2.1 (a) No binding contract shall be created by the placing of an order by the Buyer, unless and until the Company sends written confirmation of acceptance.
(b) Any variation of the conditions shall not be valid unless expressly accepted by a director of the Company in writing.
(c) No verbal representation by any employee or agent of the Company shall form part of the contract between the Company and the Buyer nor shall they be treated as constituting a representation on the part of the Company.
(d) Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
2.2 These Conditions shall also apply to the future contract for the supply of goods by the Company to the Buyer save to the extent that the Company shall from time to time advise the Buyer in writing that it has adopted revised conditions in substitution for these Conditions.
3.1 Unless otherwise stated, prices quoted are exclusive of value added tax or any similar taxes or duties levied by any government on the value of the Goods, Carriage, packing and delivery charges will be payable by the Buyer and added to the invoice as a separate item.
3.2 The price to be paid for the Goods shall be listed on the Company’s price list current at the date of despatch of the Goods from the Company’s premises.
4.1 The price of the Goods shall be paid by the date stated for payment in the invoice sent by the Company. The Buyer will reimburse to the Company all costs and expenses (including legal costs) together with interest thereon at the rate 2% per annum above (Barclays Bank) base rate, incurred in the collection of any overdue amount.
4.2 For new customers we reserve the right to request full payment prior to delivery, or part-payment only by prior agreement between both parties.
4.3 Disputes regarding colour reproduction or design interpretation may only be entered into with the Buyer once payment for goods has been settled, or once an agreed settlement has been reached with the Company.
5.1 Delivery of the Goods shall take place at the Buyer’s premises or at such other location as may be agreed.
5.2 Times quoted for delivery of the Goods are intended as estimates only and are not therefore to be treated as being of the essence of the contract.
5.3 The Company shall not be liable in any way for any direct or indirect loss, damage or expense (including loss of profits and liability to third parties) suffered or incurred by the Buyer as a consequence of any delay in delivery.
5.4 The Company reserves the right to deliver the goods by instalments in any sequence and to tender a separate invoice in respect of each instalment. Where the Goods are delivered by instalments, the Contract shall become severable and each instalment shall be deemed to be the subject of a separate contract. No default or failure by the Company in respect of any or more instalments shall entitle the Buyer to treat the Contract as repudiated or to damages.
5.5 Deviations in the quantity of the Goods delivered (representing not more than 10% by value) from that stated in the acceptance of order shall not give the buyer any right to reject the Goods or to claim damages and the Buyer shall be obliged to accept and pay at the Contract rate for the quantity of Goods delivered.