for that purpose and the defect or fault has not been caused by the careless or incorrect installation or maintenance of the Goods concerned by CUSTOMER or any third parties – should CUSTOMER assemble the control gear pertaining to the Goods itself, CUSTOMER bears exclusive and full responsibility for any and all electrical problems that may arise; and (6) CUSTOMER has not continued the use (or permitted the continued use) of the Goods concerned after having notified TRADE-DECK LEDLIGHTING of the defect.

11.4. The replaced Goods or parts shall become TRADE-DECK LEDLIGHTING’s property and, if repairs or replacements take place at CUSTOMER’s installation, such Goods or parts shall be returned to TRADE-DECK LEDLIGHTING at TRADE-DECK LEDLIGHTING’s request within one month of replacement on the basis that carriage will be paid by TRADE-DECK LEDLIGHTING.

11.5. This general warranty does not apply to damage or malfunctions in Goods delivered by TRADE-DECK LEDLIGHTING which are caused by: (1) a failure in performance, any structural defect or any functional deficiency where CUSTOMER designs and TRADE-DECK LEDLIGHTING has complied in full with CUSTOMER’s written briefs, drawings or designs (“Specifications”) for the Goods to be supplied by TRADE-DECK LEDLIGHTING, which Specifications subsequently are found to be inadequate, incomplete, defective or containing design errors; or (2) electrical surges or other variations in the electrical supply, or the supply of electricity at a level which exceeds the maximum recommended power supply to enable the Goods to perform safely and properly; or (3) corrosion due to an abnormal environment or to chemical or other elements extraneous to the manufacturing process (eg: salt) or other natural hazard; or (4) failure due to Lightning Strikes, surges, poor quality of supply, natural disasters, loss of supply neutral ,existing unstable/faulty electrical supply, tampering with installation, additions or alterations, non certified (CoC) installations.. The warranty shall apply to the replaced Product(s) or part(s) thereof until expiry of the remaining duration of the Warranty Period.

11.6. LED luminaires shall not be considered defective solely as a result of the failure of individual LED components if the number of inoperable components is less than 10% of the total number of LED components in the LED luminaire.

11.7. The general warranty is not applicable to Services provided by TRADE-DECK LEDLIGHTING. Specific warranties for Services provided by TRADE-DECK LEDLIGHTING shall be applicable.

11.8 The warranties contained in this clause 11 are the sole and entire warranties applicable to the goods and no other

warranties, express or implied by conduct or common law, shall apply.

12. LIMITATION OF LIABILITY

To the extent permitted by law and save as explicitly provided in these Terms:

(1) TRADE-DECK LEDLIGHTING shall not be liable to CUSTOMER or any other person for any loss of profits or for any claim for damages, direct, indirect, incidental, special, consequential or otherwise, arising out of any cause whatsoever, sustained by CUSTOMER or by any third party by reason of the Goods and Services, or use thereof or any defect therein or by reason of any act or omission by TRADE-DECK LEDLIGHTING in regard thereto, or arising out of any advice given or service rendered by TRADE-DECK LEDLIGHTING, whether such loss, claims or damages arise out of the Contract or any warranty given by TRADE-DECK LEDLIGHTING or out of delict, TRADE-DECK LEDLIGHTING accepting no liability in respect of the Goods whatsoever.

(2) CUSTOMER indemnifies and holds harmless TRADE-DECK LEDLIGHTING against any claim for loss of profits or for any claim for any damages or for any personal injury, direct, indirect, incidental, special, consequential or otherwise, arising out of any cause whatsoever, sustained by CUSTOMER or any third party in respect of or in connection with the Goods, use thereof or any advice given.

(3) TRADE-DECK LEDLIGHTING’s aggregate and cumulative liability towards CUSTOMER, if any, shall not exceed an amount of ten per cent (10%) of the value of the Goods sold to CUSTOMER, which in any case shall not exceed an aggregate amount of R 1 500 000 (one million and five hundred thousand Rand) and for Services ten per cent (10%) of fees paid by CUSTOMER under the Contract for twelve (12) months preceding the claim (calculated proportionally where fees have been paid over a longer period) or for the first twelve (12) months in case the claim occurs in the first year.

