CONDITIONS OF SALE

 

All sales are subject to the Conditions of Sale which are detailed below. Brilliant Promotions
Company Ltd trading as Flashdrive-USB is referred to as "the Company".
The Conditions of Sale will form the contract between the Buyer and the Company

1.1 All goods and services are supplied on these conditions to the exclusion of any terms or conditions  supplied by the buyer and any representation, warranty or communication even if submitted in a latter document.

1.2 Quotations shall only be available for acceptance for a maximum period of five days from the date thereof and may be withdrawn by the Company within such a period at any time by writing or oral notice.  All quotations and orders are accepted subject to these conditions.

2.1 Unless otherwise stated, all prices: are net ex-works and apply only to the total quantities and delivery dates specified. Additional costs incurred by us on account of any alteration made at the buyers request to quantities, delivery dates or rates, or agreed changes in specifications, shall be bourne by the buyer.

2.2 All prices are based on current costs at date of quotation and are subject to increase to the extent of any subsequent alterations in exchange rates, new or increased taxes, levies, duties or of other  imports  or of any increase in the costs of or relating to manufacture or delivery and are exclusive of VAT which will be charged ( where applicable ) at the current rate at time of delivery.

3.1 All orders, save under special circumstances, are to be paid by PROFORMA invoice and such invoices are to be paid by the buyer upon demand. Accepted forms of payment are by cheque, or BACS or bank transfer.  Tax invoices shall be forwarded upon delivery.

3.2 In special circumstances the Company may agree to 30 days credit from date of invoice to accredited accounts only, subject to status.  In such circumstances, unless otherwise agreed by the Company in writing,  payment without any cash discount or other deduction whatsoever shall be made within 30 days following the date that the goods are dispatched or would have been dispatched save for postponement. Where accredited accounts have been established, in certain circumstances, PROFORMA may still be required.

3.3 No disputes arising under the Contract, nor delays beyond the control of the Company shall interfere with the prompt payment by the customer.

3.4 If payment is overdue the Company may suspend, without notice, performance of any of its obligations for in the event of default, any payment by the customer in accordance with the agreed terms the Company shall be entitled to charge interest on any amount outstanding at the rate of 5% per month above the base rate in force at the relevant time.

4.1 Once authorised artwork has been received and accepted by the Company, any alteration or change thereafter will be charged for, providing production has not commenced. Once an artwork proof will be provided on request, to be authorized by the Buyer, before production can commence. Once the artwork proof is authorized by the Buyer, production will commence without delay. Once production has commenced, no changes or alterations will be accepted.  Proofs may be charged for at a nominal rate. A pre-production sample may be requested, subject to production times, availability  and delivery requirements, and is charged extra.

5.1 The time and place of delivery shall be specified in the Confirmation of Order.  All delivery dates or periods are approximate only and while every effort will be made to meet them, the Company will not accept responsibility or liability if any delivery dates are not met. Deliveries may, in any event, be postponed or suspended, without liability during any period in which circumstances of any kind outside our control hinder or prevent the manufacture or dispatch of the goods or delivery of the goods to the address specified on the Confirmation of Order.

6.1 If the Buyer cancels the order at any time, or defaults in payment, the full value of the order shall fall due and be payable on demand. Any additional costs and losses incurred in the cancellation of the order or default in payment shall be borne by the Buyer.

6.2 If the Buyer cancels part of an order, at any time, the Buyer shall forthwith upon demand pay any costs and losses incurred by or on behalf of the Company in dealing with such cancelled orders. If the Buyer places the goods “on hold” or otherwise refuses delivery then the Company retains the right to levy a storage charge  on the Buyer together with any other costs incurred.

7.1 Where delivery of goods is to be effected by two or more installments and the quantities or specifications to be comprised in each installment are not specified in the Contract, the Company will be entitled to supply each installment of the goods in such quantities and specifications as the Company in its absolute discretion thinks fit.

8.1 Unless otherwise specified, the cost of freight is included. All freight is insured with standard Marine Insurance. Additional insurance, at the Buyers request, is charged extra. The Company must be notified prior to shipping if the Buyer requires additional insurance.

9.1 Claims for non-delivery of all or part of the consignment must be notified in writing within 7 days after the notified or actual delivery date. All claims and liabilities are excluded after that time.

9.2 Claims arising from damage to goods and or packaging in transit must be notified upon receipt to both the Carrier and the Company, with a note to the effect being made on the Carrier’s delivery docket.  All claims and liabilities are excluded after that time. Goods and packing materials are to be retained for inspection purposes. Where the Buyer specifies a Third Party Carrier, all risk and liability, including loss or damage in transit, passes to and lies with the Buyer from point of dispatch. All costs pertaining to use of Third Party Carriers shall be borne by the Buyer unless otherwise agreed to in writing.

