Terms and Conditions
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES OF R.H. Wilkins Engravers Limited, also trading as Rebus.
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the Supplier;
1.3 "Goods" means the articles specified in the Proposal or any article submitted for engraving or opinion;
1.4 "Proposal" means a statement of work or specific quotation describing the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in the Proposal;
1.6 "Supplier" means R.H. Wilkins Engravers Limited or Rebus of 59 Leather Lane, London, EC1N 7TJ;
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal shall remain valid for a period of14 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier within the period specified in Clause 3.1. All orders shall be accepted at the Suppliers sole discretion.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 The advertisement of Goods and/or Services by the Supplier is an invitation only. There is no contract of sale between the Customer and Supplier until the Customer receives and/or pays for the Goods and/or Services specified within the Proposal.
3.5 Works carried out on Goods sent for engraving or repair, are at the Customers risk. The Supplier will not be held responsible for goods that faulter in anyway.
3.6 The Supplier will not be liable for loss or damage to any Goods that have not been reclaimed within 6 calendar months or for the receipt of the Goods if it has been lost or cannot be produced.
3.7 It is the Customers responsibility to supply clear written instructions. The Supplier will not be held responsible for mistakes arising from unclear or misleading instructions.
3.8 All orders must include contact and invoice details, quantities, font styles, positioning guidelines and purchase order numbers where applicable. Check all artwork supplied by the Supplier. Any amendments, acceptance or proceeds must be given in writing.
3.9 Hand cut engraving cannot have the reproductive uniformity or mechanical accuracy of computer generated artwork. Therefore slight variations of supplied artwork are unavoidable. Any supplied font styles must be treated as a guide only, elements of which can alter once hand engraved.
3.91 The Supplier will not supply artwork unless otherwise instructed to.
3.92 An ‘Express Engraving Service’ (1 full working day turnaround) is available at a cost of an additional 40% on the quoted engraving price. This service is available only to prior consultation before placing your order. Due to fluctuating workloads this service is not always available.
4 PRICE AND PAYMENT
4.1 All goods shall remain the property of R. H. Wilkins Engravers Ltd until paid for in full.
4.2 The price for the Goods and Services is as specified in the Proposal. Prices quoted are exclusive of any VAT and carriage.
4.3 Payment of the price shall be in the manner specified in the Proposal. Credit terms are 30 days from date of invoice.
4.4 If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 2% per month (or maximum allowed by law) on the outstanding amounts.
4.5 In the event of default of payment when due, all costs of collection, including legal fees and court costs, shall be paid by the applicant.
4.6 Returned cheques will be charged at £30.00 per cheque.
4.7 Any credit extended to the applicant may be reduced or eliminated in the event the Supplier, in its reasonable discretion, determines that the applicant's financial situation or ability to pay is impaired. Accounts falling 75 days overdue will be frozen until payment is made in full.
4.7 By submitting a credit application, you authorise R.H. Wilkins Engravers Limited to make inquiries into the banking and trade references that you have supplied.
4.8 Account Customers minimum invoice (sub-total) value is £15.00 plus VAT, plus carriage. Non-account Customers minimum invoice (sub-total) value is £20.00 plus VAT, plus carriage.
4.9 The Suppliers price lists should be used as a guide only, not a ‘Proposal’ and do not constitute an offer.
5 DELIVERY
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery or on the date of the first attempted delivery by one of our carriers.
5.3 Standard delivery will be made by one of our insured carriers. For all deliveries a signature may be required.
5.4 It is the Customers responsibility for making arrangements to receive Goods. Goods will be held at a post office/delivery depot if no one was available to sign for them. In this event the Customer must arrange collection or re-delivery.
5.5 Once goods have been dispatched responsibility for safe delivery is between the Customer and carrier. Tracking numbers are available on request.
5.6 Please note that any duty and/or administration charges incurred by your parcel being delivered overseas will need to be settled by you as R.H. Wilkins will not be held liable for these.
5.7 Couriers collecting work on behalf of Customers must quote the Customer name as stated on the Order, goods cannot be released otherwise.
6 TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 Co-operate with the Supplier.
7.2 Provide the Supplier with any information reasonably required by the Supplier. Please refer to condition 3.7 and 3.8 above.
7.3 The Customer shall be responsible for ensuring that the Goods submitted are insured for the full replacement value thereof under a Policy of Insurance against loss or damage by accident, fire and theft and against any risk not accepted by the Supplier hereunder. In particular, the Customer should ensure that such Policy extends to the Goods while in the Suppliers, its employees’ and independent contractors custody.
7.4 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.5 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 1 month from the date of delivery.
8.5 The Supplier will use a reputable carrier to deliver Goods.
9 DESCRIPTIONS
9.1 Every care has been taken to ensure that all descriptions, specifications, colours and prices are correct. However, colour representations may vary depending on your own monitor and we endeavour to be as accurate as possible. All sizes are approximate.
9.2 All items offered are due to availability at the time of ordering.
10 CANCELLATIONS, RETURNS AND REFUNDS
10.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 21 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
10.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within 7 days of placing an Order and any deposit paid will be refunded in full.
10.3 If the Customer fails to cancel the order within the time specified in Clause 10.2, cancellation of orders will only be accepted on condition that all expenses and costs incurred by the Supplier, up to the time of cancellation, including lost of profits, will be reimbursed in full by the Customer forthwith.
10.4 Goods that have been engraved by R. H. Wilkins (Engravers) Ltd., at the Customers’ request, cannot be cancelled unless they are defective or faulty.
10.5 The Customer must return the Goods to the Supplier via. a receipted delivery service at the Customers cost along with relevant receipts and documentation. Goods returned remain the responsibility of the Customer until they have been received by the Supplier; it is therefore advised that all returns be insured for the full amount stated on the original invoice.
10.6 Damages or shortages must be notified within 7 days of invoice date in writing, otherwise responsibility cannot be accepted for credit or replacement.
11 LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
11.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
11.3 The Supplier shall, in no circumstances, be under any liability to the Customer in respect of any loss of or damage to the Goods while the Goods are in the course of carriage to or from the Supplier, unless such loss or damage is shown to have been directly caused by theft or other dishonesty on part of the employees (but not independent contractors) of the Supplier.
11.4 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
12 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
14 COPYRIGHT
14.1 The contents of the website owned and/or operated by the Seller and the Goods presented herein are protected by international copyright laws and other intellectual property rights.
14.2 All documents, drawings, photographs, patterns, point of sale material and samples supplied by R.H. Wilkins, remain our property and as such shall not be given, loaned or sold without the express permission of the Company in writing.
15 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
R.H. Wilkins Engravers Limited. 59 Leather Lane, London, EC1N 7TJ.
Registered in England. Company Registration Number: 04441124. VAT Registration Number: 232941865.
Registered Address: 9 Bridle Close, Surbiton Road, Kingston upon Thames, Surrey, KT1 2JW.
We recommend you print out a copy of these Terms and Conditions for your future reference.
Copyright © 2011 R.H.Wilkins Engravers Limited. All rights Reserved.
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