1. The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller. These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2. The specification for the Goods shall be those set out in the Seller’s sales documentation unless varied expressly in the Buyer’s order (if accepted by the Seller). The Goods will only be supplied in the minimum units (or multiples) stated in the Seller’s price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.
3. The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
4. VAT – Business gifts will be subject to Value Added Tax at the current rate.
5. Overs and Unders – All personalised products are subject to a possible over or under run of up to 10% and will be charged for accordingly.
6. Artwork – Finished artwork unless supplied can be prepared by Pro-Ad and will be charged for.
7. Originations – All Blocks, dies and silk screen stencils etc. are chargeable.
8. Carriage – Carriage will be charged on all orders unless otherwise specified. Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the United Kingdom specified in the Buyer’s order and/or the Seller’s acceptance as the location to which the Goods are to be delivered by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.
9. Samples – Standard samples can be provided and may be charged for unless returned within a reasonable time.
9b. Non-standard specially designed samples will be charged for.
9c. Visuals and artworks produced by Pro-Ad are the property of Pro-Ad and may not be used by alternative production sources unless by prior written agreement from Pro-Ad. In such a case, design and production costs are deemed to be recoverable by Pro-Ad.
10. Exact colour reproduction of printing cannot always be guaranteed but every effort will be made to do so.
11. The Buyer is under a duty whenever possible to inspect the Goods on delivery or on collection as the case may be.
12. If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery “condition and contents unknown” the Buyer gives written notice of such defect to the Seller within three business days of such delivery.
13. No Goods may be returned to the Seller without the prior agreement in writing of the Seller. Subject thereto any Goods returned which the Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Seller’s sole discretion the Seller shall refund or credit to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer.
14. Shortfall in quantity and unacceptable goods need to be notified to Pro-Ad within two days of delivery.
15. Pro-Ad endeavour to deliver goods to customers requirements but cannot accept any responsibility for delays beyond their control.
16. Orders cancelled after 48 hours of placement may be subject to recovery of costs incurred. Written confirmation is required for all cancelled orders.
17. At the discretion of Pro-Ad, payment in full or part may be required before personalisation of goods.
18. Payment is strictly nett and due 30 days from date of invoice, unless by prior written agreement. If payment is not within this time limit, an interest charge of 2% per month of part thereof above the basic rate of major banks will be incurred.
19. Pro-Ad reserve the right to invoice out at prices ruling at date of despatch to the buyer.
20. Goods remain the property of Pro-Ad until paid in full.
21. These terms and conditions are deemed to be accepted in entirety upon placement of an order unless expressly agreed in writing otherwise.