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Terms and Conditions of Trade
Carson Holdings Limited t/a Ink Design & Print (Peterborough)
(a)In these conditions
(i) “Seller” means Carson Holdings Limited which trades as Ink Design & Print (Peterborough) and parking-permits.co.uk
(ii) “Goods” means the goods or services supplied by the Seller
(iii) “the Buyer” means any person, firm or company ordering any products or materials whether in person or through an agent or nominee from The Seller.
b)This contract contains the entire bargain between the Seller and the Buyer and in the case of any inconsistency between these terms and conditions and the terms and conditions of any other contract documents sent by the Buyer to the Seller (whatever their respective dates) in respect of the Goods these terms and conditions shall prevail.
(c)Any description or illustrations in the Seller’s catalogues, price lists, websites or other advertising materials are intended merely to present a general idea of the Goods and shall not form representations or be part of the contract.Prices displayed on the Sellers website are monitored and are kept as accurate as possible but The Seller reserves the right to cancel or refuse orders for items shown on our websites with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order.
(d)Any concession or waiver made by the Seller at any time shall not prejudice the exercise of its rights hereunder.
(e)The Buyer is deemed to have satisfied himself that the Goods are suitable for the purpose and capable of performing the function and use to which it is intended to put them.
(f)No waivers alterations or modifications of these terms and conditions shall be valid unless made in writing and signed by the duly authorised representative of the party against whom the same shall be sought to be enforced.
(g)The Seller reserves the right to correct any clerical errors made by its employees at any time.
(h)Any quotation given is an invitation to treat only and the prices stated are a guide which may be varied after 30 days.
(i) Each of the clauses of these general terms and conditions of sale and every part thereof shall be separate and severable to the intent that if one of clause or one part thereof shall be unenforceable the other clauses and the other parts of the clause respectively shall be effective.
(j)The exclusions and limitations contained in these general terms and conditions of sale only apply so far as permitted by the Supply of Goods (Implied Terms) Act 1973 the Consumer Credit Act 1974 and the Unfair Contract Terms Act 1977 or any other relevant statute or amendment thereof or Order thereunder.
(k) Where applicable herein the masculine shall include the feminine and neuter and the singular the plural and vice-versa.
2. PRICE VARIATION
The price of the Goods (which includes packaging) is based on the current price of materials, transport, labour and other prime costs of the Seller including the rate of exchange of sterling and if the same increase after the date of the Order the Seller shall be entitled to increase the price of the Goods by a fair proportion to reflect the increased cost. The Buyer will be notified in writing of any increase in price and will be entitled to cancel any order they have placed should they so wish at any time prior to delivery.
3. PAYMENT TERMS
(a) Payment is due net within 30 days following the date of invoice or the date of delivery whichever shall be earlier.
(b) No deductions shall be made by the Buyer from any payments due under this contract unless otherwise agreed in writing.
(c) Where applicable Value Added tax (or other tax payable by a purchaser) will be added in accordance with United Kingdom legislation in force at the tax point date.
(d) The Buyer accepts payment by bank transfer, cheque, credit or debit card or cash. Credit card and debit card payments are taken at the point of customer order not on dispatch of goods.
4. PLACE OF DELIVERY
The Goods shall be delivered to the address agreed between the Buyer and the Seller. The Seller shall be ready to receive delivery of the Goods and any additional expense caused to the Seller by the Buyer due to Buyer not being ready or not providing suitable delivery facilities or any other cause shall forthwith be reimbursed to the Seller. The Buyer may also collect Goods from the Sellers premises at 14 Metro Centre, Welbeck Way, Woodston, Peterborough, PE2 7UH, UK by prior arrangement with The Seller.
5. DELIVERY DATE
The Seller will use its best endeavours to meet any delivery date and will in general deliver within 28 days from date of order but any date named by the Seller for delivery is given and intended as an estimate only and is not to be of the essence of the contract. The Buyer shall nevertheless be bound to accept the Goods when available. The Seller shall not be liable in any way in respect of late delivery howsoever caused nor shall such failure be deemed to be a breach of contract.
6. VARIATIONS TO THE GOODS
(a)The Seller reserves the right to vary the Goods where in its absolute discretion it considers it necessary to carry out the main purpose of this contract.
(b)The Seller will endeavour to carry out all reasonable variations to the Goods requested by the Buyer but shall not be obliged to accept any such requests for variation and shall be entitled to make any price adjustment consequent upon any variation accepted.
