'Customer' means the account applicant or person who buys or agrees to buy goods from the Company. 'Company' means Promo Poncho UK. 'Goods' means any merchandise, products, or replacement products supplied to the Customer from the Company in accordance with these Terms and Conditions of Sale. This does not include Samples supplied free-of-charge. 'Writing' refers without limitation to facsimile, email, telex, cable, letters and any other comparable means of communication. 'Contract' refers to the acceptance of these Terms and Condition of Sale. 'Conditions' refer to the Terms and Conditions of Sale as stated within this document.
1. Prices and quotations
1.1 All quotations remain valid for 30 days only, unless otherwise specified. The price is that contained in any quotation or price list based on conditions ruling at the date thereof. If any increase however arising in cost of merchandise including but without being limited to any increase in the cost of manufacturing or raw materials, labour or transport occurs after such date, the Company shall be entitled (subject to any statute or regulation) to make such addition to the contract price as shall be reasonable in the circumstances.
1.2 All prices shall be as per quoted current at the date of dispatch. All prices are subject to increases without notice owing to circumstances beyond the company's control.
1.3 All prices are exclusive of VAT, postage (if applicable), carriage and packing. Charges for these items are available on request.
1.4 All blocks, dies and screens required for printing will incur additional costs.
1.5 All artwork including reductions, enlargements and touching up will be chargeable. All additional works will be charged at the rate quoted on the face of this offer.
2.1 Printed goods may be subject to 10% over or under run and will be charged pro rata.
3.1 Samples can be sent if requested. We reserve the right to charge for samples.
4. Product Specification
4.1 We reserve the right to alter design, material and product specification of any product without notice.
5.1 Unless specified by the Buyer, printing colour, size and position will be at our discretion even on repeat orders. All of our products are handmade therefore colours, size and position may vary slightly from one product to another. Where Pantone colour matches are requested, a 100% match cannot be guaranteed, the reproduction of artwork will be to normal industry standards. We reserve the right to use your logo or advertisement in our brochures unless otherwise instructed in writing.
6. Payment terms
6.1 In the case of consumer sales payment must be made in full before the despatch of goods will take place. In the case of other sales payment is due in accordance with the terms of credit agreed upon entering the contract. Subject to satisfactory trade, banker's and other requisite references, and where no other terms of payment have been specifically agreed in writing, the terms are cash payment in full to be made within thirty (30) days from the date of invoice. If any amount remains unpaid then all invoices then in existence, whether or not due for payment, become payable. Without prejudice to any other rights it may have the Company is entitled to charge interest before or after judgement at 3.5% per annum above the current rate of Barclays Bank PLC or any such other rate (amending or replacing the same), on overdue payment of any invoice amount or any part thereof.
6.2 When a customer requires logo printing or branding of any products, then 50% of the contract value must be paid including VAT when the order is placed. The balance is then payable on the completion of the goods and before delivery to the customer. The Company reserves the right to charge for storage should the customer fail to make payments as requested. 6.3 The Company reserves the right to postpone or cancel a contract at any time until payment has been received in the event that the company has any reason to doubt the customer's ability or willingness to pay by the due date of the customers credit rating with any other party.
7. Title of Goods
7.1 Immediately upon delivery to the customer of any goods agreed to be sold to the customer the customer shall become the bailee thereof and the legal title to the goods shall not pass to the customer unless and until the customer shall have discharged all its indebtedness in respect of goods. Until all indebtedness is discharged the Company has the right to repossess the goods and reserves license to enter the customer’s (or subsequent buyers) premises for that purpose and the customer shall be deemed to have granted such license.
7.2 Notwithstanding the terms of the above, the customer shall be entitled before discharging its obligations to the Company to resell the goods or any of them. Upon such re-sale and without derogating from the Company’s other remedies (including its right to trace) the customer shall hold the proceeds of the sale in a separate account upon trust for the Company until such time as all the customer’s indebtedness to the Company under any contract of sale entered into between them or otherwise shall be discharged. For the avoidance of doubt the customer hereby acknowledges his fiduciary duty to the Company in respect of his obligation to account to the Company for all the part of the proceeds of sale. Similarly the benefit of any insurance proceeds should the goods become damaged prior to re-sale shall be held on trust for the Company until such time as all the customer’s indebtedness to the Company has been discharged.
