Terms and Conditions for the supply of Goods and Services

 

1.Definitions
1.1 “Contract” means the contract for the sale and purchase of the goods.
1.2 “Customer Material” means any documents, plans, drawings, specifications, logos, details, artwork, pictures or any other records of information in any form provided by You to Us in connection with the goods.
1.3 “Delivery” means when goods arrive with You.
1.4 “Dispatch” means when goods leave Us.
1.5 “In writing” means communication by letter, fax or email providing that it is in conformance with these Terms.
1.6 “Order Confirmation” means a written confirmation of Acceptance of Your order by Us sent to You by email, fax or letter.
1.7 “Parties” means You and Us.
1.8.”Quotation” means a formal written quotation describing the specification of the goods to be supplied by Us
1.9 “Terms” are these Terms and Conditions of sale
1.10 “Us” or “Our” or “We” are TS Business Cards & Labels our registered office is 36 Arran Ave, Blackburn Lancashire England BB1 2EU. Our telephone number is +44/07913120398 and our company email is tsbusinesscardslabels@gmail.com

1.11 “You” or “your” is you, the customer, the purchaser of our goods and services contracting with Us.
 

2. General Terms & Conditions
2.1 Please read these Terms carefully as these Terms tell You the rights and obligations You have and shall govern the Contract between the Parties to the entire exclusion of any other express or implied conditions including any terms or conditions which You may purport to apply under any purchase order, confirmation of order or similar document. Acceptance by Us of any order is Conditional on You accepting that the contract will be governed solely by these Terms. In particular, it is agreed that any Purchase Order or similar document from You relating to Our quotation is intended to accept these Terms and the Quotation, but is otherwise for Your own administrative purposes only.
2.2 These Terms and the Quotation embody the entire understanding of the Parties and supersede any prior promises representations, undertakings and understandings between the Parties and may only be modified by a variation in writing signed on behalf of Us by one of Our Company Directors and no other action on the part of Us (whether delivery of the goods or otherwise) shall be construed as an acceptance of any other condition.
2.3 You may have other rights granted by law including statutory rights and these Terms do not affect these.
2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, order confirmation or other document or information issued by Us shall be subject to correction without any liability on the part of Us.
2.5 Communication by telephone, verbal instruction, or email is legally binding providing that it is in conformance with these Terms.
2.6 The opening or receipt of any documentation by You referring to our Terms and Conditions indicates an acceptance of and agreement to them unless otherwise expressly rejected or disputed by You and with direct reference to the offending clause or term.

 

3.Secrets and Intellectual Property Rights
3.1 The Parties will keep any confidential information disclosed by the other secret and will not use or take advantage of it without the other’s agreement. This does not apply to information known to the receiver before it was disclosed in connection with a contract, or which becomes public knowledge without the fault of the receiver.
3.2 Intellectual Property Rights in any documents, correspondence, software or goods originating from Us are and remain Our property.

3.3 We may use your product for advertisement purposes, If you are not happy for us to do so please quote during ordering.  We will not disclose any information that has not been provided to us to be used on a product specific for public use.

 

 

4. Your Obligations
4.1 You warrant that:
4.1.1 You are solely responsible for satisfying Yourself as to the suitability of the goods for any particular purpose and You rely solely on Your own skill and judgment and not Our skill and judgment in determining such suitability.
4.1.2 The individual who is placing the order on behalf of You is authorised by Your company to do so.
4.1.3 All material instruction or advice submitted by You or by any third party on behalf of You in relation to the goods at any time is accurate and suitable for use;
4.1.4 You shall at Your own expense:
4.1.4.1 give Us any necessary Material such as logos, information and images within a sufficient time to enable Us to perform the Contract in accordance with these Terms and the Order Confirmation.

4.1.4.2 ensure all information including email addresses, telephone numbers etc are correct at the time or submitting your order.

4.1.5 the material will not be defamatory or illegal; and
4.1.6 the material will not infringe the intellectual property rights of any third party and that You have obtained all necessary consents to enable the material to be used as contemplated in the order placed.
4.2 You shall indemnify Us against any loss, costs (including legal fees and VAT thereon), damages, claims, charges and expenses incurred by Us as a result of:
4.2.1 any breach by You of the warranties set out in these Terms;
4.2.2 the inaccuracy of the material, instructions, information or advice;
4.2.3 failure to supply the same within a sufficient time to enable Us to perform the contract to produce the goods in accordance with its terms;
4.2.4 any claim by a third party against Us for an infringement of any intellectual property rights of any other person or organisation which results from the Our use of Your specification or the Customer Material.

