1. These terms and conditions apply to all orders and supersedes all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
2. PAYMENT TERMS
All goods will be supplied against a proforma invoice unless a credit account form has been filled in and received by Merchandise Mania. An account will be opened after acceptance of bankers reference and two (2) trade references. Payment is to be made within 30 days from the date of the invoice. We understand and may exercise our statutory right of Interest Under the Late Payment of Commercial Debts (Interset) Act 1998 if we are not paid according to our credit terms.
3. Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the right to invoice any such discounts to accounts which become overdue
4. PASSING OF TITLE AND RISK
4.1 The Risk in the goods shall pass to you on delivery.
4.2 All goods, delivered or not, remain our property until payment is received in full.
4.3 Until such time as payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable license to enter your premises for the said purposes.
We reserve the right to alter any details or design of products illustrated without notice and while every effort is made to describe goods accurately in the catalogue no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
6. QUOTATIONS AND CONTRACT
Orders are accepted subject to out 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, 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 us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you.
Where applicable all prices quoted are subject to V.A.T. at the current rate.
8.1 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 date of such delivery.
8.2 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 you at current commercial rates.
9. QUANTITY VARIATION
We 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 you will be charged at the contract rate for the quantity delivered.
10.1 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
10.2 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 and quantity with the terms of the contract.
10.3 You 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.
10.4 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice.
11.1 Save in so far as defects in the goods cause death, injury or damage to 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.
11.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with notification of claims procedure set out in clause 10.
11.3 Nothing in these terms and conditions shall affect the right of a consumer.
12. CANCELLATION CHARGES
A charge will be made on all cancelled orders, together with the charge for all work carried out to the date of written cancellation.
These will be submitted on approval and will be charged if not returned in good condition within 14 days.
14. OVERDUE ACCOUNTS
14.1 No goods will be delivered on accounts, which remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts, at the rate of 5% above the National Westminster Bank plc base rate from time to time from the date the account became due until received is received. This does not prevent us 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.
14.2 We reserve 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.
15. QUANTITY CHANGES TO ORDERS
Any changes in quality ordered must be made in writing to us prior to commencement of 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.
16. ARTWORK AND PRINTING
16.1 All artwork and print charges will be levied where necessary unless previously stipulated by us.
16.2 Where applicable the prices shown included printing one colour one position from camera ready artwork supplied, for additional positions or colours of printing please phone to obtain an exact quotation. The standard printing colours are yellow, white, black, gold, silver, purple, brown, red, warm red, light green, medium green, dark green, light blue, medium blue, dark blue. We will match your own house colours as close as possible but where you specify non standard printing colours, there will be an additional special match charge.
16.3 Artwork that has been approved in writing, either electronically via email or signed and faxed or posted, is deemed the full and final responsibility of the client and we cannot be held responsible for any errors in artwork therein.
17. SMALL ORDERS
Where you require a quantity smaller than the minimum quantity shown in the price list, this is normally possible but usually carries a small order surcharge.
18. FORCE MAJEURE
We will not be held responsible for 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.
PLEASE NOTE: The Products in this catalogue have not necessarily been supplied to or endorsed by the companies whose logos have been used. The printing of such is a guide to position and printing effect only. We apologise for any inconvenience caused.
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