ASHPRINT
(
Terms
and Conditions of
In these conditions
the 'Company' means Ashprint (
1. Payment Terms
1.1 Where the Company has been provided with two trade
and one Bank references and the Company has agreed credit facilities, payment
of the Company’s invoice shall be made within 30 days from the date the goods
were invoiced.The Company reserves the right to charge interest of 3% monthly on
accounts that are not settled within our terms of trading.
1.2 The Company
reserves the right where genuine doubts arise as to the Buyer’s financial
position or in the case of failure to pay for any product or any delivery or instalment as
aforesaid to suspend delivery of any order or any part or instalment without
liability until payment or satisfactory security for payment has been provided.
1.3 Any discounts that are offered on the strict
understanding that accounts are paid by the due date. The Company reserves the right to cancel any
such discounts to accounts which become overdue.
2. Passing Title and Risk
2.1 The Buyer shall be responsible for the goods being
suitable in every way for the purpose for which they are intended to use them
and no warranty, condition or representation is given by the Company as to the
fitness of any goods for any particular purpose.
2.2 All goods delivered or not, remain the Company’s property until payment is
received in full.
2.3
Until such time as payment in full is made the Buyer shall retain such goods
separately from other goods and clearly mark them in such a way that they can
be readily identified as being the Company’s property and any payment received
by the Buyer for any sale of such goods must be held in a separate account in
trust for us.
2.4 In the event on non-payment by the Buyer, or
a Receiver Liquidator or Administrator is appointed, or the Buyer is declared
bankrupt or makes any proposal to his creditors for a composition or other
voluntary arrangement, for such goods the Company will, without loss of any
rights or remedy, remove those goods belonging to the Company in accordance
with these conditions and the Company shall be entitled to enter upon the
property where the goods are stored and repossess and remove the same.
2.5 The Buyer hereby grants us irrevocable licence to enter any
premises for the said purposes.
2.6 The risk in the goods shall pass to the Buyer on delivery or when the
product is loaded onto the Buyer’s carrier’s vehicle, whichever is sooner.
3. Products
Any indication as to the size, thickness, density or
other description of the product is approximate or nominal only. The Company will use its best endeavours to
deliver the product ordered by the buyer but reserves the right without giving
the Buyer prior notice to supply alternative products provided they are of a quality
and standard equal to the products ordered.
4. Quotations and Contracts
4.1 A quotation is for information only and is binding on
the Company only if and to the extent that it is incorporated in an order which
the Company has accepted in writing.
4.2 Quotations are based on the current costs of
production and are subject to amendment by the Company on or at anytime after
acceptance to meet any rise or fall in such costs.
4.3 Orders are accepted
subject to our right to adjust prices quoted to take account of any changes in
the law or government regulations requiring us to increase prices by way of
direct taxation, import duties, custom and excise duties or otherwise.
4.4 To ensure accuracy all orders must be confirmed by fax or post or email.
Telephone orders cannot be processed until written confirmation has been
received. All changes to purchase orders must be confirmed in writing and are
subject to all costs incurred until the date of our acknowledgement or change.
5. Prices
5.1 The Company shall be entitled to charge the amount of
any VAT payable at the current rate whether or not included on the quotation or
invoice.
5.2 Unless otherwise agreed, the price of the goods will
be that in the Company’s price list at the date of despatch. The Company shall be entitled to amend its
price list from time to time without notice.
5.3 All prices are sold “ex works” unless otherwise
stated.
5.4 There shall be added to the price for the product any
value added tax and any other tax or duty relating to the manufacture,
transportation, export, import, sale or delivery of the product (whether initially
charged on or payable by the Company or the buyer) and (where appropriate) the
freight and other charges as specified in the relevant carriage tariff current
at the date of despatch.
6. Delivery
6.1
Every effort will be made to deliver on time, but any delivery day specified is
a best estimate and no liability is accepted for any damage or loss whether
arising directly or indirectly from delay or error in the delivery of the
goods. All deliveries will be charged at the prevailing rates applying at the
date of such delivery.
6.2 Special rush deliveries can usually be arranged but will usually be subject
to additional charges (e.g. rush print charges and rush delivery charges) which
will be charged to the Buyer at current commercial rates.
7. Quantity variation
The
Company shall be deemed to have fulfilled our contract by delivery of a
quantity within 10% plus or minus of the quantity of goods ordered and the Buyer
will be charged at the contract rate for the final quantity delivered.
8. Claims
8.1 Claims arising from damages,
delay or partial loss in transit must be made in writing to us, so as to reach
us within 5 days of delivery.
8.2 In cases where notice is given
under (8.1) hereof the Company’s liability shall be limited to the cost of the
product so damaged lost or in short supply. The Company shall not be liable for
any consequential loss save in cases where the buyer has given notice in
writing to the Company at the time of placing the order of the nature and
extent of any claim liable to arise from loss or damage in transit.
