Terms & Conditions of Sale
These conditions of sale shall override any terms and conditions of the buyer.
Notwithstanding any specific dates mentioned for delivery of the goods, time shall not be deemed to be at the essence of the contract. Failure by the seller to deliver in
the time stated shall not entitle the buyer to any claim upon the seller by reason of such failure.
All prices in quotations are calculated having regard to the price of raw materials, labour and all other expenses of the seller's business applicable at the date of the quotation.
In the event of any increase in such costs between the date of quotation and the date of despatch the seller shall be entitled to increase the quoted price to take
account of such increase.
All goods are at the buyer's risk from the time of delivery to the buyer or his agent or the place stipulated in the contract as the place of delivery.
5. Delivery by Instalment
Where the contract provides for delivery of goods by instalment, 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 affect the balance of the contract or entitle the buyer to cancel the same.
6. Non Delivery
In the event of non delivery of the goods the seller must be notified within seven days of receipt of notification of despatch.
7. Time for Payment
Payment is due by the 28th day following the date of invoice. The buyer shall ensure that all sums due are received by the seller on or before the due date. If the buyer fails to pay the seller on or before the date specified for payment of sums due to the seller specified on the invoice, the seller may in addition to any statutory or other remedies:
a) suspend delivery under all or any contracts with the buyer whilst the buyer remains in arrears with payment and /or
b) charge interest at the rate of 5% per annum above the base rate of Barclays Bank plc on the outstanding debt from the date the invoice fell due for payment with interest accruing on a daily basis.
8.Property in the Goods
The goods shall remain the property of the seller until the seller has received payment in full and the buyer shall, until such payment has been made in full, keep the goods marked and/or separately stored so as to be clearly identifiable as the seller's property PROVIDED ALWAYS that the risk of loss of or damage to the goods shall pass to the buyer in accordance with condition 4.
9. Force Majeure
Every effort will be made to carry out the contract but it's due performance is subject to cancellation by the seller or to such variations as he may find necessary as a result of inability to secure labour, materials or supplies or as a result of any Act of God, war, strike, labour dispute, fire, flood, drought, legislation or any other cause beyond the control of the seller.
In the absence of any notification in writing to the seller of any defect in the goods supplied within 28 days of delivery, the buyer shall be deemed to have examined the goods and accepted the same in good condition and free from any defects other than latent defects.
11. Refusal of Delivery
If the buyer refuses to accept delivery of the goods or any part thereof, the return carriage and/ or storage of the goods at the seller's premises or elsewhere will be at the expense of the buyer and at the buyer's risk. The seller shall be entitled to charge and the buyer shall pay the reasonable sum in respect thereof without prejudice to any other rights of the seller under these conditions or otherwise.
12. Fitness for Purpose
Where the goods are required by the buyer for a purpose other than the normal or usual purpose which the goods are commonly supplied then no condition of warranty of fitness for the purpose of the goods shall be implied in the contract unless the buyer shall have made known to the seller in writing the exact purpose for which the goods were intended to be used on or before the making of the contract.
13. Property Rights Etc
The buyer shall indemnify the seller against all claims for infringement or alleged infringement of Third Party patent, copyright or proprietary rights and all costs and expenses incurred in connection therewith arising from the execution of the buyer's order in accordance with the buyer's designs, plans or specifications.
Where special ink colours have not been agreed between the buyer and the seller the nearest available commercial match will be used. Every care will be taken to avoid rub off but the seller makes no guarantee that this will not happen and accepts no responsibility for any problems of this nature which may arise immediately or subsequently. Slight variations in shade may occur either throughout the run or from a previous order.
15. Place of Delivery
Where the place stipulated for delivery is not contiguous with a good hard road, the seller reserves the right to deliver the goods at a point on the nearest good hard road. In the absence of proper unloading/ goods inward facilities leading to difficulties with delivery, the seller reserves the right to charge a reasonable sum for such service. Unloading the goods by the seller's driver shall be at the sole risk of the buyer.
16. Size of Materials
Unless specified in writing as accurate all sizes on price lists, estimates and brochures are only approximate.
17.Availability of Goods
Any quotation given by the seller shall not constitute an offer for sale or a representation that the goods specified in the quotation are available for sale.
18. Acceptable Quality Levels
Quantities may be 10% under or over and charged accordingly. Gauge is subject to a 10% tolerance and size to a 5% tolerance.
All blocks, sketches and origination work shall remain the property of the seller until paid for by the buyer. All blocks, sketches and origination work submitted in connection with the seller's quotation are and remain the seller's copyright.
20. Proof Reading
No responsibility shall be accepted for any errors in proof which have been submitted to and approved by the buyer.
Where the goods consist of printed bags or reels, alterations from the original copy on or after the first proof including alterations in style , will be charged as an extra.
Cancellations must be made in writing and cannot be accepted if orders are already in production or have been despatched.