TERMS AND CONDITIONS – CUSTOM-BUILT, REFURBISHED AND MODIFIED LIGHTBARS
These Terms and Conditions apply to all custom-built, rebuilt, refurbished, repaired, modified or otherwise bespoke lightbars and associated equipment supplied by [Company Name] (“we”, “us” or “our”).
By placing an order, accepting a quotation, paying a deposit or otherwise instructing us to commence work, the Customer agrees to these Terms and Conditions.
Nothing in these Terms affects any statutory rights which cannot lawfully be excluded or restricted.
1. Bespoke Nature of the Work
Custom lightbars are built, modified or refurbished to the Customer’s agreed specification. Depending upon the work required, the finished product may incorporate a combination of new, used, refurbished, original equipment manufacturer (“OEM”), genuine manufacturer, reproduction and aftermarket components.
Unless expressly agreed by us in writing before the order is placed, we do not warrant or represent that every component incorporated into a custom-built, modified or refurbished lightbar will be an OEM or manufacturer-original component.
2. OEM, Aftermarket and Other Components
In carrying out custom work, we may use:
- new OEM components;
- used or refurbished OEM components;
- new or refurbished genuine manufacturer components;
- compatible aftermarket components;
- reproduction components;
- components manufactured, adapted or modified specifically for the particular build; and
- suitable components recovered from donor equipment.
The selection of components will depend upon availability, compatibility, condition, cost and the requirements of the particular build.
An aftermarket, reproduction or alternative component may differ from an original manufacturer's component in appearance, construction, markings, materials, specification or performance.
The use of an aftermarket or non-OEM component does not mean that the complete lightbar is manufactured, approved, endorsed or warranted by the original lightbar manufacturer.
3. Component Availability and Substitution
Many lightbars on which we work are discontinued, obsolete or no longer fully supported by their original manufacturers. OEM replacement components may therefore be unavailable, available only as used components, subject to extended lead times or disproportionately expensive.
Where an originally anticipated component is unavailable, we reserve the right to use a suitable alternative provided that, in our reasonable opinion, it is appropriate for the intended build.
Where a proposed substitution would materially alter the agreed appearance, functionality or price of the lightbar, we will seek the Customer’s approval before proceeding.
4. Refurbished and Used Components
Where used, refurbished or donor components are incorporated into a build, minor cosmetic marks, signs of previous installation, age-related discolouration or other reasonable evidence of previous use may remain.
Such characteristics will not constitute defects where they do not materially affect the agreed functionality of the finished product.
5. Customisation and Modification
The Customer acknowledges that custom work may involve alteration of original equipment, including drilling, cutting, machining, painting, rewiring, soldering, reprogramming, replacement of components or other irreversible modifications.
Such work may invalidate or affect any manufacturer's warranty, approval, certification or original specification applying to the equipment.
We are not responsible for the loss of any manufacturer's warranty, certification or approval resulting from modifications requested by the Customer or reasonably necessary to complete the agreed work.
6. Appearance and Specification
Photographs, illustrations, samples, website images and previous builds are provided as a guide only unless expressly incorporated into the agreed written specification.
Because of differences in component availability, manufacturing batches, age, previous use and the bespoke nature of the work, a completed lightbar may not be visually identical to another example or to an original factory-produced unit.
Where exact originality, period correctness or the exclusive use of OEM components is required, this must be stated by the Customer and expressly agreed by us in writing before work commences.
7. Customer-Supplied Equipment
Where the Customer supplies a lightbar or components for modification, repair or refurbishment, the Customer is responsible for accurately describing their condition and any known faults.
Additional faults or defects may become apparent after dismantling or testing. Where additional work or components are required, we may provide a revised quotation before continuing.
We are not responsible for pre-existing faults, deterioration, corrosion, previous repairs or modifications which were not reasonably apparent before work commenced.
8. Quotations and Additional Work
Quotations are based upon the information available to us at the time they are prepared.
