TERMS & CONDITIONS
DEFINITIONS
"The Company" means Aurora Limited or any subsidiary
of Aurora Limited
"The Customer" means the person, firm or other entity which contracts
with the Company for the purchase of Goods.
"The Goods" means products of any kind
manufactured or sold by the Company
1 GENERAL These Terms and Conditions apply to
the sale of Goods by the Company and no variation, modification or substitution
for these Terms and Conditions (even though included in or referred to in the document
placing the order) shall be binding on the Company unless specifically accepted
by the Company in writing.
2 DESCRIPTIONS,ILLUSTRATIONS AND DIMENSIONS
2.1 The Customer
shall be responsible for ensuring the accuracy of the Terms of any order submitted
by it. 2.2 All the illustrations and information concerning dimensions, colour,
finish, etc. are subject to variation due to enhancement changes in the production
processes and are not binding on Aurora’s Terms and Conditions of Sale. While the
Company makes every effort to ensure the accuracy of the information contained in
its literature and website, it will not be held liable for any such variation described
herein. However as our policy is one of continual improvement we reserve the right
to alter product specifications without notice. All descriptions, illustrations,
etc. in its brochures or website shall not form part of any contract of Purchase
and Sale with the Company.
3 PRICE
The Company reserves the right to vary without
notice any price listed or quoted to conform with the Company's price current at
the time of acceptance of any order placed by the Customer. All Prices listed on
this website are shown excluding VAT.
4 CARRIAGE AND PACKING
Carriage to destinations
in the UK mainland (excluding Scottish Highlands) will be paid by the Company on
orders having a net invoice value of £150 or more excluding VAT.The minimum order
values for carriage paid deliveries to the Scottish Highlands and areas outside
the UK mainland and the carriage charges applicable to orders below the carriage
paid value, are available on request.
5 PAYMENT
5.1 Time for payment shall be the
essence of the contract. The Customer shall make payment according to the payment
and settlement terms agreed in writing by the Company; 5.2 The Customer shall pay
interest on the outstanding balance of the invoice value or any part thereof at
the rate of 4% above HSBC PLC base rate, in the period between the due date for
payment and final settlement. In these circumstances the Company may suspend deliveries
under any or all contracts with the Customer while the Customer is in arrears and/or
give notice in writing that if any such sums are not paid within 14 days any or
all contracts may be cancelled and hence if all such sums are not paid within that
time, the Company may treat any or all such contracts as determined and claim damages
for repudiation; 5.3 If the Customer shall fail to make any payment under any contract
with the Company on the due date or shall be in breach of these Terms and Conditions
or any other term of any contract with the Company or should the Customer: i. become
insolvent; ii. suffer the appointment of an administrator or an administrative receiver
over any of its assets; iii. go into liquidation whether compulsorily or voluntarily
(except for the purposes of reconstruction or amalgamation); iv. make any arrangement
or composition with its creditors; v. become the subject of a bankruptcy order;
vi. cease, or threatens to cease. to carry on business; or should the Company reasonably
apprehend that any of the events mentioned above is about to occur in relation to
the Customer and notifies the Customer accordingly then the Company shall have the
right (without prejudice to any other rights and remedies): a. to suspend or withhold
further deliveries so long as the default continues, and/or; b. to serve notice
on the Customers that unless all sums due are paid forthwith it will cancel the
relevant contract and any other contract with the Customer and if payment is not
made forthwith thereafter the Company may treat the relevant contract and also at
its option any other contract as repudiated and determined and recover damages accordingly,
and/or; c. to recover from the Customer any cost or expenses incurred should a third
party agency be used in the collection of any monies due from the Customer and/or;
d. enter the Customer's premises for the purpose of repossessing the Goods in respect
of which title has not yet passed. 5.4 Waiver by the Company of any breach of these
conditions or any granting of time or indulgence by the Company to the Customer
shall in no way affect the rights of the Company hereunder.
6 EXPORT ORDERS
The
Company is under no obligation to despatch an export order until the Customer has
provided the Company with a confirmed and irrevocable Letter of Credit, the terms
of which are satisfactory to the Company.
7 DELIVERY AND PERFORMANCE
7.1 The Customer
shall be bound to accept the Goods when they are ready for delivery by the Company
and delivery shall be deemed to take place when the Goods are delivered to the Customer
at the nominated address for delivery or to a nominated carrier as the case may
be. 7.2 The Company reserves the right to deliver and/or invoice the Goods in instalments
and each delivery shall constitute a separate contract, any failure of or any defect
in any one delivery shall not vitiate any contract in respect of that or any other
delivery. 7.3 Claims by the Customer for shortages in delivery cannot be accepted
unless they are received by the Company in writing within 7 days of the date of
receipt of the Goods at the Customers premises. 7.4 If for any reason the Customer
cannot accept delivery of the Goods at the time when the Goods are due and ready
for delivery, the Company may either elect to store the Goods pending their actual
delivery and the Customer shall be liable to the Company for the cost (including
insurance) of their so doing (however the Company shall be under no obligation to
insure the Goods in storage and the risk of any loss or damage to the Goods howsoever
arising shall be borne by the Customer) or sell the Goods at the best price readily
obtainable and (after deducting all reasonable storage and selling expenses) account
to the Customer for the excess over the relevant invoice price or charge the Customer
for any shortfall below the relevant invoice price.
