Warranty Policy | Terms & Conditions of Sale |
Anti Slavery Statement | Privacy Notice
Avanti Lighting operates a return to base warranty policy on all products and will not be liable for any return carriage costs incurred. The warranty covers defects in design, materials and workmanship. Should the product fail during the warranty period it will be replaced or repaired free of charge, subject to the above and the return of the faulty unit.
The duration of the standard warranty varies from product to product. Unless otherwise stated it is 12 months from the date of purchase from Avanti Lighting. On some products the standard warranty is stated as 3 or 5 years. In these cases, a year is deemed to be 10 hours operation per day, 7 days a week. Longer running hours per day will proportionately reduce the standard warranty.
The warranty excludes consumable items such as lamps, fuses and batteries. All warranties will be invalid if the product has been found to have been tampered with, installed in an improper working environment including being installed in an area with a higher ambient temperature than 25 ͦC, exposed to unsuitable environmental conditions eg Salt spray, certain cleaning agents, other corrosive substances, abnormal electrical conditions or had the QC date label removed (if applicable) or been installed not in accordance with the current edition of the I.E.E Wiring Regulations.
We do not accept responsibility for any third-party costs associated with the replacement of the product. Your statutory rights are not affected. We reserve the right to alter product specifications without prior notice. Each individual product has its relevant warranty period stated on its data sheet.
Terms & Conditions of Sale
1. APPLICABLE TERMS
1.1. For the purposes of these terms and conditions (“Conditions”):
1.1.1. “Goods” means the goods which the Seller is to supply to the Buyer in accordance with these Conditions;
1.1.2. “Buyer” means the individual or organisation who enters into a contract with the Seller; and
1.1.3. “Seller” means the Company which supplies Goods to the Buyer.
1.2. Any quotation given by the Seller is an invitation to the Buyer to make an offer only and no order placed by the Buyer with the Seller in pursuance of a quotation or otherwise shall be binding on the Seller unless and until it is accepted in writing by the Seller’s acceptance of order form or despatch note or delivery note, or the Goods are despatched.
1.3. Any contract made with the Seller for the sale of Goods shall incorporate and be subject to these Conditions only and any representation or warranty, written or orally made or given prior to the contract is hereby expressly excluded and all brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, price lists and other advertising matter are intended only to present a general idea of the Goods described therein.
1.4. In the event that no quotation is given by the Seller and the Seller has received an order from the Buyer then provided that the Buyer shall have notice of these Conditions, in such circumstances all Goods are sold subject to these Conditions.
1.5. Unless otherwise agreed in writing, the Seller reserves the right to despatch or deliver Goods of a modified design provided that any difference does not make the Goods unsuitable for any purpose the Buyer has made known to the Seller.
Unless otherwise agreed, the price is exclusive of VAT and other taxes and the cost of carriage and is based on costs current at the date of order acknowledgment or the date of the Seller’s quotation if earlier. The Seller reserves the right at any time prior to delivery of the Goods to adjust the price to take account of any increase in the costs to it of materials, taxes, labour or services or of any currency fluctuations which increase the costs to it of Goods imported into the United Kingdom.
3.1. Unless agreed otherwise in writing by the Seller the price shall be payable:
3.1.1. in the case of a Buyer who is a credit account holder, on or before the 28th day (or first working day thereafter) of the calendar month following the month in which the Seller invoices the Buyer; and
3.1.2. in all other cases, on demand.
3.2. If at the date on which the Seller is ready to deliver the Goods the Buyer delays delivery for any reason, the Seller may present invoices for full settlement within 7 days of that date.
3.3. In the case of a Buyer who is a credit account holder an additional transactional charge equal to 3% of the relevant transaction value shall be payable in cash if the Buyer pays for any Goods by credit card. For the avoidance of doubt, no such transactional charge shall be payable if the Buyer pays for the Goods wholly in cash.
188.8.131.52. Time for payment shall be of the essence.
184.108.40.206. In default of payment and without prejudice to any other rights or remedies the Seller reserves the right to demand payment of all outstanding balances whether or not due.
220.127.116.11. Interest shall be charged on outstanding balances at the rate of 2.0% per month as well after as before judgment.
18.104.22.168. The Buyer shall not be entitled to withhold or set-off payment for Goods delivered for any reason whatsoever. The Seller may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer against any amount payable by the Seller to the Buyer.
22.214.171.124. In the case of a Buyer who is a credit account holder, the Seller shall be entitled in its sole discretion to suspend or terminate the Buyer’s account if the Buyer fails to make a payment when it becomes due or if the Seller otherwise reasonably believes that the Buyer has failed or will fail to comply with the terms of the credit account.
