Terms and Conditions
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- 1.1 There shall be no binding contract between Seller and Buyer until Seller has accepted Buyer’s order.
- 1.2 These conditions shall apply to the exclusion of all other terms, including any standard terms of Buyer, except as agreed in writing by Seller. Acceptance of the goods shall be deemed to indicate Buyer’s agreement to these conditions.
- 1.3 eller reserves the right to change the design and specification of goods ordered by the Buyer without notice and to substitute comparable goods.
- 2.1 Unless otherwise agreed, the price of the goods will be that ruling in Seller’s price list at the date of dispatch. Seller shall be entitled to amend its price list from time to time without notice.
- 2.2 Unless otherwise agreed, prices quoted are exclusive of the cost of delivery to any destination in the United Kingdom and are exclusive of Value Added Tax.
- 2.3 VAT is charged on all orders at the current prevailing rate.
- 3.1 Payment shall be made no later than 30 days from the date of the invoice.
- 3.2 Seller reserves the right to charge interest 2.5% monthly on accounts that are not settled within our terms of trading.
- 3.3 Unless otherwise agreed, all accounts are net.
4. DELIVERY AND RISK
- 4.1 Any times quoted for delivery are estimates only and Seller shall not be liable for failure to deliver within the time quoted.
- 4.2 Delivery of the goods to the stipulated place of delivery or to a carrier nominated by Buyer, whichever is sooner, shall constitute delivery to Buyer. All risks in the goods shall pass to Buyer on such delivery.
- 4.3 Discrepancies and damage apparent at the time of delivery must be noted on carriers receipt note and notified to Seller in writing within seven (7) days of receipt.
- 4.4 Seller shall be entitled to make partial deliveries or deliveries by installments and to invoice for such deliveries as made. These conditions shall apply to each such delivery.
- 5.1 If an order is cancelled, it is the responsibility of Buyer to return all cancelled goods to our Dutch warehouse.
- 5.2 Cancellation an order Buyer shall accept cost of carriage, for both delivery and return of goods.
- 5.3 Cancelled goods must be returned in the same condition as originally supplied including original packaging. Failure to do so will result in any request for a credit being declined.
6. GUARANTEE AND LIMITATION OF LIABILITY
- 6.1 Prices quoted by Seller shall only be binding if quoted in writing. Seller cannot accept responsibility for verbal quotations or offers.
- 6.2 Seller guarantees that the goods will be free from defects caused by faulty materials or poor workmanship upon delivery. Under this guarantee Seller will at its option either repair, replace or give credit to Buyer for any goods found to be so defective provided that:
a) Seller is notified in writing within 7 days of receipt of the goods of any defect.
b) The defective goods are returned to Seller carriage prepaid by Buyer.
c) Examination of the goods by Seller reveals to its satisfaction that such defect exists and has not been caused by misuse, neglect, accident, improper storage or handling or by repair or alteration not effected by Seller.
- 6.3 The refills/inks etc supplied in writing instruments are subject to a maximum warranty of 3 months from the date of dispatch.
- 6.4 No guarantees are offered on battery life whatsoever.
- 6.5 Guarantee of Seller shall not apply if:
a) Defects in goods are the result of normal wear & tear and/or improper use.
b) Goods have been subjected to abnormal conditions.
c) Defects are the result of use that is not in agreement with maintenance instructions.
d) Buyer and/or third parties called in by Buyer – without written agreement of Seller – have made changes to and/or performed any other work with regard to delivered goods.
e) Buyer ships goods to any location outside the EU, without written agreement of Seller.
- 6.6 If Buyer fails to request sample prior to purchase of any product, Seller reserves the right to refuse to take back goods or offer credit, if they are not faulty or of sub standard quality.
- 6.7 Save as expressly set out above, Seller shall be under no liability whatsoever whether in respect of negligence or otherwise in connection with the goods or this contract. All conditions, warranties or other terms, whether express or implied, statutory or otherwise are hereby excluded, provided that nothing in this paragraph shall restrict any liability of Seller for negligently caused death or personal injury.
All printed orders are subject to production tolerance of 5% overs or unders, which will be charged for accordingly.
8. SUPPLY OF UNBRANDED GOODS
- 8.1 Any goods supplied unbranded must be checked and Seller informed of any defects or shortages within 7 days of receipt.
- 8.2 If goods are not to be branded by Impression Europe it is the responsibility of Buyer to inform Seller of any product damage or shortages within 7 days of receipt.
- 8.3 Claims made once goods have been branded by an outside source will not be the responsibility of Seller and no offer of compensation or discount will be made.
9. CATALOGUE ILLUSTRATIONS
- 9.1 Colour shades in catalogues are printed for guidance only. Due to the printing process some colours will vary and cannot be guaranteed.
- 9.2 If colour is critical it is the responsibility of the Buyer to request a sample, prior to purchase.
10. PRODUCT EXPECTATION
If Seller supplies a product that is free of any fault or defect but Buyer decides it does not meet customer expectations, Seller will accept no responsibility if Buyer did not request a sample of that product prior to ordering. Catalogue or website illustrations are for guidance only and should not be solely relied upon as an indication of colour shade, quality or functionality. It is the responsibility of the Buyer to make adequate provision for this to safeguard the end user customers acceptance of any order.
11. FORCE MAJEURE
Without prejudice to any other of these conditions, Seller shall be under no liability for delay or non performance of any obligations hereunder due to any circumstances whatsoever beyond the control of Seller.
12. TRANSFER OF PROPERTY
- 12.1 Property in the goods shall remain in Seller until Seller has received payment in full of the price and any additional sums due under contract.
- 12.2 Buyer shall store the goods in such a way that they can be identified as Seller’s property. If Buyer shall sell or otherwise dispose of or shall make any insurance claim in respect of the goods prior to making payment in full for them, he shall do so as principal and not as agent for Seller and shall not give any warranties or incur any liability on behalf of Seller. The proceeds of any such sale or other disposition (or claim thereto) as well as the proceeds of any insurance claim made by the Buyer in respect of the goods shall belong to Seller to the extent of all sums due to Seller in respect of the goods.
- 12.3 Failure by Buyer to make all payments when due shall give Seller the right without prejudice to any other remedy of Seller, to repossess the goods without prior notice and to enter any premises for the purpose of such a repossession.
- 12.4 Nothing in this condition shall give Buyer any right to return goods sold hereunder. Seller may sue Buyer for the price when due notwithstanding that property in the goods may not have passed to Buyer.
13. BUYER’S BREACH AND FINANCIAL SITUATION
If Buyer shall be in breach of any of its obligations hereunder or under any other contract with Seller or if at any time Buyer’s financial condition does not in Seller’s unfettered judgement justify continuance of this contract on the terms of payment agreed, Seller may, without prejudice to any other right and without any liability whatsoever to Buyer, cancel any outstanding part of the contract or suspend any deliveries until such time as Buyer shall provide security satisfactory to Seller for the performance of all obligations of Buyer to Seller.
This contract shall be governed by and construed in accordance with English law and the courts of England shall have jurisdiction to hear all disputes arising in connection with it.