13. SUSPENSION AND TERMINATION

13.1. Suspension:

13.1.1. Force Majeure: Upon due notice to CUSTOMER in writing, TRADE-DECK LEDLIGHTING may suspend performance of its obligations under the Contract in the event of occurrences beyond its control and for which it is not responsible including but not limited to fires, storms, earthquakes, national or local government law, decree or regulation, strikes or other industrial actions, acts of war, insurrection, or national emergency, lockdowns due to viral infections, roads being impassable, unavailability of transport, general lack of supplies, interruption of power supplies, or any other event that can be qualified as event of force majeure. If an event of force majeure prevents fulfilment by TRADE-DECK LEDLIGHTING of CUSTOMER’s Order and lasts for three consecutive calendar months, or for a total of three months in a period of six calendar months, either TRADE-DECK LEDLIGHTING or CUSTOMER shall be entitled to cancel all or part of the Contract without any obligation whatsoever to the other Party.

13.1.2. Import/Export controls & Sanction(s) or embargo(es): (1) Neither party shall export, re-export or otherwise transfer any Goods, materials commodities, software, or technology that have been supplied under or are otherwise in connection with performance of the Contract, including after further processing by CUSTOMER or incorporation into another item (individually and collectively, “Technology”) inconsistent with any requirement of the Export Administration Regulations (EAR), the International Traffic in Arms Regulation (ITAR), or legal measures administered by the U.S. Treasury Department, Office of Foreign Assets Control Regulations, or the laws or regulations of the European Union or its member states, or of the United States and (as applicable) the exporting country outside the United States. CUSTOMER shall comply with restrictions on certain transactions of TRADE-DECK LEDLIGHTING which are subject to export control laws and regulations prohibiting export or diversion of products and technology to certain countries. Should delivery of Goods or Services be subject to an export or import license or be restricted or prohibited due to export/import control regulations, TRADE-DECK LEDLIGHTING shall be entitled to suspend its obligations until such license is granted or until such restrictions or prohibitions shall be revoked. In addition TRADE-DECK LEDLIGHTING shall be entitled to immediately cancel any Order without incurring any liability towards CUSTOMER. (2) CUSTOMER represents and warrants that it is not subject to any immunity, sanction(s) or embargo(es) which would prevent TRADE-DECK LEDLIGHTING to enter into, pursue or enforce the contractual relationship between them. Should CUSTOMER be or become subject to such immunity, sanction(s) or embargo(es), TRADE-DECK LEDLIGHTING shall be entitled to suspend or terminate the contractual relationship forthwith without any notice or indemnification by TRADE-DECK LEDLIGHTING. In such case, CUSTOMER shall be responsible for and indemnify TRADE-DECK LEDLIGHTING against any damages, claims, penalties or other losses that may be asserted against or incurred by TRADE-DECK LEDLIGHTING as a result thereof.

13.2. Termination: Without prejudice to any rights or remedies which TRADE-DECK LEDLIGHTING may have, TRADE-DECK LEDLIGHTING may, by written notice to CUSTOMER, terminate with immediate effect any Contract or other contractual relationship with CUSTOMER, or any part thereof without any liability for TRADE-DECK LEDLIGHTING whatsoever, if (a) CUSTOMER breaches any of the provisions of the Contract (including these Terms) and fails to remedy such breach within seven calendar days from being requested by or on behalf of TRADE-DECK LEDLIGHTING to do so; (b) CUSTOMER’s board of directors resolve that CUSTOMER voluntarily begins business rescue proceedings and/or be placed under supervision business rescue, CUSTOMER is placed under provisional or final liquidation or sequestration, CUSTOMER is (or is deemed by any authority or legislation to be) financially distressed, as contemplated in section 128 (1) of the Companies Act number 71 of 2008, or the value of CUSTOMER’s assets is less than its liabilities, CUSTOMER commits an act of insolvency in terms of Section 8 of the Insolvency Act, No 24 of 1936 or commits an act which would have constituted such an act of insolvency if it had been a natural person, CUSTOMER suffers seizure of all or part of CUSTOMER’s assets, or any assignment is made for the benefit of creditors of CUSTOMER; (c) The control or ownership of CUSTOMER changes. Upon occurrence of any of the events referred above, all payments to be made by CUSTOMER to TRADE-DECK LEDLIGHTING shall (to the extent permissible by law) become immediately due and payable.

