THE CONTRACT All orders are executed solely under these terms unless expressly waived or varied by us in writing.
REPRESENTATION The goods are supplied on the basis that they conform to the written terms of this document. No other conditions or warranties whether written or oral alleged to have been made or entered into by us or our servants or agents shall be of any force or effect.
PRICES Unless otherwise stated, prices are quoted ex works ex VAT and are subject to revision without notice.
PRINT Unless specified, the size and positioning of print is at our discretion.
COLOUR MATCH Every effort is made to match colours to your requirements. Where an exact colour match is required with no tolerance, we recommend a proof, charged extra. Failing this, no liability can be accepted for colour variation.
QUANTITIES In common with print trade practice; quantities can vary by +/- 5%. Orders are accepted on the basis that the final invoice is for the actual quantity received.
PAYMENT All sums become due under these terms as shown on our sales invoice. We understand and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid in accordance with agreed terms. Interest is charged at +8% of Bank of England Base rate ruling on the day payment falls due. If the buyer has a petition presented for its winding-up or has an Administrator appointed or passes a resolution for voluntary winding-up other than for the purpose of a bona fide amalgamation or reconstruction or enters into an arrangement with its creditors or has an Administrative Receiver appointed of all or any part of its assets, the buyer will be deemed to have repudiated the contract and all sums owing on any account shall become due and payable forthwith without further notice. DEFAULT Should the buyer default in payment on the due date or in the event of any of the foregoing occurrences, we shall have the right to enter upon the land or premises where the goods are situated for the time being to recover the goods. CREDIT CARDS For payment by credit card we charge additional 2.5% for personal cards or 3% for corporate cards.
DELIVERY Every reasonable effort is made to achieve stated delivery dates, however any failure on our part to make delivery or part delivery cannot affect the obligations of the buyer. Neither can we be liable for any loss whatsoever arising from non or part delivery by our carriers. We reserve the right to make delivery by instalments and to tender separate invoices in respect of each delivery. A carriage charge plus 10% handling charge will be levied on consignments tendered for delivery and subsequently refused. We shall be entitled to assume that a signature of receipt given on any delivery to an address nominated by the buyer is that of a duly authorised representative. CARRIAGE is charged extra.
DEFECTS We shall have no liability for any non-delivery, defects or shortages that would have been apparent by careful inspection on delivery, unless written notice is received within 7 days of delivery or receipt of invoice.
GUARANTEE If we are satisfied that goods supplied are defective in either materials or workmanship, we will at our discretion offer either a replacement or a credit refund of the purchase price. We shall have no further liability in respect of the goods or any defects therein and all conditions and warranties whether express or implied by law as to the quality of the goods or their fitness for a particular purpose or otherwise are expressly excluded expect insofar as statute provides to the contrary.
THIRD PARTY CLAIMS We shall not be responsible for any injury damage or loss caused directly or indirectly by the goods whether as a result of their operation or use or otherwise and whether as a result of any defect therein or otherwise and the Buyer shall indemnify us from any claim arising from any such injury damage or loss suffered by any third party.
LIABILITY Our liability in respect of the good hereunder (whether by breach of this contract or under the law of tort or contract) shall in no event exceed the purchase price of the goods.
OWNERSHIP The relationship between ourselves and the buyer is fiduciary and equitable and beneficial ownership of goods supplied remains with us until payment in full has been made. Should the buyer sell on goods for which he has not paid in full, this fiduciary relationship and our proprietary rights shall transfer to the proceeds of any such sale which the buyer shall hold in trust in order to complete full payment for the goods.
FORCE MAJEURE We shall not be liable for any loss or consequential liability or damage sustained by the buyer by reason of act of God, war, riot, fire, strike, lock-out, government control or regulation, abnormal weather conditions, accident, breakdown or other circumstances beyond our control.
NOTICES shall deemed to have been given if sent or delivered to the buyer at the address specified overleaf, 48 hours after posting or if by facsimile transmission, at the time of sending.
JURISDICTION This contract shall be governed by English Law.
These terms apply to SUBSEQUENT ORDERS placed by the buyer.