Definitions: The terms ‘the Sellers’ or ‘We’ refer to Baze Associates Ltd, Valentines Hill Cottage, Northchapel, Petworth, West Sussex, GU28 9EH, England, and the terms ‘the Purchasers’ or ‘You’ refer to the client, meaning the person, firm, authority, organisation or company to whom the service is provided by the Sellers.
A) The Sellers do business upon and subject to these general conditions which will be deemed to be incorporated into all contracts between the Sellers and the Purchases to the exclusion of any other terms and conditions of the Purchasers.
B) A quotation shall only constitute an invitation to treat. All orders are subject to acceptance by the Seller, the Purchasers’ acceptance of delivery of said acknowledgement of orders shall be deemed to include acceptance of these general conditions.
C) Telephoned or verbal orders must be confirmed in writing by letter, fax or email. No responsibility will be accepted if this is not done.
D) The Seller cannot guarantee that the goods will be exactly the same as previously supplied. Samples are available on request to check for size, materials etc.
Notwithstanding the earlier passing of risk, title in the goods shall remain with the company and shall not pass to the customer until the amount due under the invoice for them has been paid in full. The Seller may maintain an action for the price of the goods or any part of the goods not withstanding that title in them has not passed to the Purchaser.
The copyright in all concepts, designs, artwork, text, samples and other work produced by the Sellers rests initially with the Sellers. On payment by the Purchasers of the relevant fees and charges in full, the copyright is deemed to be assigned to the Purchasers unless other arrangements are made. The Sellers retain the rights to any concepts, ideas, characters, slogans, logos etc it creates; and retains the rights, and the right not to disclose, the names and addresses of its contacts.
INTELLECTUAL PROPERTY OWNERSHIP AND BREACHES
The content of this website, including but not limited to the ideas, designs and copies contained within it (hereafter referred to as “the content”), is the intellectual property and copyright of Baze Associates Limited (hereafter “Baze Associates”).
No use of the content for any purpose is permitted without the express permission of Baze Associates. This permission must take the form of a written letter of consent with specific reference to the intended use of the content. No alternative form shall be accepted as granting the required permission. Any use of the content without said prior permission will constitute a breach of the copyright and ownership rights of Baze Associates, and will be treated as such.
Quotations are based on the current cost of production and are subject to amendment by the Seller on or any time after acceptance by the Purchaser to meet any rise or fall in costs. However such amendments will not be implemented without prior consultation and agreement with the Purchaser.
The Seller shall be entitled to charge the amount of any Value Added Tax payable whether or not included in the quotation or invoice.
If expedited delivery is agreed and necessitates overtime or other additional costs then an additional charge may be made.
Failure by the Seller at any time to enforce any of the provisions of these general conditions shall not be construed as waiver by the Sellers of provisions or in any way affect the validity of the general conditions.
All prices shall be as per the Sellers’ price list, or as agreed, current at the date of this despatch and all prices are exclusive of VAT. All prices are subject to increases without notice owing to circumstances beyond the Sellers’ control.
All blocks, dies, and silk screens required for printing and, embroidery jacquards will incur additional costs.
All artwork including reductions, enlargements and touching up will be chargeable. Minimum charge applicable
Printed goods may be subject to a 10% over or under run and will be charged pro rata.
Written or oral approval by the Purchasers of the drafts, proofs or samples will be taken by the Sellers as satisfaction by the Purchasers, and as authorisation to go ahead with works and enter into contracts with suppliers where relevant.
A) The Purchasers shall be responsible for the goods being suitable in every way for the purpose for which they are intended to use them and no warranty, condition or representation is given by the Sellers as to the fitness of any goods for any particular purpose.
B) Whilst every effort will be made to deliver on time, time for delivery is not the essence and there is no liability for delays occasioned by circumstances beyond the Sellers’ control.
C) Any liability of the Sellers to the Purchasers shall be limited in total to the price of the goods.
D) In the event of incorrect or faulty goods supplied, credit will only be given if the entire consignment is returned.
Every effort will be made by the Seller to carry out the Contract, but the Seller shall not be liable for any failure in the performance of any of its obligations caused by factors outside its control and (without prejudice to the generality of the foregoing) the Seller shall not be liable in respect of any Act of God, war, strike, lock-out or other labour dispute, fire, flood, drought, legislation or other causes beyond its control. No responsibility can be accepted for late deliveries.
Any description of the goods given by way of identification only and shall not constitute for sale by description nor shall the production or exhibition of a sample prior to the placing of an order be taken to constitute a sale by sample.
A) The return of goods will not be accepted once printed or processed in anyway.
B) Correctly supplied goods, if accepted for return, will be subject to a 20% stocking charge.
C) Any discrepancies must be notified to the Seller within 48 hours.
All prices are exclusive of postage, carriage and packing. Charges for these items are available on request. Due to the difficulty in tracing lost parcels orders cannot be despatched by post.
Samples can be sent on approval and are charged for unless returned in 14 days.
TERMS OF PAYMENT
Strictly Pro forma with the first order, thereafter 30 days net subject to satisfactory credit approval, or unless otherwise agreed.
We understand, and may exercise, our statutory rights of interest under The Late Payment of Commercial Debts (Interest) Act of 1998 if we are not paid according to our credit terms.
Time of payment shall be of the essence and, if any amount shall not be paid on the due date, the Purchasers shall pay to the Seller on demand interest thereon at an annual rate of 7.5% above National Westminster Bank PLC base lending rate, such interest to accrue from day to day, and run after as well, before any Judgment.
CLAIMS AND ACCEPTANCE
A) The Purchasers shall inspect all goods immediately upon delivery and shall within seven days from delivery notify the Sellers of any matter or thing by reason of which they may allege that the goods are not in accordance with the contract. If the Purchasers shall fail to give such notice within such period it shall conclusively be determined that the goods are as to quality, number, weight, volume and in all respects in accordance with the contract and that the Purchasers have accepted them. The Purchasers shall have no right to reject the goods, but shall be bound to pay for the same accordingly.
B) Non delivery by a carrier must be notified to the Sellers in writing within 14 days.
C) Goods are only returnable with our expressed agreement. Goods will not be accepted back with out prior arrangement.
All cancellations to be notified in writing. Charges will be made for all work done or material bought.
Unless otherwise specified printing colour, size and position will be at our discretion even on repeat orders. Where Pantone colour matches are requested, a 100% match cannot be guaranteed only as close as possible.
The onus is on the Purchaser to ensure the Seller has all the correct details from previous orders.
The Sellers reserve the right to alter design, material and product specification of any product without prior notice.
The Sellers are entitled to place the name of the Purchaser on its list of Clients and to use the name as a normal business reference, subject always to the right of the Purchaser to require the Sellers to delete its name from the Sellers’ list of Clients at any time if it has good reason to believe its continued inclusion on the said list would be inappropriate and would be prejudicial to the interests of the Purchaser.
This Agreement will be governed and construed in accordance with the Law of England.