Brand Promotions UK Ltd – Standard Terms and Conditions of Sale
Brand Promotions UK Limited (“the Seller”) will supply goods to any purchaser (“the buyer) only in accordance as set out herein which shall prevail over any terms contained in the Buyers order or in correspondence or elsewhere unless specifically agreed to in writing and signed by a Director of the seller.
Prices payable for the goods shall be those in the seller’s price list current at the time of dispatch. The seller reserves the right to revise and amend prices and specifications without prior notice.
VAT shall be added to all amounts payable by the Buyer.
4. Payment Terms
- Payment of invoices charged to established credit accounts shall be made in full within 30 days of the date of invoice. The Seller reserves the right to charge interest on overdue accounts at the rate of 5% over the annual base rate of The National Westminster Bank PLC to run from the due date for payment until receipt by the Seller of the full amount whether or not after judgement.
- The Seller reserves the right at its sole discretion unilaterally to alter the amount of credit allowed to the Buyer either up or down, as business situations change.
- Goods will be dispatched via DPD on a next working day carrier at the Seller’s discretion unless special delivery arrangements are requested at time of ordering.
- All carriage cost will be charged to the Buyer unless order qualifies for free carriage.
6. Risk And Title
Risk in the goods shall pass to the Buyer on delivery. All goods supplied to the Buyer shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as the Buyer shall have paid to the Seller the full invoiced amount.
7. Variation and Returns
The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery though the quantity may be up to 10% more or less than the quantity specified in the contract and in such event the Buyer shall pay for the actual quantity delivered. Save as provided herein no return of goods will be accepted unless authorised by the Seller prior to dispatch.
- The Seller shall not be liable to the Buyer
1. For shortages in quantities delivered unless the Buyer notifies the Seller of such claims within 5 days of receipt of goods.
2. For damage to or loss of the goods or any part thereof in transit unless the Buyer shall notify the Seller of any such claims within 5 days of receipt of the Invoice or within 5 days of receipt of the goods as appropriate.
3. For defects in the goods caused by fair wear and tear, abnormal conditions of storage or use, neglect or default of the Buyer or any third part.
4. For other defects in the goods unless notified to the Seller within 14 days of receipt of goods by the Buyer
5. In any respect for goods which are changed in their form by printing or in any other way whatsoever.
- Where liability is accepted by the seller under 8a above the Seller’s only obligation shall be at its option to make good any shortage or non delivery and/or to replace any goods found to be damaged or defective or to refund the cost of such goods.
- The Seller’s aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defect, damaged or undelivered goods which give rise to such liability determined by the net price invoiced to the Buyer in respect of any occurrence or series of occurrences.
- Subject to the foregoing and the provisions of the Unfair Contract Terms Act 1974, all conditions warranties and representatives express or implied by statue, common law or otherwise in relation to the goods are hereby excluded and the Seller shall be under no liability to the Buyer for any loss damage or injury direct or indirect resulting from defective material, faulty workmanship or otherwise however arising and whether or not caused by negligence of the Seller its employees or agents.
9. Force Majeure
The Seller shall not be liable to the Buyer for the loss or damage suffered by the Buyer as either a direct or indirect result of the supply of goods by the Seller being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Sellers reasonable control.
10. Insolvency and Default
If the Buyer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if an order is made or a resolution is passed for the winding up of the Buyer or if a receiver is appointed for any of the Buyer’s assets or undertakings or if the Buyer takes or suffers any similar or analogous action in consequence of debt or commits any breach of this or any other contract between the Seller and the Buyer the Seller may without prejudice to any of its other rights stop any goods in transit and/or suspend further deliveries and/or determine the rights of the Buyer under condition 6 and/or by notice in writing to the Buyer terminate the contract.
11. Governing Law
The contract shall be governed by and construed in accordance with English Law the parties submit to the jurisdiction of English Courts.