• email newsletter
• customer login
• items: 0
• £0.00
• 
  View Cart
• checkout

• home
• About Us
• Contact Us
• Orders & Delivery
• Newsletter Sign Up

Terms and Conditions of Sale and Supply

(1) Definitions: i. “The Buyer” means the person(s), firm or company who buys or offers to buy the Products from Sign Making and Supplies Ltd ii. “The Conditions” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by Sign Making and Supplies Ltd iii. “Delivery Date” means the date specified by Sign Making and Supplies LTD. on which the goods are to be delivered iv. “The Products” means the goods which Sign Making and Supplies Ltd. agrees to sell to the Buyer v. “The Price” means the cost of the Products excluding VAT (2) Terms and Conditions applicable: vi. The Conditions apply to all contracts for the sale of Products between the Buyer and Sign Making and Supplies Ltd. to the exclusion of all other terms and conditions which shall include any terms and conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document vii. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Sign Making and Supplies Ltd . viii. All orders shall be deemed to be an offer by the Buyer to purchase the Products from Sign Making and Supplies Ltd . pursuant to the Conditions ix. The contract shall be formed at the time of Sign Making and Supplies Ltd . ’s acceptance of an order placed by the Buyer which shall be deemed to occur at the earlier of Sign Making and Supplies Ltd . ’s written acceptance which shall include E-mail or delivery x. No representation or warranty is made or given by Sign Making and Supplies Ltd . except as stated herein xi. No addition to the Products ordered can be undertaken unless agreed in writing and signed by an authorised representative of Sign Making and Supplies Ltd . xii. In the event of any breach of this contract by Sign Making and Supplies Ltd . the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of Sign Making and Supplies Ltd . exceed the Price of the Products provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of Sign Making and Supplies Ltd . xiii. Sign Making and Supplies Ltd . shall be under no liability whatsoever to the Buyer for any indirect or consequential loss or damage however arising and of whatever nature suffered or incured , and/or expense (including loss of profit) suffered by the Buyer or any third party including (without limitation) loss of profits,data,contracts,or operational time or any loss of anticipated earnings or savings of the Buyer arising out of a breach by Sign Making and Supplies Ltd of this contract. xiv. Sign Making and Supplies Ltd . may cancel this contract at any time before the Products are delivered by giving written notice to the Buyer. On giving such notice Sign Making and Supplies Ltd . shall promptly repay to the Buyer any sums paid in respect of the Price. Sign Making and Supplies Ltd . shall not be liable for any loss or damage whatsoever arising from such cancellation. xv.None of the provisions of this agreement are intended to or will operate to confer any benefit on a person who is not named as a party to the contract of sale. (3) The Products i. The Buyer shall take delivery of the Products tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity ordered provided that the quantity delivered is determined only by the manufacturer’s pack size. ii. Sign Making and Supplies Ltd . may from time to time make changes in the specification of the Products which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Products iii. Sign Making and Supplies Ltd . shall make all reasonable effort to ensure the accuracy of the technical data and literature supplied with the Products but shall not be liable for any loss or damage directly or indirectly arising from any error or omission in such technical data and literature. iv. The use and application of the Products lies outside the scope of Sign Making and Supplies Ltd .’s control. The Buyer is fully responsible for carrying out its own tests to determine the suitability of the Products for its intended use. (4) Delivery i. The Products shall be delivered to the Buyer at Sign Making and Supplies Ltd .’s address. The risk in the Products shall pass to the Buyer upon such delivery taking place. ii. Sign Making and Supplies Ltd . shall arrange for carriage of the Products to the Buyer’s nominated address and the carrier shall be deemed to be the Buyer’s agent. The Buyer shall pay any additional costs of carriage resulting from the Buyer’s inability or refusal to receive the Products. iii. The Delivery Date is not of the essence of the contract and Sign Making and Supplies Ltd . shall not be liable for any loss or damage whatsoever due to failure by Sign Making and Supplies Ltd . to deliver the Products (or any of them) promptly or at all. iv. Notwithstanding that Sign Making and Supplies Ltd . may have delayed or failed to deliver the Products (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Products in full provided that delivery shall be tendered at any time within 6 months of the Delivery Date v. Sign Making and Supplies Ltd . reserves the right to deliver the Products by separate instalments. Each such instalment shall be invoiced and paid for in