TERMS AND CONDITIONS OF SALE
A. UK BUSINESS TO BUSINESS SALES
B. EU AND EXPORT SALES
MIKE STOANE LIGHTING GENERAL CONDITIONS OF SALE
A. UK BUSINESS TO BUSINESS SALES
1. GENERAL
a. In these General Conditions of Sale (“these Conditions”) the “Company” means Stoane Lighting Ltd; the “goods” means the goods agreed to be supplied by the Company and shall where required include services; the “Purchaser” means the person, firm or corporation which has agreed to buy the goods.
b. These Conditions shall apply to and form part of every contract of sale entered into between the Company and the Purchaser to the exclusion of any other terms submitted at any time by the Purchaser and may not be varied without the prior consent in writing of the Company. The Company reserves the right to accept or reject any order received from the Purchaser and to deliver minimum quantities either by value or by reference to quantity of the goods in question.
c. Reference to writing or any form of communication between the parties shall include facsimile and communication by electronic means.
2. QUOTATIONS
a. Quotations submitted by us shall be valid for the period stated, or where no period is stated then for a period of 30 days from the date of issue.
b. To avoid higher prices being applied to any contract the Purchaser must ensure that the quotation reference number is quoted in all purchase orders made by the Purchaser in response to quotations from the Company or where special price agreements are applicable.
c. Orders for additional or spare units after initial order will be subject to minimum order quantity costs and may be charged at a higher rate, as all products are made to order. Stoane Lighting recommend allowing for spare units with the initial order.
3. PRICES
a. The price payable for goods shall exclude delivery and exclude VAT and unless otherwise stated in writing will be the price agreed between the Company and the Purchaser, or if there is no agreement as to price, the Company’s list price at the date of invoice. Delivery will be charged where incurred.
b. Any query by the Purchaser relating to an invoice must be made within 14 days of invoice date.
c. The Company reserves the right to vary the price of goods to take account of any variations in costs including but not restricted to; foreign exchange fluctuation, variations in the costs of wages, materials and other costs of manufacture and distribution, taking effect between quotation and delivery.
4. CANCELLATION
a. If the purchaser cancels their order the company reserves the right to charge a cancellation charge of up to 100%. The company undertakes to calculate charges fairly and any cancellation charge will be calculated based on the amount of work that has been done on the cancelled order up to the date of cancellation and not on any other basis. Our minimum cancellation charge is a £100 admin charge which will be charged on any order which is cancelled after it has been processed.
5. PAYMENT
a. All first orders are required to be paid on a pro-forma basis. After a trading relationship has been established, we will consider applications for credit.
b. Credit terms are 30 days from invoice date. We reserve the right to refuse future credit if our terms of payment are not met.
c. Discounts offered on our invoices are subject to payment being made within our terms. If payment is not made within 30 days of date of invoice discounts are no longer valid.
d. Stoane Lighting Ltd understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed term
6. OVERSEAS SHIPMENTS
These terms and conditions govern UK business to business sales. Export sales are handled via our local representatives. We acknowledge that in some cases goods purchased in a UK business to business sale can ultimately be used on a project outside the UK. In these cases the purchaser must be aware that:
a. The Purchase order should be between a UK company and Stoane Lighting; we are only able to invoice the UK company and the payment should also from them, (in the UK)
b. We cannot take responsibility for shipping overseas or providing paperwork, certificates or specific overseas test reports to facilitate this
c. We cannot provide any prices in anything other than GBP
d. Our return to base warranty stands – we are not able to provide any local aftersales
If you require a more comprehensive package of supply, support and aftercare then the order should be placed via our local overseas representative.
7. DELIVERY AND PACKING
a. All dates for delivery of goods are given in good faith but are approximate and shall not be of the essence of the contract. Delivery dates are calculated from the date of acceptance by the Company of the order from the Purchaser.
b. The Company will not accept any penalties for late delivery.
c. Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more instalments or any claim by the Purchaser under these conditions shall not entitle to Purchaser to reject further instalments or cancel any further contract.
d. The Purchaser will sign the delivery note for receipt of the goods. If the Purchaser signs “unexamined” the Company will deem this to be an acknowledgment of the receipt of all pallets, boxes, cartons, or packages specified in the delivery note.
e. The Company will only consider claims for non-delivery or damage in transit if notice is received in writing within seven days of the date of the delivery note. The Purchaser will retain any damaged goods for examination by the Company. The Company shall not be liable to the Purchaser for any loss or damage whatsoever if the Purchaser fails to notify the Company in accordance with this clause.
f. All packaging and shipping material is included in our deliveries and should be disposed of responsibly by the Purchaser unless otherwise agreed in advance in writing and a sound environmental case to offer an alternative route has been made.
g. Stoane Lighting operate under a Zero to landfill policy and endeavour to only use recyclable and/or biodegradable packing materials that are sourced responsibly. Where possible and viable reused packaging may be utilised. On rare occasion non-recyclable materials may be used in order to ensure goods arrive in prime condition or to reduce significant shipping weight from an energy perspective.
h. Carriage as standard to UK, mainland address only. Standard next day delivery service is between 8am and 6pm. (Excludes dedicated time slot or dedicated services. These options are subject to an additional cost. Please confirm requirements at time of order).
