Euro Signs & Graphics - Terms and conditions

TERMS & CONDITIONS

DEFINITIONS

‘SELLER’ – EURO SIGNS & GRAPHICS LTD, Unit 8, Cumberland Business Park, 17, Cumberland Avenue, Park Royal London NW10 7RT.
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‘BUYER’ – Person(s) accepting the Seller’s quotation or whose order for goods and/or services is accepted by the Seller.
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‘GOODS’ – Goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
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‘CONDITIONS’ The standard terms and conditions of sale set out in this document and including any special terms and conditions agreed in writing between the Buyer and the Seller.
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‘CONTRACT’ – The contract for the purchase and sale of the Goods.
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‘WRITING’ – Includes telex, facsimile transmission, cable, e-mail and comparable means of communication.
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‘PROOF’ – The finalised design as signed and approved by the Buyer before commencement of the manufacturing process.1. BASIS OF SALE1.1 – The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, subject to these Conditions, which shall govern the contract to the exclusion of any other terms and conditions.
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1.2 – No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Seller.
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1.3 – The Seller’s employees or agents are not authorised to make any representation concerning the Goods unless confirmed by the Seller in writing.
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1.4 – Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyers own risk.
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1.5 – Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the seller.

2. ORDERS & SPECIFICATIONS

2.1 – The Buyer shall be solely responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification).
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2.2 – The description, measurements, graphical arrangement and colours for the Goods shall be those set out in the Seller’s Proof.
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2.3 – Delivery of goods is indicated by number of days from acceptance of the order by the Seller. This is in working days, and is deemed to commence from the date of receipt of a signed proof from the Buyer or date of receipt of required deposit, and is operative from whichever of the two dates is later.

3. DEPOSIT

3.1 – A 50% deposit must be paid at the time of placing an order for goods or services with a value over £45.00.
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3.2 – Any deposit paid by the Buyer is non-refundable unless the Seller is unable to complete the work as agreed.

4. PAYMENT

4.1 – Any order less than £45.00 must be paid in full at the time of placing the order unless otherwise agreed in writing.
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4.2 – Any balance due on an order is payable immediately on delivery or installation (where such installation is to be carried out by the Seller) or as agreed in writing.
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4.3 – Title of goods does not pass to the Buyer until full cleared payment is received by the Seller for the goods or services.
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4.4 – The Seller expressly reserves the right to enter the Buyer’s premises to repossess the marked goods if valid payment is not received.
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4.5 – Any unpaid balances will attract interest at a rate of 3% per month and the Seller has the right to appoint agents for the collection. In such case, the Buyer will meet all reasonable expenses of the Seller.

5. PROOF

5.1 – The Buyer will be given a proof of the work to be carried out. By signing the proof, the Buyer accepts its design, colour and layout and authorises the Seller to commence work to the specification of the proof.

6. ACCEPTANCE

6.1 – The acceptance of the Buyer, either personal or through his/her agent(s) and/or employee(s) of the work ordered shall be deemed as full acceptance.

6.2 – If the Buyer does not take possession of the goods within 30 days from notification of completion, then the goods will be considered lost or forgotten and the Seller will assume no further responsibility for them.

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7. INSTALLATION

7.1 – Installation is not included in any price unless specifically stated as being included.
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7.2 – Where by prior written agreement the Seller has been instructed to carry out installation and that work includes the connection of any signs which have electrical components the following conditions shall apply.
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7.2.1 – It is the Buyers responsibility to ensure that such a suitable source is available and that any work carried out conforms to all relevant standards.
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7.2.2 – Under no circumstances will the Seller be responsible for the internal electric configuration of the Buyers premises and for any damage whether to the sign or otherwise that results from electrical equipment, fixtures or fittings from within the Buyers premises or any such work completed by the Buyer.
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7.2.3 – The Seller will only connect the sign to a suitable connection point within two meters of the proposed location of the sign.
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7.2.4 – In certain circumstances local authority permits may be needed for a sign. It is the Buyers sole responsibility to obtain any such permits. The Seller accepts no responsibility for any signs and installations at the Buyers behest which do not meet planning requirements.

8. LIABILITY

8.1 – Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification as stated in the Proof.
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8.2 – The above warranty is given by the Seller subject to the following conditions:
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8.2.1 – The Seller shall be under no liability in respect of any defect arising from any drawing, design or specification supplied by the Buyer;
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8.2.2 – The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval;
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8.2.3 – The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
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8.2.4 – The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the warranty or guarantee as is given by the manufacturer to the Seller.
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8.2.5 – Subject as expressly provided in the Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
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8.3 – Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with Contract shall not exceed the price of the Goods, except as expressly provided in these conditions.
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8.4 – The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control.

9. INSOLVENCY OF THE BUYER

9.1 – This clause applies if:
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9.1.1 – The Buyer makes any voluntary arrangement with its creditors or (being an individual or a firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
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9.1.2 – The Buyer ceases, or threatens to cease, to carry on business; or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
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9.2 – If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any future deliveries under the Contract without liability to the Buyer, and if Goods have been delivered but not paid for enter the Buyers premises and recover such Goods.
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9.3 – The Buyer agrees to give the Seller access to recover Goods which have not been paid during normal business hours.