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7.5 Any time or date given for delivery or performance is given as
an estimate only and is not the essence of the contract and the Company shall not
be liable for any loss or damage howsoever arising as a result of failure to deliver
or perform at such time or date. 7.6 The Company shall not be liable for loss of
profit or other consequencial loss and its liability (whether in contract or otherwise)
shall in no case exceed the price of the Goods which it had failed to deliver or
delivered late.
8 TITLE
8.1 Title to the Goods shall not pass to the Customer until
the Company has received in cash or cleared funds payment in full of the invoice
together with any interest and/or delivery charges in addition to payment of all
other outstanding sums. Where the Customer is entitled to sell the Goods as the
Company's agent, the Customer shall be obliged to account to the Company immediately
thereafter for such of the proceeds of sale as shall be sufficient to discharge
the invoice. 8.2 Where the Goods are in the Customer's possession, the Customer
shall keep them separately from all other Goods in its possession in such a way
that they are immediately identifiable as the Company's property. At any time before
payment in full of all sums due from the Customer to the Company, the Company may
by notice in writing to the Customer, determine the Customer's right to sell the
Goods and if the Customer is in possession of the Goods the Customer shall thereupon
return them to the Company free of charge and shall in any event cease to be in
possession of them with its consent. In placing an order the Customer irrevocably
authorises the Company to enter upon its premises for the purposes of repossessing
the Goods in respect of which title has not yet passed to the Customer.
9 RISK
9.1
Risk in the Goods shall pass to the Customer either at the time of delivery, or
if the Customer wrongfully fails to take delivery of the Goods, the time when the
Company has tendered delivery of the Goods. 9.2 The Customer shall insure those
Goods against all loss or damage to the full purchase price for the period from
the date of delivery until the passing of title in the Goods to the Customer. 9.3
The proceeds of any insurance claim or the right to receive the same shall be held
by Customer on trust for the Company and paid to it in settlement of the outstanding
invoice.
10 RETURNS
10.1 Goods will not be accepted back for credit unless written
approval has been obtained. 10.2 A 20% handling charge subject to a minimum of £50.00
may be levied on all fault free Goods returned at the Customer's request. Any such
Goods should be returned carriage paid and must be in original undamaged packaging.
10.3 Excluding goods returned under Clause 10.2, the Company reserves the right
to replace any Goods returned for credit and where no fault has been found with
the Goods the Company will be entitled to levy an additional £50.00 handling charge.
10.4 If Goods are returned without the correct authorisation, the reimbursement
of any carriage charges, if appropriate, will be limited to the amount that the
Company would have incurred had the Company been given the opportunity to arrange
their own collection.
11 GUARANTEE
11.1 The Company guarantees at its entire discretion
either to replace or repair any of the Goods which within the guarantee period are
shown to its satisfaction to be defective through faulty material or workmanship
alone, provided that no attempt has been made by the Customer or a third party to
rectify, dismantle or alter the Goods in any way and the faulty unit is returned
to the Company. 11.2 The Guarantee period for any Goods is as specified in the Company's
catalogue current at the time of acceptance of the Customer's order and commences
on delivery of the goods. 11.3 All terms, conditions, warranties. or representations,
whether express or implied, as to description, condition, quality or fitness for
purpose of any of the Goods are hereby excluded. 11.4 So far as permitted by statute,
the Company shall not be liable for loss or damage whether direct or consequential
and whether suffered by or occasioned to the Customer,its employees or agents. or
to any third party. For the avoidance of doubt, the Company does not accept responsibility
for any installation costs associated with replacement of a faulty unit. 11.5 The
installation of the Goods should only be carried out by a competent person in accordance
with the instructions supplied with the Goods and relevant UK or European standards
e.g. the latest edition of the I.E.E Wiring Regulations (BS7671). The Company will
not be held responsible for failure of products due to installation in an improper
environment, installation not in accordance with relevant regulations, improper
working practice, misuse, negligent storage or accidental damage. All the Goods
incorporating electronic components are protected against damage which may result
from transient voltages on the mains supply. The level of protection incorporated
is generally in excess of the minimum level specified in the current international
standards. It is the installer’s responsibility to ensure that electronic equipment
is not subjected to transients above the international immunity standards. The Company
does not take responsibility for damage to products caused by excessive mains transients.-
12 SUSPENSION
12.1 Should the Company be delayed in or unable to make delivery owing
to any cause whatsoever beyond its control, The Company shall be free at its entire
discretion either to suspend or terminate the contract without incurring any liability
to the Customer for any loss or consequential damage arising therefrom. 12.2 All
contracts between the Company and the Customer and the above conditions shall be
interpreted according to and governed by English Law and the parties submit to the
jurisdiction of the High Court of Justice for the resolution of all disputes arising
therefrom.
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