Part A . Contract of Sale
1. All products and services are exclusively sold on the basis of the conditions
hereinafter. This also applies to deliveries ex distributing warehouse. The Buyer’s
conditions of purchase are explicitly contradicted hereby. They are not obliging unless
299 LIGHTING LIMITED (hereafter referred to as “299 LIGHTING”) contradicts them
again explicitly upon conclusion of an individual contract. Subsidiary agreements are
exclusively effective if they have been confirmed in writing by the company.
2. 299 LIGHTING quotations are without engagement. An order is exclusively
considered accepted after it has been confirmed in writing. This also applies to orders
placed with the agencies. Only the statements in our order confirmation are binding.
Documents like figures, drawings and indications of weights pertaining to a quotation are
only binding if they have been explicitly designated as such. 299 LIGHTING reserves the
proprietary right, copyright and the right with regard to cost estimates; and these rights
must not be made accessible to any third parties. Documents pertaining to quotations
must be returned immediately if the order is not assigned to 299 LIGHTING.
3. The figures and indications of weights and dimensions in 299 LIGHTING catalogues
and prospectuses have been generated at the best of our knowledge, errors excepted;
the same applies to the indications in our sales documents. Subject to changes for the
purpose of technical advancement.
4. The indications in our sales documents, catalogues and prospectuses apply to lamps
wired ready for connection for operating voltages of 230V-240V 50 Hz and ambient
temperatures of max. 30°C. However, lamps for voltages, ambient temperatures and
frequencies deviating from these values can also be supplied. A separate quotation is
necessary for that purpose.
5. Prices are to be understood ex works excluding packaging, freight and customs.
Subject to pro-rata price increases in case the prices of raw materials and wages rise
after conclusion of the contract.
Part B . Delivery, Pasing of Risk
1. All deliveries are quoted ex works on principle. Dispatch is effected at the Buyer’s risk
2. Even if carriage free delivery was agreed, the risk is transferred to the Buyer as soon
as the consignment leaves the works. If dispatch or delivery is delayed on request of the
Buyer, in both cases the risk for the time of delay is transferred to the Buyer from the
date of readiness for dispatch. However, 299 LIGHTING is obliged to execute the
insurances requested by the Buyer at the Buyer’s request and cost.
3. An agreed period of delivery starts on the date the written receipt of the agreement on
the order between the Buyer and 299 LIGHTING on hand. The delivery period shall be
extended for an adequate period if 299 LIGHTING cannot adhere to it due to reasons
299 LIGHTING is not responsible for according to the general principles of law (e.g. if
documents to be supplied by the Buyer do not reach 299 LIGHTING in time or force
majeure, e.g. war or strike).
4. The delivery of orders that can be retrieved in several partial lots is exclusively subject
to the original conditions on the basis of an explicit agreement on the agreed terms. The
calculated costs, in particular carriage and freight costs, are decisive.
5. The goods are packaged with utmost care and dispatched according to the best
discretion of 299 LIGHTING. 299 LIGHTING will insure the consignment against
breakage, transport damage and fire loss at the Buyer’s request and cost.
6. The Buyer shall accept delivered goods even if they have insignificant deficiencies.
Partial deliveries are admissible.
Part C. Payment
1. All prices are to be understood ex works and without the statutory VAT. All payments
must be made within 30 days; deviating dates of payment must be agreed in writing on
principle. Payment must be effected in cash without any further deduction free 299
LIGHTING domicile. Payment is charged against the respective oldest due invoice. The
299 Lighting representatives are exclusively entitled to accept payment by virtue of
explicit agreement with 299 LIGTHTING.
2. The Buyer is not be entitled to retain any payments due to any counterclaims not
accepted by 299 LIGHTING nor is he entitled to charge up against such claims.
3. In case any agreed payment dates are exceeded, interests amounting to 2% above
the respective BASE rate of The Bank Of England will be charged without reminder
subject to the assertion of further claims. Simultaneously, the total remaining amount is
due immediately, also in case of deterioration of the Buyer’s financial situation,
regardless of the maturity of any bills of exchange taken in or possibly granted deferrals.
299 LIGHTING will exclusively effect deliveries outstanding at that point in time against
advance payment or securities; furthermore, it can withdraw from the contract or claim
damages for non-performance.
Part D . Reservation of Title
1. The goods remain property of 299 LIGHITNG until all claims 299 LIGHTING is entitled
to against the Buyer have been settled. The Buyer shall not be entitled to any chattel
mortgages or pledging of the goods before these claims have been settled. The Buyer is
exclusively entitled to resale of the goods in the course of business according to the
rules and conditional sale under retention of title in case of other than cash sales. This
right expires if and as soon as the Buyer ceases to pay.
