Terms and Conditions of Sale
1. "The Company" shall mean Bluebird
Graphics Limited trading
as Creative Solutions
or such associated or
subsidiary Company therefore
as may be selling the
goods.
"The Customer"
shall mean the person,
business or entity buying
the goods.
"The Contract Price"
shall mean the cost
to the Customer of the
goods sold under the
terms thereof.
2. These conditions
shall govern all Contracts
of sale between the
Company and the Customer
and no
representative of the
Company may agree any
terms or make any representations
inconsistent with any
of these
terms or enter into
any Contract except
on the basis of them
unless a variation or
exclusion has been expressly
agreed in writing by
the Company and no terms
contained in the Customer’s
order form or any other
documentation which
are inconsistent herewith
shall have any effect.No
Contract shall arise
between the
Company and the Customer
until the Company shall
have either been paid
in full by the Customer
or if credit
terms have been agreed
the Company shall have
despatched the acceptance
of order form.
3. Unless otherwise
stated by the Company
orders are only accepted
on the following terms
and conditions.
Where these terms and
conditions are contrary
to any stipulations
of the Customer’s terms
and conditions the
following are deemed
to have been accepted
by the Customer and
take precedence.
4. Quotations indicate
the price at which the
Company would be willing
to supply goods subject
to variation
set out below.They are
not offers to supply
goods and any order
placed on the basis
of a quotation must
be
accepted by the Company
for a Contract to arise.Any
price contained within
a quotation made by
the Company
shall be held for a
period of twenty-one
days whereupon the company
reserves the right to
revise the Contract
price as it considers
necessary.
5. All prices quoted
are ex Company works
and subject to an additional
charge for packing and
delivery.
Prices are subject to
the addition of Value
Added Tax at the rate
ruling at date of invoice
- export sales excepted.
6. All prices shown
in the Company catalogues
or advertisements are
suggested prices only
and the Company
reserve the right to
amend prices without
prior notice to cover
any increases in the
costs of materials services
or labour or in taxation
or duty which may take
place prior to delivery
of the order.
7. The Company shall
not be bound by any
price which is not in
writing on official
Company stationary.
8. Where the Company
have to import material
to fulfill the order
the Company reserves
the right to vary
the price quoted to
reflect any difference
between the rate of
exchange for purchase
of the relevant currency
quoted by HSBC Bank
PLC on the date of acceptance
and on the date the
Company are invoiced
for the
relevant materials by
our supplier.
9. Unless credit terms
have been agreed payment
is to be made in full
at the time of placing
the order.
Settlement of monthly
accounts is to be made
within the terms as
stated on the invoice.We
understand and will
exercise our statutory
right to claim interest
and compensation for
debt recovery costs
under the late payment
legislation, namely
The Late Payment of
Commercial Debts (Interest)
Act 1998 as amended
and supplemented by
the Late Payment of
Commercial Debts Regulations
2002, if we are not
paid according to agreed
credit terms.
10. A minimum charge
of £10.00 (plus VAT)
will be levied for small
orders and no credit
account orders will
be
accepted under £15.00
(plus VAT). Orders up
to and including £15.00
(plus VAT) should be
accompanied by the
appropriate remittance.
11. Payments of accounts
should be made to the
Company office and works,
Bluebird Graphics Limited,
Unit 2
Uplyme Road Business
Park, Lyme Regis, Dorset
DT7 3LS, England.
12. The Company at
its option, will be
entitled by notice to
terminate all or any
of its contract with
the
Customer forthwith and
recover all expenses,
loss, and damage resulting
to the Company including
(but without
limitation to) loss
of profit or other consequential
loss if:
(a) the Customer has
a bankruptcy petition
presented against him
or a bankruptcy order
is made:
(b) the Customer makes
or seeks to make any
composition or arrangement
with his creditor,
(c) the Customer makes
a proposal to his creditors
for a voluntary arrangement
or applies for an interim
order (within the means
of Section 286 Insolvency
Act 1986);
(d) an encumbrancer
takes possession of
any of the Customer’s
assets, or any of the
Customer’s property
is taken in execution
or process of law:
(e) a petition is presented
or an order is made
or a resolution is passed
for the winding up of
the
Customer:
(f) a petition is presented
or an order is made
for an administration
order to be made in
relation to the
buyer;
(g) the Customer’s
directors make a proposal
for a voluntary arrangement
with the Customer’s
creditors;
(h) the Customer is
unable to pay his debts
(within the meaning
of Section 123 Insolvency
Act 1986);
(i) a receiver or administrative
receiver is appointed
over any of the customer’s
assets:
(j) the Customer fails
to make any payment
owed to the Company
on the due date;
(k) the Customer fails
to take delivery of
or to collect the goods
within fourteen days
of being notified by
the Company or our carrier
that they are to be
delivered or are ready
to be collected;
(l) the Customer is
in breach of the terms
and conditions of any
contract with the Company
(including breach
of these conditions)
and shall fail to remedy
same within twenty-one
days of notice specifying
the breach and
requiring remedy (if
the breach shall be
remediable).
13. The Company shall
not be responsible for
loss arising from delay
or failure to deliver
arising from an Act
of
God, war, civil disturbance,
riot, industrial action
or dispute, natural
calamity, non-availability
of materials,
breakdown of plant or
machinery, controls,
restrictions or prohibitions
of Government or any
other competent
Authority, fire, flood,
sabotage, or other cause
beyond the control affecting
the Company or any supplier
or
carrier for the Company.
