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CONDITIONS OF SALE

1. CONTRACT

All orders are accepted subject to these conditions. No order shall be binding unless confirmed by the Company’s official Order Confirmation. By ordering any goods from Display Cor Limited – (“The Company”) – the Buyer will be deemed to agree that these conditions of sale shall form the basis of the contract made in respect of the said goods and that they shall prevail notwithstanding any printed or other conditions contained in any purchase order, acceptance or quotation or otherwise brought to the Buyer’s notice. All other conditions, Agreements, Representations, Promises, Undertakings, Understandings or Warranties of any kind (apart from those implied by Section 12 of the Sale of Goods Act 1983) are hereby excluded.

2. QUOTATIONS

All quotations are subject to withdrawal or amendment at any time prior to confirmation by the Company or an order for goods referred to therein and are also subject to materials being available at the time of acceptance or order. Clerical errors are subject to correction.

3. PRICES

(a) Where the quantity ordered is less than that quoted for or delivery is ordered in instalments less than those specified in the quotation, the prices are subject to adjustments as appropriate.

(b) Prices are subject to revision in the event of any increase in costs or raw materials or other costs required to fulfil the order, between the date of confirmation of order and date of delivery to Buyer.

(c) In the event of any dispute arising as to such increased prices a certificate given by the Company’s Accountants that such increased prices are caused directly by specified increased costs incurred by the Company shall be final and binding on the buyer.

(d) Prices are subject to sight of artwork.

(e) Prices do not include the cost of artwork and origination which will be charged separately.

(f) The cost of die-cutting formes or other tooling costs specifically required to complete the Buyer’s order are not included in the prices and will be charged separately.

(g) Prices quoted are exclusive of VAT.

4. MANUFACTURE

(a) Manufacturing quantities are subject to a tolerance of ± 10 per cent, the surplus or shortage to be charged or deducted pro rata.

(b) Specified dimensions are subject to a tolerance of ± 3 millimetres.

(c) Materials of equivalent or higher strength may be substituted for materials quoted.

(d) Where prototypes are supplied it is the buyer’s responsibility to test these with the full loading of the stock to be displayed. This should include a transit test and be carried out under normal working conditions. Any alterations needed must be advised to the company before an order is placed. Please note that materials of equivalent or higher strength may be substituted for materials in any prototype supplied.

5. ARTWORK & PRINTING

(a) All sketches and origination work shall remain the Company’s property unless paid for by the Buyer.

(b) No responsibility will be accepted by the Company for any errors in proofs or printing details which have been passed by the Buyer.

(c) Quotations for printing are made subject to the suitability of copy matter and are made on the basis of the use of the Company’s standard range of ink colours, any deviation from which may at the Company’s discretion be charged extra.

(d) All items owned by the Buyer and left at the Company’s premises or handed to an employee of the Company should be insured, and a receipt for such goods should be obtained from the employee to whom the items are handed.

(e) All artwork, discs, and film work relating to a job will be held by the company for a period of 2 years after completion of the most recent order, after this time they may be destroyed at the discretion of the Company. The buyer should retain a copy of all artwork sent to the Company.

6. TOOLING

The die-cutting formes as described in 3(f) above will be held by the company for a period of 2 years after completion of the most recent order.  After this time formes may be destroyed at the discretion of the Company.

7. DELIVERY

(a) Every effort will be made by the Company to deliver the goods within the agreed delivery period but no guarantee of delivery date is implied and the Company shall not be liable for loss or damage occasioned by any delay in delivery.

(b) Where the Buyer fails to accept deliveries in accordance with the terms and conditions of the order, as confirmed in the Company’s official Order Confirmation, the balance of undelivered goods shall be invoiced to the Buyer, the goods being held at the Buyer’s risk and any storage and additional carriage costs being charged to the Buyer’s account.

8. PAYMENT

Subject to satisfactory references, goods invoiced up to and including the last day of a calendar month shall be paid for not later than the last business day of the following month. The Company will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if you do not pay us in accordance with our agreed terms. Interest will be charged at The Bank of England base rate +8% until the sum due is paid, otherwise payment is to be made by cash with order.

9. PASSING OF RISK AND TITLE

(1) The risk in the goods shall pass to the Buyer when the goods are tendered for delivery at the Buyer’s works or premises or to a third party at the Buyer’s request. The risk in goods collected from the Company’s works shall pass to the Buyer when the goods are loaded onto the vehicle of the Buyer or his carrier or other agent.

