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STANDARD TERMS AND CONDITIONS AND GENERAL TRADING INFORMATION
These Standard Terms & Conditions, together with the Particulars set out, supersede any Terms & Conditions previously in use; they are based upon the Law of England and Wales, with any disputes being resolved by the Courts of England and Wales.
1. GENERAL
Receipt of order confirmation from you, constitutes your acceptance that our standard Terms and Conditions apply to the contract notwithstanding any purported terms put forward by you.
1.1 The term “Supplier” means JoBlaine Mugs & Promotions and JoBlaine Promotions, the term “Purchaser” refers to the Buyer throughout these Standard Terms & Conditions.
1.2 The Supplier reserves the right to “Title of the Goods” until payment is made in full.
1.3 All Prices quoted are those set out in the “Suppliers” quotation, including “Artwork” but excludes “Delivery Charges” to either one or multiple locations, or unless otherwise stated.
2. PAYMENT TERMS
Payment is required before any order is processed unless credit facilities have been approved with us the “Supplier” in advance of the order. Payment on pre-approved credit accounts shall be made in full within 30 days of invoice. These terms apply unless special settlement terms have been agreed by the “Supplier” in writing. Credit facilities may be withdrawn without notice. In certain circumstances the “Supplier” may request “Proforma Payment” in advance of the delivery of Goods.
3. DISCOUNT
Any discounts are offered on the strict understanding that accounts are paid by the due date. The “Supplier” reserve the rights to invoice any such discounts to accounts, which become overdue.
4. PASSING OF TITLE AND RISK
The risk in the goods shall pass to the “Purchaser” on delivery.
4.2 All goods, delivered or not, remain the property of the “Supplier” until payment is received in full.
4.3 Until such time as payment in full is made the “Purchaser” 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 property of the “Supplier” and any payment received by the “Purchaser” for any sale of such goods must be held in a separate account in trust for the “Supplier”. In the event of non-payment by you the “Purchaser” for such goods we, the “Supplier” will, without loss of any rights or remedy, remove from the possession of the “Purchaser” those goods belonging to the “Supplier” in accordance with these conditions and we, the “Supplier” shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You, the “Purchaser” hereby grant us, the “Supplier” irrevocable licence to enter your, the “Purchaser” premises for the said purposes.
5. PRODUCTS & PRICES
The “Supplier” reserves the right to alter any prices or detail or design of products illustrated without notice and while every effort is made to describe goods accurately in the catalogues & websites no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. Where applicable all prices quoted are subject to V.A.T at the current rate.
6. QUOTATIONS AND CONTRACTS
Orders are accepted subject to the “Suppliers” right to adjust prices quoted to take account of any charges in the law or government regulations requiring the “Supplier” to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today's current costs of production and in the event of any increase in wages or costs of materials to the “Supplier” occurring after the confirmation or accepted contract, the “Supplier” shall be entitled to charge such increases to the “Purchaser”. All quoted prices are subject to site of artwork and stock availability. E & OE.
7. DELIVERY
7.1 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 loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the dates of such delivery.
7.2 Special express deliveries can usually be arranged but will usually be subject to additional charges (e.g. Express print charges and Express delivery charges) which will be charged to the “Purchaser” at current quoted rates.
7.3 All deliveries made to the “Purchaser” should be checked by the “Purchaser” within 24 Hours of the date of Delivery. All Damages or Shortages should be reported to the “Supplier” within 24 Hours and in writing within 7 days.
7.4 Failure to complete the checking of the Goods Delivered and the reporting of any such Shortages or Damages would be deemed by the “Supplier” that the Goods have been accepted by the “Purchaser” complete and unharmed.
7.5 Under certain circumstances and out-with the control of the “Supplier” in particular when Goods are sourced from the third party Manufacturer or other Supplier, delays may occur, when and if this event does happen, the “Supplier” will notify the “Purchaser” as soon at is reasonable, that there will be a delay in delivery.
