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1. These terms and conditions apply to all orders and supersede all others.
Receipt of acknowledgement of order by you, constitutes your acceptance that our
conditions are the only conditions that apply to the contract notwithstanding
any purported terms put forward by you.
2. Payment Terms - Approved Accounts - Payment shall be made in full within 30 days of invoice, unless we have agreed special settlement terms in writing.
New Accounts - payment due on performa until an account application has been processed. Where credit
transactions are carried out over the Internet no monies shall be deducted from
your account until a member of Get Yourself Noticed ltd has ascertained
confirmation of order. By placing an order using a credit / debit card over the
Internet you are agreeing to these terms and conditions.
3. Passing of title and risk - The risk of the goods shall pass to you on
delivery. All goods, delivered or not, remain our property until payment is
received in full. Until such time as payment in full is made, you shall retain
such goods separately from other goods and clearly mark them in such a way that
they can be readily identified as being our property and any payment received by
you for any sale of such goods must be held in a separate account in trust for
us. In the event of non-payment by you for such goods we will, without loss of
any rights or remedy, remove from your possession those goods belonging to us in
accordance with these terms and conditions and we shall be entitled upon the
property where the goods are stored and repossess and remove the same. You
hereby grant us irrevocable licence to enter your premises for the said purpose.
4. Products We reserve the right to alter any details or design of products
illustrated without prior notice and while every effort is made to describe our
goods accurately on sales literature, email and the website no warranty is given
as to accuracy and no responsibility will be accepted for error or
mis-description and any resulting loss.
5. Quotations and contracts Orders are accepted subject to our right to
adjust prices quoted to take account of any changes in the law or Government
regulations requiring us to increase prices by way of direct taxation, import
duties, customs and excise duties or otherwise. The prices are based on today's
current costs of production and in the event of any increase in wages or costs
of materials to us occurring after the confirmation or accepted contract, we
shall be entitled to charge such increases to you.
6. Prices Where applicable all prices are subject to V.A.T. at the current
rate.
7. Delivery and lead times Every effort will be made to deliver on time, but
any delivery day or lead-time specified is a best estimate and no liability is
accepted for any loss arising from delay or error in the delivery of the goods.
All deliveries will be charged at the prevailing rates applying at the date of
such delivery. Special rush deliveries can usually be arranged but will usually
be subject to additional charges (e.g. rush print charges and rush delivery
charges) that will be charged to you at current commercial rates. Lead times
will be deemed to commence at the date and time that Get Yourself Noticed
receive in writing, "signed off" approval of the artwork that Get Yourself
Noticed supplied to the client.
8. Quantity variations We shall be deemed to have fulfilled our contract by
delivery of a quantity within 5% plus or minus of the quantity of printed goods
ordered and you will be charged at the contract rate for the quantity delivered.
9.Claims Claims arising from damages, delay or partial loss in transit must
be made in writing to us, so as to reach us within 5 days of delivery. All
claims with regard to the quality or quantity of the goods shall be made in
writing to us, so as to reach us within 5 days of receipt of goods or such goods
shall be deemed to comply as to quality and quantity with the terms of the
contract. You must examine all goods delivered at the time of delivery and
confirm receipt. We shall not be liable for any loss or damage caused to the
goods in transit unless loss or damage is noted at the time of delivery. Claims
in respect of non-delivery must be made in writing so as to reach us within 4
days from receipt of our invoice.
10. Liability Save in so far as defects in the goods cause death, injury or
damage to personal property, our liability for any loss or damage suffered by
you in respect of the goods shall be limited to the contract value of the goods.
We can accept no responsibility for loss or damage arising from the supply of
goods under this contract unless you have fully complied with the notification
of claims procedures set out in 7. Nothing in these terms and conditions shall
affect the right of a consumer.
11. Cancellation charges A charge will be made on all cancelled orders,
together with the charge for all work carried out up to the date of written
cancellation.
12. Samples of any of the items illustrated on our literature, website and
emails are available upon request and will be charged at the lowest quantity
rate if not returned within 30 days.
13. Overdue cheques No goods will be delivered on accounts that remain unpaid
14 days after payment is due. Interest will be charged on overdue accounts, at
the rate of 5% above the Barclays Bank PLC base rate from time to time from the
date the account became due until payment is received. This does not prevent us
from pursuing payment of overdue accounts at any time after payment becomes due
and shall be in addition to and without prejudice to any other rights we may
have against you. We reserve the right to charge you for any legal or collection
charges where it is necessary to obtain payment from you of an overdue account
through a third party or Court proceedings.
14. Quantity changes Any changes in quantity ordered must be made in writing
to us prior to commencement of processing. Any increase in the order must be
regarded as a separate contract unless written notification is received before
work commences on the original order.
15. Artwork and printing All artwork and printing charges will be levied
where necessary unless previously stipulated by us. Where applicable the prices
shown include artwork, printing one colour one position, for additional colours
and positions of printing, prices are shown for quantities other than those
listed please contact Get Yourself Noticed for an exact via telephone, fax or email.
16. Changes to artwork In order to print efficiently from the artwork you
supply, it maybe necessary to adjust or redraw your artwork. You will be advised
of the changes made. No printing will take place until Get Yourself Noticed has
received in writing your "signed off" approval of the artwork.
17. Colour variations Due to the variety of materials and the imprinting
processes utilised by Get Yourself Noticed and its suppliers, no guarantee can
be given to match exactly pantone numbers or colour samples provided by the
client. Get Yourself Noticed will endeavour to match as closely as possible to
these colour references but cannot be held liable for any further costs that may
arise.
18. Small orders Where you require a quantity smaller than the minimum
quantity shown, this is normally possible but usually carries a small order
surcharge, please contact us for an exact quotation.
19. Governing Law And Jurisdiction English Law shall govern the construction,
validity and performance of this agreement and the client and the consultancy
agree to accept the jurisdiction of the English Courts.
20. Force majeure We will not be held responsible for failure or delay in the
carrying out of our obligations under the contract arising out of any cause
outside our reasonable control or by inability to procure materials or articles
except at higher prices due to any such cause and in such circumstances we shall
be entitled by notice to terminate the contract in whole or in part without
incurring any liability to you. |