 

5. Prices
5.1 All works will not begin on your order unless payment is completed, unless a credit agreement has been reached.
5.2 Additional costs due because orders exported from the United Kingdom are subject to import duty or license in Your own country or the country of delivery are Your responsibility.
5.3 Delivery charges are deemed to be acceptable by the action of You placing an order.
5.4 Invoices paid by credit card may incur a processing fee which You agree is acceptable.
5.5 You shall pay Us the charges stated in Our quotation and any other charges which are agreed between Us and You for the provision of the goods, or other reasonable charges which, at Our sole discretion are required, including but without limitation as a result of:-
5.5.1 urgent projects necessitating the postponement of other work and performance of overtime work;
5.5.2 origination of artwork to be produced by Us;
5.5.3 significant increase in the costs of labour, materials, exchange rates, supply, transport, or other costs of design and/or manufacture in the time period between the order being accepted and manufacture commencing;
5.5.4 any change in delivery dates requested by You;
5.5.5 any change in designs, quantities or specifications for the goods which is requested by You;
5.5.6 any delay caused by any instructions from You or Your failure to give Us adequate information or instructions;
5.5.7 unexpected or unforeseen complications arising from the specification of the goods;
5.5.8 the inaccuracy of any Customer Material including where the Customer Material is not of sufficient quality to enable Us to produce the Goods in accordance with the Quotation; or
5.5.9 any other cause attributable to You.

 

6. Ordering
6.1 Any quotation or estimate given by Us is given subject to these Terms and does not constitute an offer to supply You and merely serves as an invitation for You to place an order.
6.2 Quotations and specifications for the goods are provided by Us in good faith based on the information provided by You to Us.
6.3 No order submitted by You shall be deemed to be accepted by Us until We accept Your order by communicating to You an order confirmation accepting your order (“Order Confirmation”) or We commence the manufacture of Your goods or We place an order with any of our suppliers for materials or tooling specifically related to Your order, whatever is the earlier. For the avoidance of doubt the commencement of preparatory work by Us shall not be construed as the Contract being made or an order being accepted.
6.4 Subject to any specification issued by You and referred to in the Order Confirmation or Quotation and accepted by Us, We shall be entitled to exercise control as to the method of the performance of the Services or production or supply of the goods We may at our sole and absolute discretion refuse to use or reproduce any Material which We deem to be offensive, inappropriate, libellous or consider may infringe the intellectual property rights or other rights of a third party.
6.5 If You discover You have made a mistake with Your order You must inform Us immediately. No order which has been accepted by Us may be cancelled or varied in any way by You except alterations made during the preview period. 

6.7 You may not cancel your order 24 hours after the order has been accepted.

6.8 If You cancel Your order after it has been accepted by Us, and within the first 24 hours We reserve the right to deduct an administration charge of up to 35% of the total value of the order from any refund due. This is in addition to any deductions made as a result of costs incurred by Us.

 

7. Payment
7.1 All accounts are payable in advance and are due on the day You place the order and before the commencement of manufacture, unless otherwise agreed by Us.
7.2 Unless agreed by Us in writing We may invoice You at any time after the goods are available for Dispatch to You.
7.3 Unless agreed by Us in writing You shall pay all of Our invoices without any reduction, deduction or set-off in pounds sterling.
7.4 In so far as payment of Our invoices is concerned, time is of the essence.
7.5 You must not make payment in cash or in any other way to a delivery driver or any other third party outside the normal banking system who is not one of Our Employees and You accept that We will not accept that any such payments discharge Your liabilities to pay Us in this manner.
7.6 We may suspend any work and/or withhold any deliveries of goods due to be made if full payment has not been made or you alter your order which results in the final amount being more than the original quotation.
7.7 You will indemnify Us against all loss, damage, costs and expenses (including legal expenses on the indemnity basis) incurred by us in connection with Your non-payment of any sum due.
 

