1 These Terms and Conditions are the only terms and conditions to which the contract for the sale of goods and or services by Tannery Works Ltd (the Company) to the customer as named overleaf, are subject.
2 No contract for the sale of goods and or services shall be entered into unless a signed order is received, to the satisfaction of the Company, from the Customer.
3 Any deposit paid by the Customer prior to the commencement of an order is non-refundable unless the Company is unable to complete the work as agreed.
4 The Company accept no responsibility for the quality of the output if supplied artwork by the Customer, is not of sufficient quality and deemed unsuitable for job intent by the Company.
5 The Company will provide artwork if required prior to job commencement. This must be signed by the Customer and as such indicates that the Customer fully approves of its content and releases the Company to commence work. In signing the proof the Customer becomes solely responsible for the content of the proof and costs incurred should changes need to be required once work has commenced by the Company. The Company will not accept responsibility nor incur any costs from that point on in making any required changes after work has commenced.
6 Delivery charges, postage and packaging are all extra charges unless stated on the estimate.
7 New Customer accounts are required to pay either of the following at the discretion of the Directors:
i. Full amount of invoice upon first order so that a 30-Day Term may be set up for subsequent orders
ii. 50% on order with balance prior to completion.
Exceptions or allowances are at sole discretion of the Company.
8 The Company reserve the right to require a registration form or credit reference form to be completed prior to any credit account being granted. Two references will be required and will be taken up on.
9 Upon acceptance of credit terms an initial 30-Day account with a credit limit will be applied to the Customer. Terms and credit limit is at sole discretion of the Company. The Company reserves the right to increase or withdraw credit without any notice at any time. Any outstanding balance(s) must be paid in full immediately.
10 Any balance due, in accordance with the agreed payment terms, is to be paid in full by BANK TRANSFER. Cash payment(s) and credit card payments will only be accepted by mutual agreement.
11 Title of the goods does not pass to the Customer until such time as valid and full payment is received by the Company for the goods and or services supplied by the Company. Should no such valid payment be received in good time, and then the Company is at liberty to repossess the goods. The goods remain the property of The Company until payment in full has been received. Any agent, acting for The Company, may enter the buyers promises to recover them and in the meantime the buyer or their agent must safeguard them until such time as they can be recovered by The Company.
12 Until such time as the property in the goods has passed to the Customer the Company shall have absolute authority to retake, sell or otherwise deal with all or any part of the goods and for these purposes the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which the goods are stored or kept or are reasonably believed to be so.
13 The Company shall be entitled to charge the customer with interest at the rate of 25% per annum on any unpaid balances that exceed the agreed payment terms, as outlined above, for the period of the delay until date of actual payment in full, both before and after judgement. Any exceptions or allowances are at the sole discretion of the Company. The Company has the right to refer the matter out for collection. In such cases all additional costs incurred such as legal fees and additional administrative charges will be charged to Customers account.
14 A charge of £20 (twenty pounds) will be administered to the Customers account for any returned cheques or payments that are deemed insufficient by the Company.
15 A Customer’s acceptance, either personally or through his/her agents and/or employee(s) of the work ordered shall be deemed as full acceptance. This means that by accepting delivery of the work the Customer affirms that the work conforms to all expectations.
16 The goods shall be deemed to have been accepted by the customer 24 hours after delivery unless the customer shall notify the company in writing within that period. The reporting of transit damage must be accompanied by photographs showing any damage to the packaging prior to unpacking and also damage identified at the time of unpacking. Photographs must clearly show damage to the packaging and damage to the goods within the packaging.
17 If the Customer does not take possession of the goods completed within 30 Days from notification of completion, then the goods will be considered lost or forgotten and the Company will assume no further responsibility for the goods. However full payment of the goods will still be required under the terms above.
18 Delivery of the goods ceases being the Company’s responsibility once it has been collected and signed for by the appointed carrier/courier. The Company accept no liability to any damage caused in transit to, or lateness in delivery of the goods, after collection from the Company’s premises. Standard delivery is next working day with no time specified.
19 Delivery and performance dates are only binding if they have been expressly confirmed by the Company in writing.
20 In the case of unforeseeable, unavoidable events that are beyond the control of the Company, and for which the Company does not bear responsibility, the delivery and performance periods and dates shall be extended or postponed. The Company shall inform the customer as soon as possible after the event has occurred.
21 A customer shall have no right under any circumstances to cancel their contract or order without prior written consent of the Company. If the Company shall give such consent (and it shall be under no liability so to do) the Company may make it a condition of such consent that the customer shall pay such compensation as the Company may reasonably require.
22 In the event of non-payment of account within agreed terms or adverse Credit Information we reserve the right to suspend the account.
23 On an insolvency, all debts due to The Company immediately become payable, despite normal payment terms. Clause 11 operates immediately on appointment of a liquidator/administrator.
24 The Customer shall indemnify the Company against all damages, costs and expenses to which the Company may be liable to as a result of work done in accordance with the Customer’s specifications, either written or verbal, which involve(d) infringement or alleged infringement of a patent registered design, logo, trademark or copyright.
25 Consequential Loss
Save as may be expressly provided for herein the Company shall not be liable for any consequential loss suffered by the Customer, and in particular the Company shall not be liable for any costs, claims or damages or expenses arising out of any tortuous act or omission or any breach of contract or statutory duty calculated by reference to profits income production or accruals or by reference to accrual of such costs, claims, damages or expense on a time basis.
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