1. Definitions in these conditions: “Seller” means Connect 2 Promote Ltd. “Buyer” means the person, firm, company or other body purchasing the goods. “Goods” means the articles or services referred to in the order.
2. General - These Terms and Conditions apply to all orders and supersede all others. The Supplier will e-mail the Buyer a formal order acknowledgement which is the order confirmation and its receipt of delivery will constitute the Buyer’s acceptance and that the Seller’s terms and conditions apply to the contract and shall apply to the exclusion of any conditions of order or purchase of the Buyer.
3. Payment Terms - Payment is required in full before any order is processed unless credit facilities have been approved with the Seller in advance of the order. Payment on pre-approved credit accounts shall be made in full within 30 days of date of invoice or as stated on the order acknowledgement. These terms apply unless special settlement terms have been agreed by the Seller in writing. Credit facilities may be withdrawn without notice.
4. Discounts - Any quantity discounts offered are on the strict understanding that accounts are paid in full by the due date. The Seller reserves the right to invoice any such discounts to accounts where payment become overdue.
5. Passing of Title and Risk –
5.1 The risk in the goods shall pass to the Buyer on delivery.
5.2 All goods delivered or not, remain the property of the Seller until payment is received in full.
5.3 Until such time as payment is made in full, the Buyer shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as the property of the Seller and any payment received by the Buyer for any sale of such goods must be held in a separate account in trust for the Seller. In the event of non-payment by the Buyer for such goods, the Seller will without loss of any rights or remedy, remove from the Buyer’s possession those goods belonging to the Seller in accordance with these Terms and Conditions and the Buyer shall be entitled to enter the property where the goods are being stored to repossess and remove the same. Where goods are branded with the Buyer’s name or logo, are damaged or in poor condition, the Seller reserves the right to claim for any items which are unsaleable. The Buyer hereby grants the Seller an irrevocable licence to enter their premises for the said purpose.
6. Products and Prices – The Seller reserves the right to alter any prices or detail or design of products illustrated without notice. While every effort is made to describe goods accurately in 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.
7. Quotations & Contracts - Orders are accepted subject to the Seller’s right to adjust prices quoted to take account of any charges in the law or government regulations requiring the Seller to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. Prices are based on the current costs of production and in the event of any increase in wages or costs of materials to the Seller occurring after the confirmation or accepted contract, the Seller shall be entitled to charge such increases to the Buyer. All quoted prices are subject to sight of artwork and stock availability. E & OE.
8. Delivery –
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 gods. All deliveries will be charged at the prevailing rates applicable at the time of such delivery.
8.2 Special express deliveries can be arranged but will be subject to additional charges (e.g. express print charges and express carriage) which will be charged to the Buyer at the current rates at time of order.
9. Quantity Variation -
The Seller shall be deemed to have fulfilled the contract by delivery of a quantity within plus or minus 10% of the quantity of printed goods ordered and the Buyer will be charged at the contract rate for the quantity delivered.
10. Claims -
10.1 Claims arising from damage or partial loss in transit must be made in writing to the Seller, to reach same within 7 days.
10.2 All claims regarding the quality or quantity of goods shall be made in writing to the Seller with 7 days of receipt of goods or such goods shall be deemed to comply with the quality and quantity within the terms of the contract.
10.3 The Buyer must examine all goods at the time of the delivery. The Seller will 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 of the Seller and Courier at the time of the delivery.
11. Liability -
11.1 Save in so far as defects in the goods cause death, injury or damage to personal property, the Seller’s liability for any loss or damage suffered by the Buyer in respect of the goods shall be limited to the contract value of the goods.
11.2 The Seller will not accept responsibility for loss or damage arising from the supply of goods under this contract unless the Buyer has fully complied with the notification of claims procedure set out in clause 10.
11.3 Nothing in these terms and conditions shall affect the statutory rights of the consumer.
12. Cancellation Charges - A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of written cancellation being received by the Seller.
13. Samples - Samples submitted on approval will be charged if not returned in good condition within 14 days from receipt.
14. Overdue accounts –
14.1 No goods will be delivered to accounts which remain unpaid 14 days after payment is due. Invoices which are not paid by the due date may be charged statutory interest at 8% per day plus the Bank of England base rate calculated on a daily basis until payment is received and cleared into the Seller’s bank account. There is also a separate administration charge of £25. This does not prevent the Seller 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 Seller may have against the Buyer.
14.2 The Seller reserves the right to charge the Buyer for any legal collection charges incurred where it is necessary to obtain payment from the Buyer of an overdue account through a third party or Court proceedings.
15. Quantity Changes to Orders - Any change in the quantity of an order must be made in writing to the Seller 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 printing charges will be levied where necessary unless previously stipulated by the Seller.
16.2 Where applicable the prices shown include printing one colour one position from camera ready artwork supplied. For additional positions or colours of printing, a specific quotation will be required.
17. Force Majeure – The Seller will not be held responsible for failure or delay in carrying out the seller’s obligations under the contract arising due to any cause outside the Seller’s reasonable control or by the inability to procure materials or articles except at higher prices due to any such circumstance. The Seller shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to the Buyer.
18. Governing Law – These conditions shall be governed by and construed in accordance with English Law and by entering into a contract with the Seller, the Buyer agrees irrevocably to submit any disputes arising out of any contract to the exclusive jurisdiction of the English Courts.
Iss 3. 0218