- QUOTATIONS. All quotations are subject to withdrawal or amendment at any time prior to confirmation by the Company or an order for goods referred to therein and are also subject to materials being available at the time of acceptance or order. Clerical errors are subject to correction.
- TERMS.
- Net Cash 30 day
- In the case of contracts involving more than one delivery, if default is made in payment on due date for any one delivery, the seller at his option shall be entitled to treat the contract as repudiated by the buyer and to claim damages accordingly.
- Contracts once accepted cannot be cancelled except by mutual agreement and then only on terms which would fully indemnify the seller.
- INTEREST ON ACCOUNTS EXCEEDING AGREED TERMS. Interest may be charged at the rate of 2% per month on all balances which exceed the agreed terms of payment.
- DEFAULT OR INSOLVENCY.
If the customer:
- Makes an voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (other than otherwise for the purposes of an amalgamation or reconstruction); or
- an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the customer; or
- the Customer ceases or threatens to cease to carry on business; or
- the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer notifies the Customer accordingly;
then without prejudice to any other right or remedy available to the Company the Company shall be entitled to cancel the contract or suspend any further deliveries under the contract without liability to the Customer and if the goods have been delivered but not paid for the price shall immediately become due and payable notwithstanding any previous agreement or arrangement to the contrary.
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COST VARIATION. Estimates are based on the current costs of production and are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. No such amendment shall give the customer any right to cancel an order that has been accepted by the Company, and the customer agrees to pay such amendment price notwithstanding that such price may be in excess of the price quoted in the Company’s estimate or acceptance or order.
- VALUE ADDED TAX. VAT will be charged where payable at the rate ruling on the date of dispatch of the goods, even if not included in the estimate or invoice.
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PRELIMINARY WORK. Work carried out, whether experimentally or otherwise at customer’s request may be charged.
- SKETCHES, etc. All sketches and origination work remain the property of the seller.
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- CUSTOMER REQUIREMENTS, PRINTING AND CONSTRUCTION. Alterations from original copy on and after first proofing including alterations in style of construction will be charged extra.
- ILLEGAL MATTER. The Company shall not be required to print any matter which is deemed to be of an illegal or libellous nature. The Company shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any legal or libellous matter printed for the customer or any infringments of copyright, patent or design. Proofs of all work may be submitted for customer’s approval and no responsibility will be accepted for any errors in proofs which may be passed by him/her. The customer shall be solely responsible for any matter which the seller prints on the goods on the instructions or at the request of the customer, for any design or construction which the seller executes on the instructions at the request of the customer whether the same shall have been supplied by the seller or by the customer and solely responsible for any claim or proceedings made or brought by a third party arising therefrom.
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BUYER’S PROPERTY. Buyer’s property when supplied will be held at buyer’s risk. Every care will be taken to secure the best results where materials are supplied by the buyer, but responsibility will not be accepted for imperfect work caused by defects or unsuitability of materials so supplied.
- DELIVERY
- Where contracts provide for a single delivery without specifying a date goods shall be delivered and accepted within fourteen days of their being ready.
- Each delivery shall constitute a separate contract and any failure or defect in any one delivery shall not vitiate the contract as to the remaining deliveries.
- The seller shall have the option of revising the delivery date or dates prior to manufacture if circumstances beyond the seller’s control prevent the seller keeping to the originally agreed date or dates. The seller shall not be responsible for any losses incurred through late delivery unless agreed prior to placement of the order.
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EXPEDITED DELIVERY. Should expedited delivery be agreed and necessitate overtime or other additional cost, an extra charge will be made.
- RETENTION OF TITLE.
- Risk of damage to or loss of the goods shall pass to the Buyer on delivery.
- Notwithstanding delivery and the passing of risk in the goods, title in the goods shall not pass to the Customer until the Company has received the price in full
- Until such time as the title in the goods passes to the Customer the Customer shall hold the goods as the Company’s fiduciary agents and bailee and shall keep the goods separate from those of the Customer and third parties. Until that time the Customer shall be entitled to resell or use the goods in the ordinary course of its business but shall account to the Company for the seller’s part of the proceeds of sale of the goods and shall keep all such proceeds separate from any monies or property of the Customer and third parties.
- Until such time as title in the goods passes to the Customer (and provided the goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and if the Customer fails to do so forthwith to enter upon the premises of the Customer or any third party where the goods are stored and repossess the goods.
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QUANTITY VARIATIONS. A shortage or surplus charged pro rata not exceeding 10% will be considered due execution of any contracts except as otherwise specifically agreed in writing by the seller and the buyer. Where an order provides for delivery in instalments then for the purpose of the clause, these instalments shall be aggregated.
- ISO 9002. All or part of the goods, or services employed in the production of the goods, may be supplied by an outside contractor not registered under the ISO 9002 quality system. However, their goods or services are under strict quality control systems. They are also subject to incoming goods inspection in accordance with ISO 9002 procedure (QP07 3.3).
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CLAIMS. Complaints or claim will only be entertained if lodged in writing by the buyer within seven days of receipt of goods by him, or if related to the transport of goods within such time as will enable the seller to comply with the time limit and procedure of the Railway Companies or other carriers by whom the goods were transported. The return of goods will not be accepted unless the seller or his representative shall first have had the opportunity of examining same.
- MATERIALS. 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.
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MACHINE READABLE CODES.
- In the case of Machine Readable Codes or Symbols the manufacturer shall print the same as specified or approved by the customer in accordance with generally accepted standards and procedures.
- The customer shall be responsible for satisfying himself that the Code or Symbol will read correctly on the equipment likely to be used by those for whom the Code or Symbol is intended.
- The customer shall indemnify the manufacturer against any claims by any party resulting from the Code or Symbol not reading correctly for any reason except to the extent that such claim arises from any failure of the manufacturer to comply with paragraph (a) above which is not attributable to error falling within the tolerances generally accepted in the trade in relation to printing of this sort.
- STORAGE CHARGES. Storage charges will be made for all material and finished stock. They will be payable whether for material supplied by the customer bought by the Company on the customer’s behalf and re-charged, or bought by the Company for use on a contract agreed by the customer. Such charged will be levied:
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- When storage has been occasioned at the request of the customer or
- Where delays in the contract have been caused by the customer.
- Storage charges for unprinted material will commence to be incurred sixty days after the date under the terms of the agreement when material was due to have been used, or when received earlier at the specific request of the customer from the date of receipt. Storage charges for customer’s printed material and finished stock will commence thirty days from being placed into storage (a full month’s storage will be charged for any month or part thereof, exceeding these periods).
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LIABILITY
- The Company will not accept responsibility 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 delay in delivery howsoever caused and whether as a result of negligence or otherwise.
- Where the work is defective for any reason, including negligence, the Company’s liability (if any) shall be limited to rectifying such defect or at the Company’s option replacing such defecting work.
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FORCE MAJEURE, Etc. The performance of all contracts is subject to variation or cancellation by the seller owing to an Act of God, war, strikes, lock-outs, fire, flood, drought, tempest or materials or articles required for the performance of the contract and the seller shall not be held responsible for any liability to delivery caused by such contingency.
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CUSTOMER’S TERMS OF PURCHASE. These conditions of sale shall be binding and take precedence over customer’s conditions of purchase. Nothing in customer’s conditions of purchase will over-rule these Conditions of Sale.