126.96.36.199. The Buyer shall indemnify the Seller against any legal or other expense reasonably incurred by the Seller in the collection of any sums outstanding from the Buyer to the Seller, including without limitation, legal costs and fees.
4.1. If the Buyer is a limited company, limited liability partnership or a trust, any director or directors and any person who holds more than 25% of the issued share capital of the Buyer (if a limited company) any member of the Buyer (if a limited liability partnership) and any trustee of the Buyer (if a trust) who sign the Seller’s credit account application form agree (if more than one, jointly and severally) to guarantee the payment of all monies, debts and liabilities of any nature from time to time due or owing from or incurred by the Buyer to the Seller (the “Guaranteed Obligations”).
4.2. This guarantee is and shall at all times be a continuing security and shall cover the ultimate balance of all monies payable under the contract, irrespective of any intermediate payment or discharge in full or in part of the Guaranteed Obligations.
This contract shall be subject to the provision that if at any time thereafter the Seller is advised of circumstances casting doubt on the Buyer’s credit worthiness or satisfactory security for payment is not given on request, the Seller may require payment of the whole or part of the purchase price from the Buyer in advance and pending such payment the contract shall be suspended. In the event of such advance payment not being made within a reasonable period stipulated by the Seller, the Seller may cancel the Buyer’s order without liability and the Buyer shall be responsible for any resulting loss to the Seller.
The risk in respect of all Goods sold under the contract shall pass to the Buyer upon delivery to the Buyer or to the Buyer’s order In any event the property in the Goods shall not pass to the Buyer except as provided in Condition 7 hereof.
7. TITLE RETENTION
7.1. Until the purchase price of the Goods comprised in this or any other contract between the Buyer and the Seller and all other indebtedness of the Buyer to the Seller shall have been paid or satisfied in full (if by cheque then only upon clearance):
7.1.1. the property in the Goods comprised in this contract remains vested in the Seller (notwithstanding the delivery of the same and the passing of the risk therein).
7.1.2. the Buyer shall store the Goods in such a way that they can be readily identified as being the Seller’s property.
7.1.3. the Buyer shall on request inform the Seller of the precise location of each item of the Goods identified where applicable by its serial number, by supplying the Seller at its expense within seven days of its request with a written schedule of the said locations.
7.1.4. the Buyer may sell the Goods as the Seller’s agent in the normal course of the Buyer’s business and may pass good title to the Buyer’s customer being a bona fide purchaser for value without notice of the Seller’s rights on the following Conditions:
188.8.131.52. the Seller may at any time revoke the Buyer’s said power of sale in the circumstances set out in Condition 5 or 11 of these Conditions.
184.108.40.206. the Buyer’s power of sale shall automatically cease in any of the circumstances set out in Condition 11 of these Conditions.
220.127.116.11. the Buyer shall notify the Seller without delay of any attachment of the Goods or actions by third parties which might infringe the Seller’s title to the Goods.
7.1.5. Upon determination of the Buyer’s power of sale the Seller shall be entitled by itself its servants or agents to enter upon any of the Buyer’s premises or any other premises for the purpose of removing and repossessing such Goods and the Buyer shall indemnify the Seller against any claims arising from such repossession and for the cost of such repossession.
7.1.6. until the title in the Goods has passed to the Buyer:
18.104.22.168. the Buyer shall not purport to be the owner of the Goods and shall not show such Goods as stock in its accounts.
22.214.171.124. the Buyer shall insure the Goods against theft or any damage howsoever caused until their price has been paid or until sale whichever shall first occur and the Seller shall be entitled to call for details of the insurance policy.
126.96.36.199. if the Buyer shall not insure the Goods or shall fail to supply details of its insurance policy on demand to the Seller the Buyer shall reimburse the Seller for the cost of any insurance which the Seller may reasonably arrange in respect of any of the Goods during the whole or any part of the period from the date of its delivery of the Goods until the date of payment to it of their full purchase price.
7.2. Nothing in these Conditions shall:
7.2.1. entitle the Buyer to return the Goods or to delay payment for the Goods; or
7.2.2. constitute or be deemed to have constituted the Buyer as the Seller’s agent otherwise than for the purpose of this Condition; or
7.2.3. render the Seller liable to any third party for any unauthorised representation or warranty made or given by the Buyer to such third party in relation to the Goods; or
7.2.4. prevent the Seller from maintaining an action for the price not withstanding that the property in the Goods may not have passed to the Buyer.