14. GENERAL PROVISIONS

14.1. References:

CUSTOMER grants TRADE-DECK LEDLIGHTING the right to inform third parties that TRADE-DECK LEDLIGHTING provides or has provided Goods to CUSTOMER. In consequence thereof, TRADE-DECK LEDLIGHTING shall be entitled to use CUSTOMER’s commercial name(s) or brand(s) or logo(s) in a fair and reasonable manner for TRADE-DECK LEDLIGHTING’s self-promotion and advertising, to refer thereto or to take pictures of the installed Goods for TRADE-DECK LEDLIGHTING’s self-promotion and advertising.

14.2. Advertising, description plans and documents, samples:

Information relating to TRADE-DECK LEDLIGHTING’s Goods advertised, displayed or contained in TRADE-DECK LEDLIGHTING’s catalogues, prospectuses, promotional documents, notices, price lists or websites is given for illustrative purposes only and shall not be binding on TRADE-DECK LEDLIGHTING.

To the extent permitted by law, samples of Goods will only be shown to CUSTOMER for information purposes and shall not have any contractual or binding nature on TRADE-DECK LEDLIGHTING, even if the CUSTOMER has referred to these in his Order or in any other document. 

15. ANTI-BRIBERY:

CUSTOMER agrees that it shall comply with all applicable laws on prevention of bribery and corruption. CUSTOMER’s failure to comply with any anti-bribery legislation is a ground for immediate termination of the contractual relationship by TRADE-DECK LEDLIGHTING without TRADE-DECK LEDLIGHTING incurring any liability towards CUSTOMER whatsoever. In such case, CUSTOMER shall be responsible for and indemnify TRADE-DECK LEDLIGHTING for any damages, claims, penalties or other losses that may be asserted against or incurred by TRADE-DECK LEDLIGHTING.

16. RETENTIONS

No retentions shall apply to any contract unless specifically agreed between the parties in writing and the customer shall under no

circumstances are entitled to retain any portions of the contract price.

17. GENERAL PRICE VARIATION

17.1 Any price quoted is subject to adjustment in accordance with the provisions of this clause.

17.2 Unless otherwise stated in the supplier’s quotation or the contract the amount of all duties, taxes or other charges applicable to the

works shall be borne by the customer.

17.3 Quoted prices are based on the cost of material, transport, exchange rates and labour ruling at the date of the supplier’s quotation

and, unless otherwise stated, if between that date and the date of delivery variations occur in these costs, then quoted prices shall be

amended to provide for these variations, the detail of which will be written into the supplier’s quotation or the contract. Such variations

shall be calculated in accordance with the following formula.

In which the symbols have the following meaning:

P = Final contract price; Pq = quoted price;

l = specified percentage of the quoted price representing proportion to be adjusted on the basis of the percentage increase

or decrease in the SEIFSA index of labour cost;

Lq = SEIFSA Index of Labour Cost at the date of tender.

Ld – 2 = SEIFSA Index of Labour Cost at a date two months prior to the date when the goods are ready for despatch;

m = specified percentage of the quoted price representing proportion to be adjusted on the basis of the percentage increase

or decrease in the relevant price index and/or price of materials;

Mq = SEIFSA index of mechanical and/or electrical engineering materials and/or price of materials at the date of tender;

Md – 2 = SEIFSA index of mechanical and/or electrical engineering materials and/or price of materials at a date two months prior

to the date when the goods are ready for dispatch. This includes substantiated re- or devaluation of international

currencies.

18. COST CONTAINMENT

18.1 In order to assist the customer and to contain the cost of any imported goods to be supplied in terms hereof, the supplier is prepared to arrange forward cover on the customer’s behalf.

18.2 Should the customer wish to avail itself of this benefit, it shall indicate to that effect in writing at the time of acceptance of the

supplier’s quotation.

