Terms of service

1. Unless otherwise expressly agreed in writing, all goods are sold upon the following terms and conditions to the exclusion of any terms and conditions of the Purchaser and no agent or representative of Smart Urban has any authority to vary or omit, part of or all of, these conditions. Acceptance of delivery of the goods shall constitute acceptance of these terms.

2. Any deficiency in quantity of product delivered shall be notified to Smart Urban immediately upon receipt. Acknowledgement of the delivery shall be deemed to be acceptance of the quantities as set out by the invoice.

3. Smart Urban will make good at its option by repair or replacement any articles sold by it which, within three months after delivery, are shown to Smart Urban satisfaction to have been, at the time of delivery, defective where such defect is solely attributable to defective workmanship, materials or manufacture provided that:

(i) Smart Urban is immediately notified upon detection; and
(ii) No defect is caused by wilful damage negligence, incorrect storage or application, incorrect use, movement, installation or assembly (except by Smart Urban, its servants or its agents) or defects caused by fair wear and tear; and
(iii) If required by Smart Urban the goods are returned to the Company within one month of the discovery of the defect.

4. The warranty contained in this Condition is the ONLY express warranty given by Smart Urban. All other conditions, representations, terms and warranties as to the fitness or quality of the goods supplied for any purpose, whether express or implied, whether statutory or otherwise and whether verbal or in writing are hereby excluded and negatived to the full extent permitted by law in each case.

5. Subject only to the provisions of Condition 3, Smart Urban hereby excludes to the full extent allowed by law all liability of any kind whatsoever to the purchaser or any other party for any loss, damage or loss sustained or incurred by the purchaser or any other party in consequence of or resulting by, directly or indirectly, the supply of, use of or performance of any products or services for whatever reason whether arising out of any breach by Smart Urban of any contract incorporating these Conditions or negligent or wrongful acts by Smart Urban or its servants or its agents in connection with its products and or its services, and limits any liability that it might nevertheless have to a maximum amount being the invoiced price of the products or services in question.

6. No goods may be returned to Smart Urban without prior written consent from Smart Urban to accept the goods.
7. The modification of Smart Urban’ products, other than in accordance with Smart Urban written approval in each case, is not authorised and may result in product defects. The warranty contained in these conditions will not extend to any product, which has been the subject of any unauthorised modification.

8. Smart Urban reserves the right to declare void any warranty claim where the claimant does not extend to Smart Urban a reasonable opportunity to fully inspect the product, application and circumstances of the product.

9. Smart Urban sets out suggestions as to the use of, installation of and care of its products on the understanding that those suggestions are made solely to assist the purchaser to get the best results from its purchase, and that they do not amount to warranties or vary these Conditions of Sale in any way.

10. Smart Urban will use its best endeavours to deliver at the time stated and all delivery dates shall be regarded at best as estimates only. The purchaser must accept the actual delivery date and Smart Urban shall not be liable for any losses, costs, damages or expenses suffered by the purchaser or any other party as a result of any delay in delivery.

11. Where orders are accepted by Smart Urban for special production runs, unless otherwise agreed to in writing, Smart Urban reserves the right to make delivery and charge for one off small deliveries. Smart Urban will not accept any restriction of its right to manufacture or sell or offer to any other purchaser goods, which may have been manufactured specially for a specific purchaser or purchasers.

12. A deposit of 50% is to be paid in advance on all orders and the balance paid within thirty (30) days from the date of invoice, unless otherwise agreed in writing. Failure to make due payments in respect of deliveries or instalments under this or any other contract with Smart Urban shall entitle Smart Urban to delay, suspend or cancel deliveries in whole or in part at its option.

13. For so long as any amounts remain owing to Smart Urban, title to and property in the goods shall remain in Smart Urban and shall not pass to the purchaser. All goods, which remain the property of Smart Urban, will be held by the purchaser on behalf of Smart Urban in a fiduciary capacity and shall be stored separately from all other goods. At any time after the due date for payment of any account owing from the purchaser to Smart Urban and so long as such amounts have not been received by Smart Urban in full, Smart Urban at the purchaser’s expense shall be entitled to require the purchaser to return to Smart Urban and shall have the right to enter the buyer’s premises or where the goods are stored and remove there from all goods which remain the property of Smart Urban.

14. Smart Urban will not be liable for breach of contract arising from or caused by, directly or indirectly, force majeure, war, strikes, riots and civil commotions and natural disasters.

15. Any order that has been accepted by Smart Urban may not be reduced or cancelled after acceptance without the agreement of Smart Urban in writing.