Page 198 - Witi Promotions

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198 | TERMS AND CONDITIONS
1. TERMS AND CONDITIONS 9. CLAIMS
These terms and conditions apply to all orders and supersedes all others. 9.1 Claims arising from damages, delay or partial loss in transit must be made in writing to us, so
Signature of acknowledgement of order by you, constitutes your acceptance that our conditions as to reach us within 5 days of delivery.
are the only conditions that apply to the contract notwithstanding any purported terms put 9.2 All claims with regard to the quality or quantity of the goods shall be made in writing to us
forward by you. 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.
2. PAYMENT TERMS 9.3 You must examine all goods delivered at time of delivery. We shall not be liable for any loss
2.1 Payment (on pre-approved credit accounts) shall be made in full within 30 days of invoice arising from damage caused to the goods in transit unless loss or damage is noted on the delivery
note at time of delivery.
date, unless special settlement terms have been agreed by us in writing. 9.4 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days
2.2 Any discounts are offered on the strict understanding that accounts are paid by the due from receipt of our invoice.
date. We reserve the right to cancel any such discounts to accounts which become overdue.
10. LIABILITY
3. TITLE
3.1 Consumers: your statutory rights are unaffected. 10.1 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
3.2 Business Customers: until you pay all debts you may owe us: contract value of the goods.
3.2.1 All goods supplied by us remain our property; 10.2 We can accept no responsibility for loss or damage arising from the supply of goods under
3.2.2 You must store them so that they are clearly identifiable as our this contract unless you have fully complied with the notification of claims procedure set out
property; in clause 9.
3.2.3 You must insure them (against the risks for which a prudent owner 10.3 Nothing in these terms and conditions shall affect the right of a
would insure them) and hold the policy on trust for us; consumer.
3.2.4 You may use these goods and sell them in the ordinary course of 10.4 If you accept delivery of the goods after the estimated delivery time, it will be on the basis
your business but not if: that you have no claim against us for delay (including indirect or consequential loss, or increase
a we revoke that right (by informing you in writing); or in the price of goods).
b you become insolvent
3.3 Business Customers: you must inform us (in writing) immediately if you become insolvent. 11. CANCELLATION CHARGES
3.4 Business Customers: if your right to use and sell the goods ends you must allow us to remove
the goods. A charge will be made on all cancelled orders, together with the charge for all work carried out
up to the date of receipt of written cancellation.
3.5 Business Customers: we have your permission to enter any premises where the goods may
be stored:
3.5.1 At any time, to inspect them; and 12. OVERDUE ACCOUNTS
3.5.2 After your right to use and sell them has ended, to remove them, 12.1 No goods will be delivered on accounts which remain unpaid 14 days after payment is due.
using reasonable force if necessary. Interest will be charged on overdue accounts, at the rate of 5% above the banks base rate from
3.6 Despite our retention of title to the goods, we have the right to take legal proceedings to time to time from the date the account became due until payment is received. This does not
recover the price of goods supplied should you not pay us by the due date. prevent us from pursuing payment of overdue accounts at any time after payment becomes due
3.7 You are not our agent. You have no authority to make any contract on our behalf or in our and shall be in addition to and without prejudice to any other rights we may have against you.
name. 12.2 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.
4. PRODUCTS 13. ARTWORK AND PRINTING
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 13.1 Where applicable the prices shown include personalisation in one colour one position from
to accuracy and no responsibility will be accepted for error or mis-description and any resulting camera ready artwork supplied, for additional positions or colours of personalisation please
loss. phone to obtain an exact quotation.
13.2 On placing an order, please supply the necessary Pantone® colours for your artwork.
5. QUOTATIONS AND CONTRACTS We will match your Pantone® colours as close as possible however 100% match cannot be
guaranteed, and the shade of the print colour may differ slightly when printed onto different
5.1 Orders are accepted subject to our right to adjust prices quoted to take account of any surfaces. Where you specify non standard printing colours, there will be an additional special
changes in the law or government regulations requiring us to increase prices by way of direct match charge. Due to the nature of metals and alloys, when engraving we cannot guarantee the
taxation, import duties, custom and excise duties or otherwise. The prices are based on today's colour of the engraved surface even on the same item within the same order.
current costs of production and in the event of increase in wages or costs of materials to us 13.3 Please supply artwork in a fully editable EPS format for Adobe Illustrator, scanned
occurring after the confirmation or accepted contract, we shall be entitled to charge such artwork will not be accepted. All artwork and print charges will be levied where necessary unless
increases to you. previously stipulated by us. Touching up or reworking of artwork will be charged, please contact
5.2 To ensure accuracy all orders must be confirmed by fax or post or email. Telephone orders the sales office for further details.
cannot be processed until written confirmation has been received. All changes to purchase 13.4 The published print areas and item sizes are approximate and should be
orders must be confirmed in writing and are subject to all costs incurred until the date of our regarded as a guideline only.
acknowledgement of change.
14. BATTERIES
6. PRICES Unless indicated, batteries are not included. For battery costs and insertion charges, please call
All prices are for quantities stated, are ex-warehouse and exclude VAT at the current rate. Prices our sales department.
include personalisation of the item unless no personalisation area shown. Where ‘Print’ is stated,
the price includes a one colour one position imprint. Where ‘Engraving’ is stated, the price 15. SMALL ORDERS
includes engraving to one position to a maximum area of 5 square centimetres. An origination & Where you require a quantity smaller than the minimum quantity shown in the price list,
set-up charge applies to all personalised orders per colour/per position, please contact the sales this is normally possible but usually carries a small order surcharge. Please contact our sales
office for details. If printed proof samples are required these will incur a charge per colour per department for further information.
position, plus standard set up and origination charges, carriage and the unit cost, please contact
the sales office for further details. 16. FORCE MAJEURE
7. DELIVERY We will not be held responsible for the failure or delay in the carrying out of our
obligations under the contract arising out of any cause outside our reasonable
7.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate control or by inability to procure materials or articles except at higher prices due to
and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All any such cause and in such circumstances we shall be entitled by notice to
deliveries will be charged at the prevailing rates applying at the date of such delivery. terminate the contract in whole or in part without incurring any liability whatsoever to you.
7.2 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 The company names, logos and trademarks which are printed on products shown in this
current commercial rates. catalogue are reproduced only to demonstrate the effect obtained by personalisation and as
7.3 Delivery charges as quoted are for a standard delivery service, whereby the responsibility a guide to the personalisation positions, and do not necessarily imply that the products have
for unloading and storage of the goods lies with the consignee. Specifically pallets, pallet trucks been supplied to, or endorsed by the owners of the trademarks featured. We apologise for any
and assistance with unloading are not included. If any of these services are required, please inconvenience caused. The items featured are not presented for resale with these specific logos
contact us for a quote. on them.
8. QUANTITY VARIATION Due to the limitations of the four colour print process, the colours reproduced in this catalogue
We shall be deemed to have fulfilled our contract by delivery of a quantity within 10% plus or represent approximate colour matching only. The ordering of a sample is strongly recommended
minus of the quantity of printed goods ordered and you will be charged at the contract rate for to avoid any confusion over the exact colour of any items pictured herein.
the final quantity delivered. E & O.E
TERMS AND CONDITIONS