SOLAGEN LIMITED TERMS AND CONDITIONS OF GOODS AND SERVICES
GENERAL
The acceptance of our offer includes your acceptance of all these Terms without modification. This constitutes a legal agreement between you and us. These terms are not variable unless expressed and by mutual agreement in writing and signed by a Director. Varied terms are not permanent and only apply to the order expressed. If you do not accept these Terms and Conditions in their entirety, you will not qualify to become one of our customers.
OUR OFFER
Unless previously agreed in writing and signed by a Director or General Manager, our offer is open to acceptance within thirty days of the date of the offer. After this time the quotation will expire and a new quotation must be requested. On requesting a new quotation you are continuing to agree to the entirety of our Terms and Conditions. Oral representations do not constitute part of our offer and liability for them is excluded.
YOUR ACCEPTANCE
Your acceptance of our offer must be by written order within our thirty day terms. A verbal order cannot be accepted as an official order. For orders placed by fax or email, the original official paper copy must be supplied. The order must contain sufficient and relevant information including your official order number and our quotation reference.
CANCELLATION OF ORDERS
Any orders placed with us may be cancelled within thirty days. If you place an order for any of our standard products and you cancel after thirty days it is at company discretion whether you will incur charges. If you place an order for a bespoke product (designed to fit your requirements) and you cancel after thirty days you will incur charges to cover the cost of any products ordered that cannot be used with any of our standard products.
LEAD TIMES
Our lead times will always be expressed in our quotation and product description. We reserve the right to change these times as they are an estimate and may vary. However, if at the date specified for delivery you delay acceptance of the goods for reasons outside our control, additional charges may apply. The goods will be stored by us for ninety days once you are informed of the completion of your product. After 90 days you are liable to pay for 90 percent of your products. We will invoice you for this amount and your normal credit terms will apply. We will either deliver the products to you with which additional delivery charges may be incurred or we can hold the products at our depot until you are ready to receive your product. It is at company’s discretion whether you will be liable to pay any additional handling and transportation costs.
DELIVERY
Deliveries to a destination within the United Kingdom mainland will not be charged delivery unless specified in our official offer. Delivery charges will also not apply to delivery of replacement products that are covered by warranty. However, if the product is no longer covered by warranty or you are outside the United Kingdom mainland, delivery charges may be incurred. Quotations include full delivery charge information.
SITE SURVEYS
Before we install any product it is our requirement that we conduct a site survey. This is carried out to assess the feasibility and suitability of a site before installation is carried out. You will not be charged for this service. You must arrange this with our customer service team prior to scheduled installation. Any traffic management, other than what is quoted, will be your responsibility to arrange. We reserve the right to withdraw from a contractual agreement where health and safety measures, arranged by you, are deemed insufficient.
INSTALLATION
All details of our post requirements are included in our product description letter. This is provided with your initial quotation. Please note that the post dimensions are recommendations, however the customer is advised to carry out wind loading calculations to confirm suitability. Please inform Solagen Limited of any changes to the post sizes prior to ordering this sign. If, when we reach the site for installation of the product and the incorrect post has been installed, additional charges will be incurred.
LOSS OR DAMAGE IN TRANSIT
Goods delivered to and accepted by you are non-returnable. In signing our delivery note you are accepting the goods having checked for any loss, shortage or damage.
LIABILITY
Once you receive your product it is your responsibility to report any failures or damages to the sign. We will then generate a non-conformance against your report. No claims shall be made against us unless in the case of death or personal injury due to gross negligence after you report your non-conformance.
RETURN OF GOODS
Once Solagen have installed your product you will receive your invoice. You have thirty days from date of invoice to contact us regarding any issues with your product. It is your responsibility to check you are happy with the product and it is to your satisfaction. After the thirty days we reserve the right to charge you any additional costs incurred.
PRICES
Unless previously expressed, we reserve the right to invoice at prices ruling at the time of despatch. All quoted prices are exclusive of VAT. For Republic of Ireland customers VAT will be charged at the UK standard rate unless an Irish VAT number is supplied prior to invoicing.
TITLE
We retain legal and beneficiary title to the goods and services provided until full payment is received. This will still be the case even in the event of receivership, liquidation or other such events of your company. In the event of full payment not being received we may enter your property and re-possess the goods.
CREDIT
To allow you to obtain a credit facility with us you must provide us with sufficient information to obtain two credit references. This does not apply to local authorities. Provided your credit references are to our satisfactory standards, we will, at the company’s discretion, provide you with a credit account. Our credit terms are strictly thirty days from date of invoice. If this facility is not available to you, your account will be strictly Pro-Forma and all payments must be received in full prior to delivery of goods or services.
INTEREST
Failure to produce outstanding monies within your payment terms may result in your account being placed on hold and/or being converted to a strictly Pro-Forma only account. Should you not adhere to our credit terms, you may be charged interest on your outstanding invoices. This will be calculated at 7% at thirty day intervals until full payment is received. We are able to charge interest due to the Late Payment of Commercial Debts (Interest) Act 1998.
WARRANTY
As of 8th July, 2011: Customers within the UK mainland are supplied products with a five year parts and labour warranty if installed by Solagen*. If products are offered on a supply only basis – UK mainland customer’s products are supplied with a parts only 5 year warranty option. All other customers outside the UK mainland are supplied products with twelve months part replacements warranty only*. However vandalism damage is not covered under our warranty.
*Solagen Distributors should note distributor agreements for warranty details. Innovation customers should note their options form.
SENTIENT PRODUCTS
All Sentient products remain the property of SOLAGEN LTD due to the nature of the rental agreement. The initial cost of sentient hardware is a one off rental fee of the product for the first year. After the first year, a rental charge will not be incurred as long as you continue with your subscription. However if you do not continue with the annual subscription, after we offer an extension, we reserve the right to collect the Sentient hardware. This will not affect the basic operation of your product.
Solagen makes no guarantee as to the accuracy of the data provided on the Sentient web page. In particular, we cannot be held responsible for any event that may occur due to the use of data.
If, for a reason outside our control, we are no longer able to provide our services, for instance, due to SIM card failures or network shutdown, we will not be held liable. If the SIM cards are withdrawn, cancelled or re-called by the network provider, we reserve the right to charge any additional cost incurred to further provide you with our services. Should we not be in a position to keep supplying an already paid service, this is at company discretion; we will indemnify the customer to a value that is deemed reasonable. The indemnity will not in any case exceed the value of outstanding service.
WAIVER
If you are in breach of any of these conditions and we do not bring such breach (whether known to us at the time or not) to your attention, this shall under no circumstances constitute a waiver of our rights under these terms and conditions and we shall be empowered to enforce those rights and all other rights contained in them regardless of any previous concession to you.
ACT OF GOD
We may without notice suspend or curtail performance of our obligations hereunder in the case of Act of God, war, strike or lock-out, fire, flood, drought, tempest or any other occurrence which is not within our control.