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Definitions |
| 1. |
In these Conditions the
following words shall have the following meaning:
“The
Company” – A P Burt & Sons Limited.
“The Products” – All
and any items supplied by the Company to the Customer
specified in the confirmation of order, subject to
Clause 6.
“The Contract Price” – Such price relating to
the Products as is shown in the Confirmation of Order
subject to revision in the light of prevailing
circumstances including, without limitation:
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| a) |
Any increase or decrease of
the costs of raw materials, labour, overheads and other
expenses incurred by the Company between the date of the
acceptance of the Order and the date of delivery of the
Products to the Customer. |
| b) |
Any variation following
sight by the Company of final artwork and copy.
“The
Contract” – The Contract for the supply of the
Products.
“Confirmation of Order” – written confirmation
of the description of Products to be supplied including,
without limitation, details of the Contract
Price.
“Origination” – shall include, without limitation,
the following: artwork, blocks, stereos. |
| 2. |
These are the Conditions
subject to which the Products are being supplied and the
Customer accepts that these Conditions shall govern
relations between itself and the Company to the
exclusion of any other terms and conditions and
warranties whether written or oral, express or implied. |
| 3. |
No variation or
qualification of these Conditions shall be valid unless
agreed in writing by the Company and the Customer.
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Payment |
| 4.1 |
Payment of the Contract
price shall be due 30 days from the end of the month in
which the Company raises an invoice (“the Due Date”). |
| 4.2 |
If any sum is not paid by
the due date for payment then, without prejudice to any
other right or remedy:-
- all sums then outstanding from
the Customer will immediately become due and payable not
withstanding that such sums would not otherwise be due
until a later date, and the Company may apply a
compensation charge to the Customer of £40 for
outstanding sums up to £999.99: £70 for outstanding sums
between £1,000 and £9999.99 and £100 for outstanding
sums of £10,000 or more
- the Company may also charge
the Customer interest from the due date until payment is
made in full (both before and after any judgement) on
the amount unpaid at a rate which is 8% per annum above
the bank of England base rate compounded monthly.
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| 4.3 |
VAT will be charged at the
relevant rate applicable at the tax point date. |
| 4.4 |
In the event of the
Contract involving more than one date for delivery the
Contract may, at the Company’s option, be treated as
repudiated if, in respect of any one delivery, payment
is not made by the Due Date and the Company shall be
entitled to claim damages accordingly.
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Deliveries |
| 5.1 |
Unless a delivery date is
specified in writing the Product shall be delivered by
the Company to the Customer’s premises as soon as they
are ready and in any event time shall not be of the
essence. |
| 5.2 |
The Contract Price is for
delivery of the Products to the address or addresses
shown in the Confirmation of Order and if none is shown
to the Customer’s premises. |
| 5.3 |
If the Customer fails to
accept any delivery the Company shall deliver an invoice
in respect of the Products comprised in that delivery
and shall be entitled to charge the Customer for any
handling and storage charges incurred. |
| 5.4 |
In the event of the
Customer failing to accept delivery of the Products
within 30 days of the raising of an invoice the Company
shall, without prejudice to any other right it may have
against the Customer, be entitled to resell the
Products. |
| 5.5 |
In the event of the
Contract involving more than one date for delivery, and
subject to Clause 4.4 above, each delivery shall
constitute a separate contract as to the remaining
deliveries. |
| 5.6 |
The Products are at the
Customer’s risk from the time of delivery to the
Customer or his Agent or, when delivery is not effected
on the Company’s own vehicle, on delivery of the
Products to the carrier.
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Trade Tolerance |
| 6. |
Every endeavour will be
made to supply the correct quantity and specification of
the Product ordered but owing to the difficulties of
producing exact quantities and specification the
Customer agrees to accept tolerances of plus or minus
10% unless otherwise agreeing in writing.
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Proofs |
| 7. |
When proofs of work are
submitted for the Customer’s approval no responsibility
will be accepted for any errors in such proofs once they
are accepted by the Customer. Any such correction will
be charged as extra to the Customer.