7.3. In the case of sales of Goods in Scotland, Condition 7.1 shall not apply and in place thereof, there shall be substituted the following Condition: “Until the purchase price of the Goods comprised in this contract between the Buyer and the Seller have been paid in full:”
8.1. Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
8.2. Any delivery date quoted is given in good faith, but the Seller shall not be responsible for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence and the Seller shall not be liable for any delay in delivery howsoever caused.
8.3. The Seller shall be entitled to make delivery by instalments (in which case each delivery shall constitute a separate contract), and to invoice the Buyer separately for each instalment. Failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated.
8.4. Except in the case of delivery at the Seller’s premises, the Buyer shall at its own expense use all reasonable endeavours to ensure that the Seller is able to freely access and make any deliveries to any other place for delivery at such time(s) as may be specified by the Seller. Any failure by the Buyer to comply with the provisions of this Condition or to otherwise accept delivery (save upon such grounds for rejection as are specified in the law relating to the Sale of Goods) shall be deemed to be a breach of contract. Any additional costs incurred by the Seller in re-delivering the Goods (either to the originally agreed place for delivery or to such other place as may be reasonably requested by the Buyer) will be charged to the Buyer.
8.5. The quantity of any consignment of Goods as recorded by the Seller upon despatch from the Seller’s premises shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
Notwithstanding the provisions of Condition 8.5, the Seller shall not be liable for any under-delivery of Goods in whole or in part (even if caused by the Seller’s negligence) unless the Buyer gives written notice to the Seller of the under-delivery within 48 hours of the date when the Goods are delivered to the Buyer (as recorded by the Seller or, if there is no such record, when the Goods would in the ordinary course of events have been received). Any liability of the Seller for under-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such Goods.
9.1. The Buyer shall lodge with the Seller in writing within 7 days after delivery of the Goods any claims in respect of defects in such Goods, which are reasonably capable of detection by careful examination. Defects which are not detectable by careful examination within that period shall be notified as soon as practicable and in any event no later than:
9.1.1. 30 days after discovery of the defect; or
9.1.2. 12 months after the date of installation of the Goods,
whichever occurs first.
9.2. The Seller shall at is option repair or replace or refund or credit the purchase price of any Goods or part thereof in which under proper storage and use defects appear within the time limits set out in Condition 9.1 above which are caused by faulty material or workmanship and if any Goods, during the recommended service life, and if fitted to an application stated in the current catalogue or bulletin of the Seller are found to be defective, the Seller will accept responsibility for damage to other working parts of the Buyer’s equipment solely and directly attributed to a manufacturing defect in the Goods, and will restore such working parts to a condition equivalent to the existing condition prior to failure.
9.2.1. the defective Goods are returned to the Seller, transportation charges being prepaid by the Buyer;
9.2.2. examination by the Seller of such Goods shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling or by repair or alteration not effected by the Seller, and
9.2.3. the Buyer shall afford to the Seller all reasonable facilities to inspect any working parts of the Buyer’s equipment which are alleged to have been damaged as a result of defects in the Goods;
9.2.4. the Buyer shall pay to the Seller the cost (as certified by the Seller) of any examination of the Goods and any relevant working parts where the outcome of the examination is that the Seller is not deemed to be liable for any defect in the Goods or any damage alleged to have been caused by defects in the Goods;
9.2.5. this warranty does not cover faulty installation, misuse, alteration, normal wear and tear or accident, nor will the Seller be liable for any other losses or consequential expenses incurred;
9.2.6. the Buyer shall provide such information regarding the circumstances of the claim as would be reasonably required to assess the validity of the claim. If insufficient information is provided, the Seller shall be entitled, within 7 working days of requesting in detail the additional information needed, and such information not having been received, to reject the claim and return the Goods to the Buyer;
9.3. The foregoing provisions shall be in lieu of any warranties and conditions whether express or implied by statute common law or otherwise howsoever, which warranties and conditions are hereby expressly excluded.
9.4. Save as aforesaid and save in respect of death or personal injury resulting from the negligence of the Seller its servants or agents, the Seller shall not be liable for any claim or claims for direct or indirect consequential or incidental injury loss or damage made by the Buyer against the Seller whether in contract or tort (including negligence on the part of the Seller its servants or agents) arising out of or in connection with any defect in the Goods or work or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of the contract or breach of a fundamental term thereof) or the Seller its servants or agents in the performance of the contract.
9.5. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, NOTHING HEREIN CONTAINED SHALL OPERATE TO EXCLUDE ANY WARRANTY OR CONDITION IMPLIED BY STATUTE IN THE EVENT OF THE BUYER DEALING AS A “CONSUMER” AS DEFINED BY SECTION 12 OF THE UNFAIR CONTRACT TERMS ACT 1977.
