§ 1. Definitions
In our conditions, the "Supplier" is defined as Promotion Bag UK Ltd. "The Buyer" means customer of Promotion Bag Ltd. and the conditions are the paragraphs from 2 to 12.
§ 2. General
All orders between the Supplier and Buyer are based on the sales and delivery conditions you will find in this section.
No order will constitute a contract until accepted by the Supplier.
In the event of a conflict between these Conditions and any trading conditions of the Buyer, these conditions shall prevail despite any stipulation to the contrary in any such trading conditions of the Buyer.
The Supplier reserves the right to make changes to these Conditions at any time. The Buyer will be subject to these conditions in force at the time an order is placed.
§ 3. Orders and specifications
Quotes are valid for 14 days.
All prices quoted or accepted are exclusive of VAT and the contract price shall be such prices plus VAT.
Acceptance of quotations require written confirmation from the Buyer. Payment of the deposit also constitutes Buyer acceptance, cf. § 4.
Any typographical, clerical or other error in quotations, order confirmations etc. issued by the Supplier shall be subject to correction without liability.
§ 4. Payment
All prices are in Pound Sterling and all prices quoted or accepted by the Buyer are exclusive of VAT.
For certain types of orders, the Buyer must pay 30% of the total order amount when placing the order. The payment of the remaining 70% must be no later than 8 days after delivery.
Orders where the Buyer is not required to pay 30% when placing the order, the Buyer must pay the total order amount no later than 8 days after delivery. Buyer must pay in accordance to the information on the received invoice.
Any accounts not paid in accordance with the Conditions will be subject to a penalty interest charge of 2% of the remaining unpaid debt from the due date per current month.
The Buyer is not eligible to deduct or withhold any part of the amount due to counterclaims, unless agreed otherwise with the Supplier in writing.
§ 5. Ownership
The goods supplied to the Buyer shall remain the absolute property of the Supplier until payment in full of any amount invoiced is received. This also includes potential interest charge and additional costs.
§ 6. Delivery and delays
Despatch shall be for the Buyers account and risk.
Transport insurance is only signed if a written request is made by the Buyer. The Buyer is responsible for payment of the insurance.
When the Buyer orders bespoke products and after payment of deposit have occurred cf. § 4 if needed, the Supplier will produce a sample that will be sent to the client for approval.
For bespoke product orders where a sample is produced for the Buyer to approve, the indicated delivery time for the mass production starts at the time when the Buyer approves the sample.
Any delivery date indicated in the quote, order confirmation or otherwise stated is an approximate/estimated delivery time.
If the Supplier becomes aware of a delay, the Supplier is obligated to notify the Buyer. The Supplier is only liable for delays if it is caused by gross negligence from the Supplier.
The Buyer is not entitled to withdraw the order in case of a delay.
The Supplier is exempt for the above delivery terms if the delivery is hindered by force majeure, strikes, lockouts, machinery damage, material shortage, conditions of carriage and similar circumstances that the Supplier cannot control.
The Supplier is not liable and do not have any responsibility when it comes to compensating the Buyer due to delayed delivery.
§ 7. Packaging
The Supplier must ensure the packaging of the goods is carried out responsibly.
If the Buyer have specific requirements or wishes when it comes to packaging, the Buyer must inform the Supplier in writing when signing the agreement.
§ 8. Inspection and defects
The Buyer shall inspect the goods immediately on delivery and shall within seven days of such delivery give notice in writing to the supplier of any matter where the Buyer alleges that the goods are not in accordance with the agreed contract.
If the buyer fails to give such notice those goods are deemed to be in accordance with the contract and the Buyer is deemed to have accepted the goods.
The Buyer is aware that variations regarding size, material thickness, print colours of the final products may occur.
When the Buyer orders bespoke products, the Supplier may produce a sample of the ordered product for the Buyer to approve. After the approval of the sample by the Buyer, and the final version of the product matches the quality and appearance of that sample, the Buyer cannot claim that the goods are not in accordance with the contract. The same applies in other circumstances where the Buyer approves a digital proof before mass production.
§ 9. Other conditions
The Buyer is aware that all products are discreetly labelled with the Supplier’s name / logo and contact information, for instance a label sewn inside, printed on the bottom, or another place on or in the bags. The supplier reserves the right to make use of the Buyer’s brand as a reference unless agreed otherwise.
The Supplier reserve the right to apply a +/- quantity tolerance of 10%.
If the Supplier do not receive any relevant reproduction material as well as information about for instance printing colours, from the Buyer within 3 months after the order confirmation, the Supplier is eligible to receive 30% of the order amount from the Buyer excl. VAT.
If the Buyer wish to make changes to the sample produced by the Supplier, there will be extra costs associated with that for the Buyer.
§ 10. Violation
If the Buyer is default, the Supplier is obligated to stop further deliveries and demand compensation equivalent to the normal contractual rules.
§ 11. Limitation of liability
A compensation from the Supplier must not exceed the amount on the invoice for the sold goods. The Supplier is not liable for consequential loss or profit loss because of a delay or a defect product.
The Supplier must without undue delay notice the Buyer in writing if force majeure or other circumstances occur, that the supplier cannot control.
English law is applicable in all circumstances when it comes to product liability.
When the client delivers printing files or complete layouts for print, the Supplier is not responsible for any errors in that material whether it is colours, text, setup, images or other details related to the layout. If the Buyer, because of a strict deadline, choose to approve a sample via pictures by e-mail, the Supplier is not responsible for errors that could have been otherwise discovered and prevented.
It is solely the Buyer’s responsibility to ensure the copyright for the use of layouts, logos and other material is respected. The Supplier is not by any means responsible for controlling the files and material delivered by the Buyer for copyright and trademark violations.
The Acceptance of a buyers purchase order does not mean the acceptance of any of its clauses or conditions. Clauses and conditions must be agreed in writing prior to any purchase order being placed. The supplier will not accept any claim for breach of any conditions or clauses which have not been agreed in writing prior to the purchase order being placed.
§ 12. Applicable law and venue
These conditions are subject to English law and potential disputes can only be tried at an English court of law.