Terms & Conditions
CONDITIONS OF SALE
Late receipt of copy/materials will require us to re-schedule delivery. All estimates and orders are based on you supplying the requested amount of materials for the whole consignment/order along with delivery notes. Unless we have had prior notice before preparing the price there will be a surcharge for any split lengths and selective cutting. Fabrics over 150cm wide and carpet/carpet tiles that require special handling will carry a surcharge to cover the extra handling and processing costs involved.
1. QUOTATIONS – Quotations are subject to confirmation on receipt of order.
(a)Nett cash 30 days after delivery.
A surcharge of 2% over bank base rate to be applied every 30 days to all amounts owing 60 days after delivery.
(b)In the case of orders involving more than one delivery, if default is made in payment on due date for any one delivery, the seller at his option shall be entitled to treat the contract as repudiated by the buyer, and to claim damages accordingly.
(c)An order once placed cannot be cancelled except by mutual agreement and then only on terms which would fully indemnify the seller.
(a)Goods shall be delivered as soon as ready.
(b)In cases where contracts provide for deferred deliveries, such deliveries shall be accepted within six months from the date of the first delivery. In the event of failure to accept deliveries the balance remaining undelivered shall be invoiced (payment for such balance immediately thereupon becoming due) and storage costs charged to customer’s account, the goods being here at customer’s risk.
(c)While every effort will be made by the seller to effect delivery in accordance with any pre-arranged dates, no guarantee as to dates of delivery by the seller is to be implied and the seller will not accept liability for any loss or damage occasioned by delay in delivery however caused.
(d)If the contract provides for delivery by instalments, each instalment shall be deemed to be the subject of a separate contract and non-delivery or delay in delivery of any instalment shall not affect the balance of the contract or entitle the buyer to cancel the same. In the event of any breach by the customer under this clause then the company shall not be under any obligation whatsoever to process or continue to process or effect work for the customer until such earlier unpaid invoices shall have been paid in full.
(e)In no circumstances shall our liability for damage of any kind including consequential losses, arising from any contract for the supply by us of goods, exceed the quoted price or invoice value of the goods concerned.
(f)All goods are sent ex works.
(g)Unless the contract otherwise provides, the property and risk in the goods shall remain in us until the point of delivery set out in the contract and unless the buyer shall have given notice to us and carrier as provided by the conditions hereof, the goods shall be deemed to have been fully delivered to the buyer and the property and risk in such goods transferred to the buyer.
4. COST VARIATIONS – Quotations are based on the current costs of production and are subject to amendment by the manufacturer on or at any time after acceptance to meet any rise or fall in such costs.
5. V.A.T. – The manufacturer shall be entitled to charge the amount of any V.A.T. payable whether or not included on the quotation or invoice.
6. PRELIMINARY WORK – Work produced, whether experimentally or otherwise, at customer’s request will be charged for.
7. PROOFS – Author’s corrections on and after first proof, including alterations in style will be charged extra. Proofs of all work may be submitted for customer’s approval, and no responsibility will be accepted for any errors in proofs passed by him.
8. DELIVERY AND PAYMENT – Delivery of goods shall be accepted and payment shall become due upon notification that they are ready for delivery.
9. EXPEDITED DELIVERY – Should expedited delivery be agreed and necessitate overtime or other additional cost, an additional charge can be made.
10. VARIATION IN QUANTITY – Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon a margin of 10 per cent (in colour work 15 per cent) being allowed for overs or shortage, the same to be charged for or deducted.
11. CLAIMS – Claims arising from damage, delay, or partial loss of goods in transit must be made in writing to the manufacturer and the carrier so as to reach them within three days of delivery, and claims for non-delivery within 28 days of despatch of the goods. All other claims must be made to the manufacturer within ten days of delivery. The return of goods will not be accepted unless the seller or his representative shall first have had the opportunity of examining same.
12. LIABILITY – The manufacturer shall not be liable for indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by errors in carrying out work or by delay in delivery.
13. STANDING MATTER – Lithographic plates, or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event rent may be charged.
14. CUSTOMER’S PROPERTY AND PROPERTY SUPPLIES
(a)Customer’s property and all property supplied to the manufacturer by or on behalf of the customer will be held at customer’s risk.
(b)Every care will be taken to secure the best results where materials or equipment are supplied by customers, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of such materials or equipment.
(c)Where the customer supplies material adequate quantities shall be supplied to cover spoilage.
15. GENERAL LIEN – The manufacturer shall in respect of all unpaid debts due from the customer have a general lien on all goods and property in his hands and shall be entitled on the expiration of 14 days notice to dispose of such goods or property as he thinks fit and to apply to proceeds towards such debts.
16. ILLEGAL MATTERS
(a)The manufacturers shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature.
(b)The manufacturer shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any illegal or libellous matter printed for the customer or any infringement of copyright, patent or design.
17. FORCE MAJEURE – Every effort will be made to carry out the contract but its due performance is subject to cancellation by the manufacturer or to such variations as he may find necessary as a result of inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout or other labour dispute. Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the manufacturers control.
18. OWNERSHIP OF INTERMEDIARIES – (Designs, artwork, negatives, plates etc.) All intermediaries produced in the course of completing an order remain the property of the Company, unless specifically stated on a quotation and acknowledged on receipt of order.
19. CONSEQUENTIAL LOSS – No warranty is to implied as to the merchantable quality of goods ordered or as to their suitability for any purpose whether known to the seller or not, and no responsibility is accepted by the seller for any consequential damage or loss arising directly or indirectly out of goods supplied or by reason of any failure of the goods to comply with the specification.
20. MATERIAL – Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or quoted for, they cannot be guaranteed.
21. Unless otherwise agreed in writing by the Company , these conditions shall over-ride any terms or conditions stipulated, incorporated or referred to by the buyer in his order or negotiations.
22. RISK AND BENEFICIAL OWNERSHIP
(a)The risk in the goods passes to the buyer upon delivery. Title in goods produced by the Company but not yet paid for shall remain vested in the Company, until full payment has been received (each order being considered separately) or until prior re-sale, in which case our entitlement shall attach to the proceeds of re-sale or to the claim for such proceeds.
(b)Should the goods become constituents of or be converted into other products while subject to our entitlement and ownership, we shall have the ownership in such other products as if they were solely and simply the goods and accordingly sub-clause (a) shall as far as appropriate apply to such other products.
(c)The Company shall be entitled to repossess any such goods in the event of default by the customer/buyer of any of the conditions of sale pertaining to payment of invoices.
(d)In the event that the customer/buyer is a Company limited by shares then it shall be deemed to be a fact that its Directors have entered into this contract personally and in the event of a default of their Company in payment of the Company’s invoices will indemnify and keep the Company indemnified from any unpaid and outstanding invoices. Such indemnity shall be deemed, in all respects, to be a joint and several indemnity given by all Directors of the customer/buyer and shall be unlimited to liability to other Company in all respects.
23. DATA PROTECTION – The Customer acknowledges and agrees that Sampling International is the Data Controller and the Customer is a Data Processor in respect of all Personal Data processed pursuant to this Agreement. The Customer shall warrant that the Customer’s Personnel shall process Personal Data only for the purpose of performing the Customer’s obligations under this Agreement and in compliance with current Data Protection Legislation.