Terms and Conditions

Terms and Conditions for website usage

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Remote Controlled Lighting Ltd's (RCL) relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'RCL' or 'us' or 'we' refers to the owner of the website whose registered office is 42 Riverside Road, London, SW17 0BA. Our company registration number is 4129710, registered in England. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences. 
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

 

RCL Terms and Conditions of Sale

  1. Any deliveries and/or services shall be subject to the present conditions and to any specific contractual agreements that may exist between the Seller (Remote Controlled Lighting) and the Buyer. Deviating conditions of purchase of the Buyer do not become part of the contract even if an order is accepted. Unless otherwise specifically agreed, a contract is concluded when confirmed in writing by the Seller.

  2. All types of contract as well as modifications and/or additions must be made in writing. Oral agreements shall only be binding for the Seller if confirmed by the Seller in writing.

  3. Every effort is made to avoid errors in websites, catalogues, specifications and other data. Remote Controlled Lighting hereby disclaims any liability, of any nature whatsoever, for service or labour charges in connection with errors in measurement, prices or specifications. Remote Controlled Lighting reserves the right to change, without notice, specifications and materials, which in our opinion do not alter the function of the product.

  4. Unless otherwise specifically agreed, prices apply EXW (acc. to Incoterms® 2010) at our warehouse in the UK, including loading in the works and excluding packaging and unloading.

  5. The Seller reserves the right, by giving Written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions. Prices quoted for catalogued, tailored or any specially manufactured items must be issued, in writing, from Remote Controlled Lighting and are valid for Thirty (30) days from date of issue, unless revoked by the Seller prior to acceptance.

  6. Unless otherwise specifically agreed, payment shall be made pro-forma without any counterclaim, deduction or set off to our account.

  7. Shipping dates are an estimate and will be recognized from the date that the Seller has all the necessary information available which is required to process the order (release date). If delivery dates are specified, they cannot be guaranteed and are estimates only. Orders are accepted with the understanding that the Seller is not obligated to make deliveries by any specific dates and assumes no liability for damages due to delay in filling the order. The Seller shall not be liable for late deliveries or non-deliveries due to any cause beyond the Seller's control interfering with production, delivery, transportation or acceptance of its goods. Quantities so affected may be eliminated without liability, but the orders shall otherwise remain unaffected. If by reason of any such cause provided for herein the Seller's supply and materials specified in the Buyer's order shall be limited, the Seller shall have the right to allocate its available supply to any other Buyer(s), without liability.

  8. Should dispatch, or as the case may be, acceptance of the goods, be delayed for reasons for which the Buyer is responsible, it shall be charged the cost incurred for such delay, starting one month following its declaration of readiness for dispatch or, as the case may be, acceptance.

  9. The Buyer may withdraw from the contract without prior notice if, prior to the passing of risk, it becomes irrevocably impossible for the Seller to complete the performance. In addition, the Buyer may withdraw from the contract if performance of a part of the delivery becomes impossible and he has a legitimate interest in rejecting the partial delivery. If this is not the case, the Buyer shall pay the contractual price attributable to the partial delivery. The same shall apply mutatis mutandis if the Seller is unable to perform. Furthermore, Article 12 shall apply. If the incapacity materializes during a delay of acceptance or if the responsibility for the circumstances is solely or predominantly with the Buyer, the latter shall be obliged to pay the agreed price.

  10. The risk shall pass on to the Buyer as soon as the goods have left the Seller ́s factory site, even if partial deliveries are executed or other obligations have been assumed by the Seller, e.g. dispatch costs or transportation and installation/assembling. In case the goods are dispatched free of carriage, the shipment shall be on Buyer ́s risk and the Seller shall not be obliged to insure the goods (CPT acc. to Incoterms® 2010). The transfer of risk shall pass upon handing over to the carrier.

  11. The Seller reserves the title to the goods until all payments due from the delivery contract, and also with respect to any additional services performed, have been fully paid. Unless the purchase price is not fully paid the Buyer shall neither sell nor pledge the goods nor use them as collateral. He shall notify the Seller forthwith of any pledges or seizures or other acts of intervention by a third party. Where the Buyer is in breach of the contract, in particular if he defaults on any payment, the Seller, following a reminder, is entitled to take back the goods and the Buyer shall be obliged to return them. To be able to invoke the retention of title and demand the return of the goods, the Seller shall first have to withdraw from the contract.

