|
Standard Terms and Conditions
|
| 1 |
All orders are accepted on Business Gifts (UK) Ltd Standard Terms and
Conditions of Sale, which are set out below.
In these terms the expression "the Company" shall mean "Business
Gifts (UK) Ltd ". |
| 2 |
The prices quoted shall be subject to increase due to factors beyond the
Company's control. The current price for any goods ordered will be the price
applicable at the date of the placing of the order which price will be notified
to the customer prior to the acceptance by the Company of the customer's
order. |
| 3 |
The prices quoted will be exclusive of: - |
|
| A |
Value Added Tax, at the rate ruling at the invoice tax point will
be added to the price. |
| B |
Postage and carriage will be charged in addition to the price at
the prevailing rate at the time of delivery of the goods. |
| C |
The cost of preparing proofs and making dies, screens, jacquards,
tools, masters, engraving and setting up costs in connection with
the any of the foregoing, the price of which works will always be
priced separately and in addition to the price of the goods provided
always that such items shall be and remain the property of the Company. |
|
| 4 |
Orders of less than £100 are subject to an administration charge
of £10. |
| 5 |
Any samples supplied by the Company are supplied on approval and if the
same are not returned in 30 days, such samples shall be deemed to have been
sold to the customer at the price quoted. |
| 6 |
Notwithstanding that any sample has been inspected by the customer, it
is hereby declared that the Company exhibits such samples solely to enable
the customer to judge for himself the quality and not so as to constitute
a sale by sample. The customer takes any goods purchased from the Company
at his own risk as to their correspondence with any sample and generally
as to their quality, condition, or fitness or sufficiency for any purpose. |
| 7 |
Delivery of goods shall be accepted and payment shall become due from
the date of delivery. Terms: 30 days net monthly for approved accounts.
Risk in the goods passes to the customer when they are delivered to his
premises. |
| 8 |
Every endeavor shall be made to deliver the correct quantity ordered,
but quotations are conditional on a margin of 10 per cent being allowed
for overs or shortage, the same to be charged or deducted. |
| 9 |
All delivery dates are estimates only and the time of delivery shall not
be of the essence of the contract. In no circumstances shall the Company
be liable to compensate the Customer in damages or otherwise for non-delivery
or late delivery of the goods for indirect or consequential loss. |
| 10 |
Claims arising from damage, or partial loss of goods must be made in writing
to the Company and the carrier so as to reach them within three days of
delivery and claims for non-delivery within 28 days of despatch of the goods.
All other claims must be made to the Company within 7 days of delivery. |
| 11 |
The Company shall not be liable for indirect or consequential loss or
for any loss to the customer arising from third party claims occasioned
by errors in carrying out the work or by delay in delivery. |
| 12 |
Notwithstanding the earlier passing of risk title in the goods shall remain
the sole and absolute property of the Company as legal and equitable owner
until such time as the customer shall paid to the Company the agreed price
and the customer acknowledges he is in possession of the goods solely as
bailee in a fiduciary capacity for the Company. |
| 13 |
The Company shall not be required to print any matter which in its opinion
is or may be illegal or of a libelous nature. |
| 14 |
The Company shall be indemnified by the customer in respect of any claims,
costs and expenses arising out of any infringement of copyright, patent
or design. |
| 15 |
The Company shall not be liable for any loss, damage, injury, failure
or delay in delivery arising from natural causes human agency or otherwise
beyond the control of the Company or its suppliers including but without
prejudice to the generality of the foregoing, inability to obtain raw materials,
enemy action, acts of war, terrorism, civil commotion, accidents, plant
breakdowns, interference by labour strikes, lockouts, acts of God or government,
aircraft explosion, flooding, malicious mischief or theft or any restriction
regulation order act or omissions or operations by any local or municipal
authority or government department. |
| 16 |
The Company's Standard Terms and Conditions of Sale set out the Company's
entire liability in respect of the goods. The liability of the Company whether
in contract, tort, delict or otherwise in respect of any defect in the Goods
or for any breach of these terms or of any duty owed to the Customer in
connection herewith, shall be limited in the aggregate to the price of the
goods in question. |
| 17 |
Neither the customer nor the Company shall be bound by a variation of
these conditions except as agreed by both parties in writing and signed
on their behalf. |
| 18 |
In the event of any dispute between the Company and the customer the proper
law of the agreement shall be English law and the customer consents to the
exclusive jurisdiction of the English courts in all matters. |
