Terms and Conditions
Standard Terms and Conditions and General Trading Information
1.1 In these Conditions:-
"Buyer" means the person(s), firm or company who purchases the Goods from the Seller;
"Contract" means any contract between the Seller and the Buyer for the sale and purchase of the Goods, incorporating these Conditions
"Seller" means Solo Trading Limited, company number 2614282, and any of its websites or brochures howsoever named or branded, having its registered office at 77 Timothy's Bridge Road, Stratford Enterprise Park, Stratford-upon-Avon, CV37 9BG, United Kingdom
1.2 These terms and conditions apply to all orders and supersedes all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
2. Payment Terms
All goods will be supplied against a proforma invoice unless a credit account has been opened after acceptance of bankers’ reference, two (2) trade references and clearance by credit insurers. Payment is to be made within 30 days from the date of the invoice. We understand and may exercise our statutory right of interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to our credit terms.
3. Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the right to invoice any such discounts to accounts which become overdue.
4. Passing of Title and Risk
4.1 The risk in the goods shall pass to you on delivery.
4.2 All goods delivered or not, remain our property until payment is received in full.
4.3 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 of 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 license to enter your premises for the said purposes.
5. Right if Rescission
The Seller shall have the option (without prejudice to any of its other rights against the Buyer) by notice in writing to the Buyer to rescind any Contract between the Seller and the Buyer or to suspend delivery in the following events:-
5.1.1 should any sum owing by the Buyer to the Seller be overdue whether under the same or any other Contractor; or
5.1.2 should the Buyer be in breach of any term of the same or any other Contract with the Seller; or
5.1.3 should the Buyer enter into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) should go into liquidation either voluntary or compulsory or under supervision or have a receiver appointed over all or any of its assets or if the Buyer threatens to cease trading or goes into administration.
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 no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
7. QUALITY, DESCRIPTION AND SPECIFICATION
7.1 The quality, description and specification of the Goods shall be as set out in the Seller's quotation.
7.2 All drawings, descriptive matter, specifications, measurements and advertising issued by the Seller and any descriptions or illustrations contained in the Seller's catalogues, brochures or websites are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract. The Seller reserves the right to vary the specification of any item or service without prior notice.
7.3 Where the Goods are required for a purpose other than the usual purpose for which such Goods are commonly supplied, then no condition or warranty of fitness for that unusual purpose is granted or shall be implied unless the Buyer has made known to the Seller in writing prior to conclusion of the Contract the exact purpose to which such Goods are intended to be put, and the Seller has expressly acknowledged in writing prior to or on conclusion of the Contract that such Goods shall be fit for such purpose.
7.4 Unless expressly agreed otherwise in writing by the Seller all sizes referred to on the Seller's price lists, estimates or brochures are approximate only.
7.5 Except where expressly agreed in writing by the Seller, the Seller shall be deemed to have fulfilled its obligations under the Contract by producing Goods or Personalisation (which may consist of printing, engraving, or embossing) within reasonable tolerances.
7.6 For the purposes of personalisation, whilst the Seller will take all reasonable steps to try to match logo styles, font style, pantone colours or swatches, this cannot be guaranteed and the Contract shall be deemed to have been performed by delivery of Goods with a general representation of any logo or design supplied by the Buyer.
7.7 No responsibility shall be accepted by the Seller for any errors in proof materials submitted to and approved by the Buyer.
7.8 Where the Goods consist of personalised items, alterations from the original copy on or after the first proof, including alterations in style will be charged as an extra expense at the Seller's standard rates, which the Buyer shall pay in addition to the price for the Goods.
7.9 The contract is not a contract of sale by sample, although every endeavour will be made to supply materials in accordance with the quality of the sample submitted or quoted for.
7.10 Customers' property or free issue goods when supplied will be held entirely at the customer's risk as regards fire, theft and other unforeseen damage. Every care will be taken to obtain the best results where materials are supplied by customers, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied.
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, customs and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of any 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.
9.1 All price quotations are calculated from costs available at the date of such quotation and are exclusive of VAT, for which the Buyer is additionally liable. Prices quoted are exclusive of VAT and any other taxes, levies, duty, import duty or any other similar charges whatsoever, all of which should be paid for by the Buyer. If there is an increase in such costs to the Seller between the date of quotation and the date of acknowledgement of the order, then the Seller may increase the quoted price accordingly.
9.2 For orders made from the UK or the European Union, VAT is added at the appropriate rate. All other orders are VAT free subject to provision by the Buyer of a valid VAT number.
9.3 The Buyer shall be entitled to charge any VAT payable whether or not shown on quotation or invoice at the applicable rate.
