|
Terms & Conditions
Standard Terms and Conditions of Sale
1. Price
- The Price quoted excludes VAT (unless otherwise stated). Vat will be charged at the rate applying at the time of delivery.
- The price quoted excludes delivery (unless otherwise stated)
- Rates of tax and duties on the goods will be those applying at the time of delivery.
- At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
2. Specifications
- if we produce the goods to your specifications, you must ensure
that:- your specifications are accurate
- any material or image forming part of your specifications is of good quality and resolution;
- goods produced in accordance with your specifications will be fit for the purpose for which you intend to use them; and 2.1.4 your specifications will not result in the infringement of any rights of a third party or the commission of a criminal offence
- There may be variations in the shade of reproductions of colour images for which we are not liable. Please also be aware that each product may be printed on a different press even if ordered at the same time with something else and we cannot guarantee colour match between these orders.
3. Delivery
- All delivery items quoted are estimates only
- If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
- You may not cancel if we receive your notice after the goods have been dispatched; and
- If you cancel the contract you can have no further claim against us under that contract.
- If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss or increase in the price of the goods.
- We may deliver the goods in instalments. Each instalment is treated as a separate contract.
4. Delivery And Risk
- The goods are at your risk from the time of delivery.
- Delivery takes place either
- at our premises (if you are collecting them or arranging carriage
- You must inspect the goods on delivery. If any goods are damaged (or not delivered) you must write or tell us within 7 working days of delivery (or the expected delivery time) You must give us (and any carrier) a fair chance to inspect the damaged goods.
5. Payment Terms
- All goods must be paid on a pro forma basis in order for us to proceed with your order.
6. Warranties
- We warrant that the goods:
- comply with their description on our acknowledgement to order form; and
- are free from material defect at the time of delivery (as long as you as you comply with clause 8.5)
- We give no other warranty (and exclude any warranty term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
- We reserve the right to make any changes in the specifications of our goods which are necessary to ensure the conform with any applicable safety or other statuary requirements
- We also reserve the right to make without notice any minor modifications on our specifications designs or materials as we think necessary or desirable
- If you believe we have delivered goods which are defective in material or workmanship you must:
- inform us (in writing), with full details, as soon as possible, and
- allow us to investigate (we may need access to your premises and product samples)
- If the goods are found to be defective in material or workmanship (following our investigations) and you have complied with those conditions (in clause 8.5) in full, we will (at our option) replace thegoods or refund the price.
- We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
- Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £100,000
- For all other liabilities not referred to elsewhere in these terms our liability in damages to the price of the goods.
- Nothing in these terms restricts or limits our liability for death or or personal injury resulting from negligence
7. Return of Goods
- We will accept the return of goods from you only by prior arrangement (confirmed in writing)
8. Cancellation
- If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) we may then hold (or to which we are committed) for the order.
- We may suspend or cancel the order by written notice if
- you fail to pay us any money where due (under the order or otherwise)
- you become insolvent
- you fail to honour your obligations under these terms
- You may not cancel the order unless we agree in writing.
9. Waiver and Variations
- made (or recorded) in writing
- signed on behalf of each party, and
- expressly stating an intention to vary these terms
- All orders that you place with us will be on these terms (or any that we may issue to replace them) By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
10. Force Majeure
- If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
- Examples of those circumstances include act of God, accident, explosion, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
11. General
- Scottish law is applicable to any contract made under these terms. The Scottish courts have non-exclusive jurisdiction.
- If you are more than one person, each of you has joint obligations under these
- If any of these terms are unenforceable as drafted:
- it will not affect the enforceability of any other of these terms; and
- If it would be enforceable if amended, it will be treated as as so amended.
- We may teat you as insolvent if:
- you are unable to pay your debts as they fall due, or
- you (or any item of your property) become the subject of
- a - any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy)
- b - any application or proposal for any formal insolvency procedure; or
- c - any application, procedure or proposal overseas with similar effect or purpose
- you are unable to pay your debts as they fall due, or
- All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents from no part of any contract between us and you should not rely on them in entering into any contract with us.
- Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other registered office or principal place of business. All such notices must be signed.
- The only statements upon which you may either rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either;
- contained in our estimate (or any covering letter) and not withdrawn before the contract made; or
- which expressly state that you may rely on them when entering into the contract
- Nothing in these terms affects or limits our liability for fraudulent
misrepresentation.
