Terms of service
1. INTERPRETATION
“conditions” – means these terms and conditions of sale and supply of goods
“contract” – means the contract for the sale and supply of the goods
“goods” – means the vinyl stickers
“invoice”– means the invoice provided to the customer by the Company detailing the goods
“premises” – means the premises at the address which appears on the order form
“price” – means the price of the goods
“writing” – includes any mode of reproducing words in a legible and non-transitory form
2. BASIS OF SALE AND SUPPLY
2.1 These conditions shall apply to the sale by the Company of the goods (being the subject to the contract) purchased by the customer and no variation of these shall be binding unless agreed in writing between the Company and the customer
2.2 The company takes no responsibility for incorrect information. It is important that all spelling / numbers / bodywork / logos are checked before giving approval for print.
2.3 Design fees are charged based on labour time only and do not offer the customer copyright to the design.
2.4 The Company are the sole owner of all designs produced. You do not acquire ownership to any deigns produced by the Company. The proof is for viewing purposes only and you do not have the right to reproduce the designs through another party
2.5 Any quotation given to the customer by the Company shall be accepted by the customer signing the order form, whereon the contract will be made subject to and on condition that:
2.6 An interim payment or complete payment will be required prior to processing or an alternative payment method arranged
2.7 Any quotation given by the Company shall be valid for 4 weeks whereupon it will lapse
2.8 If the customer wishes to cancel the contract he must notify the Company in writing and such cancellation will be effective when physically received at the Company’s principle place of business. We advise you to send by Email
3. SPECIFICATIONS
3.1 The Company reserves the right to make any changes to the specification of the goods:
3.1.1 which are required so that the goods conform with any applicable statutory European Community requirements, or
3.1.2 so that the customer may receive the current or more up to date specification of the goods available PROVIDED THAT any such changes shall not materially or adversely affect the performance of the goods
4. DELIVERY
Where possible the Company will inform the customer by email when the goods are ready for delivery and provide details of the Courier to be used and the tracking number
5. RISK
On delivery of the goods to the customer, the customer shall be responsible for any damage to or loss of the goods
6. PRICE
The price for the goods shall be the price specified on the invoice, which otherwise stated shall be inclusive of Value Added Tax and delivery
7. PAYMENT TERMS
7.1 The Company shall be entitled to invoice the customer for the price of the goods on or any time after the Company has printed them
7.2 The time for payment of the price shall be of the essence
7.3 If the customer fails to make payment within seven days of the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to charge the customer interest (both before and after any judgement) on the amount unpaid, at the rate of 3% per annum above the Company’s bankers base rate current from time to time
8. TITLE
8.1 Notwithstanding the delivery of and the passing of risk in the goods, or any provision of these Conditions, title in the goods shall not pass to the customer until the Company has received in cash or cleared funds payment in full of the price
8.2 Until such time as title in the goods delivered by the Company passes to the customer, the customer shall hold such goods as the Company’s fiduciary agent and bailer, and keep such goods properly stored, protected and insured
8.3 Until such time as title in the goods which have been delivered by the Company passes to the customer, the Company shall be entitled at any time to require the customer to deliver up such goods to the Company and if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where such goods are stored and mark, identify and repossess such goods
8.4 The customer shall not be entitled to pledge or in any way charge by way of security for a any indebtedness any of the goods which remain the property of the Company
9. WARRANTIES AND LIABILITY
9.1 The Company shall be under no liability for any defect in the goods arising from wear and tear, weathering, failure to follow the Company’s instructions whether oral or in writing, improper use or misuse and inadequate maintenance
9.2 The Company shall not be liable for any defect in the goods which is due to any modification or repair carried out to the goods by the customer or a third party
9.3 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Nothing in these terms and conditions shall affect the statutory rights of the customer
9.4 The customer shall not be entitled to reject the goods where the alleged defect or breach of contract is so slight it would be unreasonable for the customer to reject the goods
9.5 Where any valid claim in respect of the goods is made by the customer, the Company shall be entitled to replace the goods (or the part in question) at the Company’s sole discretion, refund to the customer the price (or a proportionate part thereof), and the Company shall have no further liability to the customer
9.6 Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the customer for any indirect, consequential loss or damage (whether for loss or profit income or otherwise), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the sale of goods to the customer or the performance by the Company.
10. INSOLVENCY OF THE BUYER
10 This clause applies if;
10.1 the customer makes any voluntary arrangement with its creditors or becomes bankrupt; or
10.2 an encumbrancer takes possession or a receiver is appointed, or any of the property or assets of the customer; or
10.3 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly
10.4 If this clause applies, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the contract between the Company and the customer and suspend any further deliveries or performance of the contract without any liability to the customer, and if the goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary
11. GENERAL
11.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be done in writing
11.2 If any provisions of these Conditions is held by any competent authority to be invalid and unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect
11.3 No waiver by the Company of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision
11.4 The contract shall be governed by the laws of England, and the customer agrees to submit to the exclusive jurisdiction of the English courts
13. COMPANY DETAILS
JakeDesigns, Unit G1, Psalters Lane. Meadowbank Industrial Estate, Rotherham, S61 1DP