STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS & SERVICES OF
DIRECT MARKETING INCENTIVES & PREMIUMS LTD
5-7 CLIFF PARADE, WAKEFIELD, WEST YORKSHIRE, WF1 2TA
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 “Customer” means any person who purchases Goods and Services from the Supplier;
1.3 “Goods” means the articles specified in the Proposal;
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 “Services” means the services specified in the Proposal;
1.6 “Supplier” means Direct Marketing Incentives & Premiums Limited of 5-7 Cliff Parade, Wakefield, West Yorkshire. WF1 2TA. Company reg. no: 2594441
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3 THE ORDER
3.1 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in the Proposal.
3.2 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal.
4.2 Payment of the price shall be within 30 days or as agreed in writing between the Customer and Seller.
4.3 If the Customer fails to make any payment within 14 Days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 5% per month on the outstanding amounts.
5.1 The Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery,
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods and can at no time whatsoever be superseded by any other terms and conditions.
7. CANCELLATIONS, RETURNS AND REFUNDS
7.1 The Customer may not cancel the order at any time without the Supplier’s written consent.
7.2 The Supplier warrants that the goods will at the time of delivery correspond to the description given by the Supplier in the Proposal.
7.3 In the event the goods delivered are faulty or do not meet the Supplier’s description, the Customer must notify the Supplier in writing within 7 days. Goods cannot be returned unless agreed faulty or incorrect by the Supplier. Goods agreed to be faulty by the Supplier, will be uplifted at the Supplier’s cost and refunded or an alternative offered.
7.4 The Supplier may cancel the contract if the financial responsibility of the Customer, in the opinion of the Supplier, become impaired or unsatisfactory.
7.5 Where the goods are specified to be of a certain size, colour or material, such specifications shall be subject to a reasonable commercial tolerance.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
8.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
9 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law f the United Kingdom and the parties hereby submit to the exclusive jurisdiction of the British Courts.