- 1. QUOTATIONS
Unless previously withdrawn by the Seller (Fast Box Ltd) quotations shall remain open to acceptance for 14 days (or shorter period as may be stated in writing by the seller) from the date of posting. The seller may nevertheless elect at his/her option to treat as binding an acceptance received after the expiration of such and shall be deemed to have so elected and until he notifies the buyer to the contrary.
- 2. PRICES
- a) Where the quantity ordered is less that that quoted for or delivery is ordered in instalments less than those specified in the quotation, the prices are subject to adjustments as appropriate.
(b) Prices are subject to revision in the event of any increase in costs, or
raw materials, or between the date of confirmation of order and date of delivery to Buyer.
(c) In the event of any dispute arising as to such increased prices a certificate given by the Company’s Auditors that such increased prices
are caused directly by specified increased costs incurred by the Company shall be final and binding on the Buyer.
- 3. PAYMENT
Subject to satisfactory references, goods invoiced up to and including the last day of a calendar month shall be paid for not later than the last business day of the following month. The Company reserves the right to charge interest on any account, at commercial rates which will be not less than 3% over the Basic Rate of Barclays Bank Limited from time to time applicable until the sum due is paid, otherwise payment is to be made by cash with order.
- 4. MANUFACTURE
A variation of up to 10%, above or below the quantity ordered, will be deemed proper execution of any order. The Invoice will be for the actual delivered quantity. Goods will be manufactured in accordance with the dimensions specified and/or approved by the buyer subject to an Industry tolerance of +/-
3mm. While every endeavour will be made to supply materials in accordance with the quality of samples submitted or quoted for, materials of not less than those quoted may be substituted for those quoted.
- 5. SKETCHES, PROOF, PRINTING ETC.
(a) All sketched and origination work shall remain the property of the seller unless paid for by the buyer.
(b) Alterations from original copy on or after the first proof including alteration in style at our discretion may be charged extra. No responsibility will be accepted by the seller for any errors in proofs, which have been passed by the buyer.
(c) Quotations for printing are made subject to the suitability of copy matter and of any materials to be supplied, either by the buyer or on the buyers behalf (in the latter case whether charged to the seller or not) and furthermore are made on the basis of the use of our standard range of ink colours, any deviation from which may at our discretion be charged extra.
- 6. OWNERSHIP
(a) Until payment is made in full to the seller the goods shall remain the property of the seller but the risk therein and all liability to third parties in respect thereof shall pass to the buyer on delivery.
(b) If the seller invoices in full for Cutting Formes or Print stereos these will become the property and ownership of the buyer. Responsibility for the Insurance of these items falls on the buyer, and the seller cannot be held liable for accidental damage or damage caused by general wear and tear.
- 7. CLAIMS
(a) The buyer shall upon delivery of the goods examine them to determine their quality and quantity and the seller shall not be liable if the buyer fails to do this and suffers damage or loss.
(b) Claims relating to the goods must be notified to the seller promptly and confirmed in writing no later than seven days after the delivery of the goods, or, in the case of delay or non-delivery of the goods, seven days after the proposed date of despatch of the goods notified to the buyer. The seller shall not be under any liability whatsoever in respect of any claim if it shall not be notified and the seller shall be prejudiced by such delay.
- 8. EXCLUSION OF LIABILITY FOR CONSEQUENTIAL LOSS
The seller shall not, under any circumstance, be liable to the buyer for any loss of profits or loss of contracts or other consequential losses. Time of delivery cannot and will not be guaranteed.
- 9. QUALITY
The sellers liability for the fitness of purpose of the goods is subject to the buyers purposes being fully made known to the seller and to any express direct or indirect exclusion or qualification of that undertaking by the seller in any particular case.
- 10. FORCE MAJEURE
No liability will be accepted by the seller for any failure or delay in performance which is due wholly or partially to Act of God, war, fire, explosion, riot, civil commotion, restriction by Government or other competent authority strikes, locks out, failure in supplies to our factory of raw materials or to any cause whatsoever beyond our control.
- 11. MISCELLANEOUS
(a) If any of these conditions or any part of one of these conditions is rendered void by any legislation to which it is subject it shall be void to that extent and no further. If any of these conditions or any part of these conditions is rendered unenforceable by any legislation to which it is subject it shall be enforceable to the extent that it is not fair or reasonable to allow reliance on such a condition or part thereof, but not further.
(b) A waiver by either party of any of the terms and conditions of this contract and/or breach thereof shall apply only to the particular instance or instances in which such waiver occurs and shall not affect or impair the further continuance in force of such terms and conditions, or right of either party to avail itself of such terms and conditions upon any subsequent breach or breaches thereof.
- 12. LAW
The Contract shall be deemed to be made in England and the parties to the contract hereby submit to the jurisdiction of the English Courts, English law shall be the proper law of the contract.
- 13. DATA PROTECTION ACT
We may transfer information about you to our bankers/financiers for the purposes of providing services and the following purposes: Obtaining credit insurance, making credit reference agency searches, credit control assessment and analysis (including credit scoring, market, product and statistical analysis), securitisation and protecting our interests.