8. VARIATIONS
a. If at any time after the receipt of an order the Purchaser wishes to make modifications or additions to the order, the Purchaser shall only be permitted to do so after obtaining the authority in writing of the Company and after the Company has agreed in writing to any variation in the price and/or any revised delivery date.
b. Any extra cost or liability to the Company incurred due to suspension of work, rescheduling of deliveries, cancellation or change in order quantity resulting from the Purchaser’s instructions or lack of instructions shall be added to the price of the goods and paid accordingly.
9. DESCRIPTIVE MATTER AND ILLUSTRATION
a. Descriptions and illustrations, particulars of weights and dimensions and performance criteria issued by the Company in it’s publicity material, catalogue and website are by way of general description and shall not form part of any contract, or give rise to any liability on the part of the Company.
b. It is the policy of the Company to develop and improve its products, and accordingly the Company reserves the right to change all specifications without prior notification or public announcement pursuant to such policy, provided that nothing in this clause shall oblige the Purchaser to accept goods which do not reasonably comply with the contract.
10. RETURN OF GOODS
a. The Company will not issue credit in respect of returned goods unless they are in a fully re-saleable condition.
b. The Company reserves the right to charge the Purchaser a handling charge which the Company may deduct from credit allowed unless the reason for any return by the Purchaser is due to any fault or breach of these conditions on the part of the Company.
c. Stoane Lighting will not always accept the return of goods due to products being made to order or if they are custom / bespoke. It is likely that if Stoane Lighting are able to accept the return, this will be subject to a restocking charge. Please contact Stoane Lighting for further information.
11. WARRANTY
The Company operates a five year return to base warranty. The Company agrees to repair or replace goods proved to the Company’s reasonable satisfaction to have failed under proper storage and use, within five years of delivery and by reason of defects due to faulty design (other than any design made, furnished or specified by the Purchaser), materials or workmanship, with the following conditions:
i. Products damaged by poor storage, handling, installation, maintenance or negligence are not covered by this warranty.
ii. In the case of defects which would have been apparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 days of delivery
iii. In the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date where the defect becomes apparent
iv. Damage, including but not limited to; non-visible damage, fading, microscopic crazing, adhesive degradation, electrical damage, must be demonstrated as resultant from manufacturing or design fault and not from activity or conditions after delivery to site.
v. MSL Products must be installed by qualified personnel in accordance with all the applicable regulations and standards. Installation should be carried out in accordance with the supplied installation instructions.
vi. Products must be installed as supplied. Any modification to the fitting will invalidate the warranty. The Company cannot be held responsible for problems caused by unauthorised changes to fittings.
vii. Where drivers/ control gear/ power supplies/ ballasts/ transformers are supplied by others we must be given the opportunity to inspect and approve prior to delivery. Where locally supplied drivers/ control gear/ power supplies/ ballasts/ transformers are not compatible and our advice has not been sought or not been followed; this may affect the warranty.
viii. Batteries in lighting equipment.
Batteries can be used in both emergency lighting equipment and with general purpose battery operated lighting. Our full 5 year warranty does not apply to batteries as they are consumable items.
For emergency lighting lifetime varies between manufacturers, battery makeup and the operating conditions (temperature) It is important that the batteries last the full duration of a discharge test, information on periodic testing regimes and required duration timing is supplied with all emergency equipment. Whilst battery manufacturers design batteries to last, they must be replaced if they fail the duration testing.
