All orders for goods accepted
by SAC Graphics (“the vendor”) are accepted subject to the following
conditions which shall form part and govern the contract of sale.
Placing an order for goods shall be deemed to be acceptance of these
conditions of sale. Any term sought to be imposed by a purchaser either
in a document or otherwise that conflicts with or adds to these
conditions is not accepted. No agent or representative of the vendor has
authority to vary these conditions unless accepted and confirmed in
writing.
1. Warranty Any information, data or advice furnished to the purchaser
shall not be deemed to form part of the Contract and the vendor can
accept no liability for any inaccuracies in such information, data or
advice (whether or not such inaccuracies result from the vendors
negligence), nor for any losses, direct or indirect, arising out of or
consequent upon or attributable to the purchasers or any third parties'
having made use of or adopted in whole or in part any such information,
data or advice given (whether negligently or otherwise) by or on behalf
of the vendor.
(a) Material Proofed Orders - Where a proof is supplied the purchaser
shall at the time the proof approval is approved be deemed to have
carried out his own investigations and/or tests of the goods and
therefore accept and acknowledges that he has not relied upon the skill
or judgment of the vendor in entering into this Contract.
(b) Where orders are produced without a proof or with an electronic
proof only, the vendor accepts no responsibility for any errors (whether
or not such inaccuracies result from the vendor’s negligence) however
caused and such an order is produced at the sole risk of the purchaser.
2. Despatch.
(a)The vendor will despatch goods on the purchasers behalf using a third
party courier at the vendors discretion, once goods are collected, the couriers terms and
conditions shall apply (terms available on request). The vendor is not
able to guarantee time or date of delivery.
(b) The purchaser shall be responsible for any additional costs incurred
when goods are not able to be delivered to the delivery address
provided.
(c) The purchaser shall be responsible for any additional costs incurred
where delivery instructions provided dictate specific details outside of
the courier’s standard terms and conditions including (without limiting
the foregoing) specific delivery time ranges, specific delivery dates,
prebooking a delivery, limitations on delivery sizes and special packing
requirements. The vendor reserves the right in these circumstances to
request collection of such orders by the purchaser (or their agent) at
the purchasers cost.
(d)The purchaser may arrange collection of goods provided this is
notified and agreed in writing at time of order.
(e)Where the purchaser does not collect or take delivery of goods when
the same are ready for collection or delivery, and the vendor has taken
reasonable steps to advise the purchaser, the Vendor shall store the
goods for a maximum period of 60 days from production date (storage
space permitting) and they will then be disposed of. The purchaser will
be liable for any storage and disposal costs.
(f) The extent of the vendors liability to the purchaser for any
delay in delivery of orders howsoever arising shall in no case exceed the
carriage fee paid and the vendor shall in no circumstances
whatsoever be liable to the purchaser in respect of any loss or claim
whether suffered by the purchaser, the purchasers agent or any purchaser of the purchaser and
whether direct, indirect, consequential, or however else arising.
Carriage refunds are at the discretion of the courier.
(g) The extent of the vendors liability to the purchaser for any delay
in dispatch of Express orders howsoever arising shall in no case exceed the
Express service fee paid and the vendor shall in no circumstances
whatsoever be liable to the purchaser in respect of any loss or claim
whether suffered by the purchaser, the purchasers agent or any purchaser of the purchaser and
whether direct, indirect, consequential, or however else arising.
3. Property and Risk For so long as any amounts remain owing from the
purchaser to the vendor (whether immediately due or not) title to the
property of the goods shall remain with the vendor and ownership will
not pass to the purchaser until the vendor has received payment in full.
In the event of the purchaser reselling the goods, if the vendor has not
received all amounts owing to it, the purchaser shall account to the
vendor for the proceeds of any such sale and meanwhile will hold all
proceeds of such sale of such goods upon trust of the vendor until the
vendor have received such amounts in full. The vendor shall have the
right to trace all proceeds. At any time after the due date for payment
from the purchaser to the vendor, and so long as such amounts have not
been received by the vendor in full, the vendor, at the purchaser’s
expense, shall have the right to enter the purchaser’s premises and
remove there from all goods which remain the property of the vendor.
4. Returned Goods
(a)The vendor will not accept goods for credit or rectification unless
such return has been authorized in writing, and the goods are received
by the vendor in stock condition, with original packaging and the vendor
retains the right at its sole discretion whether to accept the return of
the goods or whether to rectify the goods or whether to issue a credit
note in respect thereof. The vendor reserves the right to charge a
restocking fee on goods returned for credit which are not in stock
condition.
