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Terms & Conditions

Phase Four Ltd – Conditions of Sale. 

  1. General Acceptance: All orders are accepted on these Conditions of Sale only. Any order received by us from any customer who has previously seen or received these Conditions will be understood as indicating an intention to order goods on these Conditions notwithstanding any statement to the contrary. Any documentation or communication received from any customer whatsoever in the course of an order will have effect only in so far as it refers to terms and conditions which are particular to that order and which are not at variance with these Conditions except where we agree in writing to alter or vary any of these individual Conditions. Delivery or any other act of part performance by us shall be deemed to constitute our intention to enter into our performance of a contract on these Conditions only and shall not be deemed to constitute acceptance by us of any other terms or conditions notwithstanding any previous course of dealing. Acceptance of the goods by the customer shall be deemed to constitute assent by the customer to these Conditions. Any price quoted for goods or work is given on the understanding that these Conditions and no others govern our rights and obligations. Our servants and agents have no authority to make oral representations whatever to vary any of these Conditions and we shall not be bound by any such representation or purported variation unless agreed in writing.

  1. Substitution: These Conditions shall override and supersede any terms and conditions of purchase of the customer purported to be incorporated either expressly or implied into the Contract.

  1. Price Variation: All quotations are given subject to sight of artwork. We reserve the right to amend quotations on or at any time after receipt of artwork. All prices shall be subject to Value Added Tax at the prevailing rate where applicable.

  1. Terms: Payment of the purchase price for all goods supplied to be supplied without any deduction or set-off is due is due on approved by us in writing, within 30 days from the date of the invoice or as may have otherwise been agreed in writing. We reserve the right to charge interest on any overdue amount at the rate of 2% per month such interest accruing on a daily basis from the day following that on which the amount became due. Should extended payment terms be agreed we reserve the right to charge interest on the period of extension at a rate equivalent to 2% per month. Should work be suspended at the request of or delayed through any fault of or omission by the customer we shall be entitled to payment for any work carried out, materials used and any additional costs, including storage, which may have incurred.

  1. Time of the Essence: Whilst we make every effort to adhere to agreed delivery dates time shall not be deemed to be the essence of the contract and so far as any such dates are concerned we will be under no liability whatsoever by reason of delayed deliveries except where we have previously agreed to be so bound in writing.

  1. Instalments: Where we have agreed to deliver by instalments then, so far as concerns the customer, each instalment shall be treated as if it were a separate contract so that any alleged delay in delivery or alleged breach of contract by us with reference to any particular instalment of goods which have been delivered will not entitle the customer to cancel any delivery instalments which have yet to be delivered.

  1. Non-delivery / Shortages: No responsibility will be accepted in respect of non-delivery of goods unless the customer notifies both us and the carriers in writing within 7 days of despatch. If consignments are delivered damaged or in the case of partial deliveries they must be signed for accordingly and written notification sent both to us and the carriers within 3 days of delivery. Except as aforesaid we shall accept no liability for non-receipt, partial delivery or damaged goods.

  1. Development Work / Proofs / Samples: We reserve the right to charge for all work carried out by ourselves whether experimentally or otherwise at the customer’s request unless the contrary has previously been agreed in writing. We reserve the right to show in brochures and web-sites samples of work to third parties on completion of the contract unless the contrary has previously been agreed in writing. We shall incur no liabilities for errors not corrected on proofs submitted by us or our subcontractors for customer approval. Customer alterations and additional proofs necessitated thereby shall be charged as extra to the contract. Where style, type, layout or print position is left to our discretion any alteration required by the customer shall be charged as extra to the contract.

  2. Origination: All tools, artwork and origination will remain our property unless supplied or purchased in full by the customer. Unless otherwise requested in writing, we reserve the right to dispose of all tools, artwork and origination which has not been used for a period of one year without further notice and at our complete discretion

  1. Customer’s Property: The customer’s property and all property supplied by to us by or on behalf of the customer shall, whilst in our possession, be deemed to be at the customer’s risk unless previously agreed in writing.

  1. Storage: We shall be entitled to make reasonable charge for the storage of any customer property left with us before the receipt of an order or after notification to the customer that work is complete.

  1. General Lien: Without prejudice to other remedies we shall in r4esect of all unpaid debts due from the customer have a general lien on all goods and property in our possession and we shall be entitled, on the expiration of 14 days written notice to the customer, to dispose of such goods and property as we think fit and apply any proceeds towards such debts.

  1. Quantity: Quantities delivered in respect of any order may vary by 5% either more or less from the quantity ordered and the customer agrees to pay for the goods actually delivered without alteration to the contract. Should an exact quantity be required by the order a premium of no more than 5% of the order value may be charged.

  1. Matching Material: Whilst we make every effort to supply material and goods in accordance with any reference sample or proof submitted this cannot be guaranteed and no condition or warranty to this effect shall be implied. Every effort will be made to obtain the best possible match to the standard required by the customer, but due to the nature of the manufacturing processes involved, we shall not be required to guarantee an exact match in colour, texture, size or material performance.

  1. Customer Supplied Information: We may reject any materials supplied by the customer which appear to us to be unsuitable. If customer supplied material is found to be unsuitable during manufacture any additional costs incurred will be chargeable to the customer.Where we are required to use customer supplied or specified material we shall take every care to secure the best results but we shall accept no liability whatsoever for imperfect work caused by defects in or unsuitability of material supplied or specified. Quantities of material supplied shall be adequate to cover normal spoilage

  1. Responsibility: It is the customer’s responsibility to ensure that the goods ordered are in every way correct for the purpose for which they are intended, notwithstanding that such purpose may be known to us. We are responsible only for producing goods to the specification agreed with the customer. We shall not be liable for direct or indirect loss or claims occasioned directly or indirectly by delay in completing or delivering work, delay in transit or from claims arising from normal trade variations in quality. Where work is defective for any reason, including negligence, our liability will be restricted to rectifying such defect or replacing the work or crediting the price of any defective goods charged and in no circumstances whatsoever will we be liable for any claim in excess of the invoice price of the goods on which any claim is made.We shall be under no liability whatsoever for defective goods unless we receive a written claim within 30 days of the goods being delivered to the customer

  2.  Liability: We shall not be required to supply any goods incorporating any printed matter which in our opinion is or may be an illegal or libellous nature. We shall be indemnified by the customer in respect of any claim or expense arising out of any illegal or libellous matter printed for the customer or any infringement of copyright or patent or similar right resulting from compliance with the customer’s instructions either express or implied. This indemnity will extend to any amounts paid for legal advice in settlement of any claim.

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