Branded Products Terms and Conditions
0845 644 8186
Unless otherwise agreed in writing by the Seller these Conditions of Sale shall prevail over any terms or conditions stipulated, incorporated or referred to by the Buyer in their Order or negotiations (whether written or oral). The Buyer acknowledges that it purchases the goods in the course of its business.
All prices included in calculations have regard to the price of raw materials, labour and all other overheads and expenses of the Sellers business applicable at the date of such quotation. The Seller reserves the right to increase the price of the goods to reflect any increase in the cost to the Seller due to any fact or matter out of the control of the Seller. If the Seller has accepted the order and thereafter agrees to any alteration or modification of goods or services which the Buyer has requested, the Buyer shall be responsible for all additional costs and expenses. The price confirmed excludes artwork and blocks for printed orders such costs if applicable will be charged separately.
Where a deposit is paid and work subsequently cancelled through no fault of the Seller the deposit shall not be refundable. In the event that the Buyer should cancel an order without prejudice to any other remedy the Seller will have the right to charge for work done including costs of administration time production time materials and proofing.
The Buyer shall pay all sums due to the Seller within 7 days of the date of the Seller's relative invoice notwithstanding that delivery of the goods may not have taken place. If the Buyer fails to make payment in full on the due date then without prejudice to any other right or remedy the Seller shall be entitled to cancel the contract and/or suspend any further deliveries or services rendered to the Buyer and/or appropriate any payment made by the Buyer to such of the goods as the Seller may think fit and/or charge the Buyer interest on the amount unpaid at the rate of 5% per annum above the Bank of England Minimum Lending Rate from the date of payment with interest accruing on a daily basis.
In the case of goods to be delivered at the Seller's premises risk of damage to or loss of the goods shall pass to the Buyer at the time when the Seller notifies the Buyer that the goods are available for collection or in the case of goods to be delivered at the Buyers premises at the time of delivery or if the Buyer wrongfully fails to take delivery of the goods the time when the Seller had tendered delivery of the goods. Notwithstanding delivery and the passing of risk in the goods the property in the goods both in law and in equity shall not pass to the Buyer until the Seller has received payment of the goods in full in cash or in cleared funds. Until such time as the property in the goods passes to the Buyer the Buyer shall hold the goods as the Seller's fiduciary Agent and Bailee and shall keep the goods separate from those of the Buyer and Third Parties and properly stored, protected, insured, clearly marked and identified as the Seller's property. Should the Buyer resell or otherwise dispose of the goods but not have accounted to the Seller for the price of the goods and all other goods agreed to be sold by the Seller to the Buyer and all other relevant monies it shall keep such proceeds of sale or other disposal that are due and payable to the Seller in a separate bank account and separate from any other monies or property of the Buyer and Third Parties. Until such lime as the property in the goods passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and shall have irrevocable licence to enter upon any premises of the Buyer or of any Third Party where the goods are stored and re- posses the goods.
Delivery of the goods shall be made by the Buyer collecting the goods from the Seller's premises at any time after the Seller has notified the Buyer that the goods are ready for collection or if some other place of delivery is agreed by the Seller delivering the goods to that place. Any dates quoted for delivery are approximate only and the Seller shall not be liable for any delay in delivery of the goods. Time for delivery shall not be of the essence. Where the contract provides for the delivery of the goods by instalments each instalment shall be deemed to be the subject of a separate contract and non-delivery or delay in delivery of any one or more instalments shall not effect the balance of the contract or entitle the Buyer to cancel the same. It is the Buyers responsibility to unload the goods from the vehicle making delivery, if the Sellers driver is obliged to unload the goods without assistance the Sellers reserve the right to charge a reasonable sum for such service. Where palletised deliveries are requested or deemed necessary pallets will be charged extra. Pallets subsequently returned will be credited to the Buyer at the price originally charged.
The Seller shall be under no liability in respect of any defect in the goods or materials arising from any defect in any drawing, design, information or specification supplied by the Buyer. Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or quoted for the contract is not a contract of sale by sample. Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall be notified to the Seller within 5 days from the date of delivery or in the case of latent defects within a reasonable time after the discovery of the defect and the Seller shall be entitled to replace the goods. Otherwise, in the absence of notification to the Seller in writing of any defect in the goods supplied the Buyer shall be deemed to have examined and accepted the goods in good condition and free from any defects.
Where the goods supplied consist of containers wrappers or other articles intended for use in connection with any food drug or substance of a volatile or delicate nature the Buyer shall satisfy itself that such food drug or other substance is not likely to be affected by any material used. The Seller shall not be liable to the Buyer in respect of any claim alleging that such food drug or substance has been adversely affected and the Buyer shall indemnify the Seller from and against all liability by Third Parties in respect of any claim that any such food drug or substance has been adversely affected and caused the Third Party loss damage or expense.
The Buyer shall indemnify the Seller against all claims for infringement or alleged infringement of Third Party patent or other industrial property rights and all costs and expenses incurred in connection therewith arising from the execution of the Buyers order in accordance with the Buyers designs plans or specifications.
All visuals, artwork, plates and stereos remain the property of the Seller until paid for by the Buyer. All visuals, artwork plates and stereos submitted in connection with the Sellers quotation are and remain the Sellers copyright.
No responsibility shall be accepted for any errors in proof which have been submitted to the Seller.
The Sellers do not guarantee exact quantities or gauge or dimension in respect of any goods supplied and shall be deemed to have fulfilled their obligations under the contract by delivery or manufacture of a quantity plus or minus 10% of the quantity or gauge or dimension specified in the contract and the Buyer shall pay the contract rate for the actual quantity delivered. The Seller reserves the right to make any changes in the specification of the goods which do not materially affect their quality or performance.
Whilst every endeavour will be made by the Seller to match colours, exact matching cannot be guaranteed. The Seller shall not be liable fur damage resulting from any transfer of ink from printed substrate.
The Seller shall not be liable for any failure to observe or breach of any of the terms hereof if the delay or failure was due either directly or indirectly to any cause beyond the Sellers reasonable control such as but not exclusively acts of God, explosion, flood, earthquake, subsidence, fire or accident, war or threat of war or preparation for war, sabotage, collapse of structure, breakdowns, industrial action, difficulties iii obtaining raw materials or any other cause whatsoever beyond its reasonable control.
If the Buyer enters a voluntary arrangement with its creditor or has a petition for an Administration Order with its creditors or becomes subject to an Administration Order or becomes bankrupt or goes into liquidation or a Receiver and/or Manager or Administrative Receiver is appointed the Seller shall be entitled to immediately cancel the contract or any part thereof or suspend any further deliveries or require a cash payment before any delivery is made. If the goods have been delivered but not paid for the price shall become immediately due and payable.