1. These terms and conditions apply to all orders and supersede all others. A signature or acknowledgement to proceed with an order by you constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding and purported terms put forward by you.
2. PAYMENT TERMS
2.1 Payment shall be made in full within 15 days of invoice date, not withstanding that the property in the goods may have passed to the purchaser, unless special settlement terms have been agreed by us in writing. The time of payment of the price specified shall be of the essence of the agreement for the purchase and sales of the goods in accordance with our terms and conditions.
2.2 Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the right to cancel any such discounts to accounts which become overdue.
2.2 Goods remain the property of Sporty Thoughts until paid for.
2.3 In the event that any customer order is cancelled, then Sporty Thoughts reserves the right to invoice any costs Incurred as a result of the cancellation.
2.4 Unless otherwise agreed payment is to be made within 30 Days of the date of the invoice. All overdue accounts are liable to a 10% monthly charge.
3. PASSING OF TITLE AND RISK
3.1 The purchaser shall be responsible for the goods being suitable in every way for the purpose for which they are intended to use them and no warranty, condition or representation is given by the sellers as to the fitness of any goods for any particular purpose.
3.2 All goods delivered or not, remain our property until payment is received in full.
3.3 Until such time as payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event on non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purposes.
3.4 The risk in the goods shall pass to you on delivery.
4. QUOTATIONS AND CONTRACTS
4.1 Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or government regulations requiring us to increase prices by way of direct taxation, import duties, custom and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you.
4.2 To ensure accuracy all orders must be confirmed by fax or post or email. Telephone orders cannot be processed until written confirmation has been received. All changes to purchase orders must be confirmed in writing and are subject to all costs incurred until the date of our acknowledgement or change.
5. PRICES & QUOTATIONS
5.1 All prices are ex-warehouse and exclude VAT at the current rate.
5.2 A quotation shall only constitute an invitation to treat. All orders are subject to acceptance by the seller, the purchasers’ acceptance of delivery of said acknowledgement of orders shall be deemed to include acceptance of these general conditions.
5.3 Unless otherwise agreed, the price of the goods will be that ruling in the Seller’s price list at the time of going to press. However, due to fluctuations beyond the Seller’s control, the Seller shall be entitled to amend its price list from time to time without notice. It is advisable to confirm costs prior to ordering.
6. DELIVERY & SHIPPING
6.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
6.2 Special rush deliveries can usually be arranged but will usually be subject to additional charges (e.g. rush print charges and rush delivery charges) which will be charged to you at current commercial rates.
6.3 Goods are shipped using a third party. The seller cannot take responsibility for any failures of third party couriers. Buyers are encouraged to arrange collection.
6.4 Every effort will be made to deliver on time, but any delivery day specified is the best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery. Special rush deliveries can usually be arranged but will usually be subject to additional charges (e.g. rush print charges and rush delivery charges), which will be charged to you at current commercial rates. When the goods are with the contracted carriers they are subject to their terms and conditions.
7. QUANTITY VARIATION
We shall be deemed to have fulfilled our contract by delivery of a quantity within 10% plus or minus of the quantity of goods ordered and you will be charged at the contract rate for the final quantity delivered.
8.1 Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery.
8.2 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 days of receipt of goods or such goods shall be deemed to comply as to quality with the terms of the contract.
8.3 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at the time of delivery.
8.4 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice.
9.1 Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to 105% of the contract value of the goods.
9.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 8.
9.3 Nothing in these terms and conditions shall affect the right of a consumer.
10. CANCELLATION CHARGES
A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of receipt of written cancellation.
11. OVERDUE ACCOUNTS
11.1 No goods will be delivered on accounts which remain unpaid 14 days after payment is due. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you.
11.2 We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
12. ARTWORK AND PRINTING
12.1 On placing an order, please supply the necessary pantone colours for artwork. We will match your pantone colours as close as possible however 100% match cannot be guaranteed, and the shade of the print colour may differ slightly when printed onto different surfaces. Due to the nature of metals and alloys, when engraving we cannot guarantee the colour of the engrave surface even on the same item within the same order.
12.2 The published print areas and item sizes are approximate and should be regarded as a guideline only.
12.3 The goods supplied are mass produced for the promotional market. Movement in print position, size and colour are to be expected.
Unless indicated, batteries are not included.
14. SMALL ORDERS
If you would like to place an order below our minimum quantity there is a £35.00 surcharge.
The seller cannot guarantee that the goods will be exactly the same as previously supplied. Samples are available on request to check for size, materials etc. We reserve the right to alter any details or design of products illustrated without notice and while every effort is made to describe goods accurately in the catalogue and price list no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. The colour of products featured in our catalogue may differ from the actual product; we recommend that you always request a sample of the product before ordering to verify the true colour. If the purchaser places an order without inspecting the colour of a product sample the purchaser forfeits any right to reject the order on the basis of the colour difference
16. COMPANY LOGOS
Where a company name or logo appears on any item in the brochure, this does not necessarily mean Sporty Thoughts have supplied it or that the company named has endorsed those items. These have merely been shown to illustrate the print process. We therefore apologise for any inconvenience. Sporty Thoughts reserves the right to use images of finished products supplied for the purposes of marketing and promotion unless specifically advised in writing before hand.
17. FORCE MAJEURE
Without prejudice to any other of these conditions, the Seller shall be under no liability for delay or non-performance of any obligations hereunder due to any circumstances whatsoever beyond the control of the Seller. We will not be held responsible for the failure or delay in the carrying out of our obligations under the contract arising out of any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
This contract shall be governed by and construed in accordance with English law and the courts of England shall have jurisdiction to hear all disputes arising in connection with it.
19. SPECIAL OFFERS AND PROMOTIONS
Orders must be invoiced for special offers or promotions to apply. Cancelation of orders will result in the cancelation of the special offer. Full payment must be recieved before dispatch of promotion. While stocks last. The specified order value to qualify for a promotion is excluding VAT