8. Export License Control
8.1 Many products sold by the Company are subject to export license control. The customer undertakes to ensure that they comply with the laws in force at the time when reselling the goods, particularly the Export of Goods Control Order 1994 or any statutory instrument amending or replacing the same.
9. Delivery and lead times
9.1 Claims for short delivery where the goods do not conform to the delivery note must be made in writing within 72 hours of receipt of the goods. Claims for the defective or damaged goods must be made in writing within 7 days of receipt by the customer. If you find your goods to be damaged in transit, the company can offer a refund if the product is returned (within 15 days after the delivery date). The Company will not be liable for any damage if the Customer fails to return damaged goods.
9.2 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. The Company is not responsible for delays in shipping due to postal disputes in any country where the goods pass through. Nor is the Company responsible for delays in shipping due to national/public holidays in respective countries.
9.3 The Company is not responsible for any customs tax or import duty on parcels entering borders/countries outside of the United Kingdom. Any such additional charges for customs clearance must be borne by the Customer.
9.4 Lead times on personalised goods will be deemed to commence at the date and time that the Company receives in writing, "signed off" approval of the artwork supplied.
10. Return of goods
10.1 The Company is unable to accept the return of merchandise without prior consent of the Company. Before returning merchandise the Company must be notified in writing with the details included of the merchandise, the invoice number and date. Authorisation for returns, if appropriate, will then be given in writing by the Company. A 15% handling charge may be charged on returned merchandise. The Company cannot accept returns or issue refunds on printed or personalised merchandise.
10.2 If you are unhappy with your purchase, for whatever reason, you should contact us to arrange an exchange or return within 7 days of receipt. Products may be returned at the customer's expense within 30 days from the date of delivery. Providing the product is unused and in the original packaging/condition, on receipt of the item we will issue a refund, this will exclude any postage, packaging and insurance costs that were incurred during the original order. Please note we are unable to accept returns or issue refunds on personalised or promotional ponchos.
We always advise that you contact us prior to returning an item so that we can be aware it is being returned and easily match the return with your order. This will ensure that your refund is dealt with promptly. Your return must be sent via a traceable method. If products are returned without the ability to track delivery and we don't receive the items, we are unable to exchange or issue a refund for the order.
11. Product Descriptions
11.1 Product descriptions are correct at the time of printing. However, these may change without notice after publication and any subsequent change is regretted in advance.
12.1 The Company shall not be liable for any failure to perform its obligations when such failure is due to any cause beyond its reasonable control.
12.2 The customer shall indemnify the Company against all cost, charges or expenses including legal fees (on an indemnity basis) which the Company may sustain or incur as a consequence or a failure by the customer to promptly perform its obligations hereunder.
12.3 The Company shall not be liable for delay or failure to deliver products promptly if such failure arises due to force majeure or by reason of any delays occasioned by strikes, riots, lockouts or other labour trouble, war, fire,accident, mechanical failure, non-availability to the Company of manufactured stock, parts, or materials; delay or failure of delivery of the products to the company by manufacturers suppliers or other persons; government action, legislation or regulation of any kind; Acts of God, or any circumstances whatsoever outside our reasonable control.
13.1 The customer shall be liable for any non recoverable cost incurred by the Company should the customer cancel any order it has placed with the Company. All cancellations must be confirmed in writing within 48 hours of any order being placed with the Company otherwise such cancellation shall be null and void.
14. Customer Supplied Items
14.1 The customer shall be liable for all artwork, specifications and instructions issued to the company with orders. The customer will indemnify and keep indemnified the company against all loss directly or indirectly arising out of error in or omission from such artwork, specifications and instructions, and against all claims, demands and expenses whatsover in respect of any infringement or potential infringement of any patents, copyrights, registered designs or third party rights and interests arising out of the company's use of said material.
15. Force Majeure
15.1 The Company shall not be liable to the Customer whatsoever in the event that the Company is unable to carry out any provision of the contract for any reason or cause beyond the Company's control.
15.2 The Company shall notify the Customer as soon as reasonably practicable after circumstances preventing performance arise. During the continuance of such a contingency the company may, within is absolute discretion withhold, reduce or suspend performance of its contractual obligations without liability to the Customer for any loss or damage whatsoever suffered directly or indirectly by any such withholding, reduction or suspension.