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Terms and Conditions
STANDARD TERMS AND CONDITIONS
AND GENERAL TRADING INFORMATION
1. These Terms and Conditions apply to all orders and supersede all others. Receipt
of acknowledgement of 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.
2. PAYMENT TERMS
2.1 ACCOUNT
Payment shall be made in full by the end of the month following the month in which
the invoice is raised, unless special settlement terms have been agreed by us in
writing.
2.2 NON ACCOUNT
Payment is required before delivery
2.3 DISCOUNT
Any discounts are offered on the strict understanding that accounts are paid by
the due date. We reserve the right to invoice any such discounts to accounts which
become overdue.
2.4 VAT
If VAT is noticed on your order after the bill has been paid, you as the customer
are liable to pay the VAT in full
3 OVERDUE ACCOUNTS
3.1 No goods will be delivered on accounts which remain unpaid 14 days after payment
is due. We reserve the right to charge interest on overdue
accounts, at the rate of 5% above the Barclays Bank Plc base rate from time to time
from the date the account became due until payment is received. This
does not prevent us from pursuing payment of overdue accounts at any time after
payment becomes due and shall be in addition to and without prejudice to any other
rights we may have against you.
3.2 We reserve the right to charge you for any legal or collection charges where
it is necessary to obtain payment from you of an overdue account through a third
party or Court proceedings.
4. PASSING OF TITLE AND RISK
4.1. The risk in the goods shall pass to you on delivery.
4.2. All goods, delivered or not, remain our property until payment is received
in full.
4.3. Until such time as payment is made you shall retain such goods separately from
other goods and clearly mark them in such a way that they can be readily identified
as being our property and any payment received by you for any sale of such goods
must be held in a separate account in trust for us. In the event of non-payment
for such goods we will, without loss of any rights or remedy, remove from your possession
those goods belonging to us in accordance with these conditions and we shall be
entitled to enter
upon the property where the goods are stored to repossess and remove the same. You
hereby grant us an irrevocable licence to enter your premises for
the said purposes.
5. PRODUCTS
We reserve the right to alter any details of products advertised without notice
and while every effort is made to describe goods accurately in the advertisement
no warranty is given as to accuracy and no responsibility will be accepted for error
or mis-scription and any resulting loss.
6. QUOTATIONS AND CONTRACTS
Orders are accepted subject to our right to adjust prices quoted to take account
of any changes in the law or Government regulations requiring us to increase prices
by way of direct taxation, import duties, customs and excise duties or otherwise.
The prices are based on today¹s current costs of production and in the event of
any increase in wages or costs of materials
to us occurring after the confirmation of accepted contract, we shall be entitled
to charge such increases to you.
7. PRICES
Where applicable all prices quoted are subject to VAT at the current rate.
8. DELIVERY
8.1. Every effort will be made to deliver on time, but any delivery day specified
is a best estimate and no liability is accepted for any loss arising from delay
or error in the delivery of the goods. All deliveries
will be charged at the prevailing rates applying at the date of such delivery.
8.2. Special rush deliveries can usually be arranged but will usually be subject
to additional charges (eg. rush print charges and rush delivery charges), which
will be charged to you at current commercial rates.
9. QUANTITY VARIATION
We shall be deemed to have fulfilled our contract by delivery of a quantity within
5% plus or minus of the quantity of printed goods ordered and you will be charged
at the contract rate for the quantity delivered.
10. CLAIMS
10.1. Claims arising from damages, delay or partial loss in transit must be made
in writing to us, so as to reach us within 5 days of delivery.
10.2. All claims with regard to the quality or quantity of the goods shall be made
in writing to us so as to reach us within 5 working days of receipt of goods or
such goods shall be deemed to comply as to quality and quantity within the terms
of the contract.
10.3. You must examine all goods delivered at the time of delivery. We shall not
be liable for any loss arising from damage caused to the goods in transit unless
loss or damage is noted on the delivery note at time of delivery.
10.4. Claims in respect of non-delivery must be made in writing so as to reach us
within 4 days from receipt of our invoice.
11. LIABILITY
11.1. Save in so far as defects in the goods cause death injury or damage to personal
property, our liability for any loss or damage suffered by you in respect of the
goods shall be limited to the contract value of the goods.
11.2. We can accept no responsibility for loss or damage arising from the supply
of goods under this contract unless you have fully complied with the notification
of claims procedure set out in clause 10.
11.3. Nothing in these terms and conditions shall affect the rights of a consumer.
12. CANCELLATION CHARGES
Please note that a 5% charge of the total value of the original order will be made
on all cancelled orders plus a £10.00 charge to cover administration costs.
Any costs incurred for work already carried out up to the date of written cancellation
will also be charged for and deducted before any refunds are made.
13. SAMPLES
These will be submitted on approval and will be charged if not returned in good
condition withing 14 days. Accounts at any time after payment becomes due and shall
be in addition
14. QUANTITY CHANGES TO ORDERS
Any changes in quantity ordered must be made in writing to us prior to commencement
of processing. Any increases in the order must be regarded as a
separate contract unless written notification is received before work commences
on the original order.
15. ARTWORK AND PRINTING
The entire copyright throughout the world in all printing plates, litho positives
and negatives, artwork, designs, photographic transparencies, negatives or positives
and any other artistic craftsmanship made by or for MAYASEED pursuant to or in implementation
of any contract with the customer shall belong to MAYASEED. MAYASEED agrees that
unless the customer becomes in default of any obligation to make any payment to
MAYASEED, it will not reproduce any such items for any competitor in business of
the customer.
16. PROOFS
If we have not been given printing approval after 14 days a 5% charge of the total
value of the original order will be made plus a £10.00 administration fee.
17. ON HOLD
If we have not been notified after 14 days a 5% charge of the total value of the
original order will be made plus a £10.00 administration fee.
18. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our
obligations under the contract arising from any cause outside our reasonable control
or by inability to procure materials or articles except
at higher prices due to any such cause and in such circumstances we shall be entitled
by notice to terminate the contract in whole or in part without
incurring any liability whatsoever to you.
19. MISCELLANEOUS
The contract between ourselves the Company and the Customer shall be governed by
and construed in accordance with English Law.
20. COMPLAINTS
Complaints must be made within 48hours of receiving your goods. Any complaints made
after this time period are void of any right to refund or reprint.
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