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Terms & Conditions
Terms of use
The use of this site is governed by the policies, terms and conditions set forth below. Your use of this site, placement of order etc. indicates your acceptance of these terms and conditions.
Our Standard Terms & Conditions
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.
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
Prices:
Where applicable all prices are subject to VAT at the current rate. Prices quoted on this website are guide prices only subject to viewing final artwork. Once artwork and full specifications have been finalised, a quotataion price will be confirmed.
Payment Terms:
Approved Accounts - Payment shall be made in full within 28 days of invoice, unless we have agreed special settlement terms in writing. New Accounts - On all orders under the value of £500 ex VAT full payment is required on order placement. All orders over the value of £500 the following terms apply: 50% of order value shall be payable on placing the initial order, the remaining 50% upon receipt of goods. Where credit transactions are carried out over the Internet no monies shall be deducted from your account until a member of Executive Retail Ltd has ascertained confirmation of order. Upon confirmation of placing an order 50% of the total order value will be deducted from your account and the remaining 50% upon receipt of the goods. By placing an order using a credit / debit card over the Internet you are agreeing to these terms and conditions.
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
Samples:
Samples of any of the items illustrated on our literature, website and emails are available upon request and will be charged at the smallest quantity rate (highest price per piece) - payable by credit card only. No credit will be given on samples returned under the value of £10.00. All samples will be charged unless returned in good condition within 28 days.
Quantities:
We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
Artwork and printing:
All artwork and printing charges will be levied where necessary unless previously stipulated by us. Where applicable the prices shown include artwork and approval process of printing one colour in one position.
(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.
(e) The Seller shall not be required to print any matter in their opinion is of an illegal nature
The job will not commence until we have received in writing /email signed off approval. You must notify us of any discrepancy in the artwork or order as we DO NOT accept any liability of any post-completion errors or omissions.
Small orders:
Where you require a quantity smaller than the minimum quantity shown, this is normally possible but usually carries a small order surcharge, please contact us for an exact quotation.
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 theretoJ 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
Overdue Accounts:
No goods will be delivered on accounts that remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts, at the rate of 5% above the National Westminster PLC base rate from time to time from the date the account became due until payment is received. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you. We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
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 either repair, replace or give credit for any goods found to be so defective proved that:
1) Seller is notified in writing within 7 days of receipt of the of any defect.
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 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.
Force Majeure:
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising out of any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without.
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.
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