For general purpose battery powered lighting battery life still depends on manufacturer, battery makeup and temperature, here life is often defined in terms of max cycles of charge to discharge.
ix. All connections to fittings must be made with connectors suitable for the environment. Water ingress into fittings through use of unsuitable connectors or improper use of connectors will invalidate warranty.
x. LED Equipment is susceptible to static damage and overvoltage. Before handling or connecting to the mains supply, please ensure that all products are protected from static discharge and that the mains supply is to regulation (230V +10 -6%). The Company cannot be held responsible for fittings damaged by use of an unsuitable power supply or poor anti-static management.
xi. The mounting surface must be suitable for the installation of the fitting. The weight of the fitting and the suitability of the fixing method must be considered at the point of installation. Suspended fittings must be checked as part of annual maintenance and any concerns reported to Mike Stoane Lighting. Stability of the fixing surface and structure must be adequate for the load imposed on it.
xii. Installation of downlights must not compromise any fire barrier offered by your ceiling. Heat sinks and fan assisted lamps must be kept free from dust and well ventilated to ensure long term reliability and light quality. Insulation must be kept away from the rear of the fitting. Beware of heat build-up in restricted spaces and of radiated backspill. Observe F Mark recommendations regarding mount surface suitability.
xiii. Emergency fittings and gear must be installed as per BS5266 part 1 Emergency Lighting. It is a legal requirement in the UK that the owner or occupier of a building provides, tests, and maintains an emergency lighting system in accordance BS5266. An accurate record of these tests must be available for inspection by the relevant authority. The Company will provide a blank test record for this purpose.
xiv. All fittings are subject to an approval process before manufacture. The Company does not accept responsibility for products which are approved without due consideration to the installation, environment, or location.
xv. Where defects have occurred because the light fitting has been used with a light source other than that that was originally supplied / intended for use with it then our warranty is void.
xvi. This warranty excludes lamps and control gear that fail within expected margins. Retrofit LED lamps are only covered under our MSL warranty for one year, although their own manufacturers may warranty them for longer.
xvii. Where in discharge of its obligations under this clause the Company agrees that the Purchaser may undertake any repair work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the commencement of such work
xviii. This warranty extends to repair or replacement of the supplied goods only and does not extend to shipping, labour, access or any other specialist or consequential costs.
xix. Please note that Stoane Lighting offer a ReNew service, whereby products can be repaired and upgraded with the warranty being reset. Please contact Stoane Lighting for options and pricing.
xx. Extended warranties (maximum of 2 extra years) can be normally purchased for an additional cost. Please contact Stoane Lighting for a quotation or further information.
Return to base definition:
Under the warranty the Company agrees to repair or replace goods which are returned to its premises at: 20 Dryden Road, Bilston Glen Industrial Estate, Loanhead, Midlothian, EH20 9LZ. The buyer is responsible for the cost of returning the goods and collection of repaired or replacement items. The buyer is responsible for all consequential costs, including but not limited to; access costs, removal costs, re-installation costs.
12. SITE CONDITIONS: LED EQUIPMENT, VOLTAGE, STATIC DAMAGE, INSTALLATION AND MAINTENANCE
MSL strive to ensure best compatibility between LEDs, drivers and control systems (where known) but it is the duty of the purchaser to confirm satisfactory compatibility between these elements in advance of ordering. MSL will assist where viable.
Stoane Lighting will not be held responsible for damage to fittings caused by drivers / power supplies supplied by others.
LED equipment is more susceptible to static and overvoltage damage than previous lighting technology. Before handling or connection to the mains supply ensure that all MSL products are protected from static discharge and that the mains supply is to regulation. (230V +10 -6%) Monitoring of the supply voltage may be advisable in areas where there is any doubt as to its stability/quality. MSL can advise on the suitability and installation of voltage monitoring equipment and in some cases will recommend the installation of surge protection/transient suppressors. Please note that during the construction phase of a project due to site equipment the chances of transients and out of spec voltages are increased, consideration should be given to the most appropriate time for installation and commissioning of lighting installations.
Where an LED, COB, Array, or "Light engine" ceases to be available Stoane Lighting may not be able to supply like for like repeat orders, repairs, or maintenance spares. However, Stoane Lighting will always endeavour to offer an equal equivalent should such circumstances arise. Out with the duration of our warranty Stoane Lighting offer a ReNew service. Contact Sales for more information.
Stoane Lighting design luminaires such that light sources operate in temperature conditions as defined by light source manufacturers. As such Stoane Lighting can be sure they are covered by the terms the light source manufacturers offer with them. Light source manufacturer warranties vary in their coverage and duration, however Stoane lighting will cover under their warranty light source total failures in the warranty period as long as other warranty conditions are met. Lumen depreciation and colour shift warranties vary greatly amongst light source suppliers and is not specifically covered in the Stoane lighting warranty unless otherwise stated.
Stoane Lighting are not responsible for the suitability of the mounting material or environment of installation. Stoane Lighting can advise on suitable materials or mount methods if required. It is the installer’s responsibility to ensure that the mounting surface/structure is suitable for the installation of the supplied fixtures. If the mounting method differs from what is recommended by Stoane Lighting, then it is the installers responsibility to ensure the fixture is mounted safely and securely.