8.3 All claims with
regard to the quality or quantity of the goods shall be made in writing to us
so as to reach us within 5 days of receipt of goods or such goods shall be
deemed to comply as to quality with the terms of the contract.
8.4 The Buyer must examine all goods delivered at the time of delivery. We
shall not be liable for any loss arising from damage caused to the goods in
transit unless loss or damage is noted on the delivery note at the time of
delivery.
8.5 Claims in respect of non-delivery must be made in writing so as to reach us
within 4 days from receipt of our invoice.
9. Liability
9.1
Any defects in the product howsoever arising must be notified in writing to the
Company by the Buyer within 14 days of their receipt.
9.2 In the event of such notice being received and the
defects complained of being confirmed by the Company or by an independent
expert the Company shall at its option either rectify the defects free of
charge, or replace the defective product free of charge or allow to the Buyer a
credit in the amount of the defective products.
9.3 Where products are reported to be defective they must if
required by the Company be retained by the Buyer for inspection by the Company.
9.4 Save as hereinbefore provided the Company shall be under
no liability to the Buyer in respect of any defects in the product.
9.5 Save in so far as
defects in the goods cause death, injury or damage to any person or personal
property, our liability for any loss or damage suffered by you in respect of
the goods shall be limited to the contract value of the goods. In particular the Company shall not be liable
for any consequential loss howsoever arising.
9.6 We can accept no responsibility for loss or damage arising from the supply
of goods under this contract unless you have fully complied with the
notification of claims procedure set out in clause 8.
9.7 Nothing in these terms and conditions shall affect the right of a consumer.
10. Rejection of Orders
The Company reserves the right to reject an order on giving
written notice thereof to the buyer within seven days of the receipt of the
order. In the event of such rejection no liability shall accrue to the Company.
11. Cancellation Charges
A charge will be made on
all cancelled orders, together with the charge for all work carried out up to
the date of receipt of written cancellation.
12. Overdue Accounts
12.1 No goods will be delivered
on accounts which remain unpaid 14 days after payment is due. This does not
prevent the Company from pursuing payment of overdue accounts at any time after
payment becomes due and shall be in addition to and without prejudice to any
other rights we may have against you.
12.2 The Company reserves the right to charge you for any legal or collection
charges where it is necessary to obtain payment from you of an overdue account
through a third party or Court proceedings.
13. Buyer’s Property and Property Supplied
13.1 Buyer’s property and all property supplied to the Company by or on
behalf of the Buyer will by held at the Buyer’s risk.
13.2 Every care will be taken to secure the best results where materials
or equipment are supplied by the Buyer, but responsibility will not be accepted
for imperfect work caused by defects in or unsuitability of such materials or
equipment.
13.3 Where the Buyer’s supplied materials, adequate quantities shall be
supplied to cover spoilage.
14. Artwork and Printing
14.1 Tools, blocks, stencils, plates, screens and artwork
are chargeable, unless otherwise agreed, and remain the property of the Company
even though the Buyer may have been charged with a sum in respect of the costs
of such tools.
14.2 On placing an order, please supply the necessary pantone
colours for artwork. We will match your pantone colours as close as possible
however 100% match cannot be guaranteed, and the shade of the print colour may
differ slightly when printed onto different surfaces. Due to the nature of
metals and alloys, when engraving we cannot guarantee the colour of the engrave
surface even on the same item within the same order.
14.3 The published print areas and item sizes are approximate and should be regarded
as a guideline only.
15. Trade Marks
15.1 If the Company is requested by its customer to reproduce a
registered trade mark, logo or copyright design, the Company accepts the order
on the condition that the Buyer has the right to reproduce that registered
trade mark, logo, or copyright design for whatever purpose.
15.2 It is the responsibility of the Buyer to ensure that his
requirements do not constitute an infringement of any copyright, patent rights,
registered design, trade mark or name, or any protected rights. The Buyer shall indemnify the Company against
all actions, costs, (including any legal proceedings), claims, proceedings,
accounts and damages in respect of any infringement or alleged infringement of
any copyright, patent rights, registered design, trade mark or name, or any
protected rights resulting from compliance by the Company with the Buyer’s
instruction s whether expressed or implied.
16. Batteries
Unless indicated, batteries are not included.
17. Force Majeure
The
Company will not be held responsible for the failure or delay in the carrying
out of our obligations under the contract arising out of any cause outside our
reasonable control or by inability to procure materials or articles except at
higher prices due to any such cause and in such circumstances we shall be
entitled by notice to terminate the contract in whole or in part without
incurring any liability whatsoever to you.
18. Law
This
contract shall be governed by and construed in accordance with English law and
the courts of