Terms & Conditions
1. These terms and conditions and all other terms of the Contract shall be governed and construed in accordance with the laws of England.
2. Any quotation or estimate given is an invitation to treat only and will not be contractually binding until an order is accepted. Any quotation or estimate given is deemed to incorporate the terms and conditions and any other matters contained or referred to in the quotation or estimate itself.
3. Quotations and estimates are based on present operating costs and the company shall at any time, before or after acceptance, amend the same to meet any increase in such operating costs.
4. VAT will be chargeable all amounts quoted or invoiced where appropriate.
5. Any preliminary work carried out on behalf of a customer at the customer’s request, including on an experimental basis or otherwise, will be chargeable to the customer at the company’s normal rates unless otherwise agreed.
6. The company may decline to handle and reject any material supplied or specified by the customer which appears to the company to be unsuitable for handling by the company and any additional cost incurred if such unsuitable materials are found to during operation will be chargeable to the customer.
7. Materials and goods supplied must be of adequate quantity to cover normal loss and spoilage during operations carried out by the company and where materials supplied are not suitable, or inadequate, the company shall not be responsible for any defective work unless this is due to the failure of the company to use reasonable care and skill.
8. Delivery or collection of the goods or materials shall be when tendered by the company or notification that the work has been completed and payment shall become due unless otherwise agreed in writing thirty days after the end of the month in which the invoice is raised by the company. Where payment is not received within this period the company shall be entitled to charge interest on any amount outstanding at the rate of 1.5% per month for the period from the date the payment was due up until the date of actual payment.
9. If the customer requests delivery at an earlier date than would be normal and this is agreed by the company, then any overtime or additional costs incurred by the company shall be chargeable to the customer.
10. If the company are unable to carry out any work contracted for because of any default of the customer for a period of fourteen days, or longer, the company shall be entitled to invoice for work already carried out to that stage and any materials ordered.
11. The risk in any goods or materials supplied shall pass to the customer when they are delivered to the customer, or any carrier or person nominated on his behalf, for collection thereof.
12. The property and ownership in any goods which are being supplied by the company to the customer shall only pass to the customer when payment has been made in full for such goods and materials including any interest payable under these terms and conditions.
13. In the event of any non-payment by the customer after a period of thirty days after payment has become due, the company may dispose of any goods or materials for which payment has not been made and the proceeds of any such disposal or sale shall be held by the company to set against any outstanding payment due from the customer to the company and meanwhile the company shall have full and general lien over all such goods and materials in its possession.
14. Any claims by the customer arising from damage, delay or loss of goods or materials must be made in writing to the company within ten days of delivery by the company of such goods or material where the claim is in respect of non-delivery.
15. The company shall not be required to distribute or handle any goods or materials which in its opinion may be of an illegal or libellous nature or which in any other way may put the company at risk of any legal action and the customer shall indemnify the company in respect of any claims, costs and expenses whatsoever arising out of such matters protected by law.
16. The company will make all reasonable efforts to carry out the Contract, but performance of the Contract is subject to such variation as may be necessary as a result of difficulties in securing labour materials or Other supplies or as a result of any Act of God, war, strike, lock out or other labour dispute, fire, flood, drought, legislation or other cause of whatsoever nature beyond the control of the company.
17. The company shall not be liable for any non-delivery or damage caused to any goods or materials whilst in the control of the Post Office or any carrier not instructed by the company.
18. If any sums due to the company from the customer in relation to this Contract, or any other matter is unpaid or in arrears or for a period of thirty days from the due date for payment, then in addition to any other rights which the company may have, it shall be entitled to suspend or terminate work in relation to the Contract or any other agreement between the parties without liability to complete it and shall be entitled to payment in respect of work done or goods or materials supplied up to the date of termination of the work.
19. The company shall not be liable for any third party claims or indirect loss caused by delays in completing any work under this Contract, or delays in transit, and where any work is defective, for whatever reason, the liability of the company shall be limited to rectifying such defect.
20. As an agency recognised by the Direct Mail Services Standards Board, we have an obligation to uphold at all times, in letter and spirit, The British Code of Advertising Practice. Our acceptance of work from clients is based upon the understanding that they too undertake to work within the normally accepted codes of conduct for the advertising industry, including in particular the British Code of Advertising Practice, the British Code of Sales Promotion Practice and the Code of Practice of the Independent Committee for the Supervision of Standards of Telephone Information Services.
21. It is the responsibility of the customer to ensure that all goods whether in transit or in our warehouse are adequately insured.