- Except where otherwise expressly agreed to in writing by Thesourcer.com Limited (herewith “the company”) all supplies made by the company are on the following terms and conditions.
- The terms and conditions of the company shall prevail over any conflicting provisions sought to be imposed by the purchaser.
- All quotations offered by the company are deemed valid for a period of 30 (thirty) days after which time the company reserves the right to revise the said quotation.
- Property in the goods sold to a purchaser by the company shall remain vested in the company until all monies owed by the purchaser to the company on whatsoever account have been paid in full.
- Risks in the goods pass to the purchaser immediately upon delivery and not at the same time as property in the goods passes. Goods held by the company on behalf of the purchaser in the company’s (or their agents) storage facilities shall be deemed to have been delivered and remain the responsibility of the purchaser.
- To provide for the possibility that the end user of the goods sold has a weakness or vulnerability that may be affected by the use of the goods an appropriate warning to this effect must be prominently displayed on the goods by you before onward delivery.
- Any claim for damage caused to the goods prior to delivery to the purchase, or for short or mistaken delivery of the goods ordered must be made in writing to the company with 3 (three) days of the goods being delivered to the purchaser.
- Unless stated all prices quoted by the company are exclusive of carriage and value added tax. Carriage will be charged from the point of manufacture of the goods to the delivery point specified by the purchaser. Where marking of goods is requested by the purchaser carriage will be charged from the point of manufacture to the companies appointed for marking and from the said agent to the delivery point specified by the purchaser. For all imported goods the port of entry shall be deemed the point of manufacture in respect of carriage charges.
- All prices are nett and no settlement discount is allowed. All accounts are payable no later than 30 (thirty) days from date or invoice unless otherwise agreed by the company in writing except new accounts where pro forma payment will be required prior to the commencement of work. We reserve the right to cease supply and/or impose a surcharge of 1.5% per month on overdue accounts in the event of late payment.
- The company shall seek to deliver goods ordered by the purchaser within the time requested by the purchaser and according to mutually agreed delivery schedules. However, the company shall not be liable for any losses alleged by the purchaser to have been incurred directly or in-directly as a consequence of any late delivery of goods, or inability to supply the goods ordered within the time requested for reasons beyond the reasonable control of the company.
- Should delivery of goods be unreasonably refused or denied for any reason not acceptable to the company, the purchaser shall pay the full contract price within 30(thirty) days of the date of the invoice.
- All work carried out by the company at the purchasers’ request, whether experimental or otherwise will be charged accordingly. Any work undertaken by the company on behalf of the purchaser is carried out on the basis that the purchaser has fully approved such work whether or not the company has received an official order providing there is evidence of written or verbal confirmation to proceed, including letter, facsimile or email correspondence between the parties.
- Should any work be suspended or halted by the purchaser prior to delivery of the goods the company shall retain the right to be paid for all work completed and costs incurred.
- The company reserve the right to reject any artwork or materials supplied by the purchaser not considered by the company to be suitable for the purpose intended.
- The company reserve the right to supply up to 10% (ten percent) over or under the specified quantity on all printing or goods requiring marking, and to add or deduct the relevant value from the invoice.
- By placement of an order the purchaser shall be deemed to have accepted all the terms and conditions of sale of the company.
- The intellectual property rights relating to any original material created or produced on behalf of the purchaser by the company (excluding brand names and trade marks etc belonging to the purchaser) shall continue to belong to the company or their suppliers as appropriate and the purchaser shall acquire no interest in such material of any nature whatsoever.
- The agreement shall be governed by and construed in accordance with English law and Thesourcer.com Limited and the purchaser agree to submit to the non-exclusive jurisdiction of the English courts as regards any claim or matter arising under the agreement.
