Terms & Conditions - More Lighting

Website Terms and Conditions of Sale

Welcome to the MORE SOLUTIONS Ltd website (the “Website”). By accessing this Website and/or placing an order for goods or services through it, you agree to be bound by these Terms and Conditions of Sale (the “Terms”). Please read them carefully.

In these Terms:

“MORE SOLUTIONS” means MORE SOLUTIONS Ltd, with its registered office at 21 Drakes Mews, Crownhill Industrial Estate, Milton Keynes MK8 0ER.
“Buyer“, “you“, or “your” means the person or entity placing an order for Goods or Services.
“Goods” means the products offered for sale on our Website and any services which MORE SOLUTIONS agrees in writing to supply to the Buyer. Where these Terms refer to the provision of services, references to Goods shall be understood to mean services, references to sale as supply, references to delivery as the time for performance, and references to the quality of Goods as the quality of services.
“Contract” means the legally binding agreement formed between MORE SOLUTIONS and the Buyer for the sale of Goods or Services, governed by these Terms and the details of your order.

GENERAL CONDITIONS OF SALE

BASIS OF THIS CONTRACT
1. In these conditions “MORE SOLUTIONS” means MORE SOLUTIONS Ltd of 21 Drakes Mews, Crownhill Industrial Estate, Milton Keynes MK8 0ER, “the Buyer” means the person named overleaf and “the Goods” means the goods or services which MORE SOLUTIONS agrees in writing to supply to the Buyer. In relation to the provision of services, references to Goods shall be construed as references to services, references to sale as references to supply, references to delivery as references to the time for performance, and references to the quality of Goods as references to the quality of services.
2. A contract under which MORE SOLUTIONS shall sell Goods to the Buyer shall only come into existence once MORE SOLUTIONS has received and accepted the Buyer’s order and until acceptance MORE SOLUTIONS shall be under no obligation to the Buyer. A quotation issued by MORE SOLUTIONS shall only be valid for 30 days from its date.
3. The contract comprised by these terms and the details overleaf shall be the entire contract between MORE SOLUTIONS and the Buyer (“the Contract”). Any other terms, conditions or provisions, whether proposed by the Buyer orally or in writing, shall be of no effect and the sale of Goods by MORE SOLUTIONS to the Buyer shall not constitute acceptance of such other terms, conditions or provisions. The terms of the Contract shall override and supersede any previous negotiations, agreement or arrangement between MORE SOLUTIONS and the Buyer in relation to the supply of the Goods.
4. Unless specifically agreed in writing and signed by a director of MORE SOLUTIONS, information and advice given orally or contained in MORE SOLUTIONS’s publicity material, advertisements and catalogues and in correspondence between MORE SOLUTIONS and the Buyer before the date of the Contract is given gratuitously and without responsibility on the part of MORE SOLUTIONS and shall not form part of this Contract.
5. Unless stated in this Contract or expressly agreed in writing and signed by a director of MORE SOLUTIONS, no term, condition, warranty or representation (whether express or implied by statute, law, custom or usage) as to the nature, quality or fitness or suitability for purpose of the Goods or their conformity with any description or sample is given by MORE SOLUTIONS, or shall form part of any contract between MORE SOLUTIONS and the Buyer.
6. The Buyer shall ensure that all Goods conform to the applicable MORE SOLUTIONS specification before incorporating them into any item.
7. The Buyer agrees to pay MORE SOLUTIONS an introduction fee equal to 20% of the first year’s salary, or £4000 which ever is the higher, for any members of staff employed directly from MORE SOLUTIONS by the Buyer.
PRICES
1. MORE SOLUTIONS may alter its quoted price without notice both before and after acceptance of the Buyer’s order and all Goods will be charged for at prices current at the date of despatch.
2. Prices quoted do not include any applicable VAT or other duties or taxes, packing, carriage, insurance or any other costs which may be chargeable in connection with the supply of the Goods to the Buyer which the Buyer shall pay in addition to the price.
3. The Buyer shall make full payment for the Goods as invoiced by MORE SOLUTIONS within 30 days of the date of invoice.
4. MORE SOLUTIONS shall have the right to invoice the Buyer for a partial delivery of the Goods.
5. If full payment is not made on the due date, then interest shall thereafter be payable on the outstanding balance at the rate of 2 percent each month above the Barclays Bank plc minimum lending rate from time to time in force compounded monthly until payment.
