Terms and Conditions
TERMS AND CONDITIONS OF SALE
In these Conditions the "Company" means Rowtex Limited, whose principal place of business is 45C Waverley Road, Weybridge, Surrey KT13 8UT. The "Agreement" means these conditions together with any contract in which they may be incorporated by reference or otherwise. The "Buyer" means the person or organisation placing the order irrespective of their relationship to the contract in hand. "Artwork, "Specification and"Goods" (and their plurals) shall mean and include all types and forms of such, including (without exception) photo positives, bromides, artwork received by electronic means (usb and email) specifications and goods.
- Ruling Conditions All contracts entered into by the Company are subject to conditions to the exclusion of any and all printed terms and conditions buy the Buyer. These conditions cannot be varied, suspended or added to except with the prior written consent of the Company.
- Contracts a. Separate Contracts Each order placed by the Buyer shall, on acceptance by the Company, be treated as a separate contract. If there shall be more than one contract in course of performance between the Company and the Buyer, any question, dispute or difficulty which may arise in respect of one such contract, or the terms on which it may be settled, shall not affect in any way the performance of the other contracts, nor shall the Buyer be entitled to exercise in relation to any other such contracts any right of set off counter claim arising under any other contract.
No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout (ii) You must select your preferred method of delivery and confirm your order and by doing so consent to these terms of sale; (iii) you will be transferred to our secure payment server which will handle your payment; (iv) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.”
- Future Contracts If, subsequent to any contract of sale which is subject to these conditions, a contract of sale is made with the same Buyer without express reference to any conditions, such contract shall be deemed to be subject to these Conditions.
- Price and Payment a. All payments made on this web site must be made in Sterling
- Unless otherwise agreed in writing, the price of the goods and/or services shall be that ruling at the date of despatch or completion.
- The Company reserves the right to vary the price of the goods by notice to the Buyer given at any time before delivery if, and to the extent that there is any increase in the price or cost of the goods to the Company by reason of any foreign exchange fluctuations, changes in currency regulations, alterations in duties or import, variations in the cost of raw materials, labour, services or transport, or by any reason or cause (whether or not of the same nature of the foregoing) beyond the control of the Company.
- The Company shall be at liberty to adjust the price to take into account any alteration made by the Buyer to the specifications supplied to the Company as defined in Condition 9 provided that no alterations shall be binding on the Company unless accepted by the Company in writing.
- Where the Buyer is a body corporate, its Director's jointly and severally guarantees the Company of full payment and its obligations under this Agreement.
- Despatch Dates Whereas the Company will endeavour to meet anticipated despatch dates they are given in good faith but are not guaranteed and no liability will be accepted for any loss, costs, damages or expense suffered by the Buyer, perceived or actual as a result of failure of the Company to meet any such date. Many variables exist outside the control of the Company that can affect anticipated despatch dates, including unplanned absenteeism, machinery failure, quality issues, product faults and acts of God. Orders placed on the Company and subsequently accepted by the Company will be on the strict understanding that no attempt will be made by the Buyer to claim compensation for falling to meet the anticipated despatch date by withholding payment or seeking compensation.
The Company shall be entitled to deliver goods at any time on or before the specified date and unless otherwise specified by the Buyer the Company may at its discretion deliver all of the goods in one consignment or in portions time to time before the specified date. In the event that a delivery date is quoted to the Buyer in writing but the delivery is not made within 6 months after such a date the Buyer may by notice cancel the order without liability to the Company. The Company shall not in any event be liable for any special consequential loss or damage (including, but without limitation, any loss of or in respect of profit, wages or overheads) suffered by the Buyer as a result of any delay in a failure of delivery.
- Delivery Delivery will be deemed to have taken place at the moment when the goods leave the Company. In all cases any third party carrier used to transport goods will be deemed to be the agent of the Buyer. The Buyer is totally responsible for any goods in transit and any losses, direct or consequential, or as a result of the carriers failure in meeting the delivery date or delivering to an incorrect address / department is the responsibility of the Buyer. It is the Buyers responsibility to ensure that delivery addresses are correct and that the recipient will be available to take delivery of the goods on the day they are due to arrive. If the recipient is not present to take delivery the Company will charge the Buyer for each additional attempt at delivery. The Company will under no circumstances take any responsibility for delivery to exhibition venues, conference venues and private homes. Goods sent to these destinations are at the Buyers own risk of loss, late delivery or non-delivery.
