Interpretation.

  • In these Conditions "Buyer" means the person, firm, body or company who buys the Goods under the Contract. "Goods" means the goods (including any instalment of goods or any parts for them) which the Seller is to supply under the Contract.
  • "Seller" means Universal of Nostell Priory, Doncaster Road, Wakefield, WF4 1AB
  • "Contract" means the contract for the purchase and sale of the Goods. "Working Day" means any day of the week excluding Saturdays, Sundays and public holidays.
  • "Special Order" means an order for Goods embodying or utilising material supplied by the Buyer including bespoke goods incorporating the Buyer's corporate identity, trade mark/name or for Goods similar but not identical to goods in the Seller's catalogue from time to time.

Basis of Contract.

  • These Conditions shall govern the Contract to the exclusion of any other terms or conditions whether put forward by or on behalf of the Buyer or whether implied by law insofar as exclusion of the same is reasonable.
  • The placing by the Buyer of any order shall constitute an offer by the Buyer. No contract shall come into existence unless the Seller accepts the Buyer's order orally or in writing or in the absence of either if the Seller delivers the order in whole or in part. Special Orders will only be considered for acceptance by the Seller until all and any material and/or special instructions or requests have been supplied by the Buyer. The acceptance by the Seller of the Buyer's creditworthiness.
  • All orders submitted by the Buyer must be accurate and made in good time to allow the Seller to perform its obligations under the Contract.

Orders and Quotes.

  • In accepting a quote or placing an order for the Goods the Buyer acknowledges that all information and specifications relating to the Goods and any material produced by the Seller are approximate only. Any error in any quote, sales literature or other document issued by the Seller may be corrected without any liability to the Seller.
  • All orders submitted by the Buyer must be accurate and made in good time to allow the Seller to perform its obligations under the Contract.

Price.

  • Any price quoted by the Seller is based upon costs current as at the date of quotation. The price charged to the Buyer under the Contract may be changed to take account of costs current at the date of the invoice. The price for the Goods is exclusive of value added tax, which shall be charged where appropriate at the date prevailing at the relevant tax point.
  • The Seller may by giving notice to the Buyer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of supplying the Goods which is due to any factor beyond the control of the Seller.
  • The price of the Goods includes delivery to the premises specified in the Buyer's order unless: the value of the order is less than £50; the premises specified in the order are outside the UK or are not the Buyer's usual business address; or where clause 7.4 below applies in which case the Seller reserves the right to make an additional charge the amount of which is detailed in the Seller's then current price list.

Payment Terms.

  • The Seller may invoice the Buyer for all sums due under the Contract after the Seller has (as the case may be) notified the Buyer that the Goods are ready for collection; or delivered or tried to deliver the Goods.
  • The Buyer shall pay the Seller's invoice in full without deduction or set-off within 30 days of the date of invoice or in the case of invoices consolidating separate deliveries within 15 days of the date of invoice. Time for payment shall be of the essence of the Contract.
  • If the buyer fails to pay on the due date then the Seller (notwithstanding that delivery may not have taken place and that title to the Goods shall not have passed to the Buyer) may sue the Buyer to recover the sum due to it; terminate the Contract; suspend any further deliveries to the Buyer until all debts are paid in full; charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the annual rate of 3 per cent over Natwest Banks Base Rate on a daily basis; and by the Seller giving notice in writing to the Buyer, cancel any other contract between the Buyer and Seller.
  • The Seller shall be entitled to charge the Buyer for work carried out, materials specially ordered and any other additional charges incurred by the Seller including storage costs where: at the request of the Buyer work is suspended or as a result of default by the Buyer delayed for 30 days or more; and/or the Buyer cancels a Special Order, and such right of the Seller is without prejudice to any other rights or remedies it may have against the Buyer.

Specifications and Materials.

  • The Seller may make any changes in the specification of the Goods to conform with any statutory or European Union requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance. The Seller reserves the right to modify any product, design or construction specification without notice, should this be desirable for any reason.
  • All illustrations dimensions and specifications are approximate only and are intended to present a general idea of the Goods and the Seller shall have no liability in respect of any deviations there from. In the event of any material error, omission or other defect in the illustration, dimension, specification or price, the Buyer shall be entitled to reject the Goods by giving notice under clause 13.3.
  • Proofs of all artwork may be submitted for the Buyer's approval and the Seller shall incur no liability for any errors not then corrected by the Buyer. The Seller may charge for any additional proofs which it prepares in response to the Buyer's alterations. When style, type or layout is left the Seller's discretion, alterations made by the Buyer shall also be chargeable.
  • The Seller shall not be required to print any matter which in its opinions is or may be of an illegal or defamatory nature or any infringement of copyright, patent, design or of any other proprietary or personal or other rights of any third party. The Buyer hall indemnify and keep indemnified the Seller in respect of any claims, demands, damages, costs and expenses, including reasonable legal expenses arising out of any defamatory or illegal matter or any infringement of copyright, patent,
    design or of any other proprietary or personal rights contained in any material printed for the Buyer and/or which result in a breach or potential breach of any law, stature, statutory instrument or regulation. This indemnity shall extend to any amounts paid on legal advice in settlement of any claim.
  • The Buyer's property and all property supplied to the Seller by or on behalf of the Buyer shall whilst it is in the possession on the Seller or in transit to or from the Buyer to be at the Buyer's risk unless otherwise agreed, and the Buyer shall insure accordingly. The Seller shall be entitled to make a reasonable charge for storage of the Buyer's property left with the Seller prior to the receipt of the order or after the Seller notifies the Buyer of the completion of the work.
  • Metal, film, glass and other materials owned by the Seller and used by it in the production of type plates, moulds, stereotypes, film setting, negatives, positives and the like, shall remain its exclusive property. Any such items supplied by the Buyer shall remain shall remain the property of the Buyer.
  • The Seller may reject any paper, plate or other materials supplied or specified by the Buyer which appear to the Seller to be unsuitable. Additional costs incurred by the Seller if the materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional costs could have been avoided but for the unreasonable delay by the Seller in ascertaining the unsuitability of the materials then that amount shall not be charged to the Buyer.
  • Where materials are supplied or specified by the Buyer, the Seller will take every care to secure the best results using those materials, but the Seller will not be liable for imperfect work caused by defects in or unsuitability of the materials. Quantities of materials supplied to the Seller shall be adequate to cover normal spoilage.