14. Delivery dates
are given in good faith
only and whilst the
Company will make every
effort to ensure that
goods are delivered
by such date as in acceptance
of order form the Company
cannot be held liable
to the
Customer for any consequences
whether direct or indirect
of failing to deliver
the goods by that date
or at all.
15. The Company cannot
be held liable to the
Customer for any delay
in timed deliveries.
If goods are delayed
for any reason whatsoever,
the delivery charge
will be taken down to
the next level of service
after delivery has
been completed.The Customer
cannot refuse delivery
of goods because of
delay and shall be liable
for all goods
despatched.
16. In the absence
of any Agreement to
the contrary delivery
shall be deemed to have
taken effected upon
the
delivery of the goods
at the Customer’s premises
or as the Customer shall
have previously and
in writing
directed.
17. In the case of
delivery of goods by
instalments, the Customer
will not be entitled
to treat the delivery
of
faulty goods in any
one instalment, or the
late delivery of any
one instalment, as a
repudiation of the whole
contract.
18. If the Customer
fails to give delivery
instructions within
seven days of it being
notified the goods are
ready
for delivery we shall
(without prejudice to
any other rights or
remedies available to
the Company) be entitled
(but not bound) to store
the goods at any available
place at the Customer’s
expense.
19. (a) The risk in
the goods passes to
the Customer upon delivery
to the carrier or collection
by the carrier
but title in the goods
remains vested in the
Company and shall only
pass from the Company
to the Customer
upon full payment being
made by the Customer
of all sums due on whatsoever
account or grounds to
the
Company to the Company’s
parent or subsidiary
Company by the Customer.
In the event of the
goods being
sold by the Customer
in such manner as to
pass to a third party
a valid title to the
goods, whilst any such
sums
are due as aforesaid,
the buyer shall be the
Trustee for us of the
proceeds of such sale
or to the claim for
such
proceeds and the Customer
shall place such proceeds
in a separate account.
Nothing herein shall
constitute the
Customer the Company
Agent for the purpose
of any sub-sale.
(b) The Customer agrees
that prior to the payment
of the whole price of
the goods we may at
any time
enter upon the Customer’s
premises and remove
the goods therefrom
and that prior to such
payment the
Customer shall keep
such goods in separate
and identifiable for
this purpose.
(c) In the event of
the goods becoming constituents
of or being converted
into other products
whilst sums
are due as provided
in sun-condition (a)
hereof the Company shall
have the ownership of
and title to such other
products as if they
were the goods and accordingly
sub-condition (a) hereof
shall so far as appropriate
apply to
such other products
subject to the Customer’s
right to the surplus
of any monies realised
by the said goods over
those due to us provided
herein.
20. Failure to make
payment in respect of
deliveries or instalments
under this or any other
Contract between
the Company and the
Customer shall entitle
the Company to delay,
suspend or cancel deliveries
in whole or in
part at the Company’s
option.
21. (a) The Customer
shall inspect the goods
upon delivery.The Company
must be informed in
writing within
ten days of invoice
by the Company, in the
event of any deficiency
or damage.
(b) Any claim that
goods do not correspond
with the Customer’s
order form shall be
made within ten
days of the date of
the invoice and any
claim made thereafter
on this account will
be limited to the original
invoice amount.
(c) The Company will
if the goods are damaged
in transit or the goods
do not correspond with
the
Customer’s order form
at the Company’s option
repair or replace the
damaged goods free of
charge or refund
the cost of the damaged
goods provided that
written notification
of damage is received
by the Company within
ten days of invoice
of the goods by the
Company. If any claim
is not received by the
Company within this
date
the invoice shall be
payable in full.
(d) The aforesaid obligations
on the part of the company
shall not extend to
defects caused by wilful
damage, negligence,
incorrect erection,
storage, application
or movement or defects
caused by fair wear
and tear,
and the goods are returned
to the Company at the
Customer’s expense for
examination of the relevant
goods.
(The provisions of this
clause do not affect
the statutory rights
of a consumer.)
(e) Save as herein
set out and for liability
for death or personal
injury resulting from
negligence, all express
or implied conditions
representations or warranties
as to quality or fitness
of the goods or otherwise
are
expressly excluded.
(This sub-clause shall
not apply and shall
be wholly ineffective
in the case of a sale
to a consumer in connection
with the carrying out
of a consumer transaction.)
22. The Company retains
copyright of its designs
and accepts no responsibility
for any infringement
of patent
or copyright or registered
design of any third
party incurred in carrying
out Customer’s directions.
23. It is the Customer’s
responsibility to ensure
that the use to which
any goods supplied by
the Company is
put, complies with requirements
of Local Planning Authorities
and other interested
departments and the
responsibility for obtaining
any planning permission
and permits is entirely
that of the Customer.All
charges
levied by authorities
before, during and/or
after erection of any
goods supplied by the
Company are to be borne
by the Customer and
that in the event of
there being any infringement
thereof the Customer
will not be entitled
to any breach of contract
of sales.
24. It is the customer’s
responsibility to ensure
that no thoroughfare
throughway or services
are likely to be
obstructed and any damage
caused thereto is the
responsibility of the
Customer. It is also
the responsibility of
the Customer to ensure
that any structure that
is to bear any goods
supplied by the Company
is of adequate
strength and in good
enough condition to
bear the extra weight
or loads thereon involved.
25. All sizes quoted
are approximate.
26. This contract is
governed by English
Law.Any dispute arising
out of or in connection
with this contract shall
be determined by the
English Courts.
27. In the event of
any part of these conditions
being ineffective for
any reason, the remainder
thereof shall
constitute the conditions
binding upon the parties.
28. These Terms and
Conditions of Sale supersede
any which have hitherto
been operative. (September
2005)
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