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01827 251 951 sales@intuprint.co.uk

INTUPRINT LTD CONDITIONS OF SALE


In these Conditions “the Company” means Intuprint Limited and “the Customer” means the person, firm or company purchasing the goods; “the goods” shall mean the goods ormaterials which shall be the subject of the Contract between the Company and the Customer.

  1. Applications of Conditions of Sale to all Contracts
  2. The following Conditions of Sale shall apply to all Contracts for the sale of goods so far as the same are not varied by or inconsistent with such special conditions as may be agreed between the Company and the customer and set out overleaf or attached hereto and signed by a Director or the Secretary of the Company. These Conditions together with the provisions overleaf shall constitute the entire Contract between the Company and the Customer and shall not be deemed to incorporate the provisions of any brochures, advertising or any other documents or matter issued by or on behalf of the Company.
  3. Orders
  4. No order whether given by a Customer orally or in writing shall constitute a Contract unless and until its acceptance embodying these conditions and any agreed special conditions has been confirmed by or on behalf of the Company.
  5. Cancellation
  6. In the event of the Customer failing to comply with any of his obligations hereunder the Company reserves the right without prejudice to any other remedy to cancel any uncomplicated order or to suspend delivery of goods and to repossess any goods delivered pursuant to this order. If an order is so cancelled by the Company or is cancelled or reduced in value or quantity by the Customer then the Customer shall indemnify the Company against all loss, costs (including the cost of all labour and materials used and overheads incurred), damages, charges and expenses arising out of such cancellation or reduction in value or quantity the Company giving credit for the value of such materials sold or utilized for other purposes.
  7. Extra Cost
  8. In the event of any suspension of work through the Customer’s instructions or lack of instructions, all Contract prices shall be increased to cover any additional expenses thereby incurred by the Company.
  9. Modification
  10. The Company reserves the right at its discretion to make any modification and/or improvements to any of the goods without notice after the Company has confirmed its acceptance of order of such goods.
  11. Property
  12. Property, legal or beneficial, in any goods supplied by the Company shall pass to the Customer only when the Company has received full payment for all sums then owed by the Customer to the Company. Goods in respect of which property has remained with the Company shall be kept identifiable as those of the Company and the Customer shall at its own expense immediately return such goods to the Company or permit the Company to enter into the Customer’s premises to collect such goods should the Company so request. Notwithstanding that property in the goods has not passed to the Customer the Company shall be entitled to recover the price.
  13. Lien
  14. Property, legal or beneficial, in any goods supplied by the Company shall pass to the Customer only when the Company has received full payment for all sums then owed by the Customer to the Company. Goods in respect of which property has remained with the Company shall be kept identifiable as those of the Company and the Customer shall at its own expense immediately return such goods to the Company or permit the Company to enter into the Customer’s premises to collect such goods should the Company so request. Notwithstanding that property in the goods has not passed to the Customer the Company shall be entitled to recover the price.
  15. Time for Delivery or Dispatch
  16. in addition to any other right to which the Company may by law be entitled the Company shall have a general lien on all goods of the Customer in the Company’s possession (although such goods or some of them may have been paid for) for the unpaid price of any goods sold and delivered under this or any other Contract.
  17. Multiple Deliveries
  18. Any times quoted for delivery or dispatches are to be treated as estimates only. Whilst every endeavour will be made to meet estimated times for delivery or dispatch the Company shall not be liable in any manner whatsoever for failure to deliver or dispatch within the time quoted.
  19. Carriage and Delivery
  20. In the case of a Contract calling for multiple deliveries each delivery shall be deemed to be sold under a separate Contract. Each such separate Contract shall incorporate these conditions of sale. Failure by the Company in respect of any one or more thereof shall not entitle the customer to treat such failure as a repudiation of further deliveries. The failure of the Customer to pay for any one or more deliveries shall entitle the Company without prejudice to any other remedy to treat the Contract for that and all subsequent deliveries as repudiated
  21. Conflict of Conditions of Sale and Purchase
  22. Unless otherwise specified in writing all prices include carriage and the Company’s standard packing. Any shortages loss of or damage to goods in transit must be noted on the delivery note and notified to the carrier and the Company within two days of receipt. The packing and contents must be retained for inspection. If goods are not received by the Customer within seven days of the date of invoice the carrier and the Company must be notified at once.
  23. Liability
