Terms and Conditions

I. Definitions

In these conditions “the customer” shall mean the person, firm or company that uses the goods, services following finalization of the transactions between Press Go Graphic Machinery Ltd “the company” or “The Company” referred to herein.

2. Acceptance and Limited of Contract.

  1. No quotation made by the company shall constitute an offer by the company.
  2. No order/work will be accepted until the company acknowledges an order/work form, which incorporates these conditions. Any terms and conditions proffered by the customer are hereby excluded.

Any order/work placed by a customer whether in writing, verbally or by fax shall be deemed to constitute an offer by the customer to enter into a contract upon these Conditions of Trade which shall be deemed to have been accepted by the company when the company dispatches an acknowledgement of order/work form. The customer shall not transfer his rights to any third party.

  1. The company reserves the right to vary the price of the goods or work by any amount attributable to:-

i.    a suspension of or any alteration to work by reasons of change in instructions or lack of instructions.
ii.   any variation in costs i.e. materials, labour, transport, duties, taxes, exchange rates, or any other costs of whatsoever nature between the date of delivery/work or completion of  payment.

4. Despatch.

The company shall endeavour to dispatch goods or complete work by the estimated date set out in the company’s acknowledgement or order/work form.

5. Delivery and passing of goods/property.

a)   Unless otherwise agreed in writing the price does not include the cost of  transportation, erection or installation.
b)  Should delivery of the goods by the company its servants or agents or carrier be affected at the customers premises the customer shall be responsible for and indemnify the company against all damages to property or injury to persons resulting there from and occasioned on those premises save and except for death or injury incurred by the negligence of the company its servants or agents.

It shall be the responsibility of the customer:-
i.   to provide unimpeded access to the position in his premises where he wishes the  goods to be installed.
ii.  to prepare the site for erection and installation of any goods.
iii. to provide all necessary mains services and connections to the site for installation of any goods.
c)  Goods shall remain the property of the company until all of the contract price and or invoice ( plus VAT where applicable) has been paid. After delivery the customer shall be responsible for and shall indemnify the company against loss or damage to the goods from whatsoever cause occurring

  1. In the event of the customer making a sale of said goods prior to the company receiving full payment of those goods the following shall apply:-

i. all monies received by the customer from such sale shall be held in trust for the company and shall be placed to the credit of a separate bank account until property in goods has passed to the customer in accordance with these conditions. Such
monies shall not be withdrawn or charged.

 

1. The company is irrevocably authorized to enter upon any premises where the goods are situated, take possession of and remove the goods at the customers expense:-

i.  at any time after the purchase price (or part thereof) has become due and has not been received in full.
ii. where the purchase price has become due or not been received in full upon the appointment of a receiver or the customer entering into liquidation or upon the customer compounding with its creditors or taking or suffering action in consequence
of dept.

6. Loss or damage in transit.

No liability will be accepted by the company for any discrepancy in the quality of the goods or any damage in transit unless notification is given in writing to the company by the customer within seven working days from delivery. Goods damaged in transit must be kept together with the packaging for inspection by the company.

7. Payment terms.

  1. Unless specified by the company in writing the purchase price of goods to a customer within the United Kingdom is payable:-
    1. 30% with order.
    2. 60% on notification that goods are available for delivery.
    3. 10% within 30 days of receipt of final invoice.
    4. No discount or allowance will be made unless stated and agreed by the company in writing.
    5. Interest will be charged per month on all outstanding accounts at the rate of one and a half percent above the Bank of England’s base rate.
    6. A basic finders fee is charged at 1% of the total cost of the goods unless otherwise agreed in writing between the customer and the company.

                                                                          

    2. In the event of the customer failing to comply with the company’s terms of payment the company reserves the right to cancel this and any other contract without prejudice to the company’s rights to recover any monies then owing to the company by the customer.

  1. 8. Warranties and Undertakings.  
  1. Save in the cases hereafter set out the company undertakes that if within the written specified guarantee period any part of the goods becomes defective (other than through fair wear and tear) and notice in writing thereof is received by the company within seven days of such discovery and the goods have at all times been used with reasonable care and by competent persons and nobody has attempted to repair or alter or otherwise interfere with the goods (without the consent of the company) the company shall send a replacement for the defective part.                                            
  1. The above warranty and undertakings are not given and are specifically excluded in the following cases:-
    i. where the goods are new and a manufacturers guarantee is available whether taken up by the customer or not.
    ii.where the goods are second hand and are bought “as seen” that is in the condition in  which the goods are at the date of contract including any defects and available for inspection either at the premises of the company or a third party whether in fact the customer inspects the goods or not.                                                                

9. Limitation of liability.

  • The company shall not be liable in any way whatsoever from any failure to comply with the terms of this contract which may be due to circumstances beyond the  control of the company.
  • The company shall not be liable in any circumstances for loss of profits, interest paid or payable by the customer, loss of orders consequential loss, loss of expenses consequent due to any disruption of business.
  • The company shall not be liable for any damage to anything arising from the goods or any defect in them and the customer shall indemnify the company against any claim in respect thereof.
  • The company shall not be liable for negligence by itself its servants or agents arising from any matters in the course of pre-contract dealings with the customer in regard to the performance of the contract.
  • The company shall not be liable for any third party conditions, representations, warranties or undertakings in connection with the goods whether implied by statute, common law, the customer or for any reason whatsoever and whether as to quality, condition, fitness for use or otherwise whatsoever.
  • The sale or supply of the goods is strictly on the terms that the customer has had every opportunity to examine and/or inspect the goods and has satisfied him/herself as to their condition and suitability. The customer also acknowledges that all specifications and details in catalogues, quotations, acknowledgement of order or similar documents or by word of mouth, forecasts of performance, dates of manufacture, dates on which goods were first used howsoever given are approximate only and do not form part of the contract between the company and the customer.
  • The company shall not be liable for any misrepresentation negligent or otherwise.

10. Health and Safety Regulations.

We advise that you arrange for your local Health and Safety Executive to inspect our installation. Should any additions/alterations to the goods be necessary in order that they comply with all applicable health and safety regulations, such additions and/or alterations will be carried out by the company with all costs and expenses incurred to be borne by the customer and paid to the company on demand.

 

11. Service work. Invoice payments and conditions.

  • Please make cheques payable to Press Go Graphic Machinery Ltd.
  • Payment strictly within 30 days.
  • In the event of the customer failing to comply with the company's terms of payment, the matter will be passed on to a debt collecting agency without further notice.

12. Legal.

This contract is governed and shall be interpreted in accordance with and by the laws applicable at the time in England and the parties hereto shall both submit to the jurisdiction of the English courts.

 

 

 


© Copyright Aranea Graphics 2008                                     Press Go Graphic Machinery Terms and Conditions