8. QUANTITY VARIATION
We the “Supplier” shall be deemed to have fulfilled our contract by delivery of a quantity within 10% plus or minus of the quantity of printed goods ordered and the “Purchaser” will be charged at the contract rate for the quantity delivered. We therefore advise each “Purchaser” when ordering to ensure that the order reflects this possible “Margin of Error”.
9. CLAIMS
9.1 Claims arising from damages or partial loss in transit must be made in writing to the “Supplier”, so as to reach the “Supplier” within 7 days of delivery.
9.2 All claims with regard to the quality or quantity of the goods shall be made in writing to the “Supplier” so as to reach the “Supplier” within 7 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of contract.
9.3 The “Purchaser” must examine all goods delivered at the time of delivery. The “Supplier” shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted in the delivery note at the time of delivery.
10. LIABILITY
10.1 As far as defects in the goods cause to death, injury or damage to personal property, the “Supplier” liability for any loss or damage suffered by the “Purchaser” in respect of the goods shall be limited to the contract value of the goods.
10.2 The “Supplier” accepts no responsibility for loss or damage arising from the supply of goods under this contract unless the “Purchaser” has fully complied with the notification of claims procedure set out in clause 9.
10.3 Nothing in these standard Terms and Conditions shall affect the statutory rights of the consumer.
11. CANCELLATION CHARGES
All Order cancellations must be made in writing by the “Purchaser”. A charge, as decided by the “Supplier” will be made on all cancelled orders, together with a charge for all work carried out up to the date of written cancellation.
12. SAMPLES
Random samples will be submitted on approval and will be charged if not returned in good condition within 14 days from receipt.
13. OVERDUE ACCOUNTS
13.1 No goods will be delivered on accounts which remain unpaid 14 days after payment is due. Invoices not paid by the due date may be charged interest at 4% per month calculated on a daily basis until payment has been received in full and cleared into the “Supplier” bank account.This does not prevent the “Supplier” 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 the “Supplier” may have against you, the “Purchaser”.
13.2 The “Supplier” reserves the right to charge the “Purchaser” for any legal collection charges where it is necessary to obtain payment from the “Purchaser” of an overdue account through a third party or Court proceedings.
13.3 Revised Late Payment of Commercial Debts (Interest) Act 1998“We, the “Supplier” understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we, the “Supplier” are not paid according to our credit terms”.
14. QUANTITY CHANGES TO ORDER
Any change in the quantity of an order must be made in writing to the “Supplier” prior to commencement of order processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
15. ARTWORK AND PRINTING
15.1 All artwork and printing charges will be levied where necessary unless previously stipulated by the “Supplier”.
15.2 Where applicable the prices shown include printing one colour one position from camera ready artwork supplied. For additional positions or colours of printing contact the “Supplier” to obtain an exact quotation. The standard printing colours are detailed in the current brochures.
15.3 The “Supplier” will only accept an order for delivery once an “Officer of the Purchaser” has signed the necessary Artwork and Quotation Documentation, and the Order confirmation from the “Purchaser”, which constitutes that the “Purchaser” has agreed acceptance that our standard Terms and Conditions apply to the contract notwithstanding any purported terms put forward by the “Purchaser”.
15.4 In certain circumstances, whereby “Artwork” reflects a specific requirement of the “Purchaser” and is deemed to be their “Copyright” orders will be accepted on a “Non-Returnable” basis. This also applies to all types of photographic artwork or personalized artwork received for order process.
16. FORCE MAJEURE
We the “Supplier” will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising or any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you. Neither party will be liable for any delay, loss or damage caused wholly or in part by an Act of God, Governmental restriction, condition or control or by reason of any Act done pursuant to a Trade Dispute, whether such dispute involves its servants or by reason of any other Act, Matter or Thing, out-with the reasonable control of the Company
17. MONITORING OF TELEPHONE CALLS
For security and training purposes telephone calls may be recorded.
Dated: 1 January 2006. AJL/JoBlaine Promotions.
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