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Origination |
| 8.1 |
Origination produced by the
Company at the Customer’s request will be charged for
and such origination and any associated materials remain
the property of the Company unless paid for by the
Customer. The Company accepts no liability for any
errors in origination. |
| 8.2 |
Origination and associated
material supplied by the Customer will be held at the
Customer’s risk and the Company accepts no liability
whatsoever in respect of any such goods. |
| 8.3 |
Origination and material
supplied by the Customer may be rejected by the Company
if it appears to the Company that they are unsuitable
for the job for which they are supplied. Any additional
costs incurred by the Company due to origination or
materials supplied by the Customer and found to be
unsuitable during production will be charged to the
Customer. |
| 8.4 |
If origination and
materials have been supplied by the Customer
responsibility for defective or imperfect work will not
be accepted by the Company.
|
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Sample |
| 9. |
Any specification given or
sample presented is only intended to provide a general
idea of the goods described and are therefore
approximate only and do not constitute a trade
description or sale by sample.
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Reservation of Title |
| 10.1 |
The Products shall remain
the property of the Company and the Customer shall hold
the Products as bailee for the Company until such time
as all sums owing to the Company under this or any other
contract are paid. |
| 10.2 |
Without prejudice to the
Customers continuing obligation to the Company as bailee
of the Products the Customer shall be entitled to resell
the Products in the ordinary course of its business and
monies received by the Customer upon resale shall be the
property of the Company and shall be held by the
Customer in trust for the Company until all sums owing
by the Customer to the Company under this or any other
contract have been paid. |
| 10.3 |
The Customer grants to the
Company an irrevocable licence to enter on to the
premises where the Products are kept to repossess them
in the event of insolvency as defined in Clause 15 or
the Customer fails to pay the Contract Price by the Due
Date.
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Shortages and Non
Delivery |
| 11.1 |
Any claims by the customer
relating to any defect, shortage or other irregularities
in the Products supplied shall be notified to the
Company in writing within 4 days of delivery. In the
case of non delivery the Company shall be notified in
writing within 5 days of receipt of the invoice. |
| 11.2 |
The Company’s liability
shall not exceed the Contract Price of the defective
Products and shall not in any event extend to
consequential loss.
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Product Usage |
| 12. |
Where the Products are
intended for use in connection with any food, drug or
substance of a volatile or delicate nature it is the
responsibility of the Customer to ensure that the
Products will not adversely affect any such food, drug
or other substance. The Company shall not be liable to
the Customer for any claim alleging that any such food,
drug or other substance has been adversely affected and
the Customer indemnifies the Company from and against
all liabilities by third parties in respect of any claim
that any such food, drug or substance has been affected
and caused the third party loss or damage.
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Force Majeure |
| 13. |
The Company shall not be
liable for any delay in delivery or non delivery of
Products caused by any circumstance beyond the Company’s
control including, without limitation, any fire, flood,
breakdown of machinery, strike, lock out or Court Order
and in such circumstance the Company reserves the right
to cancel or suspend the whole or part of any delivery.
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Cancellation |
| 14. |
The Company may, at its
complete discretion, accept cancellation of any order
but any costs incurred by the Company will be charged to
the Customer.
|
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Insolvency |
| 15. |
In the event of a receiver
being appointed of a Customer’s property or assets, or
of a Court Order being made or a resolution being passed
for the winding up of the Customer or the Customer
committing an act of bankruptcy or presenting a proposal
for voluntary arrangement or having a bankruptcy
petition presented against him, the Company shall be
entitled, by notice in writing, to cancel all orders and
contracts or part thereof outstanding between it and the
Customer. |
| 16. |
The Customer indemnifies
the Company in respect of any claim, cost or expense
arising out of any libelous matter printed for the
Customer or any infringement of copyright, pattern or
design. |
| 17. |
This Contract is governed
by English Law. |
