Please read carefully our Terms & Conditions.
TERMS AND CONDITIONS
The “Seller” means Sign Print Hebrides Ltd. The “Purchaser” means the person, firm or company to be supplied with the goods by the Seller. “Goods” means the goods materials and/or other items to be supplied pursuant to the Contract. The “Contract” means the contract for sale and purchase of the Goods made between the Seller and the Purchaser to which these Conditions apply.
A quotation by the Seller does not constitute an offer and the Seller reserves the right to withdraw or amend the same at anytime prior to the Seller’s acceptance of the Purchase’s order. Quotations are valid for 30 days from issue.
- The prices payable for the Goods shall be those charged by the Seller at the time of dispatch. The Seller shall have the right at any time to revise the price to take account of increases in costs including (without limitation) costs of any goods or materials carriage, labour or overheads the increase or imposition of any tax duty or any other levy and variation in exchange rate. Unless otherwise stated the price is exclusive of value added tax.
- Any special packaging requested by the Purchaser shall be the subject of an additional charge.
4. TERMS OF PAYMENT
Invoices will be sent out on delivery of goods to the Seller. Invoices must be paid on collection of goods unless the Purchaser holds an account with the Seller or prior arrangements of payment have been made. Account invoices must be paid 7 days after the sent date. Interest shall be payable on the amount outstanding at the rate of 2% per month to run from the due date of payment thereof until receipt by the Seller of the full amount whether or not after judgement. The Seller reserves the right to levy additional charges to cover reasonable Bank and administration charges in the event of dishonoured cheques whether represented or not and on settlement of invoices by credit card.
- Time for delivery is given as accurately as possible but is not guaranteed. The Purchases shall have no right to damages or to cancel the order for failure for any cause to meet any delivery time stated.
- If the Purchaser refuses or fails to take delivery of Goods tendered in accordance with the Contract the Seller shall be entitled to immediate payment in full for the goods so tendered. The Seller shall be entitled to store at risk of the Purchaser any Goods which the Purchaser refuses or of which he fails to take delivery and the Purchaser shall in addition to the price pay all costs of such storage and any additional costs or carriage incurred as a result of such refusal or failure. Refusal by the Purchaser to take delivery will relieve the Seller from the obligation to make further deliveries without prejudice to the Seller’s right to recover damages for such refusal. The Seller shall be entitled after the expiration of 28 days from the date on which the price became payable to dispose of the Goods in such manner as it may determine.
- Subject to the provisions of paragraph (e) of this Condition (where applicable) the Goods shall unless delivered by the Seller’s own transport or by a carrier on behalf of the Seller be deemed to have been delivered and the risks therein to be passed to the Purchaser.
- Title to the Goods or any part thereof shall pass to the Purchaser only upon the happening that the Purchaser has paid to the Seller all sums due from it to the Seller under this Contract and under all other contracts between the Seller and Purchaser including any sums due under contracts made after this Contract whether the same are immediately payable.
7. DISCLOSURE OF INFORMATION
All technical advice, data or information given by the Seller, its employees or agents in respect of the Goods is made in good faith on the basis of test data and field experience and are provided for general guidance only. No such information, advice or data shall form any part of the Contract.
The Purchaser is solely responsible for ensuring that all drawings, information, advice and recommendations given by the Seller either directly or indirectly are accurate, correct and suitable. Examination or consideration by the Seller of such drawings, information, advice or recommendations shall in no way limit the Purchaser’s responsibility hereunder unless the Seller specifically agrees in writing to accept responsibility.
8. THIRD PARTY RIGHTS
The Purchaser shall indemnify the Seller against any and all claims, costs, demands and expenses incurred by or made against the Seller as a direct or indirect result of the carrying out of any work required to be done on or to the Goods in accordance with the intellectual or industrial property right vested in any third party. In any case where the Goods are or are capable of becoming the subject of any industrial or intellectual property rights of any third party the Seller shall be obliged to transfer to the Purchaser only such title as it may have to the Goods.
- The Seller shall not be liable to the Purchaser for (i) Any discrepancy in quantity or weight delivered unless the Purchaser notifies the Seller of any claim in writing within 48 hours of receipt of Goods; (ii) Damage or loss of the Goods or any part thereof in transit (where the Goods are carried by the Seller’s own transport or by a carrier on behalf of the Seller); (iii) Defects in the Goods caused by any act, neglect or default of the Purchaser or third party; (iv) Other defects in the Goods unless notified to the Seller, in writing within 24 hours of receipt of the Goods by the Purchaser.