accordance with the provisions in the contract of sale. vi. The failure of Sign Making and Supplies Ltd . to deliver one or more of the said instalments of the Products on the due date shall not entitle the Buyer to treat the contract of sale as repudiated vii. The failure of the Buyer to pay for any one or more of the said instalments of the Products on the due dates shall entitle Sign Making and Supplies Ltd (at the sole option of Sign Making and Supplies Ltd .) without notice to suspend further deliveries of the Products pending payment by the Buyer (5) Acceptance i. The Buyer shall be deemed to have accepted the Products 4 working days after delivery to the Buyer ii. Latent defects shall be deemed approved where such defects have not been reported to Sign Making and Supplies Ltd . as soon as they are discovered by the Buyer and at the latest within 6 months after delivery. The Buyer must quote the date of the order, the invoice and dispatch numbers when notifying Sign Making and Supplies Ltd . of any Products delivered which are not in accordance with the contract. iii. After acceptance the Buyer shall not be entitled to reject the Products which are not in accordance with the contract iv. If the Buyer properly rejects any of the Products which are not in accordance with the contract the Buyer shall nonetheless pay the full Price for such Products unless the Buyer promptly gives notice of rejection to Sign Making and Supplies Ltd and at the Buyer’s cost returns such Products to Sign Making and Supplies Ltd . subject to the provisions of clause 5.4 below, before the date when payment of the Price is due v. Products returned without the prior written approval of Sign Making and Supplies Ltd . may at Sign Making and Supplies Ltd .’s absolute discretion be returned to the Buyer or stored at the Buyer’s cost without prejudice to any rights or remedies Sign Making and Supplies Ltd . may have. (6) Price and Payment i. The Price of the Products shall be Sign Making and Supplies Ltd .’s quoted price which shall be binding on Sign Making and Supplies Ltd . provided that the Buyer places the order based on such quotation within 1 month of the date of such quotation. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the VAT invoice. ii. Sign Making and Supplies Ltd may by giving notice to the Buyer at any time up to 7 days before but not including the date of delivery increase the Price of the Products to reflect any increase in the cost to Sign Making and Supplies Ltd . which is due to factors occurring after the making of the contract which are beyond the reasonable control of Sign Making and Supplies Ltd . (including , without limitation, foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs). Provided that the Buyer may cancel the contract within 4 working days of the date of any such notice from Sign Making and Supplies Ltd . The Price is exclusive of VAT which is payable in addition at the rate ruling at the date of Sign Making and Supplies Ltd .’s invoice. iii. Payment of the Price and VAT is due on or before the date specified for such payment on Sign Making and Supplies Ltd .’s invoice. Time for payment shall be of the essence. iv. All guarantees given by Sign Making and Supplies Ltd . shall be null and void where payment is received by Sign Making and Supplies Ltd . after the due date. v. Interest on overdue amounts will accrue at a daily rate on the amount overdue from the date when payment becomes due until the date of payment at the rate of 4% above Barclays Bank plc base rate from time to time in force and will accrue at such a rate after as well as before judgement. vi. The Buyer may not withhold payment of any invoice or other amount due to Sign Making and Supplies Ltd . by reason of any right of set-off or counterclaim which the Buyer may have or allege to have or for any reason whatever vii. If the Buyer fails to make payment for the Products on the due date or commits any other breach of the contract or if any distress or execution shall be levied upon any of the Buyer’s goods or if the Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purposes of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver administrator administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if the Buyer shall suffer any analogous proceedings under foreign law all sums outstanding in respect of the Products shall become payable immediately. Sign Making and Supplies Ltd . may in its absolute discretion and without prejudice to any other rights which it may have: a. suspend all future deliveries of Products to the Buyer and/or terminate the contract without liability upon its part; b. and/or exercise any of its rights pursuant to Clause 7 (7) Title and Risk i. The Products shall be at the Buyer’s risk as from delivery ii. In spite of delivery having been made property in the Products shall not pass from Sign Making and Supplies Ltd . until: a. the Buyer shall have paid the Price plus VAT in full and b. no other sums whatever shall be due from the Buyer to Sign Making and Supplies Ltd . iii. Until property in the Products passes to the Buyer in accordance with clause 7.1 the Buyer shall hold the Products and each of them on a fiduciary basis as bailee for Sign Making and Supplies Ltd . The Buyer shall store the Products (at no cost to Sign Making and Supplies Ltd .) in premises and under conditions suitable for such storage and being supervised and protected from loss damage theft fire or other perils. The Buyer shall store the Products separately from all other goods in its possession and marked in such a way that they are clearly identified as Sign Making and Supplies Ltd .’s property. iv. Notwithstanding that the Products (or any of them) remain the property of Sign Making and Supplies Ltd . the Buyer may sell or use the Products in the ordinary course of the Buyer’s business at full market value for the account of Hybrid Services Ltd. Any such Sale or dealing shall be a sale or use of Sign Making and Supplies Ltd .’