Terms and Conditions

TERMS AND CONDITIONS OF SALE AND CONTRACT

Note:Unless specifically agreed in writing all goods are sold subject to the following conditions irrespective of any published conditions of the purchaser.

GENERAL (IN THESE CONDITIONS)

Inventive Payments Limited is called the “seller”, and the individual firm, company or any other party whom the seller contracts are called the “buyer.

“Goods” means the goods, articles, materials and/or services which are to be supplied by the seller pursuant to the contract.

The buyer is deemed to have satisfied itself that the goods are suitable for the purpose and are capable of performing the function and use to which it is intended to put them.

The seller reserves the right to correct any clerical errors made by its employees at any time.

ACCEPTANCE OF ORDERS

Telephone or verbal orders can only be accepted if official order codes are stated.

Written confirmation of verbal or telephone orders must be clearly endorsed “confirmation”. In the event of duplication through failure of this the buyer will be liable for the invoice value of the duplication order.

PAYMENT TERMS

Non-account buyer payment will be on cash with order basis only.

Account buyer payment is due net within 30 days following the date of order unless otherwise agreed in writing.

No deductions shall be made by the buyer from any payments due under the contract.

DISHONOURED CHEQUES

An administration charge of 20.00 sterling will be levied on any dishonoured cheques.

CANCELLATIONS OR AMENDMENT OF ORDER

Cancellation (in full or part) or amendment of order will only be accepted by prior negotiation and agreement

The buyer shall be entirely liable for the expenses to the seller caused by cancellation of the order in respect of bespoke or buyer specific goods whether any part complete or finished goods are delivered or not.

SAMPLES

Samples are exhibited solely to enable the buyer to judge for himself the specification and quality of the goods and not so as to constitute a sale by sample. The buyer will take the goods at his own risk as to their corresponding with the said sample and subject to the normal variation between bulk and the sample.

DELIVERY

The seller will endeavour to comply with special delivery instructions from the buyer, these will be charged accordingly

The seller will use its best endeavours to deliver by the date specified but shall be under no liability whatsoever for delay or the consequence thereof however caused where goods are ordered for delivery by schedule the seller shall have a right to dispose of such goods as are not taken on the specified delivery dates.

CLAIMS FOR CREDIT / RETURNED GOODS

The seller cannot accept goods for return that have been properly delivered but are subsequently deemed “not wanted” or “incorrectly ordered”.

If credit is requested other than for incorrectly supplied or faulty goods, prior authorisation must be obtained by the seller.

Goods returned will only be accepted in original condition and packaging and accompanies by a copy of the sellers original delivery note or invoice.

DAMAGES / SHORTAGES

The seller shall not be liable in any way whatsoever for short delivery, wrongful delivery, or damaged goods unless a claim is notified to the seller within 3 days of delivery. The non-delivery of goods must be notified to the seller within 10 days of date of invoice otherwise no liability can be accepted.

ROMALPA CLAUSE (RISK AND TITLE)

Risk. Risk in respect of the goods passes on delivery to the buyer or its appointed agent.

Title. Title in the goods shall be retained by the seller until payment in full of the price and all other liabilities owing to the seller are discharged. Until such payment the buyer shall hold the goods and all items incorporating the goods in a fiduciary capacity for the seller

In the event of any sales of the goods by the buyer prior to payment in full of the price the buyer shall hold the proceeds of sale in a fiduciary capacity for the seller and such proceeds of sale be placed in an account of the buyer in such a way as to be identifiable property of the seller.

In the event of non-payment by the buyer by the due date the seller shall be entitled in addition to all other rights to enter the premises where the goods may be and recover possession of them.

FORCE MAJEURE

If events beyond the sellers reasonable control prevent the seller from performing the obligations hereunder the seller may without any liability whatsoever cancel this contract.

WARRANTY AND LIMITATION OF LIABILITY

The seller warrants that on delivery the goods will be in proper working order and shall be free from defects in material and workmanship for 12 months thereafter unless special warranty terms are agreed in writing.

Goods returned under the warranty shall be delivered to the sellers premises at the buyer’s expense. The buyer will pay for all the services given and expenses incurred by the seller in connection with goods returned under the warranty and found not to be defective

In the event of any breach in the above warranty the seller shall effect such repair or replacement as in its sole judgement it considers necessary to restore the goods to proper working order but except for such repair or replacement the seller shall in no way whatsoever directly, indirectly or consequently be liable for any injury, loss or damage howsoever arising from or relating to such breach of warranty.

JURISDICTION

In the event of any dispute this contract will be subject to the laws of Great Britain.

E & O E