    1. The Company shall not be responsible for non-performance in whole or in part of its obligations if such non-performance is due to acts of God, war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, Government regulations, embargoes, strikes, labour disputes, illness, flood, fire, tempest or any cause of whatsoever nature beyond the control of the Company.
    2. If any of the goods supplied by the Company hereunder requires repair or replacement within the period of time as defined from time to time by the Company as the shelf life of the goods or within a period of three months of such goods being delivered to the Customer (whichever is the shorter period) the Company shall at its discretion either repair or replace such goods at its own cost or pay to the Customer an amount equal to the price of such goods set out overleaf.
    3. Any repairs to or replacement of the goods carried out by the Company otherwise than in accordance with the sub-clause (b) above shall be paid for by the customer on demand.
    4. Without prejudice to the provisions of paragraph (b) above so far as concerns any loss or damage suffered by the Customer the Company shall be liable to the customer (and then only to the limited extent set out below) only if and in so far as such loss or damage is caused by the negligence, breach of duty or other wrongful act or omission of the Company itself or its Directors or servants acting within the course of their employment.
    5. Without prejudice to the provisions of paragraph (b) above, if whether pursuant to the provisions set out herein or otherwise, any liability to the customer shall arise on the part of the Company, its servants or agents (whether under the express or implied terms of this Contract, howsoever fundamental, or in negligence or in any other way, howsoever fundamental, may be the breach of any duty) for any loss or damage suffered by the Customer (including any liability in accordance with paragraph (b) above) such liability shall be limited to the payment by the Company of an amount not exceeding the purchase price of the goods in respect of which any claim or claims shall arise.
    6. The company and the customer further agrees for the benefit of the Company and of the Company’s servants or agents as aforesaid (both as a term of this Contract and as a separate and independent agreement made in consideration of the entry by the Company into this Contract which separate and independent agreement shall persist after any termination of this Contract howsoever caused) that such exclusions and limitations of liability provided herein shall survive for and protect the Company and its servants and agents in all circumstances whatever whether this Contract or any terms expressed or implied in it , howsoever fundamental, be broken or repudiated and whether or not such breach or repudiation results in termination of this Contract, and whatever the consequences of such breach or repudiation or termination and howsoever great may be the loss or damage suffered by the Customer caused by any negligence or breach of duty or other wrongful act or omission whether on the part of the Company or its servants or agents.
    7. If any third party makes any claim against the Company, its servants or agents arising in respect of any goods supplied hereunder, whether arising out of any negligence, breach or duty or any other wrongful act or omission by the Company, its servants or agents, or otherwise, in respect of any loss or damage outside or beyond the liability of the Company to the Customer, as limited herein, then the Customer shall indemnify the Company, its servants or agents against any such claim (and all costs incurred therein) in respect whereof the Company is by these conditions declared to be under no liability to the Customer, or in so far as any such claim shall cause the total liability of the Company to the Customer and all such claimants to exceed the limited sum calculated in accordance with sub-clause (e) above.
  24. Payments
    1. The Company’s standard terms are payment by the end of the month following the date of the invoice of the goods to the Customer. Any other terms offered will always be advised in writing to you. The Company reserves the right to disallow all discounts and charge interest at the rate of 2% per 28 days if payment is not received within the due period.
    2. The customer shall reimburse the Company for the cost of any insurance which the Company at its own discretion may arrange in respect of any of the goods during the period from delivery thereof by the Company until the date of payment to the Company of the full purchase price of all the goods supplied hereunder.
  25. Legal Construction
  26. These conditions and all Contracts shall in all respects be construed and operate in accordance with English Law.
  27. Assignability
  28. The contract of which these conditions form part is personal to the buyer who shall not assign the benefit thereof without the seller’s written consent.
  29. Patents and Trade Marks
  30. No representation warranty or indemnity is given by the seller that the goods do not infringe any Letters Patent, Trade Marks, Registered Designs or other industrial rights.
  31. Data Protection Act
  32. We advise any unincorporated Debtor that we will transfer their details and their account details to our financiers for the purpose of providing their services and for the following purposes, obtaining credit insurance, making credit reference agency searches, credit control, assessment and analysis (including credit scoring, market and statistical analysis), securitisation and protecting our interests. Details of our financiers and any credit reference agencies used by them will be made available upon request