18.3 In the event of a customer availing itself of this benefit, the supplier undertakes to provide a forward cover rate for indication purposes

only which is inserted in the relevant forward cover section of the quotation.

18.4 On being informed by the customer that it wishes to avail itself of this benefit, the supplier undertakes to enter into a forward

exchange contract for the benefit of the customer within 4 (four) business days from the customer accepting the quotation. The rate of

exchange per the actual forward exchange contract will be confirmed to the customer in writing by fax, post or any other form of

communication as soon as it is known.

18.5 The supplier shall invoice the customer at the rate of exchange confirmed to the customer as per clause 18.4 above.

18.6 The parties record that nothing in this clause contained shall impose any obligations on the supplier should forward cover not be

available to the supplier for any reason whatsoever. Furthermore any obligation of the supplier shall be subject to the exigencies

pertaining to the procurement of forward cover on a normal commercial basis from time to time and the parties specifically record that

such cover is presently only available for a maximum period of 12 (twelve) months.

18.7 In the event that the customer elects not to arrange the forward cover as referred to in this clause 18, then the supplier shall be

Entitled to recover from the customer the difference between the quoted prices of any imported goods, and the prices that are paid by

The supplier to whomever such goods were sourced from.

19. PENALTIES

19.1 The supplier shall not be liable for the payment of penalties unless specifically so agreed between the parties in writing.

19.2 Where penalties are agreed between the parties, the amount of penalties shall be calculated on the value of the outstanding portion

Of the works only.

20. LAW TO APPLY

This agreement shall be governed by and construed in accordance with South African law.

21. BREACHES

21.1 This agreement shall be deemed to be breached by any party if that party is placed into liquidation in terms of the Insolvency Laws

Operating in the Republic of South Africa, or in the case of any judicial management of that party or compromise by that party with its

Creditors, and may under such circumstances immediately be terminated by the one party by registered letter sent to the other party

informing it of the termination of the agreement.

21.2 Should either party commit a breach of any provision of this agreement and fail to remedy such breach within 14 (fourteen) days of

receiving written notice from the other party requiring it to do so, then the party aggrieved by such breach shall be entitled, without

prejudice to its other rights at law, to claim specific performance of all the defaulting party’s obligations, whether or not such

obligations would otherwise have fallen due for performance or to claim cancellation of this contract, in either event without prejudice

to its right to claim damages, and who shall be entitled to claim payment of any legal costs incurred from the other party on an

attorney and client scale.

 

22. FORCE MAJEURE

22.1 Neither party will be liable to the other for any failure, delay or default in the performance of its obligations under this agreement, if

and to the extent that such failure, delay or default is caused by vis major including, (without detracting from any other events covered

by the rules and principles relating to vis major), casus fortuitus, acts of God, strikes, lock-out, fire, riot, flood, drought, state of

emergency), inability to secure power or materials or supplies, embargoes, export control, international restrictions, shortage of

transport facilities, any order of any international authority, and any requirements of any authority or other competent local authority, war

(whether declared or not), civil disturbance, any circumstances beyond its reasonable control, Court order, or failures, shortages,

interruptions or fluctuations in electrical power, water supply or communications (collectively, “Circumstances of Vis Major”).

22.2 On the occurrence of any Circumstances of Vis Major, the party disabled thereby shall;

22.2.1 as soon as reasonably possible, notify the other party thereof by whichever means available and if possible thereafter, confirm

the notification in writing;

22.2.2 be released from further performance or observance of its obligations so affected for so long as such Circumstances of Vis Major

prevail;

22.2.3 continue to endeavour to re-commence performance or observance whenever and to whatever extent reasonably possible without

delay; and

22.2.4 co-operate with the other party in implementing such contingency measures as the other party may reasonably require, until the

Circumstances of Vis Major cease.

22.3 Should the Circumstances of Vis Major continue or be likely to continue for any unreasonable long time, having regard to the nature

of the affected obligation or obligations and the surrounding circumstances, then either party shall be entitled to terminate this

agreement by giving written notice to the other party to that effect, subject to any other provisions contained in this agreement dealing

with rights and obligations arising from termination, including but not limited to the payment of cancellation fees.

