Terms and Condition
I .Scope and Definitions
a. ln these terms and conditions <Light Inhaler> means the seller or company Light Inhaler.
b. 'Customer' means the person, firm or company being the counterparty to which or whom the con-tract of sale for products relate.
c. 'Products' means any products being the subject matter of the contract of sale between Light Inhal-er and the customer.
d. 'Service' means any chargeable or other services.
If Customer has agreed, either electronically or via a signed agreement with Light Inhaler to terms and conditions applicable to this sale of Product and/or Services, then those terms and conditions shall apply to this sale of Product and/or Services. In the event of a contradiction, irrespective of whether Customer accepts these Terms and Conditions by a written acknowledgement, by implication, or by acceptance of Products and/or Services hereunder.The Terms and Conditions shall form part of any order placed by Customer ("Order"). Any term or condition on any Order or other document sub-mitted by Customer shall be of no force or effect whatsoever. In particular, acceptance by Light Inhaler of an Order sent by Customer shall not be deemed an acceptance of any conflicting or additional terms and conditions. Light Inhaler specifically rejects any different or additional terms and conditions proposed by Customer.
2.I.The terms and conditions set out in the invoice (the "Invoice") (the Invoice and the terms and conditions herein being collectively known as the "Conditions") form the entire agreement between Light Inhaler and the Customer and all terms or conditions expressed.
2.2. By placing an Order, Customer makes an offer to Light Inhaler to purchase the Products and/or Services. Any Order shall be subject to acceptance by Light Inhaler and Light Inhaler may decline any Order in whole or in part, for any lawful reason whatsoever. If Light Inhaler accepts Customer's Order, Light Inhaler will notify Customer of its acceptance by sending an Order Confirmation.
2.3.Whilst Light Inhaler will make every effort to supply Customer with the Products and/or Services listed on the Order Confirmation, there may be occasions where Light Inhaler is unable to supply these Products and/or Services because, for example, (i) such Products or Services are no longer being manufactured or available, (ii) Light Inhaler is unable to source relevant components or (iii) there was a pricing error. In such circumstances Light Inhaler will contact Customer and may suggest alternative Products or Services that Customer might wish to purchase (at the same or different price). In the event of a pricing error, Light Inhaler will communicate the correct price to Customer. If Customer does not accept Light Inhaler's proposed substitution or the price modification, then Light Inhaler will cancel the Order and refund any money that Customer may have paid to Light Inhaler in respect of the Order. Once Light Inhaler has sent the Order Confirmation to Customer, Customer may not cancel the Order.
3.1. Subject to these Terms and Conditions, Light Inhaler will supply to Customer (but not install) the Products and/or Services indicated on the Invoice.
3.2. Delivery dates which might be specified in the Order, the Order Confirmation, or in any other communication from Light Inhaler (whether oral or in writing) are estimates only.
3.3. Light Inhaler shall not be liable for any losses, damages or expenses sustained by the customer or any other person in consequence of any delay in delivery of the goods for any reason whatsoever if such delivery is delayed at the request of the customer or owing to the customer's inability to accept the goods for any reason or by reason of a lack of reasonable access to the above said places specified by the customer or owing to some other cause beyond the control of Light Inhaler but where Light Inhaler is nevertheless able to deliver the same, then the customer shall be liable for all extra charges, losses or expenses incurred by Light Inhaler. If delivery is delayed as aforesaid, the customer shall not be entitled to cancel or repudiate any contract for the purchase of the goods or any other goods from Light Inhaler by such reason thereof.
3.4 The products shall be inspected by the customer immediately upon received. If the products are considered by the customer to have been damaged and/or broken, Light Inhaler must be notified within fourteen days by the customer, failing which Light Inhaler shall not be liable for any claim, of any nature whatsoever, in respect thereof.
4. I . All invoiced sums shall be paid in full in the currency of the invoice without deduction or set off (statutory or otherwise) and in cleared funds.
5.1 One (I) year limited warranty solely on all light sculptures produced by Light Inhaler upon the day of purchase.This warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in mate-rials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken due to negligence unless failure has occurred due to a defect in materials or workmanship.
5.2 Light Inhaler shall in no circumstances be under any liability for injuries, expenses, damages or con-sequential loss that may in any degree be attributed to the materials used in relation to the products or its manufacture in respect thereof.