- Claims for Non-Delivery a. All claims for non delivery of any consignment must be made in writing to the Company and any carrier engaged by the Company within (5) working days after the date of despatch shown on the Company's despatch consignment notes.
- All claims for short delivery shall be made in writing to the Company and carrier engaged by the Company with (5) working days delivery of the consignment in question or (5) days after the Company's invoice whichever is earlier and the Company shall be given an adequate opportunity to examine (at the Buyer's premises, or that of his clients if preferred, providing the client is within the UK mainland) the goods as received.
- All claims for damage to or deterioration of the goods in transit shall be made in writing to the Company and to carrier engaged within (5) days after delivery of the goods and the Company shall be given adequate opportunity to inspect the goods in question at the Buyer's premises, or that of his clients, providing the client is within the U mainland.
- Any claim which is not made as required by sub- paragraphs (a), (b) or (c) above, or in respect of which the Company is not given an adequate opportunity to examine or inspect, as the case may be, shall be absolutely barred.
- Force Majeure In the event that as a matter of any Act of God, Storm, Fire, Flood, Explosion, strike, Lockout (whether the Company's premises or elsewhere), shortage of materials or any other matter which is beyond the Company's reasonable control, or not within its reasonable contemplation at the date of acceptance of the Buyer's order, the performance of the contract is made materially more onerous or expensive for the Company, the Company may at any time by written notice cancel the contract without liability to the Buyer. In the event that by the date on which the Company serves such notice of cancellation the Company has previously invoiced the Buyer with goods comprised in the contract in respect of which such a notice of cancellation is given, the Buyer shall be obliged to take up and pay for the goods so invoiced.
- Colour Matching Every attempt is made to match corporate colours and pantone references; however we cannot guarantee an exact match on substrates other than white. Where multiple items require the same logo and or colour, then variances' may occur due to the different substrates and inks used. Where a repeat order is placed, colours and or positions may vary from the original unless a previous sample is provided.
- Specifications, Warranty and Defects It is incumbent upon the Buyer to supply the Company with full and precise instructions. In the event of an order being inadequately specified the Company's artistic interpretation shall be accepted without demur. The Company shall at the request of the Buyer at the time an order is placed, on completion of artwork proof provide a copy to the Buyer for approval. In the event that the Buyer fails or refuses to authorise confirmation of the contract the cost of the proof artwork shall be for the account of the Buyer. The Company's liability is limited solely to the replacement value of the defective goods and in no event shall the Company be liable for loss of profit, indirect damage, or for consequential or special loss or damage, sustained by the Buyer.
- Copyright and Storage The Company assumes that by passing artwork etc, to them the Buyer has a legal right to the property in it, and requires the Buyer to indemnify the Company from all and any claims arising from alleged breach of copyright etc. For the sake of good order the Company hereby declares that it is not knowingly party to any misuse of registered or copyrighted designs and/or materials and under no circumstances will it accept any actions against itself whether direct, conjoined or ex parte, and the Company accepts no liability for Buyer's mistakes or transgressions in this (or any other) field. The Company maintains no insurance for the intrinsic or artistic value of any items held in trust.
We shall be entitled to make reasonable charge for the storage of any customer property left with us before the receipt of an order or after notification to the customer that work is complete. All artwork will remain our property unless otherwise requested in writing; we reserve the right to dispose of all artwork which has not been used for a period of two years without further notice and at our complete discretion. The Company does not store screens or plates on behalf of the Buyer. Screens are cleaned off after every job and repeat screens / originations are charged to the Buyer on repeat orders at a price that is laid down in the price list current at the time of order. The Company cannot supply screens or plates to the Buyer as these remain the property of the Company.
- Cancellation Once a contract subsists between the Buyer and Company the same cannot be cancelled by the Buyer except with the Company's consent and on terms which will indemnify the Company against all loss of profits.
- Law Applicable The Contract shall be read and constructed in all respects in accordance with English Law and the parties agree to submit to the English Courts in respect of all matters concerning this contract or arising therefrom and further agree that the provisions of the Uniform Law on the Sale of goods shall not apply thereto.