23. DISPUTE RESOLUTION

23.1 Subject to 23.12, if any dispute arises out of or in connection with this agreement, or related thereto, whether directly or indirectly, the

parties must refer the dispute for resolution firstly by way of negotiation and in the event of that failing, by way of mediation and in the

event of that failing, by way of arbitration. The reference to negotiation and mediation is a precondition to the parties having the

dispute resolved by arbitration.

23.2 Without derogation from the meaning of the word “dispute”, which word shall be interpreted widely, it shall be regarded as a dispute

for the purpose of this clause if one party addresses to the other party any notice in terms of this agreement or dealing with any

matter related, directly or indirectly, to this agreement including its alleged breach, cancellation or termination which notice calls either

for remedy of any breach or for a response to that notice and, after the lapse of time specified in this agreement for remedy or

response, (or, in the absence of any such specified time, a period of 7 (seven) days from the date of receipt of the notice, the party

which gave the notice alleges that no or inadequate remedy has occurred or that no or inadequate response has been received. A

dispute within the meaning of this clause exists once one party notifies the other in writing of the nature of the dispute and requires

the resolution of the dispute in terms of this clause.

23.3 Within 10 (ten) business days following such notification, the parties shall seek an amicable resolution to such dispute by referring

such dispute to designated representatives of each of the parties for their negotiation and resolution of the dispute. The

representatives shall be authorised to resolve the dispute.

23.4 In the event of the negotiation between the designated representatives not resulting in an agreement signed by the parties resolving

the dispute within 15 (fifteen) business days, the parties must refer the dispute for resolution by way of mediation in accordance with

the rules of the Arbitration Foundation of Southern Africa (“AFSA”).

23.5 In the event of the mediation envisaged in 23.4 failing in terms of the rules of AFSA, the matter must, within 15 (fifteen) business

days, be referred to arbitration as envisaged in the clauses below. Such arbitration will be final and binding and will not be subject to

an appeal unless the parties expressly agree otherwise.

23.6 The periods for negotiation or mediation may be shortened or lengthened by written agreement between the parties.

23.7 Each party agrees that the arbitration will be held as an expedited arbitration in Sandton in accordance with the then current rules for

expedited arbitration of AFSA by 1 (one) arbitrator appointed by agreement between the parties. If the parties cannot agree on the

arbitrator within a period of 10 (ten) business days after the referral of the dispute to arbitration, the arbitrator and, if applicable the

appeal arbitrators, shall be appointed by the Secretariat of AFSA.

23.8 Unless specifically otherwise agreed in writing, the arbitration proceedings, including the outcome thereof, will be done on the basis

that it is confidential between the parties and will not be made public.

23.9 The provisions of this clause 23 shall not preclude any party from access to an appropriate court of law for interim relief in respect of

urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process for which purpose the

parties irrevocably submit to the jurisdiction of a division of the High Court of the Republic of South Africa.

23.10 The references to AFSA shall include its successor or body nominated in writing by it in its stead.

23.11 This clause is a separate, divisible agreement from the rest of this agreement and shall remain in effect even if the agreement

terminates, is nullified or cancelled for whatsoever reason or cause.

23.12 Notwithstanding the foregoing provisions of this 23, where the dispute solely revolves around the payment of outstanding moneys

allegedly due and owing to the supplier of goods delivered or services performed, such dispute may, at the sole discretion of the

supplier and subject to the preceding processes of negotiation and mediation referred to in 23.1, be dealt with through courts having

jurisdiction.

23.13 The provisions of this clause 23 shall not detract from, and shall be subject to, the customer’s rights in terms of section 69 of the CPA

to enforce any rights through the mechanisms created by the CPA.

24. DOMICILIUM

24.1 The parties choose as domicilium citandi et executandi and for the delivery of all notices arising out of this agreement or its

termination or cancellation, the addresses set out below:

24.1.1 the supplier at the physical address that appears on the supplier’s official letterheads and/or statements;

24.1.2 the customer at the physical address specified in the application for credit facilities or any contract concluded between the parties.