- In the event of any shortage or non-delivery and/or defect in respect of which the Seller accepts liability the sole obligation of the Seller shall be at its option to make good any such shortage, non-delivery and/or as appropriate replace or repair any Goods found to be damaged or defective. In no circumstances shall the Seller’s aggregate liability to the Purchaser whether for negligence, breach of contract, misrepresentation or other side exceed the cost of the defective damaged or undelivered goods.
- Without prejudice to the generality of the the foregoing the Seller shall have no liability for loss of profits or contracts or other economic, indirect or consequential loss, whether arising from negligence, breach of contract, breach of statutory duty or otherwise however.
- The Seller’s prices are determined on the basis of the limits of liability set out in this Condition.
10. LICENCES AND CONSENTS
If any licence or consent of any government or other authority shall be required for the acquisition or use of the Goods by the Purchaser the Purchaser shall obtain the same at its own expense and if necessary or so required produce evidence of the same to the Seller on demand.
11. FORCE MAJEURE
- The Seller shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of the Goods by the Seller being prevented, hindered, delayed or rendered uneconomic by reason of any Force Majeure Circumstances.
- In this condition “Force Majeure Circumstances” shall mean any Act of God, riot strike, lock out, trade dispute, labour disturbance, accident breakdown of plant or machinery, fire, flood, difficult or increased expense in obtaining workmen materials or transport or other circumstances whatsoever outside the reasonable control of the Seller affecting the provision of the Goods or of raw materials therefore by the Seller’s normal source of supply or of the manufacture of the Goods by the Seller’s normal route or means of delivery.
- If due to Force Majeure circumstances the Seller has insufficient stock to meet all its commitments the Seller may apportion available stocks between its customers at its sole discretion.
If the Purchaser shall become bankrupt or deemed to be unable to pay its debts or compounds with creditors or in the event of a resolution being passed or proceedings commenced for the administration or liquidation of the Purchaser or if a Receiver or Manager is appointed of all or any part of its assets or undertaking the Seller shall be entitled to cancel the Contract in whole or in part by notice in writing without prejudice to any right or remedy accrued or accuring to the Seller.
13. FINAL PROOF DISCLOSURE
The Purchaser is responsible for the final approval of all work done before goods are ordered. The Seller will not take responsibility for any errors in artwork, measurements or recommendation. Any oversights that require the goods to be re-ordered will be done at the expense of the Purchaser.
All design work carried out by the Seller on the understanding that the client has agreed to abide by the Seller’s Terms and Conditions. Copyright of all graphic design work is retained by the Seller including copy, concepts, ideas, proofs and illustrations (unless specifically realised in writing) until after all invoices have been settled.
Fees for design services to be provided by the Seller will be set out in the written estimate or quotation that is provided to the Purchaser.
15. COPYRIGHTS AND TRADEMARKS
- By supplying text, images and other data to the Seller for inclusion in the Purchaser’s brochure or other medium, the Purchaser declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Purchaser or rightful copyright or trademark owner.
- The Purchaser may request in writing from the Seller the necessary permission to use materials (for which the Seller holds the copyright) in forma other than for which it was originally supplied and the Seller may at it’s discretion grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, texts or other data to be used. The Seller reserves the right to charge fees for additional usage.
- All design work where there is a risk that another party may make a claim should be registered by the Purchaser with the appropriate authorities prior to the publishing or first use or searches and legal advice sought as to its use. The Seller will not be held responsible for any and all damages resulting from such claims.
Cancellation of orders may be made initially by telephone contact or email. Following this the Seller will need formal notification in writing to the company’s postal address. The Purchaser will then be invoiced for all work completed to that date. Please note that any cancellation which is not formally confirmed in writing and received by the Seller within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Any design, copywriting, drawing, idea or code created for the Purchaser by the Seller or any of its contractors is licensed for use by the Purchaser on a one-time only basis and may not be modified, re-used or re-distributed in any way or form without the express written consent of the Seller and any of its relevant sub-contractors.