Warranties and Liability
- Save as expressly provided in the Conditions all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- The Company reserves the right to modify, amend or add any information and conditions to any of its brochures or information contained in its brochures or other documentation including price lists drawings illustrations and measurements.
- Whilst every effort is made to ensure the accuracy of the description of Goods or other information provided by the Company in its sales literature or any other documents, no warranty is given and no liability will be accepted by The Company for losses resulting from any mis-description omission typographical error or any other error of whatever nature in its sales literature or other documentation and The Company may correct such errors without any liability on its part.
- All advice and recommendations given by or on behalf of the Company to the Customer as to the type or quantity of Goods to be ordered are given without liability on the part of the Company.
- The Company shall not be liable to the Customer for any indirect, special incidental economic or consequential loss including without limitation loss of profits loss of revenue loss of goodwill and loss of contracts whether caused by the negligence of the Company or otherwise that arise out of or in connection with the supply of the Goods.
- In the event that any exclusion contained in the Contract shall be held to be invalid for any reason and the Company becomes liable for loss or damage that may not lawfully be limited, the Company’s liability shall be limited to the replacement or repair of the relevant Goods, or to a refund of the price for the Goods (or a proportionate part of the price) at the Company’s sole discretion. In no circumstances shall the Company’s liability to the Customer exceed the amount paid by the Customer in respect of the relevant Goods.
- Nothing in this Contract shall limit or exclude the Company’s liability in respect of death or personal injury caused by the negligence of the Company.
- You may be required to pay in advance for your first order on receipt of a pro-forma invoice. For future orders providing a credit account has been established, strict 30 days payment terms will apply.
- Any discounts that may be offered are on the strict understanding that payment will be received by the due date. If payment is not received by the due date The Company reserves the right to invoice for the difference between the standard rate and the discounted rate offered.
- Where the customer fails to pay the company with the agreed terms, and where the company provides ecommerce solutions, the company reserves the right to switch off ecommerce stores, reset pass words, or in other ways, remove access to these ecommerce systems until payment is made. Where the customer has agreed to a monthly fee for the provision of an ecommerce solution, this fee will still be due for any or all of the time the store is inaccessible by the customer as a result of non payment.
- The Company reserves the right to charge for any legal or collection charges incurred by using a third party or court proceedings to collect outstanding monies.
All sums due to The Company from the Customer within the terms of the Contract shall be paid without any set-off or counterclaim.
- If payment remains outstanding after the due date the Company may withhold further deliveries of the Goods under this or under any other contract between the Company and the Customer, and/or:
a) charge the Customer interest on outstanding sums at the rate of 10% per annum above the Bank of England base lending rate from the due date until payment in full is received in cleared funds; and/or
b) terminate the Contract in whole or in part and seek to recover damages for breach of contract, and/or
c) raise a late payment fee to cover additional administration costs in chasing payments. This fee is fixed at £25 per invoice, per complete month the payment is overdue.
- Should the Customer be unable to pay its debts as they fall due be placed in liquidation (other than for the reasons of restructuring) be wound up by the courts or come to an arrangement with its creditors then:-
a) if the Goods have been delivered but not paid for the invoice for the Goods shall
become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary;
b) the Customer’s right to keep the Goods shall cease and the goods are to be made available for immediate collection; and
c) The Company shall have the right to determine any contract or suspend any further deliveries within the terms of the contract with the Customer without liability to the Customer as well as retaining the right to recover any money due for damages resulting from breach of contract.
d) The Company shall have the right to report non payment by the customer to relevant credit agencies.
- Nothing in these Conditions shall be construed as assigning to the Customer or granting the Customer any interest in any intellectual property rights in the Goods and the Customer shall not at any time in any way question or dispute the ownership by the Company or any other party of the intellectual property rights in the Goods.
(which term for the purposes of these Conditions means marketing material, data, text, audio files, video files, graphics, software, trademarks, trade names and other materials to be provided by the Customer to enable the Company to supply the relevant Goods)
- The Customer warrants to the Company that any and all rights in the Customer Content belong to the Customer and that the use of the Customer Content in the supply of the Goods will not infringe the intellectual property rights of any other party. The Customer agrees to indemnify and keep the Company indemnified against any liability which it suffers as a result of the breach of this clause.