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Terms & Conditions
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The
Printed Pen Site Terms & Conditions
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- Definitions
The adherents to these Conditions of Sale are referred to throughout
as 'the Seller' and 'the Buyer'. All transactions are between
the Seller and the Buyer as between Principal and Principal
and are subject to the following conditions.
- General
(a) There shall be no binding contract between Seller and Buyer
until Buyer's order has been accepted by Seller.
(b) These conditions shall apply to the exclusion of
all other terms, including any standard terms of Buyer,
except as agreed in writing by the Seller. Acceptance
of the goods shall be deemed to indicate the Buyer's agreement to these
conditions.
(c) Seller reserves the right to change the design and specification
of goods ordered by the Buyer without notice and to substitute comparable
goods
- Price
(a) Unless otherwise agreed, the price of the goods will be
that in Seller's price list at the date of despatch. Seller
shall be entitled to amend its price list from time to time
without notice.
(b) Unless otherwise agreed, prices quoted are exclusive of the cost
of delivery to any destination in the United Kingdom and are exclusive
of Value Added Tax.
(c) Although every effort will be made to match or better other supplier
prices, we reserve the right to refuse to match these prices within the
[Price Guarantee] pledge.
- Payment
(a) Payment shall be made no later than 30 days from the date
of the invoice.
(b) Seller reserves the right to charge interest of 2.5% monthly
on accounts that are not settled within our terms of trading
(c) Unless otherwise agreed. all accounts are net.
- Quotations
A quotation is for information only and is binding on the Seller
only If and to the extent that it is incorporated in an order
which the Seller has accepted in writing
- Samples
Samples are submitted on approval and will be charged unless
returned in good condition within 28 days.
- Quantity Variations
The Seller will use its best endeavours to produce and deliver
the quantity and specification of goods ordered, but every
contract and delivery is subject to the margins and tolerances,
over or under, customary in the trade and no guarantee or
warranty is given or implied on the part of the Seller which
is incompatible with this provision.
- Printing and Design
(a) All printing, artwork, composition and design is done on
the Buyer's instructions and the Buyer will assume all liability
for any resultant infringement of copyrights and trademarks
and will hold the Seller harmless for any liability therefore.
.
(b) Alterations from the original copy on and after the first proof,
including alterations in style, will be charged extra
(c) All blocks, rubbers, printing plates, sketches and other original work
produced by the Seller in connection with the order shall remain the property
of the Seller unless paid for by the Buyer.
(d) Preliminary work produced, whether experimentally or otherwise, at
the Buyer's request, will be charged extra.
(e) The Seller shall not be required to print any matter in their opinion
is of an illegal nature.
- Cancellation
If an order is cancelled by the Buyer at any time after the
date of acceptance by the Seller then the Buyer shall reimburse
the Seller any costs and expenses incurred by the Seller
in connection with that order
- Trade Marks
(a) The supply of goods by the Seller shall not confer any
right upon the Buyer to use any of the Seller's trade marks
without prior written consent of the Seller and at all times
such trade marks shell remain the property of the Seller.
(b) It is the responsibility of the Buyer to ensure that his requirements
do not constitute an infringement of any copyright, patent rights, design.
trade mark or name, or any other protected rights. The Buyer shall save
harmless and indemnify the Seller from and against all claims and Proceedings
for or on account of any such infringement and from and against all claims,
demands. proceedings, damages costs, charges and expenses whatsoever
in respect thereof or in relation to.
- Delivery and Risk
(a) Any times quoted for delivery are estimates only and Seller
shall not be liable for failure to deliver within the time
quoted
(b) Delivery of the goods to the stipulated place of delivery or to a
carrier nominated by the Buyer, whichever is the sooner, shall constitute
delivery to the Buyer. All risks in the goods shall pass to Buyer on
such delivery.
(c) Discrepancies and damage apparent at the time of delivery must be noted
on the carriers receipt note and notified to the Seller in writing forthwith.
Other discrepancies or damage in transit must be notified to Seller in
writing within seven m days after receipt of invoice.
(d) Seller shall be entitled
to make partial deliveries or deliveries by instalments and
to invoice for such deliveries made. These conditions shall apply
to each such delivery
- Transfer of Property
(a) Property in the goods shall remain in Seller until Seller
has received payment in full of the price and any additional
sums due under contract.
(b) Buyer shall store the goods in such a way that they can be identified
as Seller's property. If Buyer shall sell or otherwise dispose of or
shall make an insurance claim in respect of the goods prior to making
payment in full for them, he shall do so as principal and not as agent
for Seller and shall not give any warranties or incur any liability on
behalf of the Seller. The proceeds of any such sale or other disposition
[or claim theretoJ as well as the proceeds of any insurance claim made
by the Buyer in respect of the goods shall belong to Seller to the extent
of all sums due to Seller in respect of the goods
(c) Failure by the Buyer to make all payments when due shall give Seller
the right without prejudice to any other remedy of Seller, to repossess
the goods without prior notice and to enter any premises for the purpose
of such a repossession
(d) Nothing in this condition shall give the Buyer any right to return
goods sold hereunder. Seller may sue Buyer for the price when due notwithstanding
that property in the goods may have not passed to Buyer
- Guarantee and Limitation of Liability
(a) Seller guarantees that the goods will be free from defects
by faulty materials or poor workmanship upon delivery. Under
this guarantee Seller will at its option either repair, replace
or give credit for any goods found to be so defective proved
that '
1) Seller is notified in writing within 7 days of receipt of the of any
defect.
2) The defective goods are returned to Seller carriage prepaid by Buyer.
3) Examination of the goods by Seller reveals to its satisfaction that
such defect exists and has not caused by misuse, neglect, accident, improper
storage of handling or by repair or alteration not effected by Seller.
(b) Save as expressly set out above, Seller shall be under no liability
whatsoever whether in respect of negligence or otherwise in connection
with the goods or this contract. All conditions. warranties or other terms,
whether expressed or implied, statutory or otherwise are hereby excluded,
provided that nothing in this paragraph shall restrict any liability of
Seller for negligently caused death or personal injury
- Force Majeure
Without prejudice to any other of these conditions. Seller
shall be under no liability for delay or non performance
of any obligations hereunder due to any circumstances whatsoever
beyond the control of the Seller.
- Buyers Breach and Financial Situation
If Buyer shall be in breach of any of its obligations hereunder
or under other contract with Seller or if at any time Buyer's
financial condition does not in Seller's unfettered judgement
justify continuance of this contract on the terms of payment
agreed, Seller may, without prejudice to any rights and without
liability whatsoever to Buyer, cancel any outstanding part
of the contract or suspend any deliveries until such time
as Buyer shall provide security satisfaction to Seller for
the performance of all obligations of Buyer to Seller
- Law
This contract shall be governed by and construed in accordance
with English law and the courts of England shall have jurisdiction
to hear all disputes arising in connection with it
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