Conditions of Sale
GARTHWEST LIMITED are hereinafter referred to as ‘the Company’ and all persons entering into Contracts with the Company are herein referred to as ‘the customer’. The following conditions shall apply to all Contracts whatsoever concluded between the Company and any customer and the Company shall not be bound by any other terms or conditions of the customer unless these have been specifically and expressly accepted by the Company in writing. No Agent of the Company shall have any authority to vary these conditions in any respect or to sign or accept any document or to make any oral or written agreement creating or purporting to create any obligation on the part of the Company other than as herein contained or as may be specifically accepted by the Company in writing. Any contracts between the Company and any customer shall be subject to English Law and all claims against the Company shall be subject to the exclusive jurisdiction of the English Court.
We will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses We may also make enquiries about the principal directors with a credit reference agency.
Terms and Conditions of Sale
Unless Otherwise Stated the following Conditions of Sale shall govern this transaction:
Quotations are subject to confirmation on receipt of Order.
2. Title & Risk
Notwithstanding delivery and the passing of risk in the Goods, property and title in the Goods shall remain in the Seller until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other sums due from the Buyer to the Seller. Until such time as property and title in the Goods passes to the Buyer the Buyer shall hold the Goods on trust for the Seller and keep them separate from those of the Buyer and third parties, properly stored, protected, insured, identified as the Sellerís property and in good condition. Until such time as property and title in the Goods passes to the Buyer, the Seller shall be entitled at any time to require the Buyer to deliver the Goods to the Seller and if the Buyer fails to do so forthwith to enter upon the premises of the Buyer or any third party where the Goods are stored and repossess the Goods. The Buyer shall not be entitled to pledge or in any way charge any of the Goods which remain the property of the Seller, to approved accounts only.
(a) Our standard payment terms are 30 days from the end of the month of delivery unless otherwise agreed in writing.
(b) In cases where contracts provide for deferred deliveries they shall be accepted within two 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 the customerís account, the goods being held at the customerís risk.
(c) Each delivery shall constitute a separate contract and any failure or defect in any one delivery shall not vitiate the contract as to the remaining deliveries.
(d) If full payment is not made by the due date:
(i) The Company shall be entitled to charge and receive interest on the unpaid balance at the higher of 2% above HSBC Bank PLC base rate for the time being or the government approved rate from the due date until the date of actual payment.
(e) The contract price of each delivery or each instalment if delivery is made by instalments shall be paid net in pounds sterling by the last day of the calendar month following the month of delivery for approved accounts only.
4. Quantity Variations
A shortage or surplus charged pro rata, not exceeding ten per cent will be considered due execution of any order.
5. Artwork & Samples
(a) Any sketches and original artwork shall remain the property of the seller.
(b) Alterations from original copy 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 which may have been passed.
(c) Any artwork and samples produced at buyer’s request from which no order emanates, will be charged for.
6. Cost Variation
(a) Prices are subject to revision in the event of any increase in costs incurred by the seller between the date of confirmation of order and the date of delivery to buyer.
(b) Prices are based on the quantities quoted for delivery as stated, and adjustments will be made to cover any variation in delivery requirements.
(a) Customer’s property when supplied will be held at customer’s risk. Every care will be taken to secure the best results where materials are supplied by customers but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied.
(b) Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or quoted for, this cannot be guaranteed.
(c) Screen preparation charges will be incurred on repeat order if placed after 3 months from previous order.
8. Cutting Formes and Printing Stereos
(a) Cutting Formes and Printing Stereos will be charged for where applicable and all charges will be made at cost
(b) Cutting Formes and Printing Stereos may be used in whichever way the company chooses.
(c) The Company will hold all originations (formes and stereos) for a period of two years following last order. After this period, the Company reserves the right to dispose of these originations at their discretion.
(d) If customers wish to take ownership of these originations prior to the two-year period from last order, they can arrange for collection from the Company at their cost.
(e) Where formes and stereos become subject to damage through general usage, the Company will invoice accordingly for repair or renewal costs. This will be communicated to the customer in advance of any cost being incurred.
(f) If the Company do not invoice for origination costs, then the Company will retain ownership of those originations.
9. Force Majeure
The Company shall not be liable for non-delivery or delay in delivery of the whole or any part of the goods due to any of the following causes: war; hostilities; acts of God; effect of the elements; any act or omission on the part of any local or government authority; want of any licence or permit required by the Company, its Suppliers or Customers, political or civil disturbances, strikes, lock-outs or restraints of labour, whether partial or general and whether affecting the Companyís and/or other workmen; fire; explosion; riots; insurrections; failure of the Companyís Suppliers to deliver to the Company the goods or any materials required therefore; restriction or any other difficulty affecting any form of conveyance or transportation or any other circumstances of whatsoever nature beyond the control of the Company preventing or hindering delivery in accordance with the terms of the contract.
(a) All and any express or implied conditions, warranties or statements, whether statutory or otherwise and whether relating to the fitness of the goods for any purpose or relating to any other matter whatsoever are hereby excluded unless the same have been expressly accepted by the Company in writing.
(b) In case of any variation or difference between or any matter arising out of the Conditions attached to or part of a customerís order and our confirmation of order, then the latter shall prevail, and shall constitute the true terms of this contract.
(a) The Company shall be released from all liability whatsoever unless written Notice of Claim has been received by the Company within 7 days from receipt of the goods, by the customer. In the event of any claim, the Companyís liability shall in no event exceed the invoice price of the goods. In no case shall the Company be under any liability for loss of profits on the part of the customer or any other consequential losses.
(b) Delivery dates are estimated only and no liability can be accepted for delays or any consequent loss arising therefrom.
(c) No warranty is given as to suitability for any particular purpose or conditions, neither do we accept liability for damaged contents. Further we accept no responsibility for any injury, expense, loss or damage whatsoever arising or alleged to arise directly or indirectly out of or in connection with any goods supplied by us.
A tolerance of up to 3mm in any dimension is to be allowed.
All prices quoted are subject to VAT at the rate applying at the time of delivery.