Home / Terms And Conditions

Terms And Conditions

Standard Terms and Conditions of Sale

1   Price

1.1 The Price quoted excludes VAT (unless otherwise stated). Vat will be charged at the rate applying at the time of delivery.

1.2 Our quotations lapse after 30 days (unless otherwise stated)

1.3 The price quoted includes delivery (unless otherwise stated)

1.4 Rates of tax and duties on the goods will be those applying at the time of delivery.

1.5 At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.


 2   Specifications

2.1      If we produce the goods to your specifications, you must ensure
           that:   

2.1.1   your specifications are accurate
2.1.2   any material or image forming part of your specifications is of good quality and resolution;
2.1.3   goods produced in accordance with your specifications will be fit for the purpose for which you intend to use them; and 2.1.4  your specifications will not result in the infringement of any rights of a third party or the commission of a criminal offence

2.2 There may be variations in the shade of reproductions of colour images for which we are not liable.  If you wish to avoid variations you should request a proof (which may be chargeable) or supply us with material so we can attempt to match.

      2.3     All the materials or tools used to produce the goods are our property.  We may dispose of materials or tools when  the goods have been paid for.


3   Delivery
 

          3.1         All delivery items quoted are estimates only
          3.2         If we fail to deliver within a reasonable time, you may
(by informing us in writing) cancel the contract, however:

                        3.2.1 You may not cancel if we receive your notice after  the goods have been dispatched; and

                        3.2.2 If you cancel the contract you can have no further claim against us under that contract.

          3.3         If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss or increase in the price of the goods.
         3.4          We may deliver the goods in instalments.  Each instalment is treated as a separate contract.



4   Delivery And Risk


4.1   The goods are at your risk from the time of delivery.
4.2   Delivery takes place either

        4.2.1 at our premises (if you are collecting them or arranging carriage)
        4.2.2 at your designated place of delivery    
4.3   You must inspect the goods on delivery.  If any goods are
         damaged (or not delivered) you must write or tell us within
         7 working days of delivery (or the expected delivery time)
         You must give us (and any carrier) a fair chance to inspect the  
         damaged goods.

5   Payment Terms


5.1    You are to pay us in cash or cleared funds when you order unless
          you have an approved credit account.

5.2    If you fail to pay us any sum when due

         5.3.1 we will suspend or cancel future deliveries
         5.3.2 we may cancel any discount offer to you



6   Title

6.1 Until you pay all debts you may owe us

      6.1.1  all goods supplied by us to remain our property
      6.1.2  you must store them so that they are clearly identifiable as our
                property.
      6.1.3  you must insure them (against the risk for which a prudent owner would ensure them) and hold the policy on trust for us
      6.1.4  you may use those goods and sell them in the ordinary course
                of your business, and not if,  a -   we revoke the right
         (by informing you in writing) or b – you become insolvent.

6.2  You must inform us (in writing) immediately if you become insolvent.

6.3  If your right to use  and sell the goods ends you must allow us to  
       remove the goods.

6.4  We have your permission to enter any premises where the goods
       may be stored

       6.4.1  at any time, to inspect them, and
       6.4.2  after your right to use and sell them has ended, to remove them, using reasonable force if necessary

6.5  Despite our retention of title of the goods, we have the right to take
       legal proceedings to recover the price of the goods supplied
       should you not pay us by the due date

6.6  You are not our agent (unless otherwise agreed).  You have no    
       authority to make any contact on our behalf or in our name


6.7  We retain ownership of any intellectual property rights we may
        have in the goods.


7   Warranties

7.1  We warrant that the goods:

        7.1.1  comply with their description on our acknowledgement to
                  order form; and
        7.1.2  are free from material defect at the time of delivery

7.2  We give no other warranty (and exclude any warranty term or             
        condition that would otherwise be implied) as to the quality of the
        goods or their fitness for any purpose.

