Purchase Terms and Conditions
3. DESCRIPTION
3.1 The quantity and description of the Goods shall be as set out inprintingmad records which shall stand as absolute proof of what order the Buyer made.
3.2 All samples, drawings, descriptive matter, specifications (including sizing and colouring) and advertising issued or made available by printingmad and any descriptions or illustrations contained in printingmad catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.
3.3 Size, style, fabric content, specification, quality, and colour and/or any other matters relating to the Goods should be checked by the Buyer on receipt of the goods. It is the Buyer’s sole responsibility to verify that the Goods delivered are what was ordered. 3.4 Ralawise gives no warranty, express or implied, regarding the suitability of the Goods for the purpose for which Buyer has chosen them. 3.5 The Buyer recognises that variation may occur from one dye batch to another and printingmad shall not be liable for any such variation in colour. 3.6 The Buyer acknowledges and agrees that when a sample of the Goods has been shown to or inspected by the Buyer any consequent sale does not constitute a sale by sample.
4. DELIVERY
4.1 Unless otherwise agreed in writing by printingmad, the Delivery Point shall be printingmad place of business. Collections from printingmad place of business shall only be permitted between Monday to Friday between 9.00am and 5pm.
4.2 If the Buyer wishes the Delivery Point to be anywhere other than printingmad place of business, the Buyer must specifically request an alternative Delivery Point and pay the appropriate delivery charges.
4.3 The Buyer shall take delivery of the Goods within 7 days of printingmad giving it notice that the Goods are ready for delivery.
4.4 Any dates specified by printingmad for delivery of the Goods (including making them available for collection) are an estimate only on which the Buyer relies entirely at its own risk. Time for delivery shall not be, and shall not be capable of being made by notice, of the essence. If no dates are so specified, delivery shall be within a reasonable time (with printingmad view being final as to what constitutes reasonable).
4.5 Subject to the other provisions of these conditions printingmad shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by printingmad negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless 180 days has passed from the estimated delivery date.
4.6 Where the Buyer has requested that the Goods be delivered to the Delivery Point by post, printingmad shall not be liable for any non or late delivery in respect of the Goods unless the reason for the non or late delivery is an error by printingmad in sending the Goods to the incorrect address. Save for that, and subject to clause 12.3. Ralawise expressly excludes all liability in relation to non-delivery of Goods sent by post.
4.7 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or printingmad is unable to deliver the Goods because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by printingmad negligence);
(b) the Goods shall be deemed to have been delivered; and (c) printingmad may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.8 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for unloading the Goods and generally taking receipt of them.
4.9 If printingmad delivers to the Buyer a quantity of Goods of up to 10% more or less than the quantity ordered, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate.
4.10 printingmad may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
4.11 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
4.12 If the Delivery Point is to be outside the UK:
(a) The Buyer shall obtain all necessary import licences, clearances and other consents necessary for the purchase of the Goods.
(b) The Buyer must comply with all applicable laws and regulations of the country for which the products are destined. Ralawise will not be liable for any breach by the Buyer of any such laws.
(c) Risk in and responsibility for the Goods shall pass to the Buyer once they have been delivered to the carrier appointed to deliver the Goods and the Buyer shall maintain appropriate insurance for the goods in transit.
(d) Large orders may incur additional costs or extended delivery times. If applicable a member of our Customer Services team will discuss with you.
4.13 If the Customer pays for a premium delivery service, such deliveries can be made at any time from 7.00am onwards. If the Customer is not available to take delivery at that time, clause 8 may (at printingmad discretion) apply.
5. NON-DELIVERY
5.1 The quantity of any consignment of Goods as recorded by printingmad upon despatch from printingmad place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary (such evidence shall not include witness evidence from any of the Buyer’s employees).
5.2 printingmad shall not be liable for any non-delivery of Goods (even if caused by printingmad negligence) unless the Buyer gives written notice to printingmad of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
5.3 Any liability of printingmad for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
7. PRICE
7.1 Unless otherwise agreed by printingmad in writing (including email), the price for the Goods shall be those prices set out in printingmad price list published in force at the time that the order is made. However, printingmad retains the absolute right to vary the price payable for the Goods between the date of order and the date of despatch save that if the price variation gives rise to an increase of more than 15% on the original price agreed, the Buyer shall have the option to cancel the order unless the Goods have been customised for the Buyer in which case the right to cancel shall not arise.