(2) Until full payment for  the goods has been received by the Company:-

(a) property in the goods shall remain in the Company;

(b) should the goods (or any of them) be converted into a new product, whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions, the conversion shall be deemed to have been effected on behalf of the Company and the Company shall have the full legal and beneficial ownership of the new product;

(c) the Buyer shall keep and store the goods and the new product referred to in (b) above in such a manner that they can be identified as being the Company’s property;

(d) subject to (e) and (f) below, the Buyer shall be at liberty to sell the goods and the new products referred to in (b) above in the ordinary course of business on the basis that the proceeds of sale shall be the Company’s property and held in trust by the Buyer for the Company absolutely;

(e) the Company may at any time revoke the Buyer’s power of sale by notice to the Buyer if the Buyer is in default for longer than seven days in the payment of any sum whatsoever due to the company, or if the company have bona fide doubts as to the solvency of the Buyer;

(f) the Buyer’s power of sale shall automatically cease if a receiver is appointed over any of the assets or the undertaking of the Buyer or a Winding-up order is made against the Buyer or the Buyer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangements or composition with creditors or commits any act of bankruptcy;

(g) upon determination of the Buyer’s power of sale under (e) and (f) above the Buyer shall place the goods and the new products at the Company’s disposal who shall be entitled to enter upon any premises of the Buyer for the purpose of removing the goods and new products from the premises (including severance from the realty where necessary).

10. CLAIMS

(a) Any complaint of short delivery or of damage to the goods in transit must be notified to the Company in writing otherwise than upon a consignment note or delivery document within 7 days of receipt of the goods and any complaint of failure to deliver goods invoiced must be so notified within 7 days of the date of the invoice.

(b) Where the Buyer arranges for collection of the goods then no liability will arise to the Company for any damage in transit or short delivery.

(c) Without prejudice to any other provisions of this clause all other liability is hereby excluded for any loss or damage howsoever arising sustained by the Buyer in connection with, or as a result of, any defect in the goods supplied, or any other error or omission on the part of the Company in the performance of an obligation hereunder.

(d) In the event of any claim the Company shall have the option of replacing or crediting the value of the goods, thereby fully discharging all legal liability in respect thereof.

(e) Return of goods after delivery will not be accepted unless the Company or the Company’s representative have first had an opportunity of examining them before dispatch from the Buyer’s delivery address.

(f) The Buyer will be liable to indemnify the Company against all expense, loss or damage suffered by the Company as a result of claims for infringement of patents, trademarks, registered design, copyright or any form of print details, arising out of work done to the Buyer’s direct instructions.

11. FORCE MAJEURE

Every effort will be made to carry out any contract based on the quotation but the due performance of it is subject to variation or cancellation owing to force majeure, which term shall be deemed to include but shall not be limited to, any Act of God, War, Strike, Lock-out, Fire, Flood, Drought, Riot, Civil Commotion, restriction by Government or other competent Authority, any natural or accidental disaster, industrial dispute or any breakdown of machinery or any other cause beyond the Company’s control or owing to the Company’s inability to procure materials or articles due to any of the foregoing causes.

12. MISCELLANEOUS

(a) If any of these Conditions or any part of one of these conditions is rendered void by any legislation to which it is subject it shall be void to that extent and no further. If any of these Conditions or any part of one of these conditions is rendered unenforceable by any legislation to which it is subject it shall be enforceable to the extent that it is not fair or reasonable to allow reliance on such a condition or part thereof, but no further.

(b) A waiver by either party of any of the terms and conditions of this contract and/or any breach thereof shall apply only to the particular instance or instances in which such waiver occurs, and shall not affect or impair the further continuance in force of such terms and conditions, or the right of either party to avail itself of such terms and conditions upon any subsequent breach or breaches thereof.

(c) Unless we are advised otherwise, in writing, we will assume the Buyers consent to photos of displays we manufacture to be used for marketing purposes.

13. GOVERNING LAW

This contract shall be governed and construed in accordance with the laws of England and the Buyer agrees to submit to the jurisdiction of the English Courts.

Registered in England No.2595870. Registered Office: 12 The Broadway, St.Ives, Cambs. PE27 5BN

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Environmentally Friendly Displays

Our Cardboard Displays are fully recyclable and printed using water based inks. We only source cardboard from suppliers that produce from recycled material and from fully sustained forests accredited by FSC and PEFC certification. Managed forests help address climate change by absorbing carbon dioxide from the atmosphere.

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