  12. The goods sold hereunder are sold with all faults and "AS IS". All warranties, express or implied, including any warranties of merchantability, usage of trade and fitness for a particular use are disclaimed, provided however that Remote Controlled Lighting warrants to the original Buyer that its products have been carefully inspected to be free of defects of workmanship and materials when installed and used as intended. Any alteration or abuse or misuse of the goods shall void this warranty. Remote Controlled Lighting, at its sole option, will repair or replace, Ex-works our UK warehouse any Remote Controlled Lighting product that is defective in workmanship or materials. Any such repair or replacement shall be the exclusive remedy against Remote Controlled Lighting. This warranty is effective for two (2) years from the date of invoice. Any implied warranty, including the warranty of merchantability and/or warranty of fitness for a particular use or purpose are hereby excluded and do not apply to this, or any other sale by Remote Controlled Lighting. This warranty cannot be modified by any oral agreement or understanding and may only be modified in writing signed by a director of Remote Controlled Lighting. This warranty is void if the products are repaired or altered outside the Remote Controlled Lighting factory. Ballasts, drivers, power supplies and other control interfaces are not covered by any warranty by Remote Controlled Lighting but may be covered by a separate manufacturer’s warranty as these components are not manufactured by Remote Controlled Lighting. For LED fixtures different conditions might apply – see product specifications for details.

  13. No liability is assumed in the following cases without limitation: Unsuitable or inappropriate use (misuse), defective installation and/or putting into operation by the Buyer or a third party, normal wear and tear, inappropriate or careless treatment, faulty maintenance, defective building work, unsuitable building site, or electrical influences as far as not caused by the Seller.

  14. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.

  15. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.

  16. The Seller shall not be liable for any charges or costs incurred by the Buyer for any cause or reason, including, but not limited to, delay caused by the Seller and/or any warranty claim. In no event shall the Seller be liable for prospective or speculative profits, or special, indirect or consequential damages. The remedies of the Buyer set forth herein are exclusive and the liability of the Seller with respect to any contract or sale or anything done in connection therewith, whether in contract, tort (including the Seller's negligence), under any warranty or otherwise, shall not exceed the price of the product on which liability is based.

  17. This Agreement and any legal matters that may arise out of or in connection with this Agreement shall be subject to and construed exclusively in accordance with the laws of England & Wales excluding the United Nations Convention on the International Sale of Goods (CISG). The venue shall be the court competent at the place of the Seller’s place of business.

  18. The costs of any arbitration fees and/or expenses shall be added to the outstanding amount due to the Seller in addition to interest and attorney’s fees. In any action commenced by the Seller, whether on the arbitrator's award or otherwise, United Kingdom Law shall govern and Buyer waives the defense of lack of personal jurisdiction.

  19. To full extent permitted by law, the Buyer waives the right to interpose or assert any counterclaim in any action or arbitration by the Seller to enforce payment of its invoices.

  20. No sales representative of Remote Controlled Lighting Ltd has any authority to alter, vary or waive any of the terms and conditions contained herein. Any other agreements must be made in writing and signed by a Director of Remote Controlled Lighting Ltd.

  21. All sales are final and no merchandise may be returned unless consent is given in writing by the Seller. The Buyer expressly agrees not to back-charge the Seller or take a credit against any amount owed to the Seller for any reason without first obtaining written authorization.

  22. We cannot offer refunds on Custom or Tailored products. Returns for standard products will only be accepted if Remote Controlled Lighting issues a Return Material Authorization form. (“RMA”) Any request for a RMA must be made, in writing, within Thirty (30) days of the invoice date. All returns are subject to a minimum 40% restocking charge; all freight and reconditioning charges are the responsibility of the Buyer. All original packaging and documentation must be present and goods must be in original, sellable condition. All ‘short shipped’ or ‘damaged’ items must be advised to Remote Controlled Lighting within 24 hours of delivery. Remote Controlled Lighting will not accept responsibility for claims after this time.

  23. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect (i) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (ii.) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

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