(b)The purchaser shall unless otherwise stated be responsible for the
cost of outward and return carriage and insurance of all goods returned
by the purchaser to the vendor for service or credit which goods shall
be at the risk of the purchaser until actual receipt of the goods by the
vendor. The onus of proof of safe delivery shall rest with the
purchaser.
(c)All items returned to the vendor by prearrangement and found to
contain no fault, will be subject to a 10% handling charge (minimum
charge £10).
(d)No credit shall be allowed for goods until they have been received
complete.
(e)The vendor will not accept custom printed or customized goods for
credit.
(f)The vendor will not accept goods for credit that have subsequently
been printed or customized.
5. Consequential Loss
(a)The extent of the vendor liability to the purchaser for any default
or breach whatsoever and howsoever arising shall in no case exceed the
invoice value of the goods and the vendor shall in no circumstances
whatsoever be liable to the purchaser in respect of any loss or damage
whether suffered by the purchaser or any purchaser of the purchaser and
whether direct, indirect, consequential, or however else arising.
(b) When materials are supplied by the customer, the vendor may reject
any materials supplied or specified by the customer which appear to be
unsuitable. Additional costs incurred if materials are found to be
unsuitable during production will be charged for. Where materials are so
supplied or specified, the vendor will take every care to secure the
best results. The vendor accepts no responsibility for any loss or
damage to supplied materials (whether or not such damage or loss results
from the vendor’s negligence), such an order is produced at the sole
risk of the purchaser, no claims for loss or damage under these
circumstances will be accepted.
Quantities of materials supplied shall be adequate to cover normal
spoilage.
6. Availability of Goods.
(a)The vendor will use its best endeavours to comply with the date named
for dispatch which date is given and intended as estimate only and is
not to be the essence of the contract.
(b)The vendor’s acceptance of Express Orders is subject to written
confirmation of acceptance following proof approval and payment.
(c)Express service orders, if owing to non-availability of the goods,
materials or any other causes, the vendor shall be unable to effect
dispatch at the specified time, the total extent of our liability will
be to refund the express service charges only, no other claims will be
accepted in this regard.
(d) Force Majeure. The vendor shall be under no liability if unable to
carry out any provision of the contract for any reason beyond his
control including (without limiting the foregoing) Act of God,
legislation, war, fire, flood, drought, failure of power supply,
lock-out, strike or other action taken by employees in contemplation or
furtherance of a dispute or owing to any inability to procure materials
required for the performance of the contract. During the continuance of
such a contingency the customer may by written notice to the printer
elect to terminate the contract and pay for work done and materials
used, but subject thereto shall otherwise accept delivery when
available.
7. Payment and Price
(a)No work will be undertaken by the vendor until the purchaser has
completed an order form or supplied a valid purchase order.
(b)Payment for all goods and services is due prior to scheduling for
production (Except in the case of customers with an approved credit
account).
(c) Credit Accounts.
(i) The vendor shall, following the completion of two orders paid on a
pro-forma basis, grant the facility of a credit account on receiving
three satisfactory trade references, bank details and purchaser details.
No goods shall be supplied on account until this application has been
duly authorized. The vendor reserves the right to withdraw this facility
without explanation at any time.
(ii) Payment is due on the 30th day following the date of invoice. No
variation to these terms will be accepted unless confirmed in writing by
the vendor.
(iii) The purchaser warrants that it is not at the time of entering into
this agreement insolvent and knows of no circumstances which would
entitle any creditor to appoint a receiver or to petition for winding up
or to exercise any other rights over or against its assets.
(iv)If accounts remain unsettled after 30 days the supply of goods and
services will be suspended until payment is received in full. Accounts
with money remaining outstanding after 60 days will be withdrawn.
(d)All proofs (and any other work carried out prior to approval) that
are chargeable, must be paid for in full within 30 days of receipt,
regardless of the order status.
(e)The vendor reserves the right to vary the quoted price for the goods
by upward additions in accordance with market conditions at the date of
dispatch and the purchaser shall pay such additions in addition to the
quoted price. Price Lists do not constitute an offer.
(f)All overdue accounts will be charged, on a daily basis, commercial
interest at 5% above the base rate of Nat West Bank plc pertaining at
the time.
(g)All online orders must be paid for by credit/debit card at time of
order.