9.3 In the absence of a claim within the terms previously mentioned above, the goods shall be presumed to have been delivered and accepted in accordance with the contract and the Company shall not be liable for loss or liability  in any way whatsoever.

9.4 The Buyer shall have determined the suitability of the goods for its intended use and will not rely upon any representations made by or on behalf of the Company.

9.5 The Buyer shall not be entitled to reject goods for any reason including those where the goods are allegedly defective or do not conform to description, and shall not be grounds for the Buyer to withhold any payment due to the Company,  and shall not give any  right of set off against any payment due from the Buyer to the Company, but we shall at our option and expense  replace any  goods where the Company have agreed that the goods are defective or do not conform to description,  if written particulars of the alleged defect or misdescription are received by the Company no later than 7 days after the delivery date. The goods must be held for our inspection.

9.6 It is the Buyers responsibility to ensure compatibility of any goods offered for sale by the Company with the existing components within the Buyers or their customers system and also to ensure proper installation of those goods into the Buyers or their customers system. Where the Company is not the manufacturer of the goods we shall endeavour to transfer to the Buyer the benefits of any warranty or guarantee given to the Company by its suppliers.

9.7 The Company warrants that upon delivery and for a period of 180 days from the date of delivery the goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979

9.8 In the event that a defect occurs with the goods the Buyer will notify the Company in writing within 7 days of the time of delivery. In the event that the Company agrees with the Buyer that there is a defect in the goods within 7 days of delivery the Company will replace the goods free of charge. If a defect occurs within 180 days from the date of delivery to the Buyer the Company will repair the defect free of charge. We shall not be liable for breach of any warranty if the buyer makes or allows further use of the goods after giving written notice. or alters the goods in any way.

9.9 Where the Buyer notifies the Company of a defect within the terms described above the Buyer shall at the request of the Company provide samples and any other information requested by the Company to the premises of the Company at the Buyers expense for the purposes of testing and evaluation. A reasonable period of time will be allowed by the Buyer in order to facilitate such testing and evaluation especially where such testing and evaluation is conducted by the suppliers of the Company and the Buyer shall provide any information that the Company or its suppliers shall request. Where the Company conducts testing and evaluation and the goods are found to be not defective, all costs and expenses relating to the testing and evaluation shall be borne by the Buyer.

10.1 Where the Buyer has requested the Company to transfer data onto the goods the Company shall not be liable for the content or quality of such data or the quality or effectiveness of its transfer.

11.1 Specifications may be changed without prior notice. We may deliver goods of a different description or  specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.

11.2 Where it is specified that the print shall be of a certain colour, size, or position, such specifications shall be subject to reasonable commercial variation. For screen or pad print, reasonable commercial variation includes variation due to product material and product base colour.

12.1 The Company shall not be liable for consequential or indirect loss suffered by the Buyer, whether this loss arises from a breach of duty in contract or in tort or in any other way (including loss from the Company`s negligence).

13.1 Our liability in terms of those conditions in lieu and to the exclusion of all other warranties, conditions or obligations imposed or implied in relation to the quantity or description of the goods or their fitness for any particular purpose.         

14.1 The Buyer shall indemnify us against all claims for infringement of Third Parties patent copyright or other industrial or intellectual property rights and all costs and expenses incurred in connection therewith arising from the execution of the Buyers designs, patterns or specifications.

15.1 Where the Buyer requires the goods purchased to be delivered to a Destination outside  the United Kingdom, all subsequent import taxes, tariffs and duties and administrative costs relating to the import to that Destination are the sole responsibility of the Buyer and or their Agents.

15.2 If the Buyer shall become bankrupt or insolvent or compound with creditors, or proceedings are commenced for the liquidation of the Buyer or if a receiver is appointed with all or any part of its assets or undertakings, the Company shall be entitled to cancel the contract in whole or in part by notice in writing, without prejudice to its other rights within the Contract.

16.1 This Contract is non-transferable. All obligations of the Buyer under the aforesaid Conditions of Sales and terms contained within this Contract shall remain with the Buyer until such times as the Buyer has discharged their obligations in full to the satisfaction of the Company.

17.1 FORCE MAJEURE. The Company shall not be liable for any delay, loss or damage caused wholly or in part by an act of god, governmental restriction condition or control, or by reason of any other act done or not done pursuant to a trade dispute whether such dispute involves its servants or not or by reason of any other act, matter or thing beyond the reasonable control of the Company.      

This Contract shall be governed and interpreted exclusively according to the Laws of England and both parties will submit to the said jurisdiction.

 



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