JEM PROMOTIONS UK LIMITED
STANDARD TERMS AND CONDITIONS
AND GENERAL TRADING INFORMATION
Thank you for working with us. These terms and conditions apply to all
orders and your acceptance of them is an essential condition of us working with
you. By placing an order with us, you
are confirming your acceptance of these terms.
Please read them carefully and let us know if you have any questions,
otherwise we will assume you are happy to proceed with your order on the following
basis. We may change these terms from
time to time by posting an amended version on our website, which will apply for
any new orders placed after that.
OUR COMPANY:
We are JEM Promotions UK Limited, a limited
company incorporated in England and Wales under number 04239372
and with our registered office at 9 Century House, Vickers Business Centre, Preistley House,
Basingstoke, Hampshire RG24 9RA.
OUR
PRODUCTS:
o
We
supply business gifts and promotional merchandise. We are able to customise our products to your specification.
o
We
reserve the right to alter any details or design of our products offered for
sale without notice and while every effort is made to describe goods accurately
on our website and catalogues no warranty is given as to accuracy and no
responsibility will be accepted for error or mis-description and any resulting
loss.
QUOTATIONS:
o
Any
prices quoted to you are based on today's current costs of production and in
the event of any increase in wages or costs of materials to us, 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 occurring after
we have confirmed your order, we shall be entitled to charge such increases to
you.
o
Where
applicable the prices shown include printing one colour one position from
camera ready artwork supplied, for additional positions or colours of printing
please phone to obtain an exact quotation
YOUR ORDER:
o
Once
you have accepted our quote and indicated that you would like to proceed with
your order, we will ask you to sign our Order Confirmation form and return it
to us. If there is a delay in receiving
your signed Order Confirmation, this may affect the timing and price of your
order and we will let you know before proceeding if this is the case.
o
If
we are unable to fulfil your order then we will let you know as soon as we can.
o
You
will be legally bound by these terms and conditions as soon as you have signed
and faxed the Order Confirmation.
o
These
terms and conditions take precedence over any alternative terms that you may
seek to introduce into our relationship, via a purchase order or
otherwise. By signing our Order
Confirmation you are indicating your unequivocal acceptance of this.
o
We
shall be entitled to presume that anyone from your business or purporting to be
acting on your behalf is able to bind you to these terms and conditions, so
please ensure that the person dealing with us has the authority to do so.
o
We
are reliant on you to let us know how you would like your order
customised. The price and delivery
times for your order may depend on the customisations that you require.
ARTWORK AND PRINTING
o
We
require your artwork in a particular format, being Adobe Illustrator Vector EPS
together with Pantone References where applicable.
o
If
we have to produce new artwork for you, reformat or alter your artwork, it is
your sole responsibility to check our work and you acknowledge that delays may
occur as a result. We cannot take any
responsibility or liability for artwork we produce for you.
o
If
we need to undertake any graphic design work on your behalf to get your copy or
images into the right format, then we reserve the right to charge for this in
addition to any fees specified in the Order Confirmation. We will let you know at the appropriate time
o
We
will match your own Pantone colours as close as possible.
o
It
is your sole responsibility to ensure that you are fully authorised to make the
requested customisations, for example you have the right to use any logos, text
or images without infringing any third party intellectual property rights. You undertake to indemnify us for any legal
issues or liability that arises from you not doing so.
o
If
we have asked you to approve any print or design proofs, your approval is
binding, whether given by telephone, email, fax, in person or in writing. We cannot take any responsibility for any
proofs once approved by you, so please check these carefully for omissions,
errors, spelling mistakes etc.
SAMPLES
These will be submitted on a loan basis for approval and are to be returned at the client's expense and will be charged if not returned in good
condition within 14 days.
DELIVERY
o
Every
effort will be made to deliver on time, but any delivery day specified is a
best estimate and no liability is accepted for any loss arising from delay or
error in the delivery of the goods. Time is not of the essence for the purpose
of our delivery obligations under these terms and conditions. All deliveries will be charged at the
prevailing rates applying at the date of such delivery.
o
Special
rush deliveries can usually be arranged but will usually be subject to
additional charges (e.g. rush print charges and rush delivery charges) which
will be charged to you at current commercial rates.
PASSING OF TITLE AND RISK
o
The
risk in the goods shall pass to you on delivery.
o
All
goods, delivered or not, remain our property until payment is received in full.
o
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 conditions and we shall be entitled to enter upon the property where
the goods are stored and repossess and remove the same. You hereby grant us
irrevocable license to enter your premises for the said purposes.
PAYMENT TERMS:
o
Payment
(on pre-approved credit accounts) must be made in full within 30 days of
invoice, unless special settlement terms have been agreed by us in writing.
o
Any
discounts are offered on the strict understanding that accounts are paid by the
due date. We reserve the right to invoice any such discounts to accounts which
become overdue.
o
Where
applicable all prices quoted are subject to VAT at the current rate.
o
No
goods will be delivered on accounts which remain unpaid 30 days after payment
is due. Interest will be charged on overdue accounts, at the rate of 8% above
the Bank of England 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.
o
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.
QUANTITY VARIATION
We shall be deemed to have fulfilled our contract
by delivery of a quantity within 10% plus or minus of the quantity of printed
goods ordered and you will be charged at the contract rate for the quantity
delivered.
CLAIMS
o
You
must examine all goods delivered at the time of delivery. We shall not be
liable for any loss arising from damage caused to the goods in transit unless
loss or damage is noted on the delivery note at the time of delivery.
o
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 your order.
o
Claims
in respect of non-delivery must be made in writing so as to reach us within 1
day from receipt of our invoice.
LIABILITY
o
Unless
stated otherwise by you in your order, you confirm that you are trading with us
in the course of a business, rather than as a consumer. Nothing in these terms and conditions shall
apply so as to affect statutory consumer rights.
o
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.
o
We
can accept no responsibility for loss or damage from the supply of goods under
this contact unless you have fully complied with the notification of claims
procedure set out in the Claims section above.
CANCELLATION
Once you have placed your order and we have confirmed our acceptance of it,
you may not cancel it. This is because
we may immediately start fulfilling your order, by ordering the required stock
from our suppliers and/or starting the customisation work. Obviously, once goods have been customised
for you, they are not resaleable.
However, if you find that you need to cancel an order, please let us
know as soon as possible and we will do our best to stop progress if this is
possible. You will remain liable for
the whole order price, unless we agree otherwise in the circumstances at our
discretion.
QUANTITY CHANGES TO ORDERS
Any changes in quantity ordered must be made in
writing to us prior to commencement of processing. Any decreases in the order
will be treated as a partial cancellation.
Any increase in the order must be regarded as a separate contract unless
written notification is received before work commences on the original order.
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 whatsoever to you.
PLEASE NOTE: The products in our website and catalogues have not
necessarily been supplied to or endorsed by the companies whose names and logos
have been used. The printing of such is a guide to position and printing effect
only. We apologise for any inconvenience caused.
GENERAL
LEGAL:
o
Nothing
in these terms and conditions shall create a partnership between us.
o
We
may subcontract our work for you under these terms and conditions at any time
without notice.
o
These
terms and conditions may only be varied by written agreement between us.
o
These
terms and conditions shall be governed by and construed In accordance with
English law and we both agree to submit to the non-exclusive jurisdiction of
the English Courts.
JEM Promotions UK Limited,
9 Century House, Priestley Road, Basingstoke, RG24 9RA
Tel: 0845 833
6536 Fax: 0845 833 6537