OUR TERMS & CONDITIONS OF SALE (“CONDITIONS”)
1. ORDERS/TERMS AGREED
1.1. Our sales are subject to these Conditions which override any customer or third party terms or conditions; regardless of the date.
1.2. Orders can only be cancelled or varied by the customer if production has not begun and subject to the customer paying an administration fee of £50 and reimbursing us for any costs incurred due to cancellation/variation.
2. PHONE CALLS
2.1. These may be recorded for training and advertising purposes.
3. ARTWORK/CUSTOMER MATERIALS
3.1. The customer is responsible for checking all proofs/artwork (including accuracy and layout)/specifications and for approving such items within the timeframes required by us to meet production/delivery deadlines. N.B. Colour proofs are not to be used for colour matches, only for colour separation.
3.2. Where the customer uses third party agencies it is implied that such agencies have authority to deal with us direct, to give approvals and to bind the customer.
3.3. The customer warrants that fulfilment of the order will not infringe any intellectual property rights (including copyright) and will indemnify us and our agents against all costs and expenses incurred in any such infringement.
3.4. Artwork and plates supplied by us remain our property unless paid for in full. Customers requesting the return of artwork/plates will be charged the difference between the contribution paid as invoiced and the total cost of artwork/plates plus a £35 fee to cover administration/storage/carriage.
3.5. We will try to assist the customer as to the suitability of their artwork, but accept no responsibility whatsoever in the appearance of their design once it has been printed onto the goods.
4.1. Products meet current industry standards. Size, gauge, quantity, print position and print quality are subject to tolerances within +/- 10%. Actual quantity delivered will be quantity invoiced. Colours will vary within industry tolerances.
4.2. Every effort will be made to supply products of the quality of samples submitted/quoted for but exact matches to samples or previous orders CANNOT be guaranteed.
5.1. Prices are quoted ex VAT and any applicable government levy, which the customer will be charged.
5.2. We reserve the right to vary our prices before or after acceptance to meet: –
– any additional costs resulting from customer variations to orders/ customers requiring expedited delivery/ failing to advise delivery requirements (7.2)/delay in approving proofs/specifications
– any rise in actual costs of production/materials, or rises caused by severe currency fluctuations of 5% or more since the time of order.
6.1. Our terms are strictly payment in full, 21 days from date of invoice without any deductions/set off/liens.
6.2. Most debit/credit cards are accepted; commercial credit cards are subject to a 3% charge.
6.3. Customer debit/credit card details are held by Templecoombe Ltd, to enable us to take payment for the balance of orders outstanding and for regular repeat orders. We do our utmost to ensure the security of these details following the latest compliance procedures.
6.4. With late payment, we reserve the right to:-
– charge interest and costs pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (as amended)
– charge interest at a rate of 8% above base rate from the due date, plus court fees and reasonable costs, where the Late Payment of Commercial Debts (Interest) Act 1998 does not apply
– take payment without prior notice from a debit/credit card given at time of order or previous orders plus 3% charge on commercial credit cards.
6.5. With instalment deliveries, we are entitled to invoice each instalment on delivery and payment is due notwithstanding non-delivery of other instalments. Default by the customer in paying instalments will cause the whole balance of the order to be payable.
7.1. Delivery times are approximate and start from approval of proofs and all order details. We reserve the right to deliver in instalments if it is more practical to do so and failure to deliver one instalment does not give rise to a right to reject other deliveries.
7.2. The customer is responsible for:
– giving clear delivery instructions for taking delivery (times and restrictions)/unloading as required by health and safety/carriers (failure to do so may result in extra charges)
– checking goods on delivery for shortfall/damage and signing for them
as damaged or short delivered
– notifying us within 3 days of any non-delivery or obvious shortfall/damage on delivery.
7.3. We will not be liable for the acts or omissions of any couriers/carriers. (The contracted job of all carriers is only to deliver to the door and they cannot leave their vehicle unattended).
7.4. Where a delivery deadline has been agreed, although quoted in good faith, we are not responsible for delays occurring outside our control.
7.5. Where a customer arranges collection of goods, title to the goods and any risk shall pass immediately to the customer. Any loss, damage, deterioration and all applicable taxes and duty from the point of collection will be the sole responsibility of the customer from that point on.
8.1. Risk on all goods passes on delivery.
8.2. With non-branded/non-personalised goods, title to the goods will not pass until all sums due to us from the customer are paid in cleared funds.
8.3. Only in the event of the customer being subject to insolvency proceedings, title of the goods whether branded or not, will not pass until all sums due are paid for in full in cleared funds.
9.1. Complaints will not be entertained unless:
– notified to us in accordance with 7.2 (delivery) and for other claims, in writing within 14 days of delivery
– goods are signed for as damaged/shortfall or, if not checked, as condition not checked
– substantiated initially by sending 5 damaged/faulty samples within 10 days of request.
– you have allowed us to collect the full consignment on request, or have allowed our representative to visit and check the goods on site within 14 days of request. It will be at our sole discretion as to which of these is more suitable and not the choice of the customer.
9.2. If a claim is validly made and substantiated then we will replace the goods supplied or, at our sole discretion, give a credit towards the price of the goods.
9.3. Subject to 9.2 and in view of the personalised nature of goods, the customer is not entitled to reject/return goods, and return of such goods to us will not be deemed to be acceptance of a claim. We will hold the customer liable for the costs of return in addition to other sums due.
9.4. The disposal of rejected or defective goods, no matter the reason, will be at our sole discretion and/or the factories. This can include recycling or giving away to charity shops/markets/fetes.
9.5. All warranties and conditions implied by statute as to quality and fitness for purpose are excluded to the fullest extent permitted by law and no representation is made in respect of manufacture of goods.
9.6. Supplies by us are subject to, and we are not liable for, causes beyond our reasonable control e.g. act of God, war, inability to secure materials.
10. LIMITATIONS OF LIABILITY
10.1. The Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit, or any indirect or consequential loss arising or in connection with a contract, and
10.2 The Sellers total liability to the Buyer arising under or in connection with a contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the contract price of the goods.
11.1. English law will apply to all of our sales and the customer agrees to the exclusive jurisdiction of the English courts.
11.2. If one part of these Conditions were found to be invalid/unenforceable it will not affect the validity of the remainder.
11.3. The customer is not entitled to assign the benefit of this supply contract to any third party without our consent.
11.4. We reserve the right to use images of finished products supplied by Templecoombe Ltd in any of our online activity or marketing literature.
11.5. We accept and process confirmations for quotes, orders, proof approvals and any order instructions sent by email by the customer (or any other electronic mail). In sending, the customer acknowledges these are legally binding in relation to our terms and conditions and the