All suspension installations should be inspected by a competent person at least once a year.
Note that fixtures can be damaged by various environmental conditions. A finish or material purchased should be suitable for the installed environment. Any adverse conditions that the fixtures will be subjected to should be communicated with SL prior to order so that appropriate recommendations can be made (e.g., high winds, extreme UV light, salt water or very high or low temperatures) and remain the responsibility of the Purchaser to mitigate
ATEX certifications are available on products at an extra cost and leadtime. Please provide details to Stoane Lighting at point of specification.
It is the installer’s responsibility to ensure mains feed cables are suitable for the luminaire being installed. Stoane Lighting will provide powering details for the luminaires via approvals and instructions, to allow the installer to plan appropriately. Please request in advance if required.
Stoane Lighting will at times supply drivers, power supplies and control gear that will be located remotely from the light fittings. In these cases it is the responsibility of the installer to make sure all mounting instructions are followed, environmental conditions met and specific warnings noted and accounted for.
If products are damaged on site or during installation or fail to function as anticipated, please contact Stoane Lighting with further details prior to returning the goods or attempting a repair on site.
If fittings / products have been installed incorrectly or damaged on site, Stoane Lighting may charge for any repair and work carried out following inspection of said equipment.
Specific cleaning instructions for your product can be found within the supplied instructions. Contact Stoane Lighting prior to intervention if more information or assistance is required
Equipment that communicates wirelessly - Stoane Lighting recommends that a site survey takes place in advance to ensure that the range of the radios within the fittings/control devices are suitable for the application. Guidance can be provided on wireless range and protocols and support can be provided in selecting the most robust and suitable control system for the environment. Additional components can be purchased to enhance wireless range if required.
When required to provide equipment with control, (be that wired or wireless) Stoane Lighting will always endeavour to source equipment of reputable provenance and sound resilience but are not liable for implications or material impact of hardware or protocol ceasing to be available on the market or be supported.
Building management system integration is the responsibility of the Purchaser/Commissioner. Any control or electrical issues identified, arising from the building control system (or similar) are outwith the responsibility of Stoane Lighting.
13. DIGITAL SECURITY
Where we supply digital equipment with the potential to be connected to networks, physically or wirelessly (i.e. Bluetooth, WiFi, DMX radio etc.), we do not take responsibility for the digital security of the equipment or associated networks. It is the Purchaser’s responsibility to select a protocol suitably robust for their requirements and to ensure responsible utilisation of passwords
14. COPYRIGHT
All drawings, descriptions and other information submitted by the Company shall remain the property of the Company, together with the copyright there-in.
15. FORCE MAJEURE
The Company shall be entitled without liability on it’s part and without prejudice to its other rights, to terminate the contract or any unfulfilled part thereof, or at it’s option to suspend or make partial deliveries or extend the time or times for delivery, if the manufacture of the goods by the Company or the Company’s suppliers, or the delivery of goods, or the performance by the Company of any of it’s obligations under the contract is hindered or delayed whether directly or indirectly by reason of the Purchaser failing to furnish necessary instructions or information, or by reason of any industrial dispute or any cause beyond the reasonable control of the Company, or it’s subcontractors, whether or not such cause exists at the date of the Purchaser’s order.
16. PASSING OF PROPERTY OR RISK
a. The risk in the goods shall pass to the Purchaser immediately on delivery to or collection of goods by the Purchaser.
b. The property in the goods shall remain with the Company until payment in full for all the goods and all other goods agreed to be sold by the Company to the Purchaser for which payment is then due, has been received by the Company in accordance with the terms of the contract.
c. The Company hereby grants the Purchaser the right to resell the goods, but not as the Company’s agent, such right being terminable at the discretion of the Company but in any event upon the insolvency of the Purchaser.
d. Until such payment as aforesaid has been received in full by the Company, the Purchaser shall be under an obligation to redeliver the goods to the Company if the Company so requires and the Company shall be entitled at any time to retake possession of the goods for that purpose to enter upon any land or premises of the Purchaser where the goods may be for the time being.
e. The Company shall be entitled, where the goods have been fixed or attached to any other product, to detach the goods in order to recover possession of them. Such redelivery or retaking of possession shall be without prejudice to the obligation of the Purchaser to purchase the goods.
