(herein referred to as the Company)
The placing of an order with the Company shall constitute acceptance of the terms and conditions herein.
The law of England shall apply and the courts of England shall have jurisdiction to hear and determine any dispute or wager arising hereunder.
Unless the Company agrees to the contrary, any order of goods must be accompanied by payment in full including VAT where applicable.
Where the Company has agreed to provide credit facilities to the Customer prior to the placing of an order or delivers the goods or permits their collection without full payment then:-
a) the Customer shall discharge each invoice raised by the Company in respect of the supply of goods within 30 days.
b) where any invoice remains unpaid at the end of the 30 day period then interest shall be payable upon the total of the invoice (including tax) and together therewith at the rate of 2% per month or part thereof compounded monthly.
Payment of balances outstanding for goods by customers who have not been given credit facilities (to include interest and storage charges if any) shall be made on or before delivery or collection.
The company will refund in full any item returned in saleable condition, in original packaging returned with a copy of the original receipt for a period of up to 30 Days from date of purchase.
The quotation by the Company of a date for delivery is for guidance only and time shall not be the essence in respect thereof not withstanding any representations, assurances or other statements made by the Company or any person on its behalf whether oral or in writing.
Where goods are ready for delivery or collection or are appropriated by the Company to any order and remain for whatever reason on the custody of the Company then:-
a) the Company will notify the Customer of the availability of the goods
b) if after fourteen days from such notification the goods remain with the Company for whatever reason the storage charge set out in (c) below shall be payable to the Company in the same way and upon the same terms as interest upon outstanding invoices
c) the storage charge shall be 1% of the net invoice value of the goods per month or part thereof plus VAT.
Where an order is placed for a quantity of goods of one specification then the supply of a number of items within 10% of the quantity specified shall be proper performance of the contract and the Customer will accept the number supplied as though the Company has supplied the exact number ordered.
Where any artwork, material, drawings, samples or other property of whatever nature is provided by the Customer to the Company to enable the fulfilment of an order or part thereof then:-
a) The property shall remain at the customer’s risk and the Company accepts no liability therefor.
b) Where the property so supplied is to become part of the goods supplied by the Company or used in any process in the manufacture of the goods supplied then the customer will provide a sufficient number taking into account reasonable spoilage in production and the Customer acknowledges that such spoilage will give to the customer no right of claim or set off in respect of the spoiled property.
The Company shall in the circumstances set out below be entitled to take the following steps:
a) stop all work on unfulfilled orders and deliver an invoice or invoices for any sum due herein under.
b) retain any property belonging to the Customer until payment of all sums due from the Customer and after 6 weeks sell the said property to reduce or discharge all that is due.
c) demand and be entitled to immediate payment of all monies outstanding from the Customer notwithstanding that any credit period granted to the Customer has not expired.
d) treat any order as cancelled and the Customer will then be liable for the payment of sums due under CANCELLATION herein.
The circumstances referred to:-
a) If the Customer becomes insolvent.
b) If enforcement proceedings are taken by any creditor of the Customer (to include the Company) on any asset of the Customer.
c) If any notice served under the Insolvency Legislation is not complied with by the Customer.
d) If any insolvency proceedings are brought against the Company.
e) If the Customer calls any meeting or passes any resolution concerning the doubtful financial state of the Company.
f) If the Customer howsoever causes the Company to reasonably suppose that the sums due or to be due in respect of placed orders will or may not be paid.
g) Any invoice rendered to the Customer remains unpaid for 28 days following the date upon which it fell due for payment.
Where the Company supplies samples to the Customer those samples will remain the property of the Company in all legal respects. Samples may not be used by the Customer for any promotional or similar purpose without the consent of the Company.
Samples must be retained by the Customer in its own possession and the Customer is to deal with them in a like manner to the goods of the Company under the RESERVATION OF TITLE clause herein.
Where the Company is requested by a Customer to create or amend a work of any kind then, in the absence of any express assignment, the Intellectual Property Rights in the work belong to the Company and the Customer shall have no rights to the work.
E. & O. E.
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