9.4 Where applicable, artwork, tooling, set up and other similar costs will be detailed separately in any price quotation, all of which are additionally payable by the Buyer.
9.5 Any required tooling or drawing for the execution of work undertaken by the Seller should be paid for by the Buyer, but remain the property of the Seller.
10.1 Every effort will be made to deliver on time, but any delivery date specified is a best estimate and no liability is accepted for any loss arising from delay or error in delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
10.2 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.
10.3 Unless otherwise agreed in writing the Goods shall be delivered, carriage paid, to the Delivery Point and the Buyer shall be bound to accept the Goods ordered by him.
10.4 If the Buyer fails to take delivery at the time required by the Contract, the Seller shall be entitled without prejudice to any other rights it may have to either treat the Contract as at an end and to resell the Goods, or to invoice the Buyer for the Goods whereupon payment in full shall become due forthwith and, in either case, to charge at rates giving an economic return for the handling and storage of Goods from the invoice date to the eventual date of delivery to the Buyer or disposal elsewhere, as the case may be. The Buyer shall be liable to pay any premium in respect of the insurance of such Goods from the date of delivery.
10.5 If Goods are contracted to be delivered by instalments late delivery of one instalment shall not entitle the Buyer to reject any other instalment under the same Contract.
10.6 The Seller shall use all reasonable endeavours to deliver the Goods to the Buyer in accordance with any delivery date agreed in writing with the Buyer. In the absence of any agreed delivery date, any date of delivery given by the Seller to the Buyer shall be an estimate only and while the Seller will endeavour to comply with any such date, it shall not be responsible for late delivery. Without prejudice to the generality of the foregoing the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the control of the Seller.
10.7 The Buyer will provide at its own expense at the Delivery Point adequate and appropriate equipment and manual labour for unloading the Goods.
10.8 If the Seller delivers to the Buyer a quantity of Goods of up to 10% more or less than that ordered by the Buyer, the Buyer shall not be entitled to reject the Goods or any of them by reason of the surplus or shortfall, and shall pay for such Goods at the pro rata rate for the Contract.
10.9 The quantity of any consignment of Goods as recorded by the Seller upon despatch from the Seller's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can prove otherwise.
10.10 The Seller shall not be liable for any non-delivery of Goods (even if caused by the Seller's negligence) unless written notice is given to the Seller within five (5) days of the date when the Goods would in the ordinary course of events have been received.
10.11 Any liability of the Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
10.12 Where palletised deliveries are requested or necessary, pallets and other packaging and delivery materials may be charged as an extra expense at the Seller's standard rates, which the Buyer shall pay in addition to the price for the Goods.
11. 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 printed goods ordered and you will be charged at the contract rate for the quantity delivered.
12.1 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.
12.2 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 and quantity with the terms of the contract.
12.3 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 time of delivery.
12.4 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice.
13.1 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 the contract value of the goods.
13.2 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 10.
13.3 Nothing in these terms and conditions shall affect the right of the consumer.
14. Cancellation Charges
A charge will be made on cancelled orders, together with a charge for all work carried out up to the date of written cancellation.
These will be submitted on approval and will be charged if not returned in good condition within 14 days.
16. Overdue Accounts
16.1 No goods will be delivered on accounts which remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts, at the rate of 5% above National Westminster Bank plc base rate from time to time from the date the account became due until payment is received. 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.
16.2 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 a third party or Court proceedings.
17. Quantity Changes to Orders
Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
18. Artwork and Printing
18.1 All artwork and print charges will be levied where necessary unless previously stipulated by us.
18.2 Where applicable the prices shown include printing one colour one position from camera ready artwork supplied, for additional positions or colours of printing please phone to obtain exact quotation. The standard printing colours are yellow, white, black, gold, silver, purple, brown, red, light green, medium green, dark green, light blue, medium blue, dark blue. We will match your own house colours as close as possible but where you specify non standard printing colours, there will be an additional special match charge.
19. Small Orders
Where you require a quantity smaller than the minimum quantity shown the price list, this is normally possible but usually carries a small order surcharge.
20. Force Majeure
We will not be held responsible for 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.
PLEASE NOTE: The products in this catalogue have not necessarily been supplied to or endorsed by the companies whose names and logos have been used. The printing of such is a guide to position and printing effect only. We apologise for any inconvenience caused.
21. About Us
21.1 The Promotional Gifts Company is the brand name of Solo Trading Ltd, company number 2614282, having its registered office at 77 Timothy’s Bridge Road, Stratford-upon-Avon, Warwickshire, CV37 9BG, United Kingdom. +44 (0)845 430 2902