TERMS AND CONDITIONS
FLUID BRANDING LTD 5867605 - MERCHANDISE PARTNER
1. GENERAL
These terms and conditions apply to all orders placed with Fluid Branding Ltd, either directly or indirectly via Website Portals. Receipt of order confirmation from you, constitutes your acceptance that our conditions apply to the contract notwithstanding any purported terms put forward by you.
2. PAYMENT TERMS
Payment is required before any order is processed unless credit facilities have been approved with us in advance of the order. Payment on pre-approved credit accounts shall be made in full within 30 days of invoice. These terms apply unless special settlement terms have been agreed by us in writing. Credit facilities may be withdrawn without notice.
3. DISCOUNT
Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the rights to invoice any such discounts to accounts, which become overdue.
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 in full 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 by you 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 and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purposes.
5. PRODUCTS & PRICES
We reserve the right to alter any prices or detail or design of products illustrated without notice and while every effort is made to describe goods accurately in the catalogues & website no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. Where applicable all prices quoted are subject to V.A.T at the current rate.
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 today's current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you. All quoted prices are subject to site of artwork and stock availability. E & OE.
7. DELIVERY - UK AND INTERNATIONAL
7.1 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 dates of such delivery. 7.2 Special express deliveries can usually be arranged but will usually be subject to additional charges (e.g. Express print charges and Express delivery charges) which will be charged to you at current quoted rates. 7.3 Available product lines, shipping rates and fees may vary depending on the delivery address for your order. 7.4 You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Fluid Branding, the recipient is the importer of record and must comply with all laws and regulations of the destination country. 7.5 Orders that are shipped to countries outside of the United Kingdom may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. 7.6 Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. 7.7 The payment of import fees is the responsibility of the importer and is levied based on the laws of the country into which the products are being shipped. 7.8 When orders shipped internationally reach the destination country, they may be subject to customs clearance procedures which can cause delays beyond original delivery estimates. Fluid Branding cannot be held responsible for any delays caused due to the reason.
8. QUANTITY VARIATION
We shall be deemed to have fulfilled our contract by delivery of a quantity within 10% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
9. CLAIMS
9.1 Claims arising from damages or partial loss in transit must be made in writing to us, so as to reach us within 14 (fourteen) days of delivery. 9.2 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach is with 14 (fourteen) days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of contract. 9.3 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 in the delivery note at the time of delivery. For shipping and returns, please consult the Shipping and Returns Policy available on our website.
10. LIABILITY
10.1 Save in so far as defects in the goods cause to 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 good. 10.2 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 9. 10.3 Nothing in these terms and conditions shall affect the statutory rights of the consumer.
11. CANCELLATION CHARGES
A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of written cancellation.
12. SAMPLES
Random samples will be submitted on approval and will be charged if not returned in good condition within 30 (thirty) days of receipt.
13. OVERDUE ACCOUNTS
13.1 No goods will be delivered on accounts which remain unpaid 14 days after payment is due. Invoices not paid by the due date may be charged interest at 2% per month calculated on a daily basis until payment has received and cleared into our bank account. 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. 13.2 We reserve the right to charge you for any legal collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
14 QUANTITY CHANGES TO ORDER
Any change in the quantity of an order must be made in writing to us prior to commencement of processing. Any increase 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
15.1 All artwork and printing charges will be levied where necessary unless previously stipulated by us. 15.2 Where applicable the prices shown include printing one colour one position from camera ready artwork supplied. For additional positions or colours of printing please phone to obtain an exact quotation. The standard printing colours are detailed in the current brochure.
16. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising or any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
17. MONITORING OF TELEPHONE CALLS
For security and training purposes telephone calls may be recorded.