Telephone: 01442 236750

Email: sales@bluemolepromotional.co.uk

Terms and Conditions

TERMS & CONDITIONS OF BUSINESS

These terms and conditions apply to all quotations and orders. Confirmation of or Signature of acknowledgement of any 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.

1. PAYMENT TERMS

All initial transactions are on a pro-forma only basis. Prices quoted are net and exclude Vat. Unless otherwise agreed payment shall be made in full within 14 days of invoice date unless special settlement terms have been agreed in writing, notwithstanding that the property in the goods may have passed to the purchaser. Bespoke Goods will not be delivered until paid for in full by the customer. In the event of non-payment of any invoice within the prescribed period we reserve the right to charge interest at the rate of 2% per calendar month from the due date of payment until we receive payment in full. The customer shall also be liable for any costs or expenses, legal or otherwise, incurred by the company as a result of non-payment or delayed payment of any invoice.

2. QUOTATIONS and ORDERS

All prices quoted are net and exclude VAT at the current rate as stated on the quotation and are open for acceptance within the period stated therein. Prices are based on today’s current costs of production and in the event of increase in costs of materials to us occurring after the confirmation of order; we shall be entitled to charge such increases to you. 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 taxation, import duties, customs and excise duties or otherwise.Orders for bespoke goods will not be placed with the supplier until they are paid for in full, unless special settlement terms have been agreed in writing.

3. ARTWORK and PRINTING

On placing an order we will require you to supply the necessary pantone colours for artwork. We will match your pantone colour as closely as possible, however, we cannot guarantee 100% match and the shade of the print colour may vary slightly when printed on to different materials and surfaces.
Due to the nature of alloys and metals we cannot guarantee the colour of the engraved surface even on the same item within the same order. Print areas and item sizes are approximate and should be regarded as a guideline only. A charge may be made for any additional costs involved where the copy artwork, specifications, electronic data files or other instructions, however supplied by the customer or by any agent or representative of the customer, in respect of the order is not clear and legible or does not meet the printer’s requirements.

4. PROOFS

Proofs of all work may be submitted for customer’s approval and in that event no responsibility shall be accepted for any errors in them not corrected by the customer. Alterations and additional proofs necessitated by the customer thereby may be charged extra. When style, type or layout is left to the printer’s judgement changes thereafter made by the customer shall be charged extra.

5. PRODUCTS and SAMPLES

The seller cannot guarantee that goods ordered will be exactly the same as previously supplied. We reserve the right to alter any details or design of products illustrated in the catalogue and price list without notice and while every effort is made to describe goods accurately no warranty is given as to the accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. The colour of products featured in the catalogues may differ from the actual product and we strongly recommend that you always request a sample to verify for materials, size, true colour, etc prior to placing an order. If an order is placed without inspecting the colour of a product the customer forfeits the right to reject the order on the basis of colour difference. All samples for merchandising or clothing are chargeable unless returned in good condition within the specified time detailed on the quotation.

6. PASSING OF TITLE and RISK

The customer shall be responsible for the goods being suitable in every way for the purpose for which they are intended to use them and no warranting, condition or representation is given by the company as to the fitness of any goods for any particular purpose. All goods delivered or not remain our property until payment is received in full. In the event of non-payment by you for any goods that may have been delivered 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 and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purposes. The risk in the goods shall pass to you on delivery.

7. DELIVERY

Every effort will be made to deliver goods 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 goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery and unless specified the price quoted will be for a single delivery of the work to the customer’s address. Special rush deliveries can usually be arranged but may be subject to additional charges (e.g. rush print charges and rush delivery charges) at current commercial rates. Whilst the goods are with the contracted carriers they are subject to their terms and conditions.

8. QUANTITY VARIATION

We shall be deemed to have fulfilled our contract of delivery of a quantity within 10% plus or minus of the quantity of goods ordered and you will be charged at the contract rate for the final quantity delivered.

9. CLAIMS

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. All claims with regard to the quality or quantity of the goods shall be made in writing so as to reach us within 5 days of receipt of goods or such goods shall be deemed to comply as to quality within the terms of the contract. 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 the time of delivery. Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice.

10. LIABILITY

We cannot accept 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 9 above. 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 to you in respect of the goods shall be limited to the contract value of the goods. Where the work is reasonably considered defective, for any reason including negligence, the company’s obligation, if any, shall be limited only to rectifying such defect using whatever commercially accepted solution is deemed appropriate at their sole discretion. Nothing in these terms and conditions shall affect the right of a consumer.

11. CANCELLATION OF ORDER

A charge will be made on all cancelled orders together with the charge for all work carried out up to the date of receipt of written cancellation.

12. FORCE MAJEURE

We will not be held responsible for the failure or delay in the carrying out of our obligations under the contract arising out of 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 part without incurring any liability whatsoever to you, the customer.

13. LAW

This contract shall be governed by and construed in accordance with English law and the courts of England shall have jurisdiction to hear all disputes
arising in connection with it.

Updated: 1st April 2011.