IN SUCH A CASE THE BUYER’S STATUTORY RIGHTS ARE UNAFFECTED BY THESE TERMS AND CONDITIONS.
9.6. The Buyer accepts as reasonable that the Seller’s total liability for defective Goods and delivery of the Goods shall be as set out in these Conditions; in fixing that limit the Seller has had regard to the contract price of the Goods, the nature of the Goods, the use they will receive, and the resources available
to each party including insurance cover, to meet any liability.
9.7 Where Avanti Lighting acts as a distributer for another manufacturer, the warranty is issued by that manufacturer & not Avanti Lighting. In the event of any product failure within the warranty period of that product the buyer must liaise directly with the relevant manufacturer, whilst also informing Avanti Lighting. Avanti Lighting will give the contact details of any relevant manufacturer to a consumer in order for them to contact them in the event of a warranty claim. Avanti Lighting will provide any documentation directly to the manufacturer that maybe required to aid any warranty claim.
10. HEALTH AND SAFETY
The Buyer’s attention is drawn to the provision of Section 6 of the Health and Safety at Work etc Act 1974. The Seller will make available on written request such information on the design and construction of the Goods as is in its possession to ensure that as far as is reasonably practicable it is reasonably safe and without risk to health when properly used.
11. INSOLVENCY AND BREACH OF CONTRACT
In the event of any breach of these conditions not being remedied by the Buyer within 30 days of the Seller’s written notice requesting such remedy or upon the Buyer entering into any composition or arrangement with its creditors or passing a resolution for winding up the entering into liquidation (whether voluntary or compulsory) or any similar arrangement or a Receiver is appointed of the Buyer’s assets, the Seller shall be entitled without prejudice to its other rights hereunder to suspend all further deliveries and / or determine the contract or any unfulfilled part thereof and the Buyer shall be responsible for any resulting loss to the Seller.
12. INTELLECTUAL PROPERTY
Not withstanding any implied warranty or condition as to title or otherwise in relation to the Goods supplied hereunder, the Seller shall not be liable to indemnify the Buyer in respect of any claim made or threatened against the Buyer by a third party whether by legal proceedings or otherwise based on any intellectual property right claimed (whether registered or not) or breach of confidence unless:
12.1. the Seller shall have been promptly notified of the claim or threat and no admissions shall have been made by the Buyer such as would prejudice the defence of any such claim or threat.
12.2. the Goods shall have been designed by the Seller or made to its design. In any event the Seller’s liability shall be limited to damages and costs awarded by a court of competent jurisdiction in proceedings conducted in accordance with the wishes of the Seller or such sum as may be paid in compromise of such proceedings with the assent of the Seller
The Buyer shall accept Goods whose specification has been modified since the date of order provided that such Goods substantially conform with the order and the modification does not materially affect the performance of the Goods.
14. BUSINESS TO BUSINESS SALES: END OF LIFE OBLIGATIONS
14.1. To the extent that the law permits, the responsibility for and (where not specifically provided for in purchase price) the costs of compliance with the Waste Electrical and Electronic Equipment Regulations 2006 (as amended from time to time) shall rest with the Buyer.
14.2. The Buyer shall indemnify the Seller and keep the Seller indemnified against all costs, expenses, damage or other losses incurred or suffered, demands or proceedings made against the Seller arising from a breach by the Buyer of this Condition 14.
The Buyer shall not assign or transfer or purport to assign or transfer the contract or the benefit hereof to any other person.
16. SUB CONTRACTS
The Seller reserves the right to sub contract the performance of the contract or any part thereof.
Any notice given under the provisions of the contract shall be in writing and shall be deemed to have been sufficiently served if delivered personally or sent (within the U.K.) by first class post or (outside the U.K.) by airmail and the address of service shall be that shown the contract or such other address as the relevant party shall notify from time to time. Any notice served by first class post shall be deemed to have been served 48 hours after the date of despatch, any notice served by airmail shall be deemed to have been served 10 days after the date of despatch.
The waiver by the Seller of any breach of any term of the contract shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
Each of the Buyer’s obligations hereunder shall be a separate and independent obligation.
The titles of the Conditions hereof shall not be taken into account in the construction hereof.
17.5. Third Party Rights
No person other than a party to the contract shall have any rights to enforce any term of the contract.
17.6.1. Any variation, including the introduction of any additional terms and conditions to the contract, shall only be binding when agreed in writing and signed by an authorised representative of the Seller.
17.6.2. The Seller may vary these Conditions from time to time. Any such variations will be posted to the Seller’s website and notified to the Buyer and the Buyer will be deemed to have accepted such variations if it continues to order Goods from the Seller after the date of such notice.