7.3  We reserve the right to make any changed in the specifications
        of our goods which are necessary to ensure the conform with any
        applicable safety or other statuary requirements

7.4  We also reserve the right to make without notice any minor
        modifications on our specifications designs or materials as we think
        necessary or desirable

7.5  If you believe we have delivered goods which are defective in
       material or workmanship you must:
       
       7.5.1  inform us (in writing), with full details, as soon as possible, and
       7.5.2  allow us to investigate (we may need access to your premises and product samples)

7.6  If the goods are found to be defective in material or workmanship
       (following our investigations) and you have complied with those
        conditions (in clause 8.5) in full, we will (at our option) replace the
        goods or refund the price.

7.7  We are not liable for any other loss or damage (including indirect
        or consequential loss, financial loss, loss of profits or loss of use)
        arising from the contract or the supply of goods or their use, even
        if we are negligent.

7.8  For all other liabilities not referred to elsewhere in these terms  our
       liability in damages to the price of the goods.

7.9  Nothing in these terms restricts or limits our liability for death or
         or personal injury resulting from negligence

9   Return of Goods

9.1  We will accept the return of goods from you only
         
         9.1.1  by prior arrangement (confirmed in writing)
         9.1.2  on payment of an agreed handling charge (unless the
                     goods were defective when delivered)
         9.1.3  where the goods are as fit for sale on their return as they
                      were on delivery.

10   Cancellation

10.1  If the order is cancelled (for any reason) you are then to pay us for
         all stock (finished or unfinished) we may then hold (or to which we
         are committed) for the order.

10.2  We may suspend or cancel the order by written notice if

         10.2.1  you fail to pay us any money where due (under the order or otherwise)
         10.2.2  you become insolvent
         10.2.3  you fail to honour your obligations under these terms

10.3  You may not cancel the order unless we agree in writing



11   Waiver and Variations

11.1  Any waiver or variation of these terms is binding in honour only
         unless:

        11.1.1  made (or recorded) in writing

        11.1.2  signed on behalf of each party, and

        11.1.3  expressly stating an intention to vary these terms

11.2  All orders that you place with us will be on these terms (or any that   
         we may issue to replace them)  By placing an order with us, you
         are expressly waiving any printed terms you may have to the
         extent that they are inconsistent with our terms.

12   Force Majeure

12.1  If we are unable to perform our obligations to you (or able to
         perform them only at unreasonable cost) because of
         circumstances beyond our control, we may cancel or suspend
         any of our obligations to you, without liability.

12.2  Examples of those circumstances include act of God, accident,
         explosion, fire, flood, transport delays, strikes and other industrial
         disputes and difficulty in obtaining supplies.

13   General

13.1  Scottish law is applicable to any contract made under these
         terms.  The Scottish courts have non-exclusive jurisdiction.

13.2  If you are more than one person, each of you has joint obligations
         under these

13.3  If any of these terms are unenforceable as drafted:
   
         13.3.1  it will not affect the enforceability of any other of these
                     terms; and
         13.3.2  If it would be enforceable if amended, it will be treated as
                     as so amended.

13.4  We may teat you as insolvent if:
         
         13.4.1  you are unable to pay your debts as they fall due, or
 
         13.4.2  you (or any item of your property) become the subject of

                      a  -  any formal insolvency procedure (examples of which
                      include receivership, liquidation, administration, voluntary
                      arrangements (including a moratorium) or bankruptcy)
                   
                      b  -  any application or proposal for any formal insolvency
                      procedure; or
   
                      c  -  any application, procedure or proposal overseas
                      with similar effect or purpose

13.5  All brochures, catalogues and other promotional materials are to     
         be treated as illustrative only.  Their contents from no part of any
         contract between us and you should not rely on them in entering
         into any contract with us.

13.6  Any notice by either of us which is to be served under these terms
         may be served by leaving it at or by delivering it to (by first class
         post or by fax) the other registered office or principal place of
         business.  All such notices must be signed.

13.7  The only statements upon which you may either rely in making the
         contract with us are those made in writing by someone who is
         (or whom you reasonably believe to be) our authorised
          representative and either;
          
          13.7.1  contained in our estimate (or any covering letter) and not
                       withdrawn before the contract made; or
          13.7.2  which expressly state that you may rely on them when
                       entering into the contract

13.8  Nothing in these terms affects or limits our liability for fraudulent
         misrepresentation.