(h)Online prices and offers may only be available online and may vary
from those published elsewhere.
(I)All prices exclude Artwork, Setup, VAT and carriage, unless otherwise
stated.
(J)Minimum offline invoice value £10.00 exc VAT.
8. Design Variation Whilst the vendor makes
every effort to ensure that goods supplied correspond to in every
respect with the sample, specification or description provided as the
case may be, the vendor is not responsible for the minor variations in
specification, in colour or other design features, and no such minor
variation shall entitle the purchaser to rescind the contract or shall
be the subject of any claim against the vendor by the purchaser. The
vendor reserves the right to alter, resize or rescale artwork supplied
by the purchaser or the purchasers agent that is not at the correct
size, proportion or ratio to fit the product or products ordered or to
alter, resize or rescale products supplied to fit the specifications
supplied by the purchaser or the purchasers agent. These alterations
shall be at the sole discretion of the vendor and no such alterations
shall entitle the purchaser to rescind the contract or shall be the
subject of any claim against the vendor by the purchaser.
9. Claims
(a)The purchaser shall inspect the goods immediately on delivery and
shall within 72 hours of such delivery (time to be of the essence) give
notice in writing to the vendor of any claim for shortage, damage or
non-functionality. Any delivery book or note marked "NOT EXAMINED" will
not prevent the operation of this sub-clause nor constitute notice in
writing within its terms.
(b)No liability for any claim for missing items shall be accepted unless
the vendor is notified in writing by the purchaser within 72 hours of
delivery.
(c)No liability for any claim will be accepted in the case of goods
differing in quantity or descriptions from the particulars given on the
delivery note unless the vendor is notified in writing by the purchaser
within 72 hours of delivery and the onus is on the purchaser to prove
any shortage.
(d)In the case of manufacturers who operate direct product support and
returns procedures, the purchaser accepts an obligation to process their
claim directly through the manufacturer.
10. Guarantee The purchaser shall, unless otherwise stated in writing,
be responsible for all carriage, telephone, postal and other incidental
charges incurred during the guarantee period.
11. Size, Weights etc
(a) All sizes stated are nominal and are subject to dimensional
tolerances in accordance with appropriate B.S.S.
(b) The vendor may deliver to the purchaser an excess and/or deficiency
of up to 10 per cent of weight or volume agreed to be delivered without
any liability to the purchaser whatsoever save that the price payable by
the purchaser shall be adjusted accordingly.
12. Patents and Trademarks No representation is made or warranty given
that any goods supplied do not infringe any letters patent, trademarks,
registered designs or other similar industrial rights.
The vendor shall not be required to print any matter which in his
opinion is or may be of an illegal or libellous nature or an infringement
of the proprietary or other rights of any third party. The vendor shall
be indemnified by the customer in respect of any claims, cost and
expenses arising out of any libellous matter or any infringement of
copyright, patent, design or of any other proprietary or personal rights
contained in any material printed for the purchaser. The indemnity shall
extend to any amounts paid on a lawyer's advice in settlement of any
claim.
13. Use of products for marketing The vender reserves the right to use
products and images of products produced for its own advertising and
sampling purposes unless advised in writing by the purchaser to the
contrary.
14. Law
(a)If any part of these terms and conditions shall be found to be
unlawful it shall not affect the validity or enforceability of the
remainder of the conditions.
(b)This contract is and shall be deemed to have been made in England and
shall in all respects be governed by English Law
15. Payment SAC Graphics accepts payment as follows:
Online Only
We accept Visa, Mastercard, UK Maestro and Solo.
Offline
We accept Visa, Mastercard, UK Maestro.
Surcharges for credit cards are not normally made but we reserve the
right to do so, on certain orders. There is never a surcharge for
Switch/Delta and other debit cards.
Postal/Money Order Only UK Sterling Postal Orders accepted. Please cross
the order with the words A/C PAYEE ONLY.
Cheques
Orders paid by cheque, will not be dispatched until the cheque
has cleared. Foreign cheques must be drawn on a UK bank in Sterling,
otherwise further charges may be made.
Bank Transfer We can accept CHAPS and BACS transfers. Our bank is Nat
West Bank PLC, 53 Market Street, Kingswinford, West Midlands DY6 9LD.
Sort Code 60-12-49. Account number 65831241. Account name SAC GRAPHICS.
Please quote your order No on all transfers and notify the vendor that
payment has been made.
Terms & Conditions updated January 2009