7.2 If the Buyer is to pay the price other than in UK pounds sterling, the price shall be calculated as the sterling equivalent of the published price using the currency exchange rate of printingmad bank which applies at the time that the order is made.
7.3 The delivery charges shall be those set out on printingmad website as at the date of delivery or deemed delivery or as otherwise communicated by printingmad to the Buyer.
8. RETURNING GOODS
8.1 Subject to the Buyer having a right to return the Goods pursuant to these terms, all sales are final. However printingmad does, subject to the terms of this clause, recognise that there may be occasions when it is appropriate to accept returns from the Buyer and printingmad may, on a case by case basis, consider doing so (but shall not be under any obligation to do so). For the purposes of this clause, any Goods which the Buyer wants to return shall be referred to as “Returned Goods”.
8.2 printingmad will, in any circumstances, only accept returns if the following conditions are met:
(a) The Buyer shall provide a proper invoice and despatch note number in respect of the Returned Goods;
(b) printingmad must have issued a valid returns authorisation note in respect of the Returned Goods;
(c) By way of a restocking charge, the Buyer shall pay to printingmad a sum equivalent to either £30 (or equivalent in Euros if applicable) or 20% of the price of the Returned Goods (at Ralawise’s discretion);
(d) The Returned Goods must not have been worn (including tried on) and must be returned in their original unopened packaging;
(e) The Returned Goods must be returned with all original documentation that was supplied with the Goods;
(f) printingmad retain the right to refuse Returned Goods should printingmad deem them to be unsuitable for resale;
(g) The Buyer will either: (i) pay for and arrange the return of the Returned Goods; or (ii) if printingmad agrees to recover the Returned Goods pay to Ralawise a charge of £15/€18 per box of Returned Goods. In the event that printingmad carrier attends to collect the Returned Goods and that collection is not possible owing to a default of the Buyer, a charge of £15/€18 will be payable by the Buyer to printingmad
(h) The value of the Returned Goods must not exceed 3% of the Buyer total spend with printingmad during the preceding 12 month period. If the Returned Goods does exceed 3%, whether with printingmad consent or otherwise, a restock charge of 25% of the price of the Returned Goods in question may, at printingmad absolute discretion, be charged (such charge subject to a £50, or Euro equivalent, minimum).
8.3 The following Goods will not be eligible to be returned pursuant to this clause:
(a) Any products from the Result Air Down range;
(b) Underwear;
(c) Consumables (as defined from time to time by printingmad);
(d) Any Goods which printingmad does not carry as core stock (as defined by printingmad from time to time);
(e) Any Goods which have been ordered as bespoke Goods by the Buyer (for example, embroidered and/or personalised Goods);
(f) Samples;
(g) Any Goods which have been in the possession of the Buyer for more than 28 days after delivery;
(h) Raladeal products;
(i) discontinued lines;
(j) seasonal products;
(k) Any Goods which have, as their function, the protection of health and safety and/or the hygiene of the wearer. By way of (non-exhaustive) examples, high visibility garments, earplugs, face masks and goggles.
8.4 If Goods despatched by printingmad are returned because the address (or other matter in relation to the Goods) given by the Buyer was incorrect, then in addition to any restocking charge that may apply, the Buyer shall pay to printingmad a fee of £10.00 (or Euro equivalent)
9. TAX
9.1 The price for the Goods and all other charges shall be exclusive of any VAT (if applicable) and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods
9.2 If the Buyer orders Goods for delivery outside the UK, the delivery may be subject to export and/or import duties and taxes. The Buyer will be responsible for payment of any such export and/or import duties and taxes. If printingmad incurs any export charges, these shall be reimbursed to printingmad by the Buyer within 7 days of printingmad making a demand for any such charges.
9.3 If printingmad incurs any export charges, these shall be reimbursed to printingmad by the Buyer within 7 days of printingmad making a demand for any such charges.
9.4 The Buyer is entirely responsible for providing printingmad with all accurate and complete information that it requires to be able to properly account its financial activities to its advisors and relevant authorities, including but not limited to HM Revenue and Customs (HMRC).
9.5 The Customer is entirely responsible for properly accounting for any tax that the Customer is due to pay in connection with any dealings with printingmad.
9.6 printingmad will charge VAT applicable to the Buyer. If at any point during the Contract there are any changes to the Buyerts VAT status within the United Kingdom or European Union or anywhere else in the world, it is the responsibility of the Buyer to notify printingmad in writing immediately upon becoming aware of such change.