6. The Buyer shall not be entitled to withhold payment of any invoice by reason of any right of set off or any claim or dispute with MORE SOLUTIONS, whether relating to the quality or performance of the Goods or otherwise.
7. Any advance payment made by the Buyer is a deposit and not a part payment.
8. MORE SOLUTIONS shall have the right to suspend performance of its obligations under this Contract if it reasonably believes that the Buyer will not make payment in accordance with this Paragraph 2.
DELIVERY
1. Dates and times given for completion or delivery of Goods or of any stage or process are given as estimated only and shall not constitute a term or condition of any contract between MORE SOLUTIONS and the Buyer. Time shall not be of the essence. While MORE SOLUTIONS will use all reasonable endeavours to meet any time estimate, it reserves the right to amend any estimate without notification.
2. MORE SOLUTIONS will deliver the Goods in such batches or instalments as it considers expedient. Neither failure by MORE SOLUTIONS to deliver one or more batch or instalment, nor over or under delivery shall entitle the Buyer to reject those or subsequent deliveries, claim compensation or terminate this Contract.
3. The method of delivery shall be as quoted by MORE SOLUTIONS; but if this is not stated, then the Goods shall be delivered in accordance with subparagraph (b).
  1. If the Buyer agrees to collect or arrange for the collection of the Goods from any of MORE SOLUTIONS’ premises (“the Premises”), delivery shall be effected and risk but not title shall pass when the Goods are handed to the Buyer or its carrier at the Premises. MORE SOLUTIONS will notify the Buyer when the Goods are ready for collection and the Buyer shall collect the Goods within three working days of such notice.
  2. If MORE SOLUTIONS agrees to deliver the Goods to a place within the United Kingdom or Republic of Ireland nominated by the Buyer, MORE SOLUTIONS shall engage a carrier for this purpose and shall notify the Buyer of expected dates and times of despatch and delivery. MORE SOLUTIONS does not represent that the expected date or time of delivery will be met. Delivery shall be effected and risk but not title shall pass when delivery is tendered at the nominated place during normal working hours.
  3. The Buyer shall promptly notify MORE SOLUTIONS if Goods to be delivered in accordance with sub-paragraph (b) do not arrive within fourteen days of receipt of MORE SOLUTIONS’ invoice relating to them.
  4. The Buyer shall carefully examine Goods delivered in accordance with subparagraph (b) on receipt and immediately notify to MORE SOLUTIONS, and within seven working days confirm in writing, details of any short delivery or defects reasonably discoverable on careful examination.
  5. MORE SOLUTIONS shall replace or, at its opinion, refund the purchase price of any defective or undelivered Goods falling within sub-paragraphs (c) or (d) but shall not be under any other liability to the Buyer in this respect. If MORE SOLUTIONS does not receive the notices referred to in subparagraphs (c) or (d), it shall be discharged from all liability (whether arising in negligence or otherwise) arising from such non-delivery, short delivery or defects.
  6. The Buyer shall not return any Goods to MORE SOLUTIONS unless MORE SOLUTIONS has first issued it with a return authorisation number.
4. If MORE SOLUTIONS agrees to supply Goods outside the United Kingdom or Republic of Ireland, the Buyer shall be bound by MORE SOLUTIONS’ export terms, which are available on request.
PROPERTY AND RISK
1. The Goods shall remain the property and in absolute ownership until the Buyer has paid in full all amounts owed by the Buyer to MORE SOLUTIONS (including VAT) in respect of the Goods on any account under any transaction. Until such payment is made, the Buyer holds the Goods as MORE SOLUTIONS fiduciary agent and bailee and MORE SOLUTIONS may at any time request the return of any of the Goods which have not been paid for and which are in the possession or control of the Buyer.
2. The buyer may not transfer ownership of the goods to any other party until paid for in full without the written permission of the managing director of MORE SOLUTIONS. Transfer of the goods to other parties prior to payment in full or the written permission of MORE SOLUTIONS will make the current holder liable for the cost of the goods if not paid in full by the buyer.
3. The risk in the Goods will pass to the Buyer in accordance with paragraph 3 of the Contract irrespective of property in the Goods remaining with MORE SOLUTIONS.