24.2 Either party shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address within the

Republic of South Africa which is not a post office box or poste restante.

24.3 Any notice given and any payment made by any party to any other (“the addressee”) which:

24.3.1 is delivered by hand during normal business hours of the addressee at the addressee’s domicilium shall be deemed, until the

contrary is proved by the addressee, to have been received by the addressee at the time of delivery;

24.3.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee’s

domicilium shall be deemed, until the contrary is proved by the addressee, to have been received on the seventh day after the

date of posting;

24.3.3 is sent by facsimile machine shall be deemed, until the contrary is proved by the addressee, to have been received within 1 (one)

hour of transmission where it is transmitted during business hours of the receiving instrument and at noon on the following

business day (excluding Saturdays) where it is transmitted outside such business hours.

24.4 No provision of this domicilium clause shall be taken as affecting the validity of any notice which is actually received by any party,

whether at

Its domicilium or not and whether delivered in terms of the express provisions of this domicilium clause or not and any notice which is

actually received by any party shall be deemed to be notice validly given.

25. CANCELLATION OF ORDERS

Notwithstanding anything contained in this agreement, where the customer seeks to cancel any order placed on the supplier for any

reason whatsoever, excluding breach of the agreement on the part of the supplier, then, subject to the supplier agreeing to such

cancellation in writing, the customer shall be liable towards the supplier for a cancellation fee equivalent to the higher of 15% (fifteen

percent) of the value of the cancelled order or the actual cost incurred by the supplier in the procurement of materials and/or goods as

well as for other expenses necessarily incurred in connection with the execution or planned execution of the order.

26. REQUIRED STANDARDS AND PRINCIPLES OF ETHICAL BUSINESS CONDUCT

26.1 TRADE-DECK LEDLIGHTING, the ultimate holding company of the supplier adheres to the highest levels of lawful, ethical and responsible business conduct and it requires its subsidiaries, as well as suppliers, customers and stakeholders of the TRADE-DECK LEDLIGHTING group, in their interaction with the TRADE-DECK LEDLIGHTING group, to adhere to similar principles.

26.2 The customer is referred to the following documents that can be viewed on TRADE-DECK LEDLIGHTING’s public internet website at www.tradedeck-ledlighting.co.za:

The TRADE-DECK LEDLIGHTING Corporate Compliance Policy

The Code of Ethics for the TRADE-DECK LEDLIGHTING Group

26.3 The customer confirms that it has read and that it understands the above mentioned policies and that it fully subscribes to the

principles of ethical business conduct as are expressly or implicitly dealt with in the said policies. For the sake of clarity, the relevant

principles are summarized as follows:

Fair competition and avoidance of anti-competitive conduct

Integrity in business dealings – no corruption or bribery

Sustainability – no inappropriate risks for human health and the environment

Equal opportunities in securities trading – no insider trader

Proper record keeping and accurate financial reporting – no deception

Respecting the legal rights of others – no infringement of intellectual property rights

No conflicts of interest between business and personal rights

Cooperation with the authorities – no misinformation

Compliance with laws, regulations, rules and standards

Observance of ethical obligations without causing harm other than by fair commercial competitive practices

Not to supply defective or dangerous products

Not to improperly induce or influence someone by the provision of gifts, entertainment or other gratification

To report any events or suspected events of bribery, corruption, improper inducement or influencing, or any other unlawful

conduct.

26.4 The TRADE-DECK LEDLIGHTING group distances itself from any conduct that deviates from the principles referred to in 26.3 above and it reserves its right not to deal with any party whose conduct is contrary to these principles. The supplier hereby reserves the right to terminate this

agreement forthwith in the event that any information comes to its attention which causes it to conclude, in its sole opinion, that in its

conduct towards the supplier in terms of or in connection with this agreement the customer has engaged in an act or omission which

constitutes a material breach or disregard of the above mentioned principles of ethical business conduct. Such information shall be

justified and lawful and shall be capable of giving rise to any damages claims against or any other liability for the supplier.