17. PURCHASERS BREACH
In the event of the Purchaser committing any breach of the contract, or if any distress or execution is levied upon the Purchaser, his goods or assets, or if the Purchaser enters into any negotiations for arrangement or composition with or for the benefit of his creditors or commits any act of bankruptcy of if any petition into bankruptcy shall be presented against him, or if, being a corporate body, the Purchaser shall be wound up or if any resolution is proposed or petition is presented to wind up the Purchaser (not being a members’ voluntary winding up for the purpose of reconstruction or amalgamation without insolvency), or if an administrator or receiver of the Purchasers assets or undertaking or any part thereof shall be appointed or if the Purchaser shall be deemed to be unable to pay it’s debts, the Company shall be entitled, without prejudice to any other claim or right or remedy which it may have, forthwith to suspend any or all deliveries until the default has been made good or to determine the contract or any unfulfilled part thereof.
18. LAW
All contracts to which these General Conditions of Sale apply shall be governed by and construed in accordance with Scottish law.
MIKE STOANE LIGHTING CONDITIONS OF SALE
A. EU AND EXPORT SALES
1. GENERAL
a. In these General Conditions of Sale (“these Conditions”) the “Company” means Mike Stoane Lighting Ltd; the “goods” means the goods agreed to be supplied by the Company and shall where required include services; the “Purchaser” means the person, firm or corporation which has agreed to buy the goods.
b. These Conditions shall apply to and form part of every contract of sale entered into between the Company and the Purchaser to the exclusion of any other terms submitted at any time by the Purchaser and may not be varied without the prior consent in writing of the Company. The Company reserves the right to accept or reject any order received from the Purchaser and to deliver minimum quantities either by value or by reference to quantity of the goods in question.
c. Reference to writing or any form of communication between the parties shall include facsimile and communication by electronic means.
d. When products are sold into NI or EU markets through a distributor the distributor is considered to be the importer and responsible economic operator, as such there are obligations that must be fulfilled under regulation 2019/1020 such as the requirement to hold declaration of conformity documents. Stoane Lighting can supply declaration of conformity documents on request, but the importer must make sure they satisfy the requirements of the regulation.
e. All installation instructions are supplied in English Language as standard. For any export projects where the primary language is not English, it is the responsibility of the importer / agent to translate the instructions provided.
2. QUOTATIONS
a. Quotations submitted by us shall be valid for the period stated, or where no period is stated then for a period of 30 days from the date of issue.
b. To avoid higher prices being applied to any contract the Purchaser must ensure that the quotation reference number is quoted in all purchase orders made by the Purchaser in response to quotations from the Company or where special price agreements are applicable.
c. Orders for additional or spare units after initial order will be subject to minimum order quantity costs and may be charged at a higher rate, as all products are made to order. Stoane Lighting recommend allowing for spare units with the initial order.
3. PRICES
a. The price payable for goods shall exclude delivery and exclude VAT and unless otherwise stated in writing will be the price agreed between the Company and the Purchaser, or if there is no agreement as to price, the Company’s list price at the date of invoice. Delivery will be charged where incurred.
b. Any query by the Purchaser relating to an invoice must be made within 14 days of invoice date.
c. The Company reserves the right to vary the price of goods to take account of any variations in costs including but not restricted to; foreign exchange fluctuation, variations in the costs of wages, materials and other costs of manufacture and distribution, taking effect between quotation and delivery.
d. All prices are in GBP. Payment should be made in GBP.
4. CANCELLATION
a. If the purchaser cancels their order the company reserves the right to charge a cancellation charge of up to 100%. The company undertakes to calculate charges fairly and any cancellation charge will be calculated based on the amount of work that has been done on the cancelled order up to the date of cancellation and not on any other basis. Our minimum cancellation charge is a £100 admin charge which will be charged on any order which is cancelled after it has been processed.
5. PAYMENT
a. Payment is to be by Letter of Credit, payable 30 days from shipment date. LC is to be made available for confirmation by UK bank, or in advance by bank transfer.
6. DELIVERY
a. Delivery terms are EX WORKS UK.
b. All dates for delivery of goods are given in good faith but are approximate and shall not be of the essence of the contract. Delivery dates are calculated from the date of acceptance by the Company of the order from the Purchaser.
c. We will not accept any penalties for late delivery
d. Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more instalments or any claim by the Purchaser under these conditions shall not entitle to Purchaser to reject further instalments or cancel any further contract.
e. The Company will only consider claims for non-delivery or damage in transit if notice is received in writing within seven days of the date of the delivery note. The Purchaser will retain any damaged goods for examination by the Company. The Company shall not be liable to the Purchaser for any loss or damage whatsoever if the Purchaser fails to notify the Company in accordance with this clause.
f. All packaging and shipping material is included in our deliveries and should be disposed of responsibly by the Purchaser unless otherwise agreed in advance in writing and a sound environmental case to offer an alternative route has been made.
g. Stoane Lighting operate under a Zero to landfill policy and endeavour to only use recyclable and/or biodegradable packing materials that are sourced responsibly. Where possible and viable reused packaging may be utilised. On rare occasion non-recyclable materials may be used in order to ensure goods arrive in prime condition or to reduce significant shipping weight from an energy perspective.
h. Stoane Lighting may charge a storage charge if delivery is not possible at the time of order fulfilment. Minimum charge of £200. Storage is not always an option due to lack of space.