4. The Buyer shall keep and store the Goods separately and so as to enable them to be identified as MORE SOLUTIONS’ property. In particular the Buyer shall record the serial number of, and the invoice number relating to each of the Goods.
5. The Buyer shall keep the Goods in good merchantable condition and at its own cost fully insure them on MORE SOLUTIONS behalf for an amount which is not less than the price. The proceeds of this insurance shall be held on trust for MORE SOLUTIONS.
6. Subject to sub-paragraph 4.7 the Buyer may sell the Goods in the ordinary course of business at a price not less than the Contract price. However, although as between the parties to this Contract the Buyer shall sell as the fiduciary agent and bailee of MORE SOLUTIONS, as between the Buyer and its customer, the Buyer alone (to the exclusion of MORE SOLUTIONS) shall bear all liabilities and obligations (contractual, tortious, statutory or otherwise) of a supplier or seller under or in connection with such sale and, subject to paragraphs 5 and 6 below, shall keep MORE SOLUTIONS indemnified accordingly.
7. The Buyer shall immediately notify MORE SOLUTIONS if it or its directors intend to present a petition for the making of an administration order or if it is aware of any such intention on the part of any of its creditors.4.8 The Buyer’s authority to possess or sell the Goods shall forthwith terminate upon the occurrence of any of the events referred to in sub-paragraph 8.1 (a) and (b).
8. MORE SOLUTIONS may repossess the Goods in accordance with subparagraph 4.5 and for this purpose the Buyer grants to MORE SOLUTIONS an irrevocable licence to enter the Buyer’s premises or any other premises in the occupation or control of the Buyer where the Goods are or are believed by the Buyer to be located and remove the Goods. Even before the authority referred to in that paragraph has terminated, representatives of MORE SOLUTIONS may at any time enter such premises to inspect the Goods.
GUARANTEE
1. MORE SOLUTIONS guarantees, subject to sub-paragraphs 3.4 and 5.2, that for the period of twelve months from delivery, all goods will conform to the applicable MORE SOLUTIONS specification. MORE SOLUTIONS will provide a copy of the specification on request.
2. MORE SOLUTIONS shall at its option replace, repair or refund the purchase price of any Goods (which for the purpose of this paragraph 5 shall include any replacement Goods issued to the Buyer pursuant to this paragraph) proved to its reasonable satisfaction:
  (i) to have been delivered short; or
  (ii) not to confirm to the applicable MORE SOLUTIONS specification (“defect”);
  provided in each case:
  1. the short delivery or defect is not one that the Buyer should have notified, or did notify, to MORE SOLUTIONS pursuant to sub-paragraph 3.3; and
  2. the Buyer as soon as reasonably practicable and in no event later than twelve months after delivery informs MORE SOLUTIONS of the alleged short delivery or defect and if requested by MORE SOLUTIONS returns the Goods, carriage paid; and
  3. no unauthorised repairs or alterations have been made to the defective Goods; and
  4. the Goods have been stored, installed, maintained and used in the proper environment, with reasonable care and the Buyer provides full information and documentation to verify compliance with these conditions.
3. Any defective Goods shall on replacement become MORE SOLUTIONS’ property.
4. For any Goods to which the guarantee set out in paragraph 5 does not or no longer applies, MORE SOLUTIONS will endeavour to provide servicing facilities at MORE SOLUTIONS’ tariff and on MORE SOLUTIONS’ terms from time to time in force.
LIMITATION OF LIABILITY
1. Without affecting MORE SOLUTIONS’ liability at law for personal injury or death, MORE SOLUTIONS’ liability to the Buyer for failure of the Goods to conform to the applicable specification (whether caused by negligence or otherwise) shall be limited to the Buyer’s loss arising from:
  a) physical damage to tangible property other than the Goods; or
  b) loss of use of tangible property other than the Goods;
  and shall not exceed £1,000 in respect of claims made by the Buyer in any one period of twelve months beginning 1st May in any year.
2. Subject to 6.1, MORE SOLUTIONS shall not be liable to the Buyer for any loss, expense or damage of any kind (direct, indirect, financial or consequential and whether arising from negligence or otherwise) resulting from the supply of the Goods or from the Buyer’s use, possession or resale of the Goods, or from any other act or omission of MORE SOLUTIONS.
