================================ APPLICATION FOR CREDIT FACILITY ================================ ----------------- COMPANY DETAILS ----------------- Company Name: Trading Address Line 1: Trading Address Line 2: Registered No.: Telephone No.: Fax Number: Years Trading: Credit Required: £ ------------------- NAMES & HOME ADDRESS OF PARTNERS (if not a Limited Co.) ------------------- Name: Address: Name: Address: ------------------- TRADE REFERENCES ------------------- Company Name: Address Line 1: Address Line 2: Company Name: Address Line 1: Address Line 2: ------------------- BANK REFERENCES ------------------- Name and Branch: Address: Account Number: Sort Code: STATUS ENQUIRY CONSENT I ............. (Name) being an authorised signatory for ............. (Company) consent to ............. Bank Plc providing a reference to The Lightbulb Company (UK) Limited. Signed ............. Dated ............. I/We have read and accept the Conditions of Sale of The Lightbulb Company UK Ltd Authorised Signatory ............. Dated ............. Position Held ............. Print Name ............. ======================================= The Lightbulb Company UK Limited Thomas Edison House, 74-77 Magdalen Rd, Oxford, OX4 1RE Telephone No. (01865) 794500 Fax No. (01865) 203996 ======================================= CONDITIONS OF SALE --------------------- 1.GENERAL: All orders are subject to these conditions of sale and the placing of an order by the buyer shall be considered as acceptance of these conditions. The conditions may not be modified or varied unless The Lightbulb Company UK Limited (hereinafter referred to as ‘the Company’) agrees in writing and the Company shall not be deemed to accept such other conditions nor waive any of these conditions by failing to object to provisions contained in any purchase order or other communication from the buyer No person has authority on behalf of the Company to vary any condition except a Director or the Company Secretary, and then only in writing signed by a Director or the Secretary. 2.NEW ACCOUNTS: Prospective customers wishing to open a credit account are requested to furnish two trade references and a Banker’s reference. Until the opening of a credit account has been confirmed, a remittance should accompany the order, otherwise delivery will not be made until after the references have proved acceptable. 3.PRICES: Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of despatch and any price list of the Company whether published or not shall not affect the right of the Company to charge for goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate. 4.CREDIT: Any contract shall be subject to the Company being satisfied as to the buyer’s credit worthiness and without prejudice to the generality of the foregoing the Company may in its absolute discretion, having informed the buyer that the goods are ready for delivery, refrain from delivering the goods until such time as the buyer tenders the purchase money to the Company in a form satisfactory to the Company 5.ORDERS: Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred by the Company as a result of duplication of order will be charged to the buyer 6.DELIVERY: Delivery dates are promises given in good faith by the Company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by the Company. 7.TITLE TO GOODS: The Company and the buyer expressly agree that until the Company has been paid in full for the goods supplied: The goods remain the property of the Company although the risk therein passes to the buyer at the point when delivery is made The Company may recover those goods at any time from the buyer in his possession if the Company judges that the amount outstanding from the buyer on the general statement of account between the parties is in excess of the credit limit the Company is willing to accord to the buyer and for that purpose the Company’s servants and agents may enter upon any land or building upon which the goods are situated If the buyer incorporates such goods into other products, with the addition of his goods or those of others, or uses such goods as materials for other products, with or without such addition, the property in those other products is upon such incorporation or use ipso facto transferred to the Company and the buyer as bailee of them for the Company will store the same for the Company in a proper manner without charge to the Company The buyer has the right to dispose of the goods or such other products in the course of his business for the account of the Company and to pass good title to the goods or products to his customers being a bona fide purchase for the value without notice of the Company’s rights In the event of such disposal the buyer has the fiduciary duty to the Company to account to the Company for the proceeds but may retain there from an excess of such proceeds over the amount outstanding and due to the Company, and the Company has the additional right to recover the buyer’s price from the buyer’s customer to the extent unpaid; if the Company avails itself of this right, it will account to the buyer for any excess less any expenses incurred by affecting recovery 8.CARRIAGE: The Company normally makes no charge for delivery from its own warehouse, but reserve the right to charge carriage on deliveries made outside its usual delivery area, to special addresses and for low value orders. Where goods are specially ordered from manufacturers, and a carriage charge is made, the Company reserves the right to recover this charge from the buyer. 9.PAYMENT: Payment is due by the end of the month following the month of invoice. If payment becomes overdue, the total balance on that account becomes payable immediately 10.WARRANTY: The Companies liability in respect of all goods supplied by it shall be limited to giving the buyer the benefit of any guarantee or warranty given by the manufacturer of such goods. The Company shall not be under any further liability howsoever arising and all conditions and warranties expressed or implied by or under statue custom or trade usage are hereby expressly excluded 11.BANKRUPTCY: In the event of the buyer committing any breach of contract with the Company or if any distress or execution is levied upon the goods of the buyer or if he offers to make arrangements with or for the benefit of his creditors or commits any act of bankruptcy or, being a limited company, has a Receiver appointed of its undertaking or assets or any part thereof or, for the purposes of a reconstruction or amalgamation without insolvency, goes into liquidation, the Company shall there upon be entitled without prejudice to its other rights forthwith to suspend any further deliveries until the fault has been made good or to determine the contract or any unfulfilled part thereof, or at the Companies option to make partial deliveries 12.LEGAL CONSTRUCTION: Unless otherwise agreed by the Company in writing, these conditions shall in all respects be construed and operate as an English Contract, in conformity with English Law