Custom and refurbishment work can reveal additional requirements once equipment has been dismantled or tested. Any significant additional work or cost outside the agreed specification will be referred to the Customer for approval before being undertaken.
Minor alterations reasonably necessary to complete the agreed build may be carried out without further approval where they do not materially alter the price, appearance or functionality of the finished product.
9. Deposits and Payment
A deposit or payment in advance may be required before components are ordered or work commences.
Unless otherwise agreed, the balance becomes payable when the work is complete and before the lightbar is dispatched or released to the Customer.
Where work has commenced or components have been ordered, allocated, manufactured or modified specifically for the Customer, any refund following cancellation may be reduced to reflect work undertaken and costs reasonably incurred, subject always to the Customer’s statutory rights where applicable.
We reserve the right to retain possession of goods to the extent permitted by law until sums properly due in respect of those goods or the relevant work have been paid.
10. Lead Times
Any estimated completion or delivery date is an estimate only unless we expressly agree a guaranteed date in writing.
Custom work may be affected by the availability of components, manufacturing lead times, specialist processes, unforeseen faults, third-party suppliers and the condition of Customer-supplied equipment.
We will use reasonable endeavours to complete work within the estimated timescale but shall not be liable for reasonable delays caused by circumstances outside our control.
Where a material delay occurs, we will notify the Customer as soon as reasonably practicable.
11. Cancellation of Custom Orders
Because custom-built and modified products are made, obtained or altered specifically to the Customer’s requirements, cancellation may not be possible once work has commenced or components have been specially ordered, manufactured, allocated or modified.
For business Customers, cancellation after acceptance of an order is subject to our written agreement. We may require payment for work already undertaken, components purchased or committed costs arising from the cancellation.
For consumers, any cancellation rights shall be subject to applicable consumer legislation, including any statutory exceptions applying to goods made to the consumer's specifications or clearly personalised.
Nothing in this clause affects a consumer's statutory rights in relation to faulty, misdescribed or non-conforming goods.
12. Returns of Customised and Bespoke Lightbars
Custom-built, customised, modified, specially configured or personalised lightbars are produced to the individual Customer's requirements and cannot ordinarily be returned simply because the Customer changes their mind or subsequently decides that the specification is no longer suitable.
Where a Customer is acting as a consumer and the lightbar constitutes goods made to the Customer's specifications or clearly personalised, the statutory right to cancel a distance or off-premises contract may not apply.
For business Customers, customised or bespoke goods are non-returnable unless we expressly agree otherwise in writing.
A request to alter the specification after completion does not constitute a defect and any further alteration will be treated as additional chargeable work.
This clause does not exclude or restrict any statutory rights relating to goods which are faulty, not as described, not of satisfactory quality or otherwise fail to conform to the contract.
Before authorising any return alleged to be faulty, we may reasonably require photographs, video, diagnostic information or other information necessary to establish the nature of the reported problem.
Goods must not be returned without first contacting us and obtaining return instructions. Unauthorised returns may be refused or returned to the Customer at the Customer's cost, except where doing so would conflict with the Customer's statutory rights.
13. Changes Requested After Work Has Commenced
Where the Customer changes the agreed specification after work has commenced, we may charge for work already undertaken, components which can no longer reasonably be used elsewhere, additional labour, replacement components and any additional delivery or third-party costs.
Any revised completion date resulting from a Customer-requested change will replace the original estimated completion date.
14. Testing
Custom-built and refurbished lightbars will be functionally tested before dispatch or collection insofar as reasonably practicable.
Testing confirms operation at the time of testing and does not constitute a representation that every component is new or that the product retains the original manufacturer's specification, certification or approval.
15. Vehicle Compatibility and Electrical Systems
Unless expressly included within the agreed specification, we do not warrant that a custom lightbar will interface directly with a particular vehicle's CAN-bus, body control module, factory wiring, switchgear or other electronic control systems.
Modern vehicle electrical systems vary significantly between manufacturer, model, specification and model year.