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Products passes from Sign Making and Supplies Ltd . the entire proceeds of sale or otherwise of the Products shall be held in trust for Sign Making and Supplies Ltd . and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Sign Making and Supplies Ltd .’s money. v. Sign Making and Supplies Ltd . shall be entitled to recover the Price (plus VAT) notwithstanding that the property in the Products has not passed from Sign Making and Supplies Ltd . vi. Until such time as property in the Products passes from Sign Making and Supplies Ltd . the Buyer shall upon request deliver up such of the Products as have not ceased to be in existence or resold to Sign Making and Supplies Ltd . If the Buyer fails to do so Sign Making and Supplies Ltd . or its authorised agents may enter upon any premises owned occupied or controlled by the Buyer where the Products are situated and repossess the Products. On the making of such request the rights of the Buyer under clause 7.3 shall cease vii. The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Products which are the property of Sign Making and Supplies Ltd . Without prejudice to the other rights of Sign Making and Supplies Ltd ., if the Buyer does so all sums whatsoever owing by the Buyer to Sign Making and Supplies Ltd . shall forthwith become due and payable. viii. If the Buyer is a registered company it shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of Sign Making and Supplies Ltd ., if the Buyer fails to do so all sums whatsoever owing by the Buyer to Sign Making and Supplies Ltd . shall forthwith become due and payable. (8)Warranties and Limit of Sign Making and Supplies Ltd . ’s Liability i. Subject to clause 3 above Sign Making and Supplies Ltd . warrants that the Products will at the time of delivery correspond to the description given by Sign Making and Supplies Ltd . All other warranties conditions and terms relating to fitness for purpose merchantability or condition of the Products and whether implied by Statute or common law or otherwise are excluded ii. Sign Making and Supplies Ltd gives as standard 30 days return to base warranty with ex-demo/second hand machinery regardless of age or condition. This warranty does not include such parts as print heads or consumables that can fail due to negligence of maintenance procedures. iii. Ex demo/Second user machines are all serviced and tested before delivery to customers. Due to cost of parts, fluids and materials these are classed as special order purchases and are subject to a 25% restocking fee if the customer changes their mind at any time once the deposit has been paid. iv. Any items that are sold as ‘’Clearance items’’ these are not subject to the above warranties and are sold as seen unless stated otherwise specifically by sign making and Supplies v. No right or licence is granted under the contract of sale to the Buyer under any patent, trade mark, copyright, registered design or other intellectual property right except the right to use the Products. (9) Force Majeure iii. Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party. (10) Miscellaneous iv. The Buyer shall provide Sign Making and Supplies Ltd . with electricity, water and ink together with any materials and supplies normally used in conjunction with the Products, free of charge for the fixing and repair of Products at the Buyer’s premises. v. Any notice required to be served pursuant to any contract for the sale of Products between the Buyer and Sign Making and Supplies Ltd . shall be in writing and served by first class post or by hand on Sign Making and Supplies Ltd . at 1 Sanderson House, Salter Street, Preston, PR1 1NT as Sign Making and Supplies Ltd . may from time to time notify to the Buyer and on the Buyer at the Buyer’s registered office or principal place of business Sign Making and Supplies Ltd may licence or subcontract all or any part of its rights and obligations under this contract without the Buyer’s consent vi. All headings are for ease of reference only and shall not affect the construction of this contract vii. No waiver or forbearance by Sign Making and Supplies Ltd . (whether express or implied) in enforcing any of its Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this contract. (11) Law and Jurisdiction viii. This Contract shall be governed by English Law and the Buyer consents to the exclusive jurisdiction of the English Courts in all matters