27. GENERAL

27.1 No alteration of, variation of, or addition to this agreement shall be of any force or effect unless reduced to writing and signed by the

parties or their duly authorized representatives.

27.2 Subject to clause 27.1 above, this document contains the sole and entire record of the agreement between the parties. No party shall

be bound by any express or implied term, representation, warranty, promise or the like not recorded herein or otherwise created by

operation of law.

27.3 No indulgence, leniency or extension of time which either party (“the grantor”) may grant or show to the other, shall in any way

prejudice the grantor or preclude the grantor from exercising any of its rights in the future.

27.4 Neither party may cede its rights or delegate its obligations in terms of this agreement without the prior written approval of the other

party, save that the supplier may cede its rights or delegate its obligations (or both) to any member company of the TRADE-DECK LEDLIGHTING.

27.5 Any person who signs any credit application form or order or document on behalf of the customer warrants that he/she is authorized

thereto by the customer.

27.6 These Standard Terms and Conditions of Sale, Tender and Granting of Credit/Other Account Facilities form part of the application for

credit facilities and the signatory or signatories thereto acknowledge that they have read, agreed and irrevocably accept and

understand the Standard Terms and Conditions of Sale, Tender and Granting of Credit Facilities.

27.7 The supplier shall be required to issue letters of demand and institute legal proceedings as required in terms of its credit insurance

policy and this fact shall be highlighted in all relevant correspondence to the customer or his authorized representative.

27.8 In the event of an order being placed on the official order form of the customer, the customer shall be precluded from denying the

validity of such order, notwithstanding the fact that such order may have been signed by a person not authorized to do so.

27.9 You, the customer, hereby authorize the supplier, subject to the provisions of the NCA and the regulations issued subsequent thereto,

to transmit any details contained in this document (including personal details if applicable), as well as any information relating to your

performance in meeting your obligations in terms of any agreement and/or transaction concluded between you and the supplier, to

any credit bureau registered in terms of the NCA. You furthermore hereby acknowledge and agree that such credit bureau may, in the

normal course of its business, share any such information with any of its customers and other credit providers registered in terms of

the NCA, for the Prescribed Purposes (as defined in terms of the Regulations published in Government Gazette No. 8477, Notice

28864).

28. LIFE SUPPORT POLICY

As a general policy, TRADE-DECK LEDLIGHTING does not recommend the use of any of its products in life support applications where failure or malfunction of the TRADE-DECK LEDLIGHTING product can be reasonably expected to cause failure of the life support device or to significantly affect its safety or effectiveness. TRADE-DECK LEDLIGHTING does not recommend the use of any of its products in direct patient care. TRADE-DECK LEDLIGHTING will not knowingly sell its products for use in such applications unless it receives in writing assurances satisfactory to TRADE-DECK LEDLIGHTING that the risks of injury or damage have been minimized, the customer assumes all such risks, and the Liability of TRADE-DECK LEDLIGHTING is adequately protected under the circumstances.

29. CAUTION

While all care is taken by us to dispatch goods with adequate packaging, TRADE-DECK LEDLIGHTING is not responsible for any damaged caused to products after they have left our premises. Please ensure that your transport company or delivery team is aware of the sensitivity of the products they are collecting.

30. GOODS RETURN POLICY

The following terms apply to returns of items purchased from TRADE-DECK LEDLIGHTING, and we require the following information:

Details of the item(s) you would like to return.

Our invoice number.

The reason for the return.

TRADE-DECK LEDLIGHTING must be notified within 7 days of               your intention to return the goods which were purchased.

All items returned will be inspected prior to refund. If our technicians are not immediately available, the goods will have to be   left with us until such time as a technician is available to check the items.

Proof of purchase is required for all returns.

All returns may be subject to an administration and handling fee of 10% of purchase price plus VAT.

Returns are based on a bring-in basis.

Returns will be refused in the following circumstances:

Where an item has been tampered with, altered or damaged in any way, or

Where a return is deemed unreasonable, this will be referred to management.

40. SEVERABILITY

If a part of the terms and conditions set out above is held invalid, void, or unenforceable due to any particular national or international legislation, it shall not affect other parts of the terms and conditions remaining.