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Terms & Conditions
1. All orders are
accepted on ABC Promotional Gifts Ltd Standard
Terms and Conditions of Sale which are set out
below.
In these terms the
expression "the Company" shall mean
"ABC Promotional Gifts 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 endeavour 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.
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