Terms and Conditions
Terms and Conditions – Sales from the Website
“Us ” & “We” are Knight Optical (UK) Ltd.
“The Customer” Any person, or other body entering into a contract with us for the supply of goods or services. The Customer confirms they are purchasing products for business purposes and are not a private individual or “consumer” as defined by the Consumer Credit Act 1974 (as amended).
“Goods” is anything supplied by or processed by us for the Customer.
2. Orders & Contracts
We do not accept verbal orders. Electronic confirmations shall be deemed to have the same authority as a paper based signed order. We reserve the right to refuse any order. A contract is made when we accept the order not at the time of the checkout on the website.
The Customer acknowledges its contract with us is subject to these express terms and conditions together with any additional and all contractual details confirmed in our quotation. All other conditions, warranties and representations are excluded. No variation to these conditions shall apply unless specifically agreed in writing by us and will be on a strict Order by Order basis.
These Terms and Conditions take precedent over any which The Customer might usually rely upon, even if they are presented with or are part of a Purchase Order. All Orders placed on us are exclusively covered by these Terms & Conditions.
Prices shown on our site (& any estimates & quotations) are exclusive of VAT, local taxes, import duty, carriage or similar charges which may be levied. Pricing is not fixed for the order until the order has been confirmed. This is a separate procedure to the web checkout.
4. Confidentiality, Design & Drawings
We will not discuss or disclose details of the Customer’s business with any third party, except where required by law or when authorised by the Customer. Further details of our terms relating to drawings, designs and customer specifications are available upon request as they do not usually affect web sales.
5. Customers' Specifications
Orders placed on the website subject to drawings will not be accepted. We have no attaching responsibility for the suitability of any work for any given application.
6. Terms of Payment
Payment for the requested amount due on the web site shall be paid at the time of Order. Should a payment be subsequently recalled by the credit card merchant or bank, the customer shall immediately pay us the amount of any shortfall.
We will use our reasonable endeavours to meet the delivery times indicated on the web site, but time of delivery is not the essence of the contract and delivery times indicated on the web site are our reasonable estimate, not contractual.
8. Our Liability for alleged defective and/or missing goods
The Customer shall inspect the Goods immediately upon receipt and notify us of any shortfalls within 3 working days. We have strict controls which include a double verification of quantities and products supplied to avoid errors in product delivery.
If the Customer considers the Goods are defective it shall within 14 days of receiving the Goods give notice in writing to us stating the defects or discrepancies alleged. Unless the Customer gives such notice the Goods shall be deemed to be in all respects in accordance with the contract and to the satisfaction of the Customer and the Customer shall be bound to accept.
Where products supplied by us fail to meet the specification stated by us, or where we have been negligent or failed to exercise reasonable care, upon receipt of the goods which have been verified as defective by us, these goods will be resupplied as quickly as is practical to The Customer.
Irrespective of the nature of any defect, our liability to the customer will be limited to the amount paid by The Customer for the defective goods. For the avoidance of doubt, we are not liable for any consequential loss of any kind, irrespective of whether any consequential loss is a likely outcome.
9. Liability for performance and/or loss
We will use every endeavour to meet indicated delivery dates but delivery may be subject to delay and we do not accept any liable for any losses arising.
We accept no liability in contract tort or otherwise for any personal injury, loss or damage of any kind suffered by the Customer (or a subsequent customer) as a result of its use of the Goods.
We warrant only that the goods supplied, or the processes performed, conform to the specification provided by us. No warranty actual or implied exists as to suitability of any product or process carried out by us for any specific purpose.
10. Retention Of Title & Lien
We shall have a possessory lien against the Customer on any and all of the Customer’s Goods in our possession for any and all monies due from the Customer. We retain retention of title until the goods or services have been paid in full.
11. Construction & Unfair Clauses
All contracts shall be interpreted in accordance with English Law and any action shall be solely pursued through the English Judicial System. If any clause contained herein shall for any reason be determined invalid, illegal or unenforceable, such determination shall not affect any other part of these terms.