1. All business transacted by I.S. Enterprises Ltd. ("the
Company") shall be subject to all terms and conditions contained here
in except where any variation is agreed to in writing by the Company.
2. The following terms and conditions shall apply to all
orders:
a. The Company may grant the facility of a credit account
on receiving three satisfactory trade references and a bank reference together
with simple details of the new customer and shall also be entitled to with
draw such facility where the Company thinks fit.
b. Where no credit account exists a pro-forma invoice
shall be issued and the goods shall be supplied on a cash with order basis
c. The minimum invoice value of any order excluding
Value Added Tax shall be £5
d.All prices and estimates are net cash against the
invoice and are exclusive of Value Added Tax and other taxes except as hereinafter
and all prices quoted are subject to alteration without notice or agreement
and orders are only accepted at the price ruling at the date of despatch.
e. Payment is due on the payment date stated on the
invoice. If the price or any part there of is outstanding after the said due
date the Company shall be entitled to withhold the supply of fur their goods
and charge a service fee of 2.5% per month on the unpaid balance due.
f. In the event of an order being cancelled by the
buyer or his agent after 3 days from the date of order any deposit payed by
the buyer will not be refunded and a cancellation charge will apply.
3.
a. It is the duty of the buyer or his agent
to examine all goods immediately upon receipt and all claims shall be notified
to the Company within 48 hours and by writing to and causing it to be received
by the Company within 7 days of the buyer taking possession. If notification
is not received by the Company within these periods the Company shall be under
no liability whatsoever in respect of such claims and in any event the liability
of the company shall be limited at the Companyís reasonable discretion.
b. In the event of non-delivery the buyer shall give
to and cause to be received by both the Company and the carrier written notice
of such non-delivery within ten days of the receipt of invoice referring to
the said goods.
4. Where the company has dispatched goods in accordance with the buyerís order these goods or any part there of shall not be returned to the Companyís premises unless the Company has received written notice and the Company has agreed. The Company shall have discretion whether to accept returns for credit or for exchange and in any event when returns are accepted the Company shall be entitled to make a 15% deduction on the contract price for handling plus the extra carriage costs.
5. All prices, estimates, descriptions, specifications and samples whatsoever shall be subject to alteration by the Company without prior notice of agreement and any shortage or surplus not exceeding 5% of the contract quantity shall be charged pro-rata and shall be considered proper completion of any contract.
6. All times and /or dates given by the Company relating to any goods or services are intended as best estimates only and shall under no circumstances whatsoever become of the essence of any contract or agreement and the Company shall under no circumstances whatsoever be liable for any loss or expense caused directly or indirectly by any delay in the delivery of goods.
7. Retention of Title
a. The goods delivered by the seller to the buyer shall
remain the sole and absolute property of the seller as legal and equitable
owner until such time as all money due to the seller has been paid by the
buyer, but shall be at the buyerís risk from the time of delivery to it.
b. The buyer acknowledges that it is in possession
of all such goods as bailee for the seller until such time as they are delivered
to a purchaser under the terms of this agreement.
c. Until delivery to a purchaser the buyer undertakes
to store such goods in its premises separately from its own goods or those
of any other person and in a manner which makes them readily identifiable
as the sellers goods.
d. The buyerís right to possession of such goods shall
cease if it does anything or fails to do anything which would entitle a receiver
to take possession of any assets or which would entitle any person to present
a petition for the winding up of a buyer.
e. The seller may for the purpose of examination or
recovery of its goods enter upon any premises where they are stored or where
they are reasonably thought to bestored.
f. The entire proceeds of such goods shall be held
in trust for the seller and shall not be mingled with any other money or paid
into any overdrawn bank account and shall at all times be identifiable as
the sellers money.
g. The buyer warrants that it is not at the time of
entering into this Agreement insol vent and knows of no circumstances which
would entitle any creditor to appoint a receiver or to petition for winding
up or to exercise any other rights over or against its assets.
8. Before submitting a design for reproduction the buyer must ensure that it has the necessary authorisation. The Company reserves the right to seek confirmation of authorisation from the legal owner of any design which is, or appears to be, subject to copyright.
9. Where the buyer does not collect or take delivery of contract goods when the same are due and ready for collection or delivery the Company shall if its storage facilities permit be entitled to store the goods and take all reasonable steps to prevent their deterioration until the buyer or his agent does collect or take thereof and the buyer shall pay reasonable costs of so doing. This term and condition is without prejudice to any other payment or damages for which the buyer may be or may become liable in respect of this failure to make collection or take delivery on the appropriate due dates.
10. All design and origination work including proofs shall be considered an order and charged for. The company shall accept no responsibility for any errors whatsoever in proofs which have been passed by the other party and in the event that the other party does not request a proof such an order is produced at the sole risk of the other party.
11. Any printers type block dyes and lithographic materials used in any manner in the production of any order may be effaced or disposed of by the Company on completion of that order. Where camera ready artwork is not supplied then it is wholly the customerís responsibility to ensure that the artwork is satisfactory before any items are printed orembroidered. The company will give professional help in advising help in advertising the customer as to the suitability of the artwork but accepts no responsibility whatsoever for the appearance of the design once it has been printed.
12. Stockline samples are sent on a sale or return basis, carriage is not refundable. Specially made or endorsed samples are non-refundable. This agreement shall be governed and construed in accordance with the Laws of England.