PROPRIETARY RIGHTS
1. All copyright, patent, trade secret and other proprietary and intellectual property rights in the Goods, their picking and all information which MORE SOLUTIONS may provide to the Buyer or its agents shall (as between the parties) at all times remain vested in MORE SOLUTIONS, and the Buyer shall not acquire any intellectual property rights or (subject to paragraph 7.2) licence relating to the Goods; and may not copy or imitate the Goods.
2. MORE SOLUTIONS grants the Buyer a licence to use in conjunction with the Goods any computer software or firmware which forms part of the Goods.
3. The Buyer shall (both during and after completion of this Contract) treat as confidential all confidential information which MORE SOLUTIONS may make available to it and shall only use or disclose it as may be necessary to enable it to use or market the Goods.
TERMINATION OF THIS CONTRACT
1. MORE SOLUTIONS shall have the right to terminate this Contract immediately without affecting its accrued rights by giving notice to the Buyer if:
  1. the Buyer defaults in the payment in its due date of any sum under or pursuant to any transaction under this Contract or commits any continuing or serious breach of this Contract and fails to remedy such breach (if remediable) within 10 days notice to do so; or
  2. any of the following events occur:-
    1. distress of execution is levied against any of the Buyer’s assets and is not paid or discharged within seven days; or a judgement against the Buyer remains unsatisfied for more than seven days; or a receiver is appointed with respect to any of the Buyer’s assets; or
    2. a petition is presented for the winding up of or for an administration order to be made in relation to the Buyer; or a resolution passed for the Buyer’s winding up (other than a members’ voluntary winding up for the purposes of amalgamation or reconstruction on terms approved in writing by MORE SOLUTIONS); or
    3. the Buyer suspends or threatens to suspend payment of its debts or is deemed unable to pay its debts for the purposes of section 123 Insolvency Act 1986; or ceases or threatens to cease to carry on its business or any material part as a going concern; or as a result of any change in the powers, business or circumstances of the Buyer it is unlikely to be in a position to fulfil the Contract or any transaction pursuant to it; or
    4. any event in a foreign jurisdiction analogous to, or comparable with (i) to (iii) above; or
  3. at any time MORE SOLUTIONS has reasonable grounds to believe that any of the events mentioned in (a) and (b) above is likely to happen within a period of three months thereafter.
  4. On termination of this Contract for any reason:
    1. MORE SOLUTIONS shall be discharged from any further liability to perform under the Contract;
    2. the Buyer shall pay MORE SOLUTIONS on demand for all work performed by MORE SOLUTIONS for the Buyer prior to termination; and
    3. MORE SOLUTIONS is granted an irrevocable licence to enter the Buyer’s premises to recover any Goods or other materials which are Company’s property.
RECRUITMENT INTRODUCTION
1. The Supplier agrees to pay MORE SOLUTIONS an introduction fee equal to 20% of the first year’s salary, or £4000 which ever is the higher, for any members of staff employed directly from MORE SOLUTIONS by the Buyer.
2. In the event that the employee leaves the buyer’s employment in the first 1 month then 80% of the fee will be refunded, in the second month 50% of the fee and after 3 months no fee will be refunded.
GENERAL
1. The Contract shall in all respects be governed by English Law. The parties submit to the jurisdiction of the English courts.
2. The construction of the Contract is not to be affected by any heading. Any variation to this Contract shall only be binding if it is recorded in a document signed by a director of MORE SOLUTIONS.
3. Notices shall be given by hand to a director, or by being sent to a parties address of facsimile, telex or registered post and by airmail where appropriate. Each party shall promptly notify to the other in writing any change of address or of telex or facsimile numbers.
4. MORE SOLUTIONS shall not be liable in any way for any failure to perform its obligations or for loss, damage or delay incurred by the Buyer resulting from circumstances beyond MORE SOLUTIONS reasonable control.
5. It is the Buyer’s obligation to acquaint itself and to comply with all applicable requirements and restrictions imposed by governmental and other authorities or corporations relating to the possession, use, import, export or resale of the Goods.
6. Failure by MORE SOLUTIONS to exercise any of its rights shall not be a waiver of forfeiture of such rights