2. The Buyer is obliged to inform 299 LIGHTING before he disposes of his own claims
by means of a factoring agreement. If the Buyer sold his claims within the context of
genuine factoring he shall assign the claims which are due to 299 LIGHTING to 299
LIGHTING against the factoring. 299 LIGHTING shall accept this assignment. In order to
protect all claims of 299 LIGHTING against the Buyer, the latter shall already transfer all
claims he is entitled to or will be entitled to in future due to the sale of 299 LIGHTING
goods to 299 LIGHTING upon conclusion of this contract. 299 LIGHTING undertakes to
transfer the claims it assigned to the Buyer on request of the latter as far as they exceed
299 LIGHTING’s claims against the Buyer.
3. The Buyer is obliged to inform his customers immediately of the assignment and to
hand over the information necessary for asserting the rights against its customers as
well as the pertaining documents to 299 LIGHTING on request of 299 LIGHTING. The
Buyer shall be entitled to collect the newly generated purchase price claim until revoked.
The entitlement expires if and as soon as the Buyer ceases payment. The Buyer shall
bear the costs for debt collection and interventions.
4. Handling and processing shall be executed for 299 LIGHTING without obliging 299
LIGHTING. If the 299 LIGHTING goods are mixed or connected with other articles, the
Buyer shall already assign his ownership or co-ownership rights in mixed inventory or
the new object to 299 LIGHTING at this point and he shall preserve these rights with
commercial diligence for 299 LIGHTING. The same also exclusively applies to further
processing or the installation (assembly) of the 299 LIGHTING goods.
5. The reservation of title according to the aforementioned conditions also continues to
exist if individual claims of 299 LIGHTING are integrated into a current account and the
balance has been struck or acknowledged.
6. The Buyer is obliged to take all necessary actions to prevent any impairment or loss of
rights in the delivered goods 299 LIGHTING is entitled to on his own cost. This shall also
apply in case the goods are sold within the context of genuine factoring if 299 LIGHTING
has not been informed of this fact in good time. If the property of 299 LIGHTING is
seized in execution the Buyer must inform 299 LIGHTING immediately.
7. 299 LIGHTING is entitled to demand the return of its goods any time. If 299 LIGTING
uses this right, a withdrawal only exists if 299 LIGHTING declares this fact explicitly.
Part E. Liability for Defects
1. 299 LIGHTING shall be liable for defects including missing warranted properties to the
exclusion of further claims against 299 LIGHTING and its vicarious agents and persons
employed in the performance of 299 LIGHTING obligations as follows:
2. Recognizable defects must be indicated in writing within a limitation period of 10 days
after receipt of the goods. Any defects occurring later must be indicated in the same way
and within the same period after their discovery. The representatives of 299 LIGHTING
are not entitled to accept any notifications of defects or other declarations of the Buyer.
3. All parts which become defective within 12 months - without consideration of the
service life - calculated from the day of transfer of peril in a demonstrable way as a result
of circumstances before the transfer of peril, in particular due to lacking design, poor
building materials or defective execution or if their usability was impaired in a
considerable way must be delivered again. 299 LIGHTING does not assume the
4. The Buyer shall grant 299 LIGHTING an adequate period of time and opportunity for
delivering new spare parts. If the Buyer refuses this period of time and opportunity 299
LIGHTING shall be exempted from the liability for defects.
5. Claims for material defects become statute-barred within 12 moths.
6. Our product liability expires in case the lamps are equipped with electronic adapters
and T5 lamps.
7. The liability for defects expires if the delivery item is modified by a third party or by the
installation of parts of an external party.
8. The Buyer has no conversion or diminution rights unless 299 LIGHTING is not in a
position to remove the defects.
9. In case 299 LIGHTING rejects any notices of defects lodged in good time the Buyer’s
right of warranty claims shall expire in all cases within 12 months from the date of the
timely notification of defect. If the Buyer and 299 LIGHTING do not come to an
agreement within this period, the period of limitation can be extended by agreement.
10. Liability for defects does not refer to wear and tear or to damage resulting from
incorrect or negligent handling, storage, excessive strain, inappropriate equipment, faulty
construction works, unsuitable rooms or building grounds, physical, chemical,
electrochemical or electrical influences without any fault on part of 299 LIGHTING after
passing of the risk.
11. 299 LIGHTING shall be liable for replacement pieces to the same extent as for the
original delivery item, however this applies only until expiry of the period of warranty
applicable to the original delivery item.
12. Unless products of subcontractors are integrated in the finished electrical product,
the provisions for defective deliveries in the terms of delivery of the subcontractors shall
apply to their products.
13. If it is impossible for 299 LIGHTING or the Buyer to perform the tasks they are
obliged to, the general principles of law shall apply subject to the following proviso: If the
impossibility of performance is attributable to gross negligence of 299 LIGHTING the
Buyer shall be entitled to withdraw from the contract or to claim for compensation.
However, the Buyer’s claim for damages shall be limited to 5% of the value of the part of
the delivery which could not be commissioned appropriately due to the impossibility of
14. If any unforeseen events change the proportion of performance and counter-
performance substantially or if they have a substantial influence on the operation of 299
LIGHTING, 299 LIGHTING shall be entitled to withdraw from the contract. In case 299
LIGHTING intends to withdraw from the contract, 299 LIGHTING has to inform the Buyer
immediately after having gained an insight in the importance of the events, even if an
extension of the delivery period had been agreed with the Buyer at first.
