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1. The sale of goods by Target Transfers Limited (hereinafter referred to as 'the company') is governed by the following conditions except where modified and agreed by the Company in writing they shall be deemed to apply to the buyer.
2. Delivery dates (including Custom Prints) are given in good faith. The Company shall not be responsible for any failure to fulfil any term of this Agreement. If fulfilment has been delayed, hindered or prevented by any circumstances not within the control of the Company, or by shortage of supplies required for or in connection with the manufacture of the goods or by compliance with any order or request of any national or local port or any other authority. If the Company is at any time so delayed or hindered in delivering or so prevented from delivering the quantities which it is under contract with the buyer or any other person at that time, the Company shall be at liberty to withhold, suspend or reduce deliveries to such extent as the company in its discretion may think fit. No claims shall be made by the buyer by reason of late delivery. Each delivery shall be deemed to constitute a separate contract and difference or default in respect of one delivery shall not affect the other deliveries.
3. The Company hereby guarantees that the goods sold shall be of merchantable quality at the time of sale. The Company will replace all goods delivered found or agreed not to be of merchantable quality at the time of delivery free of cost to the buyer. No description of any of its products given by the Company constitutes this a sale by description. The Company's liability is expressly limited to the replacement of goods agreed not to be of merchantable quality under this guarantee and placed at the Company's disposal. All warranties implied by statute are hereby unaffected.
4. The current published price list illustrates prices at that date. The Company reserves the right at any time before despatch, to vary the price of goods to take account of any increases in the cost of raw material, manufacture, packaging, transport or wages, or by any cause of any kind whatsoever not foreseen at the date of the contract.
5. Should the Company be delayed in or prevented from making delivery owing to Act of God, war, civil disturbance, requisitioning, prohibitions of enactment of any kind, import or export regulations, strike, lock-out, trade dispute, difficulty in obtaining workmen or materials, machine breakdown, fire, accident or any other cause whatsoever beyond the Company's control, the Company shall be at liberty to cancel or suspend the contract without incurring any liability for any loss or damage resulting therefrom.
6. All prices are quoted NET of VAT. Payments made to TARGET TRANSFERS LTD, Anglia Way, Chapel Hill, Braintree CM7 3RG. If payments from the buyer to the company for all the goods delivered in accordance with the details specified on the Company's internal order(s) or the buyer's order(s) are outside the normal credit terms agreed by the Company with the buyer, the Company shall (without prejudice to its other rights) be entitled, upon giving written notice to the buyer, to treat the contract as repudiated by the buyer in respect of further deliveries. The Company reserves the right to charge interest on outstanding accounts at 2% per month. The Company requires the 50% order value for Custom Print work (cleared through the Company's Bank account) before commencing production, balance on completion.
Custom Print orders are NOT subject to cancellation. Quotations valid 30 days from date of issue.
7. Any breach of the Company's Conditions of Sale may result in discounts being cancelled or suspended as the Company shall see fit.
8. Until full payment has been made of all sums outstanding from the buyer to the Company (including debts arising before the date of the contract) all the property in the goods shall remain in the Company. Goods will become the risk of the buyer when presented for delivery at the buyer's premises (via commercial carrier's vehicle) or collected from the Company's premises (via his carrier or other legal agent). The Company shall also have full legal and beneficial ownership in any new product into which the goods are converted. The buyer shall keep and store the goods and any new products in such a manner that they can be identified as being the property of the Company. The buyer shall be at liberty to sell the goods (or any new products described above) in the ordinary course of business and the benefit of any sale shall be the property of the company and held in trust for the company absolutely. The company may by written notice terminate the buyers power of sale at any time if the buyer goes or threatens to go, or goes into liquidation; and at any time after the termination of the power of sale, the company may repossess the goods (and the new products described above) and the buyer herby grants to the company an irrevocable license to enter upon any premises of the buyer for the purpose of so doing.
9. The Company's liability for damages under this contract shall in no case exceed the purchase price of the goods claimed to be defective, if goods supplied by the Company fail to conform to the express terms of the order, the Company shall have the option of bringing the goods into conformity with the order requirement or taking them back and refunding the price. All sales are final. No goods shall be returned to the Company without the Company's written permission, goods returned without the proper authority will be returned unopened (uninspected) to the customer and the customer held liable for costs involved in reshipment. Claims must be made within FOURTEEN working days of the date of despatch of the goods by the Company (UK mainland).