7. VARIATIONS
a. If at any time after the receipt of an order the Purchaser wishes to make modifications or additions to the order, the Purchaser shall only be permitted to do so after obtaining the authority in writing of the Company and after the Company has agreed in writing to any variation in the price and/or any revised delivery date.
b. Any extra cost or liability to the Company incurred due to suspension of work, rescheduling of deliveries, cancellation or change in order quantity resulting from the Purchaser’s instructions or lack of instructions shall be added to the price of the goods and paid accordingly.
8. DESCRIPTIVE MATTER AND ILLUSTRATION
a. Descriptions and illustrations, particulars of weights and dimensions and performance criteria issued by the Company in its publicity material, catalogue and website are by way of general description and shall not form part of any contract or give rise to any liability on the part of the Company.
b. It is the policy of the Company to develop and improve its products, and accordingly the Company reserves the right to change all specifications without prior notification or public announcement pursuant to such policy, provided that nothing in this clause shall oblige the Purchaser to accept goods which do not reasonably comply with the contract.
9. RETURN OF GOODS
a. The Company will not issue credit in respect of returned goods unless they are in a fully re-saleable condition.
b. The Company reserves the right to charge the Purchaser a handling charge which the Company may deduct from credit allowed, unless the reason for any return by the Purchaser is due to any fault or breach of these conditions on the part of the Company.
10. WARRANTY
The Company operates a five year return to base warranty. The Company agrees to repair or replace goods proved to the Company’s reasonable satisfaction to have failed under proper storage and use, within five years of delivery and by reason of defects due to faulty design (other than any design made, furnished or specified by the Purchaser), materials or workmanship, with the following conditions:
i. Products damaged by poor storage, handling, installation, maintenance or negligence are not covered by this warranty.
ii. In the case of defects which would have been apparent to the Purchaser on reasonable examination of the goods on delivery, the Purchaser shall notify the Company of the defects in writing within 14 days of delivery
iii. In the case of any other defects, the Purchaser shall notify the Company of the defects in writing within 7 working days of the date where the defect becomes apparent
iv. Damage, including but not limited to; non-visible damage, fading, microscopic crazing, adhesive degradation, electrical damage, must be demonstrated as resultant from manufacturing or design fault and not from activity or conditions after delivery to site.
v. MSL Products must be installed by qualified personnel in accordance with all the applicable regulations and standards. Installation should be carried out in accordance with the supplied installation instructions.
vi. Products must be installed as supplied. Any modification to the fitting will invalidate the warranty. The Company cannot be held responsible for problems caused by unauthorised changes to fittings.
vii. Where drivers/ control gear/ power supplies/ ballasts/ transformers are supplied by others we must be given the opportunity to inspect and approve prior to delivery. Where locally supplied drivers/ control gear/ power supplies/ ballasts/ transformers are not compatible and our advice has not been sought or not be followed this may affect the warranty.
viii. All connections to fittings must be made with connectors suitable for the environment. Water ingress into fittings through use of unsuitable connectors or improper use of connectors will invalidate warranty.
ix. LED Equipment is susceptible to static damage and overvoltage. Before handling or connecting to the mains supply please ensure that all products are protected from static discharge and that the mains supply is to regulation (230V +10 -6%). The Company cannot be held responsible for fittings damaged by use of an unsuitable power supply or poor anti-static management.
x. The mounting surface must be suitable for the installation of the fitting. The weight of the fitting and the suitability of the fixing method must be considered at the point of installation. Suspended fittings must be checked as part of annual maintenance and any concerns reported to Mike Stoane Lighting. Stability of the fixing surface and structure must be adequate for the load imposed on it.
xi. Installation of downlights must not compromise any fire barrier offered by your ceiling. Heat sinks and fan assisted lamps must be kept free from dust and well ventilated to ensure long term reliability and light quality. Insulation must be kept away from the rear of the fitting. Beware of heat build-up in restricted spaces and of radiated backspill. Observe F Mark recommendations regarding mount surface suitability.