15. Any other claims, no matter for which legal reason, of the Buyer against 299
LIGHTING, its vicarious agents and persons employed in the performance of 299
LIGHTING’s obligations are excluded. In case of any subsequent modification of the
lamps, their internal circuits or the device equipment 299 LIGHTING shall be released
from any liability according to the Law on Technical Working Equipment dated 1968-06-
24 (Machine Protection Act).
Part F. Other Claims for Damages
As far as the Buyer is entitled to claims for damages according to clause V, these claims
will become time-barred after expiry of the period of limitation applicable to warranty
claims for hidden defects according to point 4 of clause V. In case of claims for damages
according to the Product Liability Act the legal statutes of limitation shall be applicable.
Part G. Returns
Returns may exclusively be effected after 299 LIGHTING previous consent and free of
carriage charges. 299 LIGHTING charges an overall handling fee amounting to 40% of
the value of the goods for taking the goods back. All costs for delivery, taking the goods
back, repair and new packaging – provided the goods are in such a condition that they
can be resold - will be deducted from the credit note. This does not apply in case of a
justified withdrawal of the Buyer from the contract.
Part H. Place of Jurisdiction and Applicable Law
1. The legal ineffectiveness of single parts of this contract shall not affect the binding
force of the rest of the contract.
2. The Courts of England & Wales shall be the sole place of jurisdiction for legal actions
against 299 LIGHTING . The place of jurisdiction for legal actions of 299 LIGHTING
against the Buyer shall either be England or the domicile of the Buyer, also in case of
actions arising out of a bill of exchange or a cheque.
299 LIGHTING LIMITED (referred further here in as the "Company") has all rights
reserved and is reserves the right to update or alter conditions herein at any given
time. The current terms and conditions are binding in the version that is then
The Company allows the user the viewing and downloading of information, software
programs, products, data, pictures, charts, photographs, logos, texts and other contents
from this website for private non-commercial use - the Company’s trademark, property
and intellectual rights withstanding.
The Contents of this website shall not, without prior written consent by the Company, be
changed and not duplicated or for public or commercial purposes be exhibited, shown,
distributed or used in any other manner, unless by prior agreement.
The usage of this website on another website or networked computers is forbidden. The
Contents on this website are copyrighted. Every unauthorised usage of the Contents of
this website may be viewed as a violation of copyright; trademark or other legal
provisions. A violation of these provisions will lead to termination of authorisation to use
this website and obliges to immediate destruction of all downloaded and/or printed
Contents of this website.
The IP- Addresses of users of this website may be automatically, temporarily saved. Any
saving is solely for the purpose of optimising operational processes and improving the
service operation of this internet offering. The right of the viewer is conceded in viewing
2. Warranty and liability
The contents on this website are made accessible without any form of warranty.
The Company accepts no liability for correctness, completeness nor the inclusion of out
of date material or the suitability for certain purposes. The Company does not assume
liability for the freedom of the rights of third parties and the non-violation of intellectual
The Company may at any given time, without prior notification, make changes. The
Company is not obliged to update.
The use of this website is at the sole risk of the user.
The Company, its suppliers or third parties on this website accept no liability for possible
damages (particularly lost profit, loss of data loss of man hours or loss of custom or any
other losses associated with claims regarding information portrayed on this website.).
The Company will not take over any costs should the use of this website and/or the
Contents offered here lead to a necessary maintenance, repair, exchange, restoration or
other form of correction of your equipment or data. All information and resources that the
Company uses whilst researched provides no liability for completeness or correctness.
The use of Contents or software downloaded from this website underlies the provisions
of the copyright law and of the possibly attached and/or downloaded license contracts of
the software. The downloading of software or its usage is only permitted after reading
and agreeing with the conditions of the respective license contracts and is at your own
All Contents of users which are transferred to this website and/or made accessible on
this website are rated as non-confidential and not copyrighted and property protected.
The Company does not assume any responsibility in regard to these transferred
Contents. The Company and its representatives are permitted to transfer, duplicate,
change, make accessible to others, distribute and/or in any other form commercially and
non-commercially make use of information, pictures, charts, tones, texts and other
Contents. It is forbidden to transfer or spread threatening, insulting, slanderous,
defamatory, pornographic, immoral or illegal Contents to/from this website.
Each user is personally responsible for protecting a possibly authorised password
against misuse if one is offered. The use of the website with a user name and password
is at the sole risk of the user. If the user receives information that a password has been
unintentionally made known or should there be other danger of misuse at hand he is to
immediately inform the Company.
The respective author is solely responsible for all linked contents on this website. The
Company has no influence regarding the link text or design and contents of linked
pages. It does not incorporate these contents and assumes no liability for possible
violations of established laws of any type or applicable law.
By using this site the user is not relieved from his duty to take care or his personal
liability. The use does not imply an invitation to take part in the Company in any manner.
6. Interpretation of Law
This website is administrated by the Company and these conditions underlie the laws of
the Courts of the United Kingdom & England & Wales. Jurisdiction for all legal disputes
is the court at the Company’s headquarters. The Company will make no statements as
to whether the Contents of this website are usable outside of the UK and is therefore at
your own accord and at your own risk. The user is personally responsible for compliance
to local laws.
Last Updated – 01st May 2010.