Impact Souvenirs Limited Terms and Conditions and General Trading Information
These terms and conditions apply to all orders and supersedes all others. Payment of pro-forma invoice or receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
1. PAYMENT TERMS
1.1 All goods will be supplied against a pro-forma invoice unless otherwise agreed.
2. PASSING OF TITLE AND RISK
2.1 The Risk in the goods shall pass to you on delivery.
2.2 All goods, delivered or not, remain our property until payment is received in full.
3. PRODUCT
3.1 We reserve the right to alter any sizes, details or designs of the products illustrated without notice and while every effort is made to describe goods accurately no warranty is given as to accuracy and no responsibility will be accepted for error of description and any resulting loss.
3.2 None of our products are sold as dishwasher proof. We recommend washing our products by hand using a soft non abrasive cloth.
4. QUOTATION AND CONTRACT
4.1 Orders are accepted subject to our right to adjust prices quoted to take account of any changing of law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you or cancel the contract. Quotations are valid for 30 days unless otherwise stated.
5. PRICES
5.1 All prices quoted are subject to VAT at the current rate if applicable.
6. DELIVERY
6.1 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. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
6.2 Special rush deliveries can be arranged but will be subject to additional charges (eg rush print charges and rush delivery charges), which will be agreed beforehand and charged to you at current commercial rates.
7. QUANTITY VARIATION
7.1 We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of the printed goods ordered and you will be charged at the contract rate for the exact quantity delivered.
7.2 Should you order less than the minimum order pack size we reserve the right to increase to quantity up to the minimum order pack size.
8. CLAIMS
8.1 Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days.
8.2 All claims with regard to the quality and 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 the quality and quantity with the terms of the contract. We may request a photograph sent electronically to help speed up processing your claim.
8.3 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.
9. LIABILITY
9.1 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.
9.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with notification of the claims procedure set out in clause 8.
9.3 Nothing in these terms and conditions shall affect the right of a consumer.
10. CANCELLATION CHARGES
10.1 A charge will be made on all cancelled orders, together with the charge for all work carried out to the date of written cancellation. This may include a restocking fee or origination/print charges.
11. SAMPLES
11.1 These will be submitted to you on request for approval purposes and will be charged at cost.
12. QUANTITY CHANGES TO ORDERS
12.1 Any changes to the quantity ordered must be made in writing to us prior to commencement of processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order. Any decrease in quantity may be subject to higher charges and other costs.
13. ARTWORK COSTS AND PRINTING
13.1 We offer 1 hour complimentary artwork time. Additional artwork charges will be charged at £50.00 per hour exc. VAT.
13.2 Where applicable the prices shown include CMYK printing using high resolution artwork . The standard printing colours will vary by each decoration process. We will endeavour to match your colours as close as possible but where you specify non‐standard CMYK printing colours, there may be an additional special match charge. Print colours will vary between products due to the different inks and substrate used.
13.3 Artwork that has been approved in writing, either electronically via email or signed and returned, is deemed full and final responsibility of the client and we cannot be held responsible for any errors in artwork there in.
13.4 The entire copyright throughout the world in all digital artwork, designs, photographic transparencies, negatives or positives any other artistic craftsmanship made by or for Impact Souvenirs Limited. pursuant to or in implementation of any contract with the customer shall belong to Impact Souvenirs Limited.
14. MINIMUM ORDER QUANTITY, CARRIAGE PAID VALUE AND SMALL ORDERS
14.1 Minimum order value = £200.00 exc. VAT. Carriage cost for a minimum order is £13.95 exc. VAT or above depending on weight and location.
14.2 Carriage paid order value = £450.00 exc. VAT.
14.3 Where you require a quantity smaller than the minimum order pack size shown in the brochure. This is sometimes possible, but will carry an additional surcharge of £10 per product ordered.
15. FORCE MAJEURE
15.1 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 such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or part without incurring any liability whatsoever to you. Force majeure includes (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government.
Thank you, and I look forward to hearing from you soon.