xii. Emergency fittings and gear must be installed as per BS5266 part 1 Emergency Lighting. It is a legal requirement in the UK that the owner or occupier of a building provides, tests and maintains an emergency lighting system in accordance BS5266. An accurate record of these tests must be available for inspection by the relevant authority. The Company will provide a blank test record for this purpose.
xiii. All fittings are subject to an approval process before manufacture. The Company does not accept responsibility for products which are approved without due consideration to the installation, environment or location.
xiv. Where defects have occurred because the light fitting has been used with a light source other than that that was originally supplied / intended for use with it then our warranty is void.
xv. This warranty excludes lamps and control gear that fail within expected margins. Retrofit LED lamps are only covered under our MSL warranty for one year, although their own manufacturers may warranty them for longer.
xvi. Where in discharge of its obligations under this clause the Company agrees that the Purchaser may undertake any repair work on its behalf, the cost of such work shall be agreed in writing between the Purchaser and the Company before the commencement of such work
xvii. This warranty extends to repair or replacement of the supplied goods only and does not extend to shipping, labour, access or any other specialist or consequential costs.
xviii. Please note that Stoane Lighting offer a ReNew service, whereby products can be repaired and upgraded with the warranty being reset. Please contact Stoane Lighting for options and pricing.
xix. Extended warranties (maximum of 2 extra years) can be normally purchased for an additional cost. Please contact Stoane Lighting for a quotation or further information.
Return to base definition:
Under the warranty the Company agrees to repair or replace goods which are returned to its premises at: 20 Dryden Road, Bilston Glen Industrial Estate, Loanhead, Midlothian, EH20 9LZ. The buyer is responsible for the cost of returning the goods and collection of repaired or replacement items. The buyer is responsible for all consequential costs, including but not limited to; access costs, removal costs, re-installation costs.
11. SITE CONDITIONS: LED EQUIPMENT, VOLTAGE, STATIC DAMAGE, INSTALLATION AND MAINTENANCE
MSL strive to ensure best compatibility between LEDs, drivers and control systems (where known) but it is the duty of the purchaser to confirm satisfactory compatibility between these elements in advance of ordering. MSL will assist where viable.
Stoane Lighting will not be held responsible for damage to fittings caused by drivers / power supplies supplied by others.
LED equipment is more susceptible to static and overvoltage damage than previous lighting technology. Before handling or connection to the mains supply ensure that all MSL products are protected from static discharge and that the mains supply is to regulation. (230V +10 -6%) Monitoring of the supply voltage may be advisable in areas where there is any doubt as to its stability/quality. MSL can advise on the suitability and installation of voltage monitoring equipment and in some cases will recommend the installation of surge protection/transient suppressors. Please note that during the construction phase of a project due to site equipment the chances of transients and out of spec voltages are increased, consideration should be given to the most appropriate time for installation and commissioning of lighting installations.
Where an LED, COB, Array, or "Light engine" ceases to be available Stoane Lighting may not be able to supply like for like repeat orders, repairs, or maintenance spares. However, Stoane Lighting will always endeavour to offer an equal equivalent should such circumstances arise. Out with the duration of our warranty Stoane Lighting offer a ReNew service. Contact Sales for more information.
Stoane Lighting design luminaires such that light sources operate in temperature conditions as defined by light source manufacturers. As such Stoane Lighting can be sure they are covered by the terms the light source manufacturers offer with them. Light source manufacturer warranties vary in their coverage and duration, however Stoane lighting will cover under their warranty light source total failures in the warranty period as long as other warranty conditions are met. Lumen depreciation and colour shift warranties vary greatly amongst light source suppliers and is not specifically covered in the Stoane lighting warranty unless otherwise stated.
Stoane Lighting are not responsible for the suitability of the mounting material or environment of installation. Stoane Lighting can advise on suitable materials or mount methods if required. It is the installer’s responsibility to ensure that the mounting surface/structure is suitable for the installation of the supplied fixtures. If the mounting method differs from what is recommended by Stoane Lighting, then it is the installers responsibility to ensure the fixture is mounted safely and securely.
All suspension installations should be inspected by a competent person at least once a year.
Note that fixtures can be damaged by various environmental conditions. A finish or material purchased should be suitable for the installed environment. Any adverse conditions that the fixtures will be subjected to should be communicated with SL prior to order so that appropriate recommendations can be made (e.g., high winds, extreme UV light, salt water or very high or low temperatures) and remain the responsibility of the Purchaser to mitigate.
ATEX certifications are available on products at an extra cost and leadtime. Please provide details to Stoane Lighting at point of specification.
It is the installer’s responsibility to ensure mains feed cables are suitable for the luminaire being installed. Stoane Lighting will provide powering details for the luminaires via approvals and instructions, to allow the installer to plan appropriately. Please request in advance if required.
