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Terms & Conditions

1. Interpretations

In these conditions of sale except where the context otherwise requires: “The company” shall mean Bona Lighting, “the Buyer”, shall mean any person who contracts with the company for the supply of goods by the company and where one person contracts with the company on behalf of or as agent for another shall be deemed to include all those persons. “Goods” shall mean any goods or services supplied by the company including any material supplied with such goods as packaging.

2. Prices

All prices, discounts and surcharges are subject to variation at any time without notice. Orders will be accepted on the basis that goods supplied will be charged at prices ruling at the date of dispatch.

3. Cancellation

Subject to these conditions of sale any order placed with the company, which the company has accepted in writing, shall not be cancelled, deferred or altered except by the agreement in writing between the buyer and the company.

4. Payments of Accounts

If the customer shall fail to make due payments in the time and manner specified by the company, or become insolvent or being a company have a liquidator appointed, then the company shall have the right to suspend or cancel further deliveries and payments for all goods and services already supplied by the company shall become due immediately. In such circumstances the company shall have a general lien on all goods of the customer in the company’s possession (whether paid for or not), for the unpaid prices of any other goods or services supplied to the customer by the company.

5. Right of Ownership and Reservation of Title of Goods Sold

The property in the goods shall not pass to the buyer until payment of the full contract price but the risk shall pass upon delivery (and no later). If notwithstanding that the property of the Goods has not passed the buyer shall sell the goods in such a manner as to pass to a third party a valid title of the goods, the buyer shall hold the proceeds of such sale in trust for the company. In no circumstances shall the buyer become the agent of the company in the event of such a sale to a third party. The company shall have a particular and a general lien over goods in the possession of the buyer, which may have been sold, by the buyer before the full contract price has been paid. The company reserve the right to come on to the buyer’s property (with transport) to examine and recover goods, where the buyer has become insolvent or has failed to pay overdue invoices.

6. Returns

a) The seller shall not be liable for damages accessed after acceptance of the goods, except when the buyer establishes proof that the damage is due to a defect in materials or workmanship. In any case, the liability of the seller is limited to a period of one (1) year or two (2) years depending on exact products, to the choice of the seller, to replacement of the goods or refunding of the concerned goods. In no event, the seller shall be held to compensate any additional damage. In no event, the seller shall be liable for any damage due to improper use, bad installation, improper maintenance or negligence by the buyer or any third party.

b) No goods once dispatched shall be returned to our depot unless permission has been given by us in writing and any goods so returned by agreement must be in good order and resalable condition and adequately packed. Such goods will, on receipt in satisfactory condition, be credited and a charge of 20% minimum of the net value will be made to cover restocking costs.

7. Notifications of Loss or Damage

(a) The company shall not be liable for the supply of damaged goods or the loss or non-delivery of the whole or any part of any consignment goods unless the company and the carrier (if any) receive notification in writing of the damage, loss or non-delivery within 1(one) month of the date supply.
(b) On discovering any defects in goods the buyer shall immediately give written notice to the company and enable the company to investigate fully the complaint before the remainder of the consignment is used or returned and the company shall be under no liability until this procedure has been carried out.
(c) Goods must be inspected at time of delivery; claims will not be entertained afterwards.
(d) The company shall not be liable for any claims made in respect of costs incurred in replacing or re-fixing damaged or faulty goods. The company’s liability will only be to replace damaged or faulty goods.
(e) The goods shall not be at risk of the customer at the moment of arrival of the goods at the point of delivery and before the commencement of unloading.

8. Measurements and Specifications

(a) Goods are warranted to accord with the normal limit of industrial quality and all specifications, weights and measurements are subject to small variations and normal manufacturing tolerances.
(b) Exact conformity of goods supplied with samples previously submitted is not guaranteed.
(c) Colored materials are subject to color variation.
(d) All other warranties or conditions as to quality, description or fitness for a particular purpose expressed or implied are excluded except those conditions or warranties, which are necessarily implied by statute in the case of customer sales.
(e) The company as distributors cannot be held responsible if the goods having been supplied are found to be unsuitable for the particular job for which they were intended.

9. Force Majeure

The company shall have the right to cancel or delay deliveries or to reduce the amount delivered if it is prevented from, or hindered in or delayed in delivery by normal routes or means of delivery the goods through any circumstances beyond its control, included but not limited to strikes, lock-outs, accidents, war, fire, reductions in or unavailability of power at a manufacturer’s plant, machinery or shortage or unavailability of raw materials from normal sources or routes of supply to the manufacturer.

10. Delivery Instructions

The buyer shall indemnify the company against all claims for damages and liability whatsoever arising out of compliance by the company with the buyer’s delivery instructions.

11. Unloading of Goods

The buyer shall provide all necessary assistance to the company in unloading goods at the point of delivery and in the event of the buyer failing to do so the company shall be entitled to charge the buyer with the amount of any expense incurred by the company resultant there from.

12. Buyer’s Condition

No conditions of sale imposed by the buyer shall have any effect in relation to a sale by the company expressly in writing agrees otherwise.

13. Essence of Contract and Cancellation or Variation of Conditions

Each and every conditions herein set out is hereby set out is hereby declared to be of the essence of every contract made with the company and each condition can be cancel or varied only in writing under the hand of the secretary or director of the company. No other officer, representative or employee of the company has any authority to agree to such cancellation or variation.