Project 159 – Fibre Optic Sparkle Curtains The Sussex Exchange of Queensway St Leonards on Sea installed four fibre optic sparkle curtains supplied by Starscape
The following terms and conditions apply to all contracts for the supply of services and/or goods or materials by the firm to the Client (see definition below) from time to time unless otherwise agreed in writing. The communication of a request by the Client to the firm, whether orally or in writing, for the supply of services and/or goods or materials shall amount to the Client’s acceptance of these terms. These terms shall take precedence over any terms and conditions of the Client, whether attached to, enclosed with or referred to in any purchase order of the Client or elsewhere. These terms and conditions may not be varied except by written agreement between the firm and the Client.
In these terms and conditions the following words shall have the meanings given in this clause:
2.1 ‘Firm’ means Starscape Star Ceilings Ltd whose place of business is Woodside, Scremerston, Berwick upon Tweed, Northumberland, TD15 2SY;
2.2 ‘Client’ means the person, firm or company placing an order with the firm;
2.3 ‘Contract’ means any contract or agreement made orally or in writing between the firm and the Client for from time to time for the supply of services and/or goods or materials;
2.4 ‘Deliverables’ means the services and/or materials to be supplied by the firm under the Contract;
3 The Firm’s obligations
The Firm will use its reasonable care and skill in the production and supply to the Client of the Deliverables as per the Contract.
4 Payment terms
In return for the Firm’s production and supply of the Deliverables the Client shall make payment in accordance with the terms of the Contract. If the Client fails to pay the Firm on the due date, the Firm may charge the Client interest and penalties in accordance with the Late Payment of Commercial Debts (Interest) Act 1996 from time to time accruing daily and compounded annually on every invoice overdue for payment calculated from the date of the invoice until the date of payment whether before or after judgment, and may suspend all of its obligations hereunder until payment has been made in full.
The Firm reserves the right to require the Client to pay the total Job Cost up front before the Firm commences any work. If a final Job Cost has not been agreed at the time of concluding the Contract, the Firm will require the Client to pay a percentage of the estimated total Job Cost in advance to cover the Firm’s time attending meetings and/or producing Deliverables in advance of a final sign-off by the Client of the budget.
It shall be the sole responsibility of the Client to ensure that the Deliverables comply with all local laws (whether consumer, public or civil), regulations and codes in all countries in which use is intended. It shall also be the Client’s responsibility to ensure that the Deliverables carry all disclaimers, warnings and public information which any competent lawyer of the Client in any of the relevant jurisdictions would advise.
Accordingly the Client agrees to indemnify and hold harmless the Firm from any liability, cost, loss, damages award, sum payable by way of settlement or other expense of any kind (including reasonable legal fees) arising from any claim, demand or action alleging that the Deliverables or use of them are contrary to any law, code or regulation in any country.
If the Deliverables include any goods, then delivery of such goods shall be regarded as occurring when either two business days have elapsed following the day the Client has been informed that the goods are awaiting collection or, in cases where the Deliverables include delivery of the goods to the Client, on the day of delivery to the Client. If the Client is unable to collect the goods as provided for above, then the Firm shall be entitled to arrange storage and/or transportation for the goods on the Client’s behalf at the Client’s expense. All charges for such storage, transport and any insurance shall be payable by the Client forthwith on request.
The Client shall inspect and check the goods immediately on delivery and shall give the Firm notice in writing by fax or post within 3 working days after the day of delivery as to any alleged defect together with details of the alleged defect. The Client will permit the Firm to inspect any allegedly defective goods. Failing such notice, the goods shall be deemed to be in accordance with the Contract and the Client shall be deemed to have accepted the goods and to be liable to pay for the goods.
The risk in Deliverables shall pass to the Client upon the commencement of supply or transportation to the Client or, where the Client will not accept supply on the date required by the Firm, to temporary storage arranged by the Firm.
Nothing in these terms and conditions shall exclude or restrict the Firm’s liability for death or personal injury resulting from its negligence, liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law. Subject to this:
7.1 the Firm’s total liability to the Client in contract law or in tort or otherwise howsoever arising in relation to the Contract is limited to the Firm’s charges for the Deliverables;
7.2 the Firm shall not be liable in any way in respect of any failure, delay or defect in the supply or use of the Deliverables caused by the supply or specification by the Client of unsuitable material; and
7.3 the Firm will not be liable to the Client for economic loss including loss of profits, business, contracts, revenues, goodwill, production and anticipated savings of any description howsoever caused and even if foreseeable by the Firm.
8 Matters beyond the Firm’s reasonable control
The Firm is not liable for any breach of this Contract caused by matters beyond its reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving the Firm’s employees), weather of exceptional severity, unavoidable hardware or software failures, or acts of local or central government or other authorities.
9 Entire agreement
This is the entire agreement between the parties on the subject matter contained herein and supersedes all representations, communications and prior agreements between the parties in that regard.
Each party acknowledges that it has entered into this agreement in reliance only on the representations, warranties, promises and terms contained or expressly referred to herein and, save as expressly set out in these terms and conditions, neither party shall have any liability in respect of any other representation, warranty or promise unless it was made fraudulently.
10 Third party rights
Unless expressly provided in the Contract, no term of this Contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
11 Governing law and jurisdiction
The Contract and these terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with English law and each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of England and Wales.
12 Returns: (Consumer sales)
The firm does not supply goods “on approval”, and we expect customers to make mature, informed decisions about purchases. So, before buying please do feel free to enter into detailed correspondence with us – either by e-mail or phone – to ensure that the products we offer are what you’re looking for, and suitable for the intended purpose. We welcome all such opportunities to enter a dialogue with customers.
We can not accept returns of products which have been made to order – custom fibre harnesses, made-to-measure star cloths, specifically requested lengths of fibre which have been cut from the spool etc.
We pride ourselves on the level of service we offer and the quality of our products, and in return we expect customers to act in good faith. In special circumstances we will consider return of standard “off-the-shelf” goods, subject to a 10 % handling fee. Return carriage in this situations will be paid for by the customer and customers are responsible for ensuring the goods are packaged securely.
We will replace any goods which are defective on arrival. These should be checked on receipt, and the firm informed. If there are obvious signs of serious damage to the packaging, don’t accept the goods from the carrier.
13 Returned Goods (Business to business)
(a) Starscape will not accept goods for credit or rectification unless such return has been authorised by a director, and the goods are received by the firm in stock condition, with original packaging and the firm retains the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof. Starscape reserves the right to charge a restocking fee on goods returned for credit which are not in stock condition.
(b) The purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to the firm for service or credit which goods shall be at the risk of the purchaser until actual receipt of the goods by the firm. The onus of proof of safe delivery shall rest with the purchaser.
(c) All items returned to Starscape by prearrangement and found to contain no fault, will be subject to a 25% restocking charge, providing the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of the vendor.
(d) No credit shall be allowed for goods until they have been received complete.
Light sources are guaranteed for 12 month for commercial installations and 18 months for home use.
All fibres guaranteed for 18 months.
WEEE Compliance B2B Terms & Conditions
The B2B end user is responsible for all liabilities regarding the environmetally sound disposal of this EEE when it is discarded as WEEE.
The producer may, for commercial reasons only, offer a take back option when a B2B end user is purchasing a new product, however, this will be decided on a case by case basis and may incur a charge.