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Terms & Conditions
Goods are not tested or sold as fit for any particular purpose and any term warranty or condition express implied or statutory to the contrary is excluded. In no circumstances whatsoever shall the Sellers liability (in contract form or otherwise) to the Buyer arising under out of or in connection with this contract or the goods supplied hereunder exceed the invoice price of the particular pieces concerned and the Seller shall be under no liability for loss or damage or delay howsoever arising caused by circumstances outside his control. In the case of sale by sample the Seller does not undertake that the bulk shall correspond with the sample in colour, exact dimensions or quality. This provision shall not apply to consumer transactions to the extent to which it would, by virtue of the Unfair Contract Terms Act 1977 be void.
If and to the extent that any person by whom the Seller has been supplied with the goods supplied hereunder (hereinafter referred to as the Supplier) validly excludes restricts or limits his liability to the Seller in respect of the said goods or of any loss or damage arising in connection with the said goods, then the liability of the Seller to the Buyer in respect of the said goods shall be excluded, restricted or limited to the extent to which the Supplier is liable to the Seller in respect of the Seller’s liability to the Buyer and no further. Any term, warranty or condition express or implied or statutory is excluded. The Seller will upon request, supply the Buyer with details of any such exclusion or restriction.
The property in the goods shall not pass to the Buyer until the Buyer has paid the Seller the whole price thereof. If notwithstanding that the property in the goods has not passed to the Buyer, the Buyer shall sell the goods in such a manner as to pass to a third party a valid title to the goods, the Buyer shall hold sufficient proceeds of such a sale so as to satisfy the Buyer’s indebtedness to the Seller on trust for the Seller. Proceeds of such a sale held on trust on behalf of the Seller shall be kept separate and readily identifiable as such. The Buyer agrees that prior to the payment of the whole price of the goods the Seller may at any time enter upon the Buyer’s premises and remove the goods therefrom and that prior to such payment the Buyer shall keep the goods separate and identifiable for this purpose. Nothing herein shall constitute the Buyer, the Agent for the purpose of any such sub-sale. Notwithstanding that property in the goods shall not pass to the Buyer save as that provided above, the goods shall be at the risk of the Buyer from the time of collection by or delivery to him of the goods or after the expiration of any agreed rent free period, whichever is the earlier. Any delay caused by the unreasonable act or default of either party causing the delay. Notwithstanding the preceding provisions of this clause, the Seller may, at his sole discretion and at any time by notice in writing to the Buyer, transfer the property in the goods to him.
If the Buyer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay his debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him the Seller without prejudice to other remedies shall have the right not to proceed further with the contract or any other work for the Buyer and be entitled to charge for the work already carried out (whether completed or not) and materials purchased for the Buyer: such charge to be immediate debt to him, and in respect of all unpaid debts due from the buyer and all work in hand for the Buyer have a general lien on all goods and property in such manner and at such price as the Seller thinks fit and to apply the proceeds towards such debts.
Buyer’s property and all property supplied to the Seller by or on behalf of the Buyer will be held at the Buyer’s risk. Whilst every care will be taken to secure the best results where materials or equipment are supplied by the Buyer no responsibility will be accepted for imperfect work due to or caused by defects on or unsuitability of such materials or equipment. Where the Buyer supplies materials adequate quantities shall be supplied to cover spoilage.
Quotations are based on current costs of production and are subject to amendment by the Seller on or at any time after acceptance to meet any rise or fall in such costs.
Notice of any claim arising out of or in connection with this contract must be given, in writing, to the Seller within 7 working days from the date that the goods are collected or delivered, failing which all claims (other that claims arising out of or in connection with defects not discoverable upon reasonable examination of the goods) shall be deemed to be waived and absolutely barred. In any event the Seller shall be under no liability for shortage or damage in transit or fir deviation mis- delivery delay or detention unless the Seller and the Carrier are advised thereof in writing otherwise than upon a consignment note or a delivery document within three days and a claim is made on the Seller and the Carrier in writing within 7 days after termination of transit as defined under the current conditions of carriage off the Road Haulage Association. All deliveries made other than by the Seller’s contract Carrier at the direction or request of the Buyer shall be absolutely at the Buyer’s risk and all costs incurred will be charged to the Buyer’s account.
On all personalised merchandise we reserve the right to over or under ship by 10%. Should a guaranteed minimum be required a 10% overrun must be allowed for. The Buyer shall pay the Seller for the actual number of pieces supplied whether the number shall be more or less than the number ordered.
Work produced whether experimentally or otherwise at the Buyer’s request shall be charged for. All origination remains the property of the Seller and the Seller shall. At all times, retain the Copyright thereof. Such origination shall not be used without the express consent in writing of the Seller. The Seller reserves the right to use all design work submitted to it by the Buyer and all origination prepared by or on behalf of the Seller for its own advertising purpose.
Any description of the goods sold is given by way of identification only and shall not constitute a contract of sale by description nor shall the production or exhibition of a sample prior to the placing of an order be taken to constitute a sale by example.
No warranty that the goods sold do not infringe the patent rights of a Third Party is given or is to be implied. If they are manufactured to the Buyer’s design or according to the Buyer’s instructions, the Buyer shall indemnify the Seller in respect of any alleged infringement and on discovery of such infringement the Seller shall be at liberty to terminate the contract and receive payment for all goods supplied, made up or allocated to the Buyer whether or not such goods shall have been delivered or collected.
The construction validity and performance of any contract concluded between the parties shall be governed by the law of England and any legal proceedings in relation to such contract shall be submitted to the jurisdiction of the English Courts without prejudice to the Seller’s right to bring any such proceedings before the courts having jurisdiction in the Buyer’s place of residence for business.
Returns will not be accepted unless agreed with the Seller beforehand. A repair will be carried out or a replacement sent at the option of the Seller.
All prices quoted are exclusive of Value Added Tax where applicable. Payment for the goods shall be made on or before the date fixed in accordance with the terms agreed between the Buyer and the Seller for the operation of the account between them, in the event that payment shall not have been made by such date the Seller shall be entitled to recover from the Buyer interest on any outstanding balance at the rate of 3% above base rate of the Seller’s bank for the time being in force for the period from such date until the day of payment or such higher rat as may from time to time be permitted by the count courts of England & Wales.
Overseas orders, including Eire, a bank draft or letter of credit payable on sight by a U.K. bank must accompany order.
We reserve the right to alter specifications or design without prior notice.
Where these Terms and Conditions in any way conflict with any terms on which the Buyer has purported to have purchased the goods, then the provisions of any such terms of the Buyer shall be deemed to be ineffective to the extent that they are inconsistent herewith. This provision shall not apply to consumer transactions to the extent to which it would, by virtue of the Unfair Contract Terms Act 1977, be void.
In these Terms and Conditions “The Seller” shall mean AUGUSTA GOLF PRODUCTS LTD. “The Buyer” shall mean the person, persons or company whose name and address shall appear in the Buyer’s written order.
All prices assume that camera ready Artwork where applicable, will be supplied by the customer.
Whilst every effort is made to match colours as closely as possible, the colours available for Hot Foil Blocking, Indirect Gravure and Screen Printing are limited to standard ranges.