Terms and Conditions
The following Standard Conditions of Sale shall govern all transactions except as otherwise specifically agreed in writing by the Buyer and the Seller.
- Light Up Menorah Customs
Except where inconsistent with these Conditions or with the express terms of any contract between the Seller and the Buyer, Shluchim Services Customs for the time being in force (which are obtainable from the National Association of Paper Merchants) shall apply to all contracts between the Seller and the Buyer.
All quotations and tenders are given by the Seller on condition that the Seller shall not be bound until it has communicated its written acceptance of the Buyer’s order.Any quotation given by the Seller is based on the instructions and information provided by the Buyer and the Seller reserves the right to amend the quotation to cover any increase in cost which may arise as a result of additional or incomplete instructions or information. Quotations given in a currency other than sterling are based on the rate of exchange at the time of quoting and, unless otherwise agreed in writing between the parties, the price may be subject to revision only if any different rate of exchange is ruling at the date of invoice. In the event of any inconsistency between the terms of the Buyer’s order and these conditions, these conditions shall prevail unless the contrary has been agreed in writing by the Seller. No terms or conditions endorsed upon, delivered with or referred to in any purchase order or other similar document delivered or sent by the Buyer to the Seller will form part of the contract. Each purchase order for Goods issued by the Buyer will be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
- Cost variation
Except where a price is stated to be ‘fixed’by the Seller on its written acceptance of the Buyer’s order,any price quoted by the Seller or comprised in the order or contract is provisional only and the actual price to be paid by the Buyer shall be the Seller’s price ruling at the date of despatch.
- Goods of the Contract
Except to the extent prevented by law, the Seller shall not be bound by any oral condition, warranty or representation given or made on its behalf unless confirmed in writing, nor by any express or implied term, condition or warranty, whether arising by statute, common law or otherwise.
The Seller shall have the option (without prejudice to any of its other rights against the Buyer)by notice in writing to the Buyer to terminate any contract between the Seller and the Buyer, orto suspend delivery in the following events: i) should any sum owing by the Buyer to the Seller be overdue, whether under the same or anyother contract; ii) should a Buyer be in breach of any term of the same or any other contract with the Seller; iii) should a Buyer enter into any composition or agreement with or for the benefit of itscreditors, or having received an order in bankruptcy made against it or (if a corporate body)should it have a resolution passed or petition presented to wind up its business (other than forthe purpose of amalgamation or reconstruction) or if a Receiver be appointed of itsundertaking, property or assets or any part thereof.
a. The Seller and the Buyer expressly agree that ownership of the Goods shall only pass to the Buyer when the Seller has received in full (in cash or cleared funds) all sums due to it from the Buyer whether in respect of the Goods or otherwise.
b. The Seller may recover Goods supplied by it to the Buyer at any time if the amounts outstanding from the Buyer to the Seller have not been paid in full by their relevant due date and for that purpose the Seller, its servants and agents may enter upon any land or buildings upon which the Goods are situated; provided that if the Seller shall resell the Goods so recovered, or any part thereof, the Seller shall give the Buyer credit for any sum received by the Seller in excess of the unpaid sums owing to the Seller.
c. The buyer may dispose of the Goods in the ordinary course of its business as principal (but any warranties, conditions, or representations given or made by the Buyer to any third party shall not be binding on the Seller who shall be indemnified by the Buyer with respect thereto) and may pass good title in the Goods to a third party being a bona fide purchaser for value without notice of the Seller’s rights.
d. If the Buyer incorporates the Goods into other products (with the addition of its goods or those of others) or uses such Goods as material for other products (with or without such addition) the property in those other products is upon such incorporation or use and by that event transferred to the Seller and the Buyer will store the same for the Seller in a proper manner without charge to the Seller; in the event of such incorporation or use as is envisaged by this sub-clause the provisions of sub-clauses (b) and (c), shall apply mutatis mutandis to those other products in place of the Goods; provided that if the Seller shall sell such other products or any part thereof (without being under any duty to obtain the best price therefor) the Seller shall give the Buyer credit or any sum received by the Seller in excess of the unpaid price (including any interest charged hereunder) of such Goods.
e. From the time of delivery until title in the Goods passes to the Buyer in accordance with this condition 9, the Buyer shall insure the Goods for their full value with a reputable insurance office. Upon request the Buyer shall use reasonable endeavours to have the Seller’s interest in the Goods noted on the insurance policy. Until title passes to the Buyer, the Buyer shall hold the proceeds of any claim on any insurance policy on trust for the Seller and shall forthwith account to the Seller with such proceeds.
- Cancellation, Return, and Refund Policy
See more at return-policy
- When ordering from LightUpMenorah.com, the charge on your card will appear as JEWISH INNOV / SHLUC SVC
- Force majeure, etc
The performance of all contracts is subject to variation or cancellation by the Seller owing to any act of God,war, strikes,Governmental regulations or orders, national emergencies, lockouts, fire, flood, drought, tempest or any other cause (whether or not of a nature) beyond the control of the Seller or owing to any inability by the Seller to pro c u re materials or articles required for the performance of the contract and the Seller shall not be held responsible for any inability to deliver caused by any such contingency.
- Application of these conditions By ordering any Goods from the Seller, the Buyer will be deemed to accept that these Conditions take precedence over any other conditions contained on or in any letter,order form, acceptance form, receipt or the like received by the Seller in connection with the Goods so ordered and that any such other conditions will not form part of the contract between the Seller and the Buyer unless specifically agreed in writing.
CONDITIONS OF SALE , LIGHTUPMENORAH.com