10. No claim for damages or short delivery can be entertained unless notified to the Company or the carrier within 24 hours of receipt, and confirmed in writing within five days. Claims for non-delivery must be notified to the Company in writing within 21 days of invoice date. In the case of goods consigned overseas, the buyer should notify the Company of any complaint in writing within 28 days of delivery and/or invoice date.11. The Company Cannot be held liable for, and the buyer shall hold the Company harmless against, any expense or loss resulting from the infringement of patents, trade marks, registered designs, or copyright, arising from compliance with the buyer's designs,
specifications or instructions. The buyer shall be responsible for, and shall at his expense, indemnify and defend the Company against all claims founded upon the legal effects and use of any words, designs or devices, which the buyer may order or be imprinted or placed on the goods notwithstanding that the Company may have been consulted thereon or performed artwork or other special services in connection therewith. The Company shall not be responsible to the buyer for any use made of its products so as to infringe any patent or registered design or copyright.
12. All artworks, films, negatives, positives, screens, disk, etc. used in the course of production shall remain the exclusive property of the Company, irrespective of any charges which may have been raised by the Company to the buyer. The cost of any changes (authors corrections) after proofs have been prepared shall be for the Buyer's account. No charge will be made for any technical advice furnished by the Company, and the Company assumes no obligation or liability for the results or conclusions reached, all such advice being accepted at the Buyer's risk.
13. The Company shall not be responsible for any consequential loss howsoever arising. All recommendations and advice given by the Company or its servants or agents to the Buyer or its servants or agents as to the mode of storing, applying or using the goods are given without liability on the part of the Company or its servants or agents. The Company shall be under no liability if the Company is unable to carry out any provision of the order for any reason beyond the Company's control. During such contingency the Buyer may, by written notice, elect to terminate the order and pay for work done and materials used, but shall otherwise accept delivery when available. The Company will make every endeavour to deliver correct quantity ordered, but estimates are conditional upon margins of 10% being allowed for overs or shortages, to be charged or deducted at the basic price per unit.
14. The Company expressly excludes the application of the Uniform Laws on International Sales to these Conditions of Sale and to any contract made between the Company and the Buyer. The buyer's acceptance of the order is deemed to be an acceptance to these Terms and Conditions and the buyer shall by reason thereof have expressly agreed to exclude the said Uniform Laws on International Sales. The Law of England shall apply to these Conditions and to any contract for the supply of goods between the Company and the buyer unless expressly agreed by the Company in writing. All disputes, which arise out of or in connection with this order, shall be submitted to the London Court of Arbitration.
15. Should any provision of these Terms and Conditions be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of all other provisions of these Terms and Conditions shall not be effected.
16. All duties and charges are for the buyer's account unless the goods are sold free delivered. Any increase in the cost of delivery (i.e. carriage, freight import, Customs duties and insurance) over the calculated cost at the date of acceptance of order and the cost of insurance against Marine, War and other risks and Consular Certificate shall be for the buyer's account, whether the goods are sold free delivered or not. Any certificate which may be rendered by the Company in insuring goods during transit and shipping goods or in any way relating thereto, including the preparation of bills of lading and of other documents, are rendered gratuitously and no liability whatsoever shall attach to the Company for any act, neglect or omission of the Company of its agents or servants in connection therewith. Disputes of any kind do not entitle the buyer to withhold payment for goods off-loaded at port of destination.
17. Errors and omissions on invoice cannot be held as binding by the buyer at any time whether or not the trading relationship of the Company and buyer is still in existence.
18. The Company reserves the right to alter specifications and design without prior notice.
19. The Company will not accept multiples of defective garments printed by the buyer. It is the buyer's responsibility to ensure that the garments are not defective before committing them to a print. The buyer must inspect transfers for defects prior to application to garments. The Company will only accept responsibility for a maximum of two garments (maximum value £10 each or such value as it may determine from time to time).
20. Products subject to licensing agreements (see catalogue entries, including items with the letter L after the code e.g.: LPK617L) are for sale through PERSONALISING RETAIL OUTLETS ONLY and for application to T-Shirts and Sweatshirts ONLY. These items may not be sold on garments pre-printed prior to the point of sale, via wholesale, mail-order, or conversion via third party manufacturer or otherwise.
21. Goods purchased for sale or use outside the jurisdiction of English Court shall be the responsibility of the purchaser. The buyer must ensure that such sale or supply conforms to local laws, regulations and standards. The Company cannot accept liability for any breach thereof.
22. Goods are dispatched by first class post or overnight delivery and are subject to a postage and packing handling charge.
23. When fusing to Customers own garments we undertake to use our best endeavours to minimise rejects. We retain the right to remain unharmed for up to 2% of garment rejects. Thereafter compensation shall in any event be limited to the wholesale price of the garment.
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