In these Terms and Conditions the following words have the following meanings:
"Company" means Britannia Promotion UK Limited.
"Purchaser" or “Customer” means the person, Company, firm or other organisation purchasing Goods from the Company and "you" refers to the Purchaser.
"Contract" means the agreement between the Company and the Purchaser for the purchase of the Goods and incorporating these terms and conditions,
"Order" means the purchase order giving details relating to the Goods and Contract that the Purchaser has agreed to in writing.
"Goods" means the goods to be sold by the Company.
"Website" means any of the Company's websites.
This agreement shall be governed by English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
These terms and conditions apply to all Orders and Contracts and supersede all others. Receipt of acknowledgement of an Order by you, constitutes your acceptance that our conditions are the only conditions that apply to the Contract notwithstanding any purported terms put forward by you. Any variation on these terms and conditions will not be binding on us unless set out in writing and approved by an authorised signatory of the Company.
No statement, description, information, warranty, condition or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents, representatives or employees of the Company shall be construed to vary in any way any of these terms and conditions under the Contract unless otherwise agreed in writing by us.
Failure by us at any time to enforce any of the provisions of these general conditions shall not be construed as waiver by us of such provisions or in any way affect the validity of these terms and conditions.
Where applicable all prices are subject to VAT at the current rate. Prices quoted on our Website are guide prices only subject to viewing final artwork. Once full specifications have been finalised, a quotation price will be confirmed. All prices are subject to change without notice.
All quotations are valid at the time of quoting and remain valid for 30 days, error and omissions excluded. We reserve the right to adjust the prices quoted on orders to take account of additional costs to us including, but not limited to additional costs caused by changes in the law and/or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties, currency fluctuations or otherwise.
We will send you artwork of your customised Goods requesting your approval by email or and this must be checked thoroughly. You must notify us of any discrepancy in the artwork or Order as we will not accept any liability of any post-completion errors or omissions. No production will take place until we have received in writing your "signed off" approval of the artwork and the order.
The prices shown in our website generally include artwork and printing charges. Where prices do not include artwork and/or printing charges, this will be clearly stipulated. The advertised prices are subject to change and will be confirmed in the order.
Where you provide the artwork or design for us to use you warrant that you are entitled to use that artwork or design and either own the copyright or are entitled to use it and will indemnify us against all claims made by third parties. In order to print efficiently from the artwork you supply it maybe necessary to adjust or redraw your artwork and you will be advised of the changes made.
Where you have asked us to create artwork or designs for you, we retain the copyright in such artwork and designs unless we agree in writing that you have acquired its ownership. We reserve the right to use your logo or advertisement on our website, unless otherwise instructed in writing.
All invoices for approved accounts are payable in UK Stirling within 30 days of the date of the invoice and in no circumstances shall the customer be entitled to make any deduction or withhold payment for any reason at all. We will not usually commence work on orders placed by non credit account Customers until payment has been received. Without prejudice to any other rights of the Company if the Customer fails to pay the invoice price by the due date the Customer shall pay interest on any overdue amount from the date of which payment was due to the date of actual payment (whether before or after judgment) at the rate of 5% above the HSBC Bank PLC . If an account is overdue for more than 14 days we are entitled to withhold future deliveries. In addition to our statutory rights we are entitled to claim from you all legal or collection charges on overdue accounts.
Amendments and Cancellations
Orders for goods which have to be made will be charged in full, unless written notice of cancellation is received no later than 10 days before the expected delivery date. If production of your goods has not yet started, no fee will be applied. If production of your order has started, there will be additional charges to change or cancel your Order. The charge will be based on work carried out up to the date of notification and the cost of materials no longer usable elsewhere.
Risk, Delivery and Performance
The risk of the Goods shall pass to the Purchaser on delivery. All Goods, delivered or not, remain our property until payment is received in full.
The goods are delivered to the customer when the Company makes them available to the customer or any agent/carrier of the customer at the Companies premises or other delivery point agreed by the Company.
