Definitions in these conditions
Company means Designer Print Transfers Limited
Customer means any person at whose request or on whose behalf the Company undertakes any business, or to whom the Company sells goods.
General
No agent nor employee of the Company
has the authority to alter or vary these conditions. Any variation of these
conditions in any document of the customer is inapplicable unless accepted
in writing by the director of the Company. All business undertaken including
advice, information or service provided whether gratuitously or not is subject
to these conditions.
Delivery
Times quoted for delivery are approximate.
Whilst every effort will be made to deliver orders on the date requested this
may neither be taken as implying any legal obligation to deliver on the due
date nor any reason for with holding payment. The Company must be notified
in writing of any shortages within 14 days of delivery.
Cost Variation
Prices are subject to alteration
due to exchange rate fluctuations effecting raw materials. Wherever possible
we will attempt to advice you of any change at the earliest opportunity.
Materials
Whilst every endeavour will be made
to supply in accordance with the quality of samples submitted or quoted for
any contract between the Company and the Customer shall not be a contract
of sale by sample. It is the Customers responsibility to check the dimensions,
spelling and colour matching of the transfers prior to using them. Any transfers
that we have printed incorrectly will be replaced free of charge if notified
in writing within 14 working days of delivery. We will not be held responsible
for either replacement of the Customers' garments or any consequential losses.
Force Majeure etc
Contracts may be subject to variation
and cancellation due to any war, strike, fire, flood, drought etc, or any
cause beyond our control owing to the inability to procure materials to effect
the contract or delivery to the Customers' premises.
Retention of Title
Goods will remain the property of
the Company until the Customer has paid all that is owing to the Company,
no matter on what grounds. Until the date of payment the Customer is requested
to store the goods in such a way that they can be clearly identified.
Promotion & Advertising
The Company reserves the right to
use any artwork produced in house for promotional purposes, unless notified
by the Customer in writing when the order is placed.
Ordering
The company reserve the right to
refuse to process any orders and not to deliver any goods to the Customer
if the Customer is either in default of payment or trading above the credit
limit. Rush orders are undertaken at the discretion of the Company. Any rush
orders accepted over the phone are on the strict understanding that they will
be followed immediately by the Customers written confirmation. The accuracy
of telephone orders cannot be guaranteed. Rush orders will be treated on the
priority basis and the subject to a surcharge (minimum 25%).
Cancellation of Orders
Cancellation of any job that has
been approved and is in progress must be confirmed in writing as soon as is
practicably possible. All costs incurred in the setting-up, proofing and preparation
of any job that is cancelled will be charged to the customer. The charge will be in relation to the point at which the job is cancelled
and will cover all work produced in-house and/or subcontracted out.
Prices
The Company reserves the right to
alter prices. Goods will be invoiced at the prices ruling on the day of dispatch
unless agreed in writing by the Customer and the Company. VAT is charged at
the rate ruling the date of dispatch. Carriage will be charged on all orders
unless collected.
Loss or Damage in Transit
Any complaints from loss or damage
of the order in transit must be received by the company within 14 days of
the date that the goods were ordered. The Company will replace all transfers
lost or damaged by it's carriers within a reasonable time period.
Payment
All orders are strictly pro forma
unless an account has been agreed. Payment of accounts is to be strictly 30
days from the invoice date. The Company reserve the right to change interest
for the late payment 5% over Lloyds Bank standard borrowing rates. The Company
also reserve the right to cancel any account that is not cleared within the
required 30 day period.
Claims
Any claims in respect of faulty
goods must be made within 7 days of invoice date. Claims will be limited to
the value of disputed invoice. They shall neither be grounds for with holding
payment of other invoices nor give the Customer the right to set off the amount
claimed against payment due of other invoices.
Law
All agreement between the Company
and it's Customer shall be governed by English Law and be within the exclusive
jurisdiction of the English Courts. The use of the Customers own form is no
derogation of the conditions.
© September, 2007 Designer Print Transfers Ltd.