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InVogue Standard Terms and Conditions. |
1. Definitions.
The adherents to these Conditions of Sale are referred to throughout as 'the
Seller' and 'the Buyer'. All transactions are between the Seller and the Buyer
as between Principal and Principal and are subject to the following conditions.
2. General.
(a) There shall be no binding contract between Seller and Buyer until Buyer's
order has been accepted by Seller.
(b) These conditions shall apply to the exclusion of all other terms, including
any standard terms of Buyer, except as agreed in writing by the Seller.
Acceptance of the goods shall be deemed to indicate the Buyer's agreement to
these conditions.
(c) Seller reserves the right to change the design and specification of goods
ordered by the Buyer without notice and to substitute comparable goods.
3. Price.
(a) Unless otherwise agreed, the price of the goods will be that in Seller's
price list at the date of despatch. Seller shall be entitled to amend its price
list from time to time without notice.
(b) 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.
4. Payment.
(a) Payment shall be made no later than 30 days from the date of the invoice.
(b) Seller reserves the right to charge interest of 2.5% monthly on accounts
that are not settled within our terms of trading.
(c) Unless otherwise agreed all accounts are net.
5. Quotations.
A quotation is for information only and is binding on the Seller only if and to
the extent that it is incorporated in an order which the Seller has accepted in
writing.
6. Samples.
Samples are submitted on approval and will be charged unless returned in good
condition within 28 days.
7. Quantity Variations.
The Seller will use its best endeavours to produce and deliver the quantity and
specification of goods ordered, but every contract and delivery is subject to
margins and tolerances, over or under, customary in the trade and no guarantee
or warranty is given or implied on the part of the Seller which is incompatible
with this provision.
8. Printing and Design.
(a) All printing, artwork, composition and design is done on the Buyer's
instructions and the Buyer will assume all liability for any resultant
infringement of copyrights and trademarks and will hold the Seller harmless for
any liability therefore.
(b) Alterations from the original copy on and after the first proof, including
alterations in style, will be charged extra.
(c) All blocks, rubbers, printing plates, sketches and other original work
produced by the Seller in connection with the order shall remain the property of
the Seller unless paid for by the Buyer.
(d) Preliminary work produced, whether experimentally or otherwise, at the
Buyer's request, will be charged extra.
(e) The Seller shall not be required to print any matter which, in their
opinion, is of an illegal nature.
9. Cancellation.
If an order is cancelled by the Buyer at any time after the date of acceptance
by the Seller then the Buyer shall reimburse the Seller any costs and expenses
incurred by the Seller in connection with that order.
10. Trademarks.
(a) The supply of goods by the Seller shall not confer any right upon the Buyer
to use any of the Seller's trademarks without prior written consent of the
Seller and at all times such trademarks shell remain the property of the Seller.
(b) It is the responsibility of the Buyer to ensure that his requirements do not
constitute an infringement of any copyright, patent rights, design, trademark or
name, or any other protected rights. The Buyer shall save harmless and indemnify
the Seller from and against all claims and Proceedings for or on account of any
such infringement and from and against all claims, demands, proceedings, damages
costs, charges and expenses whatsoever in respect thereof or in relation to.
11. Delivery and Risk.
(a) Any times quoted for delivery are estimates only and Seller shall not be
liable for failure to deliver within the time quoted.
(b) Delivery of the goods to the stipulated place of delivery or to a carrier
nominated by the Buyer, whichever is the sooner, shall constitute delivery to
the Buyer. All risks in the goods shall pass to Buyer on such delivery.
(c) Discrepancies and damage apparent at the time of delivery must be noted on
the carriers receipt note and notified to the Seller in writing forthwith. Other
discrepancies or damage in transit must be notified to Seller in writing within
seven days after receipt of invoice.
(d) Seller shall be entitled to make partial deliveries or deliveries by
instalments and to invoice for such deliveries made. These conditions shall
apply to each such delivery.
12. Transfer of Property.
(a) 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.
(b) 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 an
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 the 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.
(c) Failure by the 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.
(d) Nothing in this condition shall give the Buyer any right to return goods
sold hereunder. Seller may sue Buyer for the price when due notwithstanding that
property in the goods may have not passed to Buyer.
13. Guarantee and Limitation of Liability.
(a) Seller guarantees that the goods will be free from defects by faulty
materials or poor workmanship upon delivery. Under this guarantee, Seller will
at its option repair, replace or give credit for any goods found to be so
defective provided that:
1) Seller is notified in writing within 7 days of receipt of any defect goods.
2) The defective goods are returned to Seller carriage prepaid by Buyer.
3) 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 of handling or by repair or alteration not effected by Seller.
(b) 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
expressed 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.
14. 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 the Seller.
15. Buyers Breach and Financial Situation.
If Buyer shall be in breach of any of its obligations hereunder or under 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 rights and without
liability whatsoever to Buyer, cancel any outstanding part of the contract or
suspend any deliveries until such time as Buyer shall provide security
satisfaction to Seller for the performance of all obligations of Buyer to
Seller.
16. Law.
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.
Contact InVogue for more information on Promotional Items.
For all enquiries please call Chris, Sales Director on 01772 751175, or complete our simple enquiry form.
Flash Drives |
Clothing |
Computer Accessories |
Name Badges |
Awards |
Calculators |
Golf Accessories |
Coasters |
Desk Pads |
Keyrings |
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