Stoane Lighting will at times supply drivers, power supplies and control gear that will be located remotely from the light fittings. In these cases it is the responsibility of the installer to make sure all mounting instructions are followed, environmental conditions met and specific warnings noted and accounted for.
If products are damaged on site or during installation or fail to function as anticipated, please contact Stoane Lighting with further details prior to returning the goods or attempting a repair on site.
If fittings / products have been installed incorrectly or damaged on site, Stoane Lighting may charge for any repair and work carried out following inspection of said equipment.
Specific cleaning instructions for your product can be found within the supplied instructions. Contact Stoane Lighting prior to intervention if more information or assistance is required.
Equipment that communicates wirelessly - Stoane Lighting recommends that a site survey takes place in advance to ensure that the range of the radios within the fittings/control devices are suitable for the application. Guidance can be provided on wireless range and protocols and support can be provided in selecting the most robust and suitable control system for the environment. Additional components can be purchased to enhance wireless range if required.
When required to provide equipment with control, (be that wired or wireless) Stoane Lighting will always endeavour to source equipment of reputable provenance and sound resilience but are not liable for implications or material impact of hardware or protocol ceasing to be available on the market or be supported.
Building management system integration is the responsibility of the Purchaser/Commissioner. Any control or electrical issues identified, arising from the building control system (or similar) are outwith the responsibility of Stoane Lighting.
12. DIGITAL SECURITY
Where we supply digital equipment with the potential to be connected to networks, physically or wirelessly (i.e. Bluetooth, WiFi, DMX radio etc.), we do not take responsibility for the digital security of the equipment or associated networks. It is the customer’s responsibility to select a protocol suitably robust for their requirements and to ensure responsible utilisation of passwords
13. COPYRIGHT
All drawings, descriptions and other information submitted by the Company shall remain the property of the Company, together with the copyright there-in.
14. FORCE MAJEURE
The Company shall be entitled without liability on it’s part and without prejudice to its other rights, to terminate the contract or any unfulfilled part thereof, or at it’s option to suspend or make partial deliveries or extend the time or times for delivery, if the manufacture of the goods by the Company or the Company’s suppliers, or the delivery of goods, or the performance by the Company of any of it’s obligations under the contract is hindered or delayed whether directly or indirectly by reason of the Purchaser failing to furnish necessary instructions or information, or by reason of any industrial dispute or any cause beyond the reasonable control of the Company, or it’s subcontractors, whether or not such cause exists at the date of the Purchaser’s order.
15. PASSING OF PROPERTY OR RISK
a. The risk in the goods shall pass to the Purchaser immediately on delivery to or collection of goods by the Purchaser.
b. The property in the goods shall remain with the Company until payment in full for all the goods and all other goods agreed to be sold by the Company to the Purchaser for which payment is then due, has been received by the Company in accordance with the terms of the contract.
c. The Company hereby grants the Purchaser the right to resell the goods, but not as the Company’s agent, such right being terminable at the discretion of the Company but in any event upon the insolvency of the Purchaser.
d. Until such payment as aforesaid has been received in full by the Company, the Purchaser shall be under an obligation to redeliver the goods to the Company if the Company so requires and the Company shall be entitled at any time to retake possession of the goods for that purpose to enter upon any land or premises of the Purchaser where the goods may be for the time being.
e. The Company shall be entitled, where the goods have been fixed or attached to any other product, to detach the goods in order to recover possession of them. Such redelivery or retaking of possession shall be without prejudice to the obligation of the Purchaser to purchase the goods.
16. PURCHASERS BREACH
In the event of the Purchaser committing any breach of the contract, or if any distress or execution is levied upon the Purchaser, his goods or assets, or if the Purchaser enters into any negotiations for arrangement or composition with or for the benefit of his creditors or commits any act of bankruptcy of if any petition into bankruptcy shall be presented against him, or if, being a corporate body, the Purchaser shall be wound up or if any resolution is proposed or petition is presented to wind up the Purchaser (not being a members’ voluntary winding up for the purpose of reconstruction or amalgamation without insolvency), or if an administrator or receiver of the Purchasers assets or undertaking or any part thereof shall be appointed or if the Purchaser shall be deemed to be unable to pay it’s debts, the Company shall be entitled, without prejudice to any other claim or right or remedy which it may have, forthwith to suspend any or all deliveries until the default has been made good or to determine the contract or any unfulfilled part thereof.
17. LAW
All contracts to which these General Conditions of Sale apply shall be governed by and construed in accordance with Scottish law.