Standard Conditions of Sale of Linden Signs and Print trading as Linden Signs Ltd.
In these Conditions of Sale the following words shall have the following meanings:
“Company” means Linden Signs Limited. Incorporated in England and Wales. Registered number 4951321.
“Purchaser” means the company or person named in the Order.
“Order” means the order made by the Purchaser for the Goods.
“Writing” includes mail, e-mail, fax, PayPal and Buy Now buttons and any other reasonable means.
“Goods” means goods described in an Order. (including any instalment of the goods or any parts of the goods).
General: All Goods are sold subject to these terms and conditions.
1. Acceptance: Acceptance of your order in writing and the completion of the contract between you and us will take place on despatch of the products to you, unless: we have notified you that we do not accept your order, or a problem has been encountered. If a problem does occur we will attempt to notify you as soon as possible with available options.
2. Prices: Prices and cost of carriage are shown on our price list and on-line catalogue. Where the Goods are designed or supplied as special orders to the Purchaser’s specifications, prices will be as quoted by the Company and will be open for acceptance for a period of 31
(thirty-one) days from the date noted on the quotation, after which they may be subject to change.
3. Delivery: The Company will do its best to deliver within the time limits stated but cannot guarantee any delivery date. The company shall be under no liability for any delay to deliver Goods.
All force majeure events shall relieve the Company of its obligation to deliver the Goods. Should such an occurrence last for more than 8 weeks either party shall be entitled to cancel the Order without further notice without incurring any liability for loss or damage.
4. Failure to take delivery: If the Purchaser fails to take delivery of the Goods or fails to give the Company adequate instructions as to delivery then the Company may either store the Goods until actual delivery or sell the Goods after 28 days at the best price readily obtainable (after
deducting all reasonable storage and selling expenses) and charge the Purchaser for any shortfall. Where delivery is made in instalments, delay in delivering one or more instalments shall not entitle the Purchaser to refuse to accept any remaining instalments.
5. Terms of Payment: By cash, credit card or PayPal. The Company may, at its discretion, open an account with the Purchaser. However, the Company reserves the right to refuse to do so.
6. Title and Risk: Risk in the Goods shall pass to the Purchaser on delivery.
7. Shortages, Incomplete Orders, non-Delivery: Claims must be made within immediately on receipt of the Goods and in the absence of such notification the Purchaser shall be deemed to have accepted the Goods. If the expected goods do not arrive within the agreed time prompt notification is required from the Purchaser for the Company to take action to investigate the matter.
8. Return of Goods: Refunds on correctly delivered goods are offered at the Company’s discretion. A re-stocking charge of 20% and any collection charges shall be incurred by the purchaser.
9. Warranty and Limitation of Liability: The Company warrants that for a period of 12 months from delivery, the Goods will be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended). The Company shall be under no liability in respect of any defect in the Goods arising from fair wear and tear, wilful damage, negligence on the Purchaser’s part, abnormal working conditions or change of UK law. In the case of custom made Goods, the Company shall be under no liability in respect of any defect in the Goods or incorrect wording/spelling arising from any drawing, design or specification proofed by the Purchaser.
9.1. Without prejudice to sub-clauses 9. The amount of any damages recoverable by the Purchaser from the Company for breach of contract or negligence shall be limited to the Company invoice price of the Goods.
9.2 Without prejudice to sub-clauses 9. Mounting internal signs or print in an external situation or changing location of pre-fixed or applied products voids any guarantee .
10. Copyright and License. The purchaser takes responsibility for obtaining copyright, permission or appropriate licences for any images, designs or logos requested to be reproduced by the Company on the Purchaser’s behalf.
11. Intellectual Property: The Company reserves all copyrights, all other intellectual property rights embodied in the Goods and in any plans, quotations, drawings or samples provided to offer or fulfill a job or quotation. These items shall neither be copied, reproduced nor made available to any third parties without the Company’s prior written authority. The contents and design of the Website and Marketing Literature are the copyright of the Company. ALL RIGHTS RESERVED.
12. Governing Law: The contract shall be governed by and construed in accordance with English Law and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.