The delivery date will be deemed to commence at the date that we receive your signed artwork approval form. Every effort will be made to agree a mutually convenient delivery date and to deliver on time, but any delivery day or lead-time specified is a best estimate made by us in good faith and shall not be binding upon us as a term of the contract or otherwise. Time of delivery is not of the essence for the purposes of the contract and no liability is accepted for any loss arising from delay or error in the delivery of the Goods. The Company's delay in delivery of the Goods shall not by itself entitle the Purchaser to terminate or rescind the Contract.
Any claim for non-delivery of the Goods shall be notified in writing by the Customer or the Customer’s agent to the company within 72 hours of receipt by the Customer or Customers agent of notification of despatch of Goods.
All Goods should be examined by the Customer delivered at the time of delivery. Subject to the “Liability” clause, we shall not be liable for any loss arising from damage caused to the Goods in transit unless the loss or damage is noted on the delivery note at the time of delivery and subsequently reported to us in writing in accordance with this clause. Goods are only returnable with our prior written agreement.
Extent of Liability
The Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except: for death or personal injury resulting from the Company’s negligence; and as expressly stated in these conditions. If the Customer establishes that any Goods have not been delivered, have been delivered damaged or do not comply with their description the Company shall, at its option, replace with similar goods any Goods which are missing, lost or damaged or do not comply with their description, allow the Customer credit for their invoice value or repair any damaged Goods.
If the Customer establishes that any Goods are defective the Company shall, as its option, replace with similar goods or repair any defective Goods, allow the Customer credit for their invoice value or to the extent that the Goods are not of the Company’s manufacture, assign to the Customer (so far as the Company is able to do so) any warranties given by the manufacturer of the Goods to the Company. The delivery of any repaired or replacement Goods shall be at the Company’s premises or other delivery point specified for the original Goods. Where the Company is liable in accordance with this condition in respect of only some or part of the Goods the Contract shall remain in full force and effect in respect of the other or other parts of the Goods and no set-off or other claim shall be made by the Customer against or in respect of such other or other parts of the Goods. No claim against the Company shall be entertained for any defect arising from any design or specification provided or made by the Customer or if any adjustments, alterations or other work has been done to the Goods by any person except the Company. The Company shall not be liable where any Goods, the Price of which does not include carriage, are lost or damaged in transit and all claim’s by the Customer shall be made against the carrier. Replacements for such lost or damaged Goods will, if available, be supplied by the Company at the prices ruling at the date of despatch. In no circumstances shall the liability of the Company to the Customer under this condition exceed the invoice value of the Goods. Whilst the Company shall make every effort to match print colours to the Customer’s requirements, no liability is accepted by the Company for colour variations within normally expected commercial tolerances. The Company shall not be liable for the acts or omissions of any third parties to the Contract.
Default of Purchaser
In the event that the Purchaser shall be in material breach of any of its obligations under the Contract; or any distress or execution shall be levied on the Purchaser's property or assets; or if the Purchaser (being an individual or partnership) shall make or offer to make any voluntary arrangement or composition with its creditors or become bankrupt or if any bankruptcy petition be presented against him; or if the Purchaser (being a company) has an administrative receiver or administrator appointed or makes a voluntary arrangement with its creditors or commences to be wound up; or otherwise if the Purchaser fails to pays its debts as and when they fall due; the Company at its discretion and without prejudice to any other right or claim may by notice in writing immediately terminate, wholly or in part, the Contract between the Company and the Purchaser or may (without prejudice to the Company's rights subsequently to terminate the Contract for the same cause should it so decide) by notice in writing suspend further deliveries of Goods.
The Company shall not be liable for any failure in the performance of any of it’s obligations under this Contract caused by factors outside it’s control.
The Purchaser may not assign, sub-contract or in any way transfer or dispose any of its rights or obligations under the Contract without the prior written consent of the Company.