17.7. Governing Law
Any contract to which these Conditions relate shall be governed by English Law and the parties shall submit to the non-exclusive jurisdiction of the English Courts.
Anti Slavery Statement
Avanti Lighting takes a zero-tolerance approach to slavery and human trafficking.
We are committed to ensuring that they do not take place in our business and we take steps to ensure that they do not take place within our supply chain.
As a UK based company, Avanti Lighting Ltd works primarily within the area of the electrical industry with LED Lighting sourced from China and Europe.
We consider the countries in which we operate and our supply chain to be at lower risk of slavery. We undertook a initial visit to our suppliers factories in 2018 to ensure that we are happy that they comply with the UK’s Modern Slavery Act.
Our company policy is that we undertake visits to any new supplier’s factory to carry out due diligence checks. These visits will be ongoing and carried out at least every two years but in the main on an annual basis.
Avanti Lighting in the UK
Avanti Lighting Ltd are committed to paying all persons that work on our premises either as permanent staff, temporary staff or contractors at a higher rate of pay than the National minimum wage set by the UK government.
Your privacy is important to us and we want you to be confident in the way we use and store data about you. This notice applies to all personal information we may hold about you and your business. Your data is being collected by Avanti Lighting Ltd, Unit 1, Castle Trading Estate, Lagrange, Lichfield Road Industrial Estate, Tamworth, Staffs. B79 7XD. Company Reg No. 10983094. We only use the information we collect lawfully, for our own business purposes, and in accordance with the General Data Protection Regulation effective 25th May 2018 (“GDPR”).
What data do we collect?
The type of information we collect includes:
- Information you supply about yourself and your business when opening an account with us, for example name, address, email address, telephone numbers and VAT numbers.
- Information you may supply to us when placing an order so that we may fulfil this order. In the event that you require us to make a delivery direct to your own customer then we also need to record your own customer’s name and address.
- Information collected automatically by tracking your progress around our website and from recording your previous orders.
- Our Website uses Google Analytics – See link on the website for specific details.
- CCTV imagery on our premises for the purpose of Safety and Crime prevention.
Do you store payment details?
We never store any details in relation to card transactions that you may undertake with ourselves, therefore we will need your details every time you wish to pay by card. We do not offer any facility to store card details.
Why do we collect and hold this data?
We use this data for a number of reasons such as;
- Verifying you as a customer to detect and prevent fraud.
- Confirming and completing your order, and keeping you informed of anything that may affect your expected delivery.
- To comply with other legal and regulatory obligations, for example evidencing shipment of goods to another EU member country.
- Knowing which of our products you are buying or are interested in so we are able to keep you informed about relevant new products, services, trade news and relevant events.
- To enable us to maintain high levels of customer service and deal with any returns as efficiently as possible.
How do we maintain this data and keep it safe?
Your personal information is very important to us and we protect it as if it was our own. To prevent unauthorised access, maintain data accuracy and to ensure the correct use of information we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect. Access to the information you have provided will be limited to authorised employees as required for the purposes noted in previous sections of this privacy notice, as well as IT security and maintenance. We strive to keep the information we hold about you as accurate and up to date as possible.
Will it be shared with third parties?
We will sometimes need to share information with third parties to perform services and/or supply goods on our behalf. For example, providing your delivery address details to our courier, or to one of our suppliers in the event that we do not hold the goods you want in stock. If we are assisting in a warranty claim for goods you have purchased from us, we may need to pass your details to the manufacturer or a repair centre handling warranty claims on behalf of the manufacturer. Any information you supply to us in relation to a credit limit application may be disclosed to a credit reference agency. Any such third parties we share your information with will have previously confirmed to us that they are committed to GDPR compliance.
How long will we store your data for?
If we have collected data in relation to an order/transaction, then we will store the relevant data as part of our business records for the required period of time prescribed by law, for example VAT records. Personal data held solely for marketing purposes which has been processed with your consent or by legitimate basis will continue to be stored so long as we expect to inform you about relevant new products, services, trade news and future relevant events. Should you withdraw your consent to receive such marketing communications (ie. Unsubscribe) then we will only hold basic elements of your data in order that we can identify you and your right not to receive such communications.
What rights do you have regarding the data we hold?
You have the right to request and see what information we have stored about you. You also have the right to request that we delete any personal data we hold that is not related to a business transaction or we are required to hold for legal reasons. Should you wish to do either of the above then please email your request to: firstname.lastname@example.org
AVANTI LIGHTING LTD
Lighting Years Ahead!
T: 0121 726 6999
F: 0121 726 6997