7. FORCE MAJEURE
If events beyond the Seller’s reasonable control prevent the Seller from performing its obligations hereunder the Seller may without liability cancel this contract.
8. LIMITATION OF LIABILITY
(a) The Seller has no control over the application of the Goods nor the environment in which they are used. Therefore, it is the responsibility of the Buyer to inspect and test the Goods and each and every part thereof before use to see that they are in order. The Seller shall not be liable for any cost, claim or demand:
(i) Arising from any misrepresentation or breach of condition or warranty either expressed or implied whether by statute or otherwise so far as it relates to liability in respect of the correspondence of the Goods with description or sample or their quality of fitness for any purpose and
(ii) For consequential loss suffered by the Buyer for any reason whatsoever.
(b) Without prejudice to the generality of subclause (a) hereof the Seller shall not be liable in any way whatsoever (including consequential loss) for any misrepresentation or breach of warranty or condition either expressed or implied whether by statute or otherwise or in any other way relating to the Goods in so far as it is reasonable to exclude such liability in the circumstances of any particular case.
(c) In so far as the Seller is liable for any cost claim or demand whatsoever of the Buyer the liability of the Seller shall be limited to (at the discretion of the Seller):
(i)Replacing the defective Goods, or(ii)Making good the defects, or
(iii)Allowing a full credit for the cost of the defective Goods or work done on them by the Seller.
(d) The Seller is always willing to discuss a variation of this clause (and any others limiting liability) provided that adequate insurance cover can be arranged by the Seller and subject to a reasonable price adjustment to cover this additional liability.
(e) The Seller makes every effort to ensure that any and all electronic and/or digital files supplied are free from viruses but the Buyer is expressly responsible for ensuring that any files supplied by the Seller and installed or copied onto any computer are free from virus or other technical defifficency which may damage the software or hardware of any computer or computer network. The Seller will not be liable for any damage to any computer or computer network caused directly or indirectly by the use of any supplied electronic and/or digital files.
9. MONEY BACK GUARANTEE
(a)The Buyer is entitled to return to The Seller any goods delivered to Buyer without reason provided that:
(i)A period of no more than 30 days has passed from the date of delivery of the Goods to the Buyer;and
(ii)The goods have not been used by the Buyer or any other individual, company or organisation.
(b) Return of goods for any other reason than breach of contract by The Seller will be at The Buyers expense.
(c) Upon the receipt of returned goods under the Money Back Guarantee the Seller will refund any moneys paid by the Buyer to the Seller in respect of those returned goods.
10. TIME FOR NOTIFYING SHORT DELIVERY
The Seller shall not be liable in any way whatsoever for short delivery of Goods unless a claim is notified to the Seller in writing within 3 days of delivery.
11. OVERDUE PAYMENT AND CANCELLATIONS
(a)Under the Late Payment of Commercial Debts Regulations 2002, The Seller can exercise its statutory right to charge interest and an administrative charge on all overdue invoices.
(b)The Seller shall be entitled to suspend or cancel further deliveries or other services under this and/or other contract between the parties hereto:
(i)if any payment is overdue or
(ii)if the Buyer shall have failed to take delivery of any Goods.
(c)For the purpose of this condition time of payment shall be of the essence of the contract.
(d)The Buyer shall not be entitled to withhold or set off payment or cancel an order save in the case where The Buyer is an individual, company or organisation to which the Consumer Protection (Distance Selling) Regulations 2000 apply. Any order can be cancelled in writing within thirty days of delivery of the goods under the terms of the Money Back Guarantee described in clause 9 above.
12.PASSING OF RISK AND PASSING OF TITLE
(a)In this clause the word “Goods” shall include
(i) goods which have been sorted repackaged or otherwise re-presented and promoted
(ii) goods which have been operated on in any way by the Buyer and
(iii) goods to which any other material or thing whatsoever becomes permanently or temporarily attached either in whole or in part (such goods being deemed to have acquired that material or thing in simple accession or accetion and the resultant combination shall in consequence be identified with the Goods in every way and conse- quently be and remain the property of the Seller in accordance with this clause as if the same had always been the property of the Seller notwithstanding that the value thereof may have been greatly enhanced by reason of the said accession or accretion or that the same shall be a new object).
