Terms and Conditions
By requesting The Lightbulb Man Limited (LBM) to supply goods and services to the Customer, the Customer acknowledges and agrees (or is deemed to acknowledge and agree) that:
- Unless previously withdrawn, quotations are open for acceptance for the period stated therein, or when no period is stated, within 30 days from the date of quotation, and is subject to confirmation at the time of acceptance.
- LBM reserves the right to make alterations to prices without prior notice and cannot take responsibility for contract price commitments made by our customers with third parties.
- Prices quoted are excluding Goods and Services Tax (GST) unless otherwise stated and all goods are subject to GST.
- Unless otherwise agreed, payment of the purchase price shall be paid to LBM prior to the dispatch goods.
- For customers who have an approved credit account with LBM, unless otherwise agreed, payment of the purchase price shall be paid to LBM by the 20th of the month following the month in which the invoice is dated.
- Interest at 5.00% per month may be charged on overdue accounts.
- Any expenses, costs and disbursements incurred by LBM in recovering any outstanding monies including debt collection agency fees or solicitor costs shall be paid by the Customer.
- While every effort will be made to ensure that delivery of goods is on time, LBM will not be in any way responsible for damages or consequential loss (direct or indirect) arising form any delay in delivery.
Risk and Insurance
- The Customer shall inspect the goods on delivery and shall within five days of delivery notify LBM of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The Customer shall afford LBM an opportunity to inspect the goods within a reasonable time following notice and before any use is made of them. If the Customer shall fail to comply with these provisions the goods shall be conclusively presumed to be free from any defect or damage which would be apparent on a reasonable examination of the goods and the Customer shall be deemed to have accepted the goods.
- LBM shall not be responsible for any damage whatsoever caused in the event that the goods are fitted, serviced or operated incorrectly or if the goods are in any way adapted or used in a manner not intended or made known to LBM.
- The goods remain at the risk of LBM until delivery to the Customer.
Reservation of Title
- LBM shall retain ownership of the goods until full payment is received.
- Until property in goods passes to the Customer, The Customer holds the goods as LBM's bailee and, as agent for the Customer, LBM (and its employees and agents) may, without prior notice, enter upon any land or Premises where LBM believes the goods are kept in order to inspect the goods. The Customer must store the goods so they can be identified separately from the Customer's own goods. LBM authorises the Customer, in the ordinary course of the Customer's business to use the goods or resell them for full consideration.
- This authority is revoked immediately if:
- An Event of Default occurs; or
- LBM notifies the Customer in writing that this authority is revoked
Limits on Liabilities
- LBM shall be under no liability to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by LBM of these terms and conditions of trade. Any claim against LBM shall be limited to the invoice value of the goods
- LBM shall not be responsible for any damage whatsoever caused in the event the goods are fitted, serviced or operated incorrectly or if the goods are in any way adapted or used in a manner not intended by or make known to LBM.
Warranty and Refunds
- Choose carefully as we do not refund if you change your mind. If the goods are faulty we will meet our obligations under the Consumer Guarantees Act where applicable.
- LBM warrants that the fabricated goods will substantially conform with written specifications supplied by the Customer.
- A claim under this clause must be made in writing to LBM and no claim can be made under this clause unless and until the price is paid in full. The Customer must also give LBM notice of any defect in the goods within 7 days of the defect becoming apparent.
- LBM's liability under this clause will be limited in its sole discretion to:
- Restoring the goods in conformity with the written specifications supplied by the Customer; or
- Replacng the goods
- Any repairs will be done at such place as LBM specifies and the Customer is responsible for cartage of the goods or parts of the goods as is necessary to and from the place so specified.
- The repair of the goods under this clause does not include the cost or removal of defective material and fixing replacement material.
- The warranty under this clause does not apply to goods repaired by any person not authorised by LBM and does not apply if the goods are used for purposes other than for which they were intended.