Terms and Conditions
1.Conditions of Sale
No person other than the directors of the sellers (Daisy Print Limited) are authorised to do any of the following on behalf of the Seller:
Remove or vary any of these terms or introduce any other term (written ororal) into the contract.
Agree any condition precedent or enter into any collateral contract.
Accept any offer or counter offer by the buyer.
2.Quotations and Orders
In accepting a quote or placing an order for the Goods the Buyer acknowledges that all information and specification relating to the Goods and any material produced by the Seller are approximate only. Any error in any quote, sales literature or other document issued by the Seller may be corrected without any liability to the Seller.
The price of the Goods will be the price ruling at the date of despatch exclusive of any applicable VAT which the Buyer shall be additionally liable to pay to the Seller. The tax point date will be the date of the invoice.
Goods must be paid for during the month following (i) date of despatch or (ii) notification by the Seller that the Goods are ready for delivery, whichever the earlier.
The time of payment of the price shall be the essence of the contract.
If the Buyer fails to make any payment of the due date then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to:
- Cancel the Contract or suspend any further deliveries to the Buyer.
- Appropriate any payment made by the Buyer for such of the Goods as the Seller may think fit.
- Charge the Buyer interest on any amount unpaid 3 per cent per annum above the Bank of England base rate from time to time, until payment has been made in full.
- In addition to any right of lien entitled at law, the Seller shall be entitled to a general lien on all property of the Buyer in the possession of the Seller for all sums whether or not liquidated or qualified due from the Buyer to the Seller provided that the Seller shall not be liable for loss or damage to the Buyer's property in the Sellers possession either as a result of the exercise by the Seller of its lien or otherwise.
The Seller will endeavour to deliver the Goods within the time agreed or within a reasonable time if no delivery date is specified, but will not be liable for loss or damage caused by delay in the delivery of Goods, nor will any such delay entitle the Buyer to cancel or rescind this Contract.
Unless otherwise agreed in writing the Buyer shall be bound to accept Goods ordered by him on notification that they are ready for delivery. If the Buyer fails to take delivery the Seller shall have the options of:
- To re-sell to goods and charge the Buyer for any short fall below the price under the Contract OR
- To invoice the Goods in full whereupon payment shall become due forthwith OR
- Charge handling and storage costs at rates that give an economic return. The Buyer shall be liable for the insurance of such Goods from the date he is notified that the Goods are ready for delivery.
Where the Goods are delivered by instalments, each delivery shall constitute a separate Contract and failure by the Seller to deliver on time shall not entitle the Buyer to treat the Contract as a whole repudiated.
All Goods received must be signed for, claims in respect for short deliveries or damage to Goods in transit must be notified by the Buyer to the Seller in writing within 3 days of receipt if the Goods.
Delivery of Goods to levels other than the ground floor may require assistance. When necessary, confirmation that assistance is available will be required before despatch.
5.Own Label Goods
When Goods have been produced to the specification and bear the name of the Buyer or Buyer's customer, the Buyer undertakes to purchase at the agreed contact price all stocks in finished or unfinished form which the Seller holds for the purpose of meeting the Buyer's requirements. If the Contract between the Seller and the Buyer is terminated for whatever reason, the Buyer will accept and pay the contract price for all stocks of own label goods in finished or unfinished form then held by the Seller.
6.Retention of Title
Not withstanding delivery of the Goods and title to the Goods will not pass to the Buyer until the price and all other sums due under this conditions have been paid in full.
If the Goods are sold to a third party before payment has been made to the Seller the proceeds shall be held by the Buyer on trust for the Sellers pending payment.
The Goods must be fully insured stored separately and clearly identified as the Seller's property until payment.
The Seller may at anytime after the price for the Goods or any sum has become due from the Buyer under this Contract rescind this Contract and recover the Goods. The Buyer hereby gives his authority for the Seller to enter onto the Buyers premises for that purpose.
7. Risk and Property
The risk of damage to or loss of the Goods will pass to the Buyer:
- In the case of Goods to be delivered at the Seller's premises at the time when the Seller notifies the Buyer that the Goods are available for collection, or
- In the case of Goods to be delivered otherwise than at the Seller's premises at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods the time when the Seller has tendered delivery of the Goods.
No liability is accepted by the Seller for any direct or indirect loss from non-delivery or delay in delivery of any Goods caused by Act of God, Riot or Civil Commotion, War, Strike, Lockout, Fire, Flood, Drought, Act of Government, failure to obtain or shortages of raw materials or any other cause whatsoever beyond it's control.
Only Goods that are deemed to be faulty or damaged in transit will be accepted for return and credited in full.
All returns must be notified in writing within 3 days and returned within 21 days of receipt.
On all Goods ordered in error or no longer required these will only be accepted back at the Seller's discretion and:
- Must be in a re-saleable condition.
- Will be subject to a 15 per cent handling charge.
10.Artwork, Design and Proofs
The Seller will advise and charge the Buyer of all costs incurred in producing Artwork. Design and Proofs for all Bespoke and Own Label Goods.
The Seller will accept no responsibility for any errors in proofs passed by the Buyer.
The Seller shall be indemnified by the Buyer against any claim by a third party against the Seller arising against any Goods supplied or to work done for the Buyer including any infringement of copyright, patent trade mark or registered design.
11. Buyer's Materials
Buyer's property when supplied will be held at the Buyer's risk. The Buyer shall supply adequate quantities to cover normal spoilage. Every care will be taken to secure the best results where materials are supplied by the Buyer but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied.
Any agreement incorporating these conditions shall be governed by English Law.