8. Dispatch and Delivery
8.1 Any dates quoted for delivery of the goods are approximate only and shall be subject to You and/or any relevant third parties acting on behalf of You performing all necessary acts and/or supplying all necessary Material and information in due time to enable the order to be executed and the goods delivered.
8.2 We shall not be liable for any delay in delivery of the goods if there has been a delay in acceptance of previews.  If the delay is over 24 hours we will assume acceptance and continue with the prints to avoid further delays.
8.3 The goods may be delivered by Us in advance of the quoted delivery date.
8.4 We reserve the right to make part deliveries by delivering the goods in more than one delivery.
8.5 Without prejudice to the generality of the foregoing, the delivery date for the goods may be varied with the consent of both You and Us.
8.6 You acknowledge that it is Your responsibility to check all deliveries before signing for them, and that We are entitled to treat Your signature (or that of your agent) as conclusive proof that all such goods as are signed for have been delivered.
8.7 You shall be deemed to have accepted the goods upon delivery.
8.8 Where goods are exported from the United Kingdom then INCOTERMS (current edition) shall apply to the Contract where specified in Our quotation or other order documentation.

 

10. Risk
10.1 Risk in any goods shall pass to You upon dispatch from Us. For the avoidance of doubt, Risk in any goods during carriage including damage or a partial or full loss of goods in transit is Yours and We advise You to insure against this Risk.

 

 

11. Our Warranties and Liability

11.1 In relation to the production of the goods by Us, You hereby agree and acknowledge that:
11.2.1 all goods we supply are of satisfactory quality.
11.2.2 all drawings, weights, dimensions, descriptions and illustrations contained in any sales literature, artwork approval or quotation are approximate only
11.2.3 the finished goods are a mechanical representation of the original or intended design and will not be an exact match of the relevant Material;
11.2.4 We do not guarantee to match any artwork or design (which for the avoidance of forms part of the material) whether supplied as an electronic file in any form or by reproducing finished goods supplied by You to Us from any source; and
11.2.5 any colours and designs visualised on a computer screen may vary slightly according to the hardware and software used to design, modify or display the design, and accordingly, the goods supplied by Us are mechanical representations of such visualisation.
11.2.6 We manufacturer goods using laser and inkjet printing techniques and We are not a lithographic printer and consequently will not be able to supply work to the quality possible from an offset or lithographic printer.
11.2.7 You have gone to reasonable lengths to satisfy Yourselves that You do not require lithographic quality printing of Your goods.
11.2.8 You are satisfied with the quality of the proposed printing method used in the manufacture of the Goods eg by inspecting samples of goods We have produced for other customers that We will supply You free of charge on request prior to placing Your order.
11.2.9 We can not attempt to colour match goods with other printed material in Your possession to Your satisfaction unless We are notified in advance of artwork approval and manufacture of a colour match expectation, and a hard copy of the printed image to which We are requested to match the goods is supplied in advance of artwork approval and manufacture of a colour match expectation.
11.3 We warrant that the goods will correspond with their specification at the time of dispatch and for a period of 12 months from dispatch subject to the following conditions:
11.3.1 We shall be under no liability to You for any loss, damage, costs, expenses or other claims:-
11.3.1.1 in respect of any defect in the goods arising from in any way any instructions, advice, Material (including but without limitation the quality, type and other details) or other information supplied by You or by any third party on behalf of You which is incomplete, inaccurate, illegible, out of date, out of sequence or in the wrong form, or arising from their non-arrival or any other fault of You;
11.3.1.2 in respect of any defect arising from wilful damage, negligence, failure to follow Our instructions (whether oral or in Writing), misuse of the goods (including use at abnormally high or low temperatures, excessive exposure to daylight, application to surfaces that are not smooth, clean and dry) or alteration of the goods without Our approval;
11.3.1.3 if the total price for the goods has not been paid by the due date for payment;
11.3.2 A claim by You which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by You) be notified to Us within 3 days from the date of delivery or where the defect or failure was not apparent on reasonable inspection within 1 week from the date of delivery. If You do not notify Us accordingly, You shall not be entitled to reject the goods and We shall have no liability for such defect or failure, and You shall be bound to pay the price as if the goods had been delivered and performed in accordance with the Contract.
11.4 Where a valid claim in respect of any of the goods which is based on a defect in the quality or condition of the goods or their failure to meet specification is notified to Us in accordance with the time limits specified in these Terms, We may at our sole discretion:
11.4.1 replace and/or modify the goods free of charge; or
11.4.2 refund You the price of the goods (or a proportionate part of the price); or
11.4.3 allow You a rebate on the amount invoiced equal to the price of the goods (or a proportionate part of the price)
11.4.4 in which case We shall have no further liability to You.