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 Viewpoint, Basingstoke, Hampshire RG21 4RG.
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 approval 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, Viewpoint, Basingstoke, RG21 4RG
Tel: 01256 830040