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PERSONALISED BUSINESS MARKETING (U.K.) LTD

 

TERMS AND CONDITIONS OF SALE

 

In these terms and conditions any reference to “the Company” shall mean Personalised Business Marketing (U.K.) Ltd.

 

  1. QUOTATIONS.  All quotations, offers and contracts given by or made by the Company and any additions or amendments thereto shall be subject to the following terms and conditions which shall not be varied except in writing signed by a Director of the Company.
  2. PRICES.  The Company reserves the right at any time to vary or increase any prices quoted to take account of any increase in costs or for any other reason and all orders are accepted on this basis that the prices charged will be those ruling at the date of despatch.  Every effort will be made to maintain quoted prices.
  3. PAYMENT.  Payment is due 30 days from Invoice Date for bona-fide accounts. In the event that any amount payable to the Company is not received by the Company 30 days from Invoice Date the Company reserves the right, without prejudice to any other rights:
    1. to charge interest at a rate of 8% above the published base rate of Barclays Bank PLC.
    2. by giving notice to you in writing suspend performance of any contract with you.
    3. by further notice to you in writing terminate any contract with you.
  4. CARRIAGE PAID TERMS.  Carriage will be charged at cost.
  5. TITLE.  Title to goods shall not pass to you until payment is in full (including any interest charged in accordance with clause 3) for the same has been received by the Company, Title to all goods remains with the Company until payment in full has been received.
  6. RISK.  The risk in goods ordered shall pass to the buyer upon delivery of the goods to the buyer or his representative, agent or nominee at the Company’s place of business or upon delivery to a carrier who shall be deemed to be the Agent of the buyer.
  7. DELIVERY.  Time shall not be of the essence of any contract entered into by the Company unless specifically agreed in writing on behalf of the Company by a duly authorised Director of the Company.  Delivery times quoted are from receipt of the approved artwork, bromides or display materials.  Any times quoted or represented from delivery or despatch or the carrying out of any work in only given as an estimate.  Neither the Company, its servants or agents shall be liable for any delay howsoever the same may arise or by whomsoever the same shall be caused in the time for delivery or completion of any goods or work.
  8. CLAIMS.  The Company shall not be liable for any claim for damage in transit, shortage of delivery or loss of goods unless, in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier and to the Company within three days of receipt of the goods, and in the case of loss of goods, notice in writing given to the Company within fourteen days of the date of consignment.
  9. NEW ACCOUNTS.  The first transaction may be on a pro-forma basis or 25% deposit, balance C.O.D.  To open a new credit account the Company must receive two trade and one bankers reference.  The Company reserves the right to refuse to open a credit account.
  10. VAT.  Value Added Tax will be charged on the total invoice value at the rate prevailing at the date of despatch.
  11. ARTWORK.  When artwork has been approved it is the buyer’s responsibility to ensure that the design and copy are correct.  The buyer will indemnify the Company against all damages, penalties, costs and expenses to which the Company may become liable as a result of work done in accordance with the buyer’s specification which involves the infringement of any letters patent, registered design or copyright.  Unless specific sizes have been given we will as a matter of course increase or reduce artwork as necessary.
  12. SAMPLES.  Samples are submitted by the Company on approval and may be charged for unless returned to the Company within thirty days of despatch.
  13. COLOURS.  The Company will make every effort to match colour but will not be liable for any normal deviation in colours in all printing, colour film processing and embroidery etc.  Materials will be matched as closely as availability allows.
  14. QUANTITIES.  Whilst every effort is made to deliver the exact quantity ordered the Company reserves the right to deliver plus or minus 10% of the quantity ordered and to charge pro-rata accordingly.
  15. CONFIRMATION.  All orders must be confirmed in writing.  The Company will not be liable for any errors in details, quantity or colour.

LAW.  These conditions and any contract made hereunder shall be subject to and construed in accordance with English Law.