A binding contract between All in One Merchandise Ltd (“the Company”) and the client (“the Buyer”) will occur when the Buyer provides the Company with a purchase order or an email confirmation and the Company accepts the order.
The quantity of goods delivered to the Buyer may vary by up to +/-15% of the quantity ordered. The invoice will reflect the quantity of goods delivered. If the exact quantity is required, the Buyer must confirm this specification to the Company at the time of ordering and the Company will endeavour to meet this request.
PRICE, SAMPLES AND PROOFS
Quotations are valid for 14 working days. Prices quoted by the Company are valid only for the stated quantities, time period and payment terms. Unless otherwise stated, prices quoted are exclusive of the cost of delivery, import and customs duties and Value Added Tax (VAT) or any other sales taxes. At the discretion of the seller, samples will be charged at cost including delivery and VAT if not returned in good condition within 14 working days of shipment to the Buyer. Prices quoted are subject to sight of final artwork and approval by our printers/suppliers. The first 3 proofs will be provided free of charge. We reserve the right to charge for any further proofs at £20.00 per proof. Once the proof is approved and the order is in production, no further changes can be made to the order. Liability will only be accepted if the product supplied does not match the approved proof. In which case, the Buyer has the option for a refund or a re-print. Claims made after 5 working days of delivery will not be accepted. Note that the final proof may differ from the initial quotation.
Payment shall be made by the Buyer and cleared no later than 30 days from the date of the invoice (unless other terms are agreed). New customers shall settle a pro-forma invoice by return. Invoices will be payable by means of bank transfer and debit card payment only. The Company reserves the right to charge interest of 2.5% monthly on accounts that are not settled within our terms of trading. If the Buyer is in breach of any of its obligations hereunder, or under any other contract with the Company, or if at any time the Buyer’s financial condition does not, in the Company’s unfettered judgement, justify continuance of any contract on the terms of payment agreed, the Company may, without prejudice to any other rights and without any liability whatsoever to the Buyer, cancel any outstanding part of the contract or suspend any deliveries until such time as the Buyer shall provide security satisfactory to the Company for the performance of all obligations of the Buyer to the Company.
DELIVERY AND RISK
Dates quoted for delivery are estimates only and shall not be the essence of any contract. The Company will make every effort to meet agreed delivery dates, but cannot be held responsible for the actions of, or delays caused by courier companies, or actions of, or delays caused by Customs in relation to imported goods. No liability is accepted for any loss arising for delay in the delivery of the goods which is outside the control of the Company. Delay in the delivery of the goods does not entitle the purchaser to terminate the contract. Delivery of the goods to the stipulated place of delivery, or to a carrier nominated by the Buyer, whichever is sooner, shall constitute delivery to the Buyer. All risks in the goods shall pass to the Buyer on such delivery. Goods damaged in transit or product shortages must be notified to the Company in writing within 5 working days after delivery to be considered for a refund. Any product defect or damage must be supported by visual evidence at the request of the Seller within 30 days of receipt of the goods to claim a credit.
GUARANTEE AND LIMITATION OF LIABILITY
The Company guarantees that the goods will be free from defects caused by faulty materials or poor workmanship upon delivery. Under this guarantee the Company will at its option either repair, replace or give credit to the Buyer for any goods found to be so defective provided that:
- The Company is notified in writing within 5 working days of receipt of the goods of any defect.
- The defective goods are returned to the Company within 30 calendar days of receipt of the goods and the carriage is to be prepaid by the Buyer.
- Examination of the goods by the Company reveals to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage or handling or by repair or alteration not effected by the Company.
No responsibility whatsoever for such shortages or damages will be accepted by the Company in the event of failure by the Buyer to notify the Company of the above points within the said period. Save as expressly set out above, the Company’s responsibility shall be limited to the supply of goods and/or services as contracted and excludes all responsibility for any loss or damage, however caused, resulting from the supply of such goods and/or services.
Whilst the Company shall make every effort to match print colours to the Customer’s requirements, no liability is accepted by the Company for colour variations and design or logo positioning variations within normally expected commercial tolerances. Note that a 20ml print match tolerance on clothing garments on double sided prints is expected.
TRANSFER OF PROPERTY
All artwork, patterns, designs, materials, drawings, specifications and other data provided by the Company shall remain its property until the Company has received payment in full of the price and any additional sums due under contract. Property in the goods shall remain in the Company until the Company has received payment in full of the price and any additional sums due under contract. The Buyer shall store the goods in such a way that they can be identified as the Company’s property. If the Buyer shall sell, or otherwise dispose of, or shall make any insurance claim in respect of the goods prior to making payment in full for them, the Buyer shall do so as principal and not as agent for the Company and shall not give any warranties or incur any liability of behalf of the Company. 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 the Company to the extent of all sums due to the Company in respect of the goods. Failure by the Buyer to make all payments when due shall give the Company the right, without prejudice to any other remedy of the Company, to repossess the goods without prior notice and to enter any premises for the purpose of such a repossession. Nothing in this condition shall give the Buyer any right to return goods sold hereunder.
FORCE MAJEURE AND LAW
Without prejudice to any of these conditions, the Company shall be under no liability for the delay or non-performance due to any circumstance whatsoever beyond the control of the Company.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.
The Company reserves the right to change these terms at any time.