(b)Risk in the Goods shall pass on delivery but the legal property and title in the Goods shall remain that of the Seller until the happening of the first of the following events:
(i)Payment by the Buyer of the price of the Goods and of all other things sold or delivered by the Seller to the Buyer
(ii)Performance by the Buyer of any bona fide sub-contract of sale of the Goods at their true value, the Buyer being given authority to enter into such sub-contracts notwith-standing that the property therein remains with the Seller by virtue of these terms.
(c)Notwithstanding the retention of title by the Seller the Buyer is hereby authorised to carry out any operations to the Goods in the normal course of the Buyer’s trade.
(d)The Goods shall at all times be stored or kept and marked or distinguished so as to be easily identified as the Seller’s property and in particular records shall be kept of their individual whereabouts and, should they be the subject of sub-contracts of sale permitted hereunder records shall be kept of the buyers thereof and of the prices at which the same are agreed to be sold.
(e)The amounts receivable by the Buyer pursuant to any sub-contract of sale of the Goods permitted hereunder being receivable upon a sale of the property of the Seller, shall be collected for and held in trust for the Seller, to the extent that such amounts do not exceed the total debt owed by the Buyer to the Seller in respect of the price of the Goods and of the price of all other things sold or delivered by the Seller to the Buyer.
(f)Upon any default by the Buyer of any of these terms and conditions (including terms as to payment) or the insolvency, bankruptcy, making of a winding up order against and appointment of any Receiver Administrative, Receiver Administrator or Liquidator of the Buyer or its assets or upon the Buyer suffering any distraint or distress or execution against its goods then the Seller may dispose of or recover any of the Goods entering the Buyer’s premises for the purpose thereof.
13.COPYRIGHT ETC. INFRINGEMENT
The Buyer shall be solely responsible for the consequences of any patent, trademark, design,copyright or other infringement of commercial rights resulting from the Buyer’s specification,design or use of the Goods and the Buyer shall fully indemnify the Seller in respect of all claims,demands, liabilities, costs charges and expenses incurred by the Seller as a result of such infringement or alleged infringement.
If any ny design,logos or other artwork is supplied by the Buyer to The Seller the Buyer warrents that he is entitled to supply the said design, logo or artwork to the Seller and that the Seller is entitleed to use it for the purposes of completing any order placed by the Buyer on the Seller.
Each delivery of Goods under this contract shall be deemed to constitute a separate contract to which the terms and conditions hereof shall apply, provided that these conditions shall be subject to and shall in no way affect the Seller’s rights under Clauses 10 above and 14 below to suspend or terminate the whole contract in the circumstances there mentioned.
15.SUSPENSION OF PERFORMANCE
If the Buyer:
(a)Makes default in or commits any breach of his obligations to the Seller hereunder or
(b)Is involved in any legal proceedings in which his solvency is involved or
(c)(Being a Company) commences liquidation or
(d)Ceases or threatens to cease to trade or if serious doubt arises as to the Buyer’s solvency then in any case the Seller shall immediately become entitled (without prejudice to its other claims and rights under this contract) to suspend further performance of this contract for such time not exceeding six months as it shall in its absolute discretion think fit or (whether or not notice of such suspension shall have been given to treat the contract as wrongfully repudiated by the Buyer and forthwith terminate the contract. The Seller will notify the Buyer of the exercise of its option to suspend or terminate this contract within a reasonable time of its becoming aware of the fact or default on the Buyer’s part giving rise to the Seller’s rights under this condition.
16.MATERIALS AND DELIVERIES
(a)Quantities: Owing to the difficulty of supplying exact quantities of Goods the Seller reserves the right to deliver up to 10% in excess of or below the quantities ordered unless special agreement has been made to the contrary and the price shall be adjusted accordingly.
17.ORIGINAL WORK AND CONFIDENTIALITY
(a)Where original work is carried out by the Seller the Goods are submitted by the Seller in confidence and unless otherwise agreed in writing the copyright and other commercial rights in them shall remain the Seller’s property.
(b)Unless otherwise agreed in writing the Seller is entitled to make and retain a copy of all documentation prepared by them and may use at any time concepts, techniques and methods of working developed during this contract.
(c) The Buyer shall not disclose to a third party any document information or method of working without the Seller’s written agreement.
This contract shall be interpreted according to English Law and 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.
19. COMPANY DETAILS
Ink Design & Print (Peterborough) and parking-permits.co.uk are trading name of Carson Holdings Limited, a company registered in England and Wales number 4692829. The registered and trading address is 14 Metro Centre, Welbeck Way,Woodston, Peterborough. PE2 7UH. United Kingdom
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