Definitions
‘Buyer’ – the person or business named in the purchase order
‘Seller’ – Shout Promotional Merchandise Ltd
‘Goods’ – All items to be supplied and all work to be done by the Seller as specified in the purchase order
‘Purchase Order’ – the buyers purchase order which specifies that these conditions apply to it
‘The Contract’ – the arrangement between buyer and seller comprising, these conditions and any other documents agreed between the Buyer & Seller.
General
(A) All sales are on the terms and conditions unless varied in writing and agreed by both parties.
(B) No order submitted by the Buyer shall be deemed to be accepted unless and until confirmed in writing, by e-mail or by fax by the Seller. The Buyer is responsible for ensuring the accuracy of the terms of any order.
(C) Shout Promotional Merchandise Ltd cannot guarantee that the goods will be exactly the same as previously supplied. Samples are available on request to check size, materials etc.
Waiver
Failure by the Seller at any time to enforce any of the provisions of these general conditions shall not be construed as waiver by Shout Promotional Merchandise Ltd of such provisions or in any way effect the validity of these general conditions.
Prices
All prices shall be as Shout Promotional Merchandise Ltd’s quotation current at the date of dispatch and all prices are exclusive of VAT. All prices are subject to increases without notice owing to circumstances beyond Shout Promotional Merchandise Ltd’s control
All prices are exclusive of postage, carriage and packing. Charges for these items are available on request.
All blocks, dies and screens required for printing will incur additional costs.
All artwork including reductions, enlargements and touching up will be chargeable. All additional works will be charged at the rate quoted on the face of this offer and will be subject to VAT.
Quantities
Printed goods may be subject to 10% over or under run and will be charged pro rata.
Retention of Title
The title to the goods does not pass to the buyer until payment is made in full to Shout Promotions Ltd.
Liability
(A) The Buyers 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 Shout Promotional Merchandise Ltd as to the fitness of any goods for any particular purpose.
(B) Any date quoted for delivery are approximate only and the Seller will not be liable for any delay however caused. Time fore delivery shall not be of the essence unless agreed in writing by the Seller. If the Buyer fails to take delivery i.e storage, charges will be incurred.
(C) Any liability of Shout Promotional Merchandise Ltd to the purchaser shall be limited in total to the price of the goods.
(D) In the event of incorrect or faulty goods supplied, credit will be given if the faulty goods are returned.
(E) Risk of damage to or loss of any goods ordered shall pass to the Buyer at the time of delivery or the time the Seller offers delivery, if the Buyer does not accept delivery.
Samples
Samples can be sent if requested and are charged for unless returned within 14 days in the condition received.
Terms of Payment
Part orders will be invoiced upon dispatch and should be paid for within 30 days.
Time of payment shall be of the essence and if any amount shall not be paid on the due date the Purchasers shall pay to Shout Promotional Merchandise Ltd on demand interest thereon at an annual rate of 5% above HSBC Plc's base lending rate, such interest to accrue from day to day and run after as well as before any judgment, in accordance with the late payment of commercial debt regulations.
Claims and Acceptance
(A) The Buyers shall inspect all goods immediately upon delivery and shall within two days from delivery notify Shout Promotional Merchandise Ltd of any matter or thing by reason of which they may allege that the goods are not in accordance with the contract. If the Buyers shall fail to give such notice within such period it shall conclusively be determined that the goods are as to quality, number, weight, volume and in all respects in accordance with the contract and that the Buyers have accepted them. The Buyers shall have no right to reject the goods, but shall be bound to pay for the same accordingly.
(B) Non delivery by any carrier must be notified to Shout Promotional Merchandise Ltd in writing within 4 days.
(C) Goods are only returnable with our expressed agreement. Goods will not be accepted back without prior arrangement.
Cancellations
All orders must be paid for in the event of cancellation.
Printing
Unless specified by the Buyer, printing colour, size and position will be at our discretion even on repeat orders. Where Pantone colour matches are requested, a 100% match cannot be guaranteed, the reproduction of artwork will be to normal industry standards. We reserve the right to use your logo or advertisement in our brochures unless otherwise instructed in writing.
Repeat orders
The onus is on the Customer to ensure the Supplier has all the correct details from previous orders.
Product Specification
We reserve the right to alter design, material and product specification of any product without notice.
Governing Law
These conditions shall be construed and shall take effect in all respects in accordance with English Law.