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TERMS & CONDITIONS
APPLICATION OF CONDITIONS
Goods are supplied to the buyer subject to these terms and conditions alone. No variations of them will apply unless expressly agreed by both parties in writing and signed on their behalf. The reference seller in these conditions relates to salutations and reference to the buyer relates to the customer ordering goods from salutations.
QUANTITY & PRICE
The seller reserves the right to vary any price advertised in the seller’s catalogues or elsewhere as occasion demands, and the goods are supplied at the price prevailing as at the date of acceptance by the seller of any order placed by the buyer. All prices are subject to VAT, except where otherwise stated.
QUOTATIONS & CONTRACTS
All orders are subject to a signed confirmation of order and where applicable a paper proof for approval. These will form the basis for production and it is the responsibility of the buyer to read these and to notify the seller of any changes, mistakes or omissions before signing. After paper proof approval, the seller cannot accept changes or be responsible for any mistakes or omissions.
DELIVERY
Unless specifically agreed in writing by the seller, the date of any delivery notified by the seller to the buyer is an estimate only and the seller shall not be liable for the consequences of any delay in fulfilling the buyer’s order. Goods are delivered by carriers, which the seller has no control over and therefore the seller shall not be liable for the consequences of any delay in transit. In the event of goods ordered and subsequently returned for any reason the seller reserves the right to effect a handling charge.
LOSS OR DAMAGE IN TRANSIT
The seller will replace goods which fail to arrive or which arrive in a damaged condition. Due to the seller being bound by carriers terms, claims for non-delivery of all or part of the consignment must be notified in writing within 48 hours of delivery, to both the carrier and the seller, with a note to the effect being made on the carrier’s delivery docket. Goods and packaging material are to be retained for inspection purposes. Failing to do this will result in any such claim not being entertained by the seller.
DISCREPENCY
The buyer will inspect the goods upon arrival and failure of goods to comply with contract terms, on grounds of quality, quantity or on the grounds that the wrong goods have been supplied, details must be notified to the seller within 5 days of receipt of the goods. Any special offers advertised can be withdrawn by Salutations Limited at any time without any notification. If any offer is withdrawn, suitable discount will be offered which will be decided by Salutations Limited.
DEFECTIVE GOODS AND CONSEQUENTIAL LOSS
The seller guarantees that the goods are free from defects and are of merchantable quality, but it is for the buyer to satisfy himself that the goods are fit and suitable for the purpose for which he requires them. Defects in goods delivered shall not be grounds for the cancellation by the buyer of the remainder of any order or contract. It is expressly agreed and understood by the buyer that the seller’s liability in respect of defective or otherwise unmerchantable goods shall under no circumstances extend beyond the price paid for such goods. In particular the seller shall not be liable for any damage to property, nor any consequential loss of whatsoever nature, however caused, arising out of any description or representation, or form their unsuitability for any purpose. If the buyer alleges that the goods supplied are defective, then the buyer will return them, carriage paid, to the seller’s premises. If, after examination by the seller, it is established that the goods are defective then the seller will refund to the buyer the cost of the carriage, and replace the goods or at the buyer’s absolute discretion refund their purchase price.
SPECIFICATION
Goods described in the seller’s catalogues or elsewhere are subject to a continuing process of technical change and development and the seller therefore reserves the right to later specifications without notice at any time before delivery. It is therefore agreed by the buyer that the goods supplied may not comply in all respects with the description in the seller’s catalogue or elsewhere. This is also applicable in the event that a sample of the goods has been sent and inspected by the buyer, prior to purchase. Where the buyer has specified that the goods be of a certain colour or size, such specifications shall be subject to reasonable commercial variation.
CANCELLATION
If the buyer cancels an order at any time after the date of acceptance by the seller, then the buyer shall reimburse the seller any costs and expenses incurred by the seller in connection with that order, i.e. artwork preparation, blocking die, screen, set-up, carriage.
PASSING OF TITLE
Although goods supplied by the seller to the buyer shall be at the buyers risk immediately on delivery to the buyer, the legal ownership in the goods shall not pass from the seller to the buyer until they have been paid for in full. Until property in the goods passes from the seller to the buyer as aforesaid, the buyer will not own the goods. Where goods are supplied under a contract order with delivery in instalments over an extended period, then the order is to be regarded as a whole. The property in none of the goods passes until all the goods in the subject of the contract order, have been paid for in full.
PAYMENT
Payments are to be made in Pounds Sterling only, without any deduction unless a credit note has been issued. Payment must be either with the order, if the buyer does not have a credit account, or within 7 days from the date of the invoice if the buyer has a credit account. The seller will levy interest on overdue outstanding sum at 4% over the current, standard bank base rate. Over-payments will only be refunded in the form of credit on a future order(s) placed by the buyer.
APPLICABLE LAW
All orders placed with salutations, are deemed to be subject to the conditions above and the contract shall be interpreted according to the Law of England. The buyer hereby accepts the jurisdiction of such courts, whether in England or elsewhere, as the seller may nominate for the purpose of trying any action arising out of this contract.
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SALUTATIONS LTD., P.O Box 985, Slough, Berkshire SL3 7XD
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