It is the Customer's responsibility to ensure that installation is carried out by a suitably competent person and that appropriate relays, fuses, interfaces, control modules, suppression devices or other equipment are used where required.
We shall not be responsible for damage to a vehicle or its electrical or electronic systems resulting from incorrect installation, unsuitable wiring, incorrect voltage, polarity, programming or connection by the Customer or a third party.
16. Installation
Unless installation is expressly included in our written quotation, supply of a lightbar does not include installation.
The Customer is responsible for ensuring that the lightbar is safely and correctly mounted, wired, fused, controlled and installed.
Any installation instructions or technical information supplied by us are provided to assist a competent installer and do not remove the installer's responsibility to ensure that the installation is appropriate for the particular vehicle and intended use.
17. Water Resistance and Weatherproofing
Where an original lightbar is opened, drilled, modified, rebuilt or fitted with non-original components, its original manufacturer's ingress-protection or weather-resistance rating may no longer apply.
We will take reasonable care to seal lightbars intended for external use where sealing forms part of the work undertaken by us. However, unless expressly agreed in writing, we do not warrant that a modified or refurbished lightbar retains any particular manufacturer's IP rating or certification.
The Customer must ensure that cable entries, mounting points, connectors and any installation work carried out by the Customer or a third party are appropriately sealed.
Water ingress resulting from incorrect installation, damage, pressure washing, drilling, third-party modification, deterioration of seals or failure to maintain the equipment is not covered by our workmanship warranty.
18. Emergency Warning Equipment and Legal Use
Some equipment supplied or modified by us may be capable of displaying blue, red, amber, green, white or other warning lights or operating in patterns associated with emergency, recovery, highway or other specialist vehicles.
The supply, possession or technical capability of such equipment does not constitute confirmation that its use is lawful on a public road or on any particular vehicle.
The Customer is solely responsible for ensuring that the installation and use of the equipment complies with all applicable legislation and regulations, including, where applicable, the Road Vehicles Lighting Regulations 1989 (as amended) and any other requirements governing emergency or warning lighting.
The Customer must not infer from our sale, modification or configuration of equipment that we have determined that the Customer, vehicle or proposed use is legally entitled to display any particular colour or warning signal.
Where equipment is purchased for display, collection, export, private land, film, historic vehicle or other specialist purposes, the Customer remains responsible for ensuring that its actual use is lawful.
19. Warranty
Unless otherwise stated in writing, our warranty applies to the workmanship carried out by us and to components supplied by us for the warranty period stated on the quotation or invoice.
Where no specific warranty period is stated, this does not affect any statutory rights which apply to the transaction.
Our commercial warranty does not cover normal wear and tear, accidental or deliberate damage, misuse, incorrect installation, incorrect voltage, polarity, wiring or electrical supply, damage caused by unsuitable vehicle electrical systems, water ingress resulting from installation or subsequent modification, pressure washing or inappropriate cleaning, damage caused by third-party repairs, programming or alterations, defects in Customer-supplied components, faults caused by components or equipment not supplied by us, or cosmetic deterioration reasonably associated with used or refurbished components.
Where a manufacturer's warranty applies to a new OEM or aftermarket component, the benefit of that warranty will be passed to the Customer where reasonably possible.
Nothing in this warranty excludes or restricts statutory rights which cannot lawfully be excluded.
20. Faults and Warranty Returns
If a Customer believes a lightbar supplied or modified by us is faulty, the Customer should contact us before arranging repair or modification elsewhere.
We must be given a reasonable opportunity to inspect, test and, where appropriate, repair the equipment.
Where a business Customer arranges third-party repair, alteration, dismantling or modification without first giving us a reasonable opportunity to investigate the alleged fault, we may reject liability for additional damage or costs resulting from that intervention.
Where a valid warranty fault is established, our remedy may, as appropriate, include repair, replacement of the affected component, re-performance of the relevant work or another remedy agreed with the Customer.