9.7 The Buyer hereby indemnifies printingmad and will keep printingmad fully indemnified against all actions, claims, proceedings, costs, losses and/or damages (including legal costs) arising out of any claim by a third party, including but not limited to HM Revenue and Customs (HMRC) or other relevant government department as a result of:
9.7.1. the Buyer providing failing to provide the information required pursuant to clause 9.6;
9.7.2. failing to notify printingmad of any change in its VAT status; and/or
9.7.3. providing information which is in any way inaccurate, incomplete or misleading.
10. PAYMENT
10.1 Unless agreed otherwise by printingmad, a Buyer who is not on credit terms must make payment for the Goods at the time that the order is made.
10.2 printingmad may, at its absolute discretion, agree to provide a Buyer with credit terms for payment. In asking for credit, the Buyer is warranting that (i) the Goods are being purchased in the course of the Buyer’s business, and (ii) the information the Buyer has provided printingmad in accordance with clause 9 is accurate, complete and not misleading and (iii) as at the date of each order the Buyer is not aware of any circumstances which might mean that the Buyer cannot pay for the Goods. printingmad shall be under no liability to offer credit to the Buyer. However, if printingmade does agree to provide Goods on credit, the following shall apply:
(a) Credit will not be extended to the Buyer unless approved in writing by printingmad.
(b) Where credit has been granted, payment is due within thirty days of the Delivery Date unless otherwise agreed in writing.
(c) Goods will not be despatched when a Buyer’s account is overdue or the credit limit has been exceeded.
10.3 No payment shall be deemed to have been received until printingmad has received cleared funds. printingmad shall be due payment in respect of any Goods even if no invoice has been raised and the raising and/or issuing of an invoice shall not be a pre-condition to printingmad entitlement to be paid.
10.4 Time for payment shall be of the essence.
10.5 All payments payable to printingmad under the Contract shall become due immediately on its termination despite any other provision.
10.6 If any payments are made by way of credit card, printingmad shall be at liberty to charge a fee on top of the payment sum which represents any charge levied on printingmad by the credit card handler or operator.
10.7 Subject to clause 10.8, the Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by printingmad to the Buyer.
10.8 printingmad may allow a prompt payment discount at such rate as is agreed with the Customer. The period when such payment must be made in order to qualify as ‘prompt’ will also be agreed between printingmad and the Customer. If the payment is not made promptly, printingmad shall be entitled to be paid the full amount excluding the discount.
10.9 printingmad shall have a general and particular lien on all money and property which the Buyer owns or is entitled to possess which is in the possession of printingmad or its agents which printingmad may sell as the Buyer’s agent to reduce the Buyer’s debt to printingmad.
10.10 If the Buyer fails to pay printingmad any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to printingmad on such sum from the due date for payment at a rate of 3% per calendar month or part in which payment is overdue. Interest remains payable after judgment. printingmad reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. In addition to the aforesaid, the Buyer shall be liable to pay printingmad as a debt any costs/charges/fees incurred (plus VAT) by printingmad and/or their agents in connection with any unpaid sums due to printingmad from the Buyer.
10.11 Returned or represented cheques will incur a charge of £20.00/€24 per representation.
11. QUALITY
11.1 printingmad is not the manufacturer of the Goods and as such the Buyer hereby acknowledges and agrees that it is not appropriate for printingmad to provide warranties in respect of the quality of the Goods. printingmad therefore gives no such warranties, express or implied, as to the quality of the Goods and all such warranties are hereby excluded from the contract.
11.2 Upon written request from the Buyer, printingmad shall endeavour, but shall not be obliged to, transfer to the Buyer the benefit of any warranty or guarantee given to printingmad by the manufacturer but only insofar as any such warranty or guarantee has been given to printingmad.
12. LIMITATION OF LIABILITY
12.1 The following provisions set out the entire financial liability of printingmad (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these conditions;
(b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract;
(d) any other matter arising out of or in connection with the sale or prospective of the Goods
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these conditions excludes or limits the liability of printingmad:
(a) for death or personal injury caused by printingmad negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for printingmad to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
12.4 Subject to condition 12.2 and condition 12.3:
(a) printingmad total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to, at printingmad sole election, either: (i) repairing or replacing the Goods (or appropriate part thereof) provided that, if printingmad so requests, the Buyer shall, at the Buyer’s expense, return the Goods or the part of such Goods which are being replaced to printingmad; or (ii) the price paid for the Goods.
(b) printingmad shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
|
|