Consumer statutory remedies are unaffected.
21. Uncollected Customer Equipment
Where Customer-owned equipment has been supplied to us for repair, modification, refurbishment or other work, we will notify the Customer when it is ready for collection or dispatch.
The Customer must arrange payment and collection or delivery within 30 days of notification unless otherwise agreed.
If equipment remains uncollected, we may give the Customer further written notice requiring collection within a reasonable specified period.
We reserve the right, to the extent permitted by law, to charge reasonable storage costs after the initial collection period.
If goods remain uncollected following appropriate notice, we may exercise any rights available to us under applicable law in relation to uncollected goods, including sale or disposal where legally permitted. Any proceeds will be dealt with in accordance with applicable law.
This provision does not permit us to dispose of Customer-owned goods without following any notice or other procedure required by law.
22. Delivery and Transit
Unless otherwise agreed, delivery charges are additional to the price of the work.
The Customer must inspect packages promptly following delivery and notify us as soon as reasonably practicable of visible transit damage.
Where equipment is being returned to us, it must be packaged appropriately to protect lenses, domes, housings, mounting feet, cables and electronic components.
We are not responsible for damage caused by inadequate packaging used by the Customer, subject to any statutory rights applicable to consumers.
23. Customer Approval
Where a specification, drawing, photograph, component list, lighting configuration or written description is provided for approval, the Customer is responsible for checking it carefully before approving the build.
Customer approval authorises us to proceed substantially in accordance with that specification, subject to the component availability and substitution provisions contained in these Terms.
Where the Customer has approved a particular configuration, colour arrangement, flash pattern, cable arrangement or cosmetic specification, a subsequent preference for a different configuration will not of itself constitute a defect.
24. Intellectual Property and Manufacturer Identification
Reference to a lightbar manufacturer's name, model or trademark is used solely to identify the original product, compatible equipment or basis of a custom build.
Unless expressly stated otherwise, a lightbar modified, rebuilt or refurbished by us is not represented as having been manufactured, rebuilt, approved or endorsed by the original manufacturer.
Original manufacturer's trademarks, labels or markings which remain on OEM components identify those components only and should not be taken as confirmation that the complete modified product is factory-original.
25. Limitation of Liability – Business Customers
This clause applies where the Customer is acting wholly or mainly for purposes relating to their trade, business, craft or profession.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
Subject to the above, our total liability arising out of or in connection with the relevant order shall not exceed the total price paid or payable to us for the goods and services giving rise to the claim.
We shall not be liable to a business Customer for loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill, loss of use, operational downtime or any indirect or consequential loss.
The Customer is responsible for maintaining appropriate alternative equipment where uninterrupted availability of warning equipment is operationally important.
26. Consumer Customers
Where the Customer is an individual acting wholly or mainly outside their trade, business, craft or profession, they are a consumer.
Nothing in these Terms is intended to exclude, restrict or replace rights or remedies provided to consumers by law, including applicable rights under the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If any provision of these Terms conflicts with a mandatory consumer right, the relevant statutory right will prevail.
27. Force Majeure and Matters Outside Our Control
We shall not be responsible for delay or failure to perform caused by circumstances beyond our reasonable control, including component shortages, manufacturer discontinuation, supply-chain disruption, carrier delays, industrial action, fire, flood, severe weather, power failure or failure of third-party suppliers.
Where such circumstances materially affect an order, we will contact the Customer and take reasonable steps to minimise the effect of the delay.
28. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be treated as modified to the minimum extent necessary or, if necessary, deleted without affecting the validity of the remaining provisions.
29. Governing Law and Jurisdiction
These Terms and any contract between us and the Customer shall be governed by the laws of England and Wales.
Where the Customer is acting in the course of a business, the courts of England and Wales shall have exclusive jurisdiction.
Where the Customer is a consumer, nothing in this clause deprives the Customer of any mandatory jurisdictional rights available to them under applicable law.