Conditions of sale
We have pleasure in presenting our Terms and Conditions of Sale. Our aim is to be fair and reasonable in all matters. If we need to refer to these terms it usually means that there is a dispute of some sort and we are having to refer to the “Rule Book”. The terms are in 2 parts: the first aims to protect the Company in the event of a dispute. The second aims to set out the way we wish to operate on a day-to-day basis.
These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the buyer whether in negotiation or at any stage in the dealings between the seller and the buyer with reference to the goods or services to which this contract relates. Without prejudice to the generality of the foregoing, the seller will not be bound by any standard or printed terms by the buyer in any of its documents, unless the buyer states, in writing separately from such terms that it intends to apply such terms and the seller acknowledges such notification in writing.
Notwithstanding that a sample of the goods or demonstration of the process has been exhibited to and inspected by the buyer, it is hereby declared that such a sample was so exhibited and inspected solely to enable the buyer to judge for himself the quality of the bulk, and not so as to constitute a sale by sample.
No liability whatsoever shall be incurred by the seller to the buyer in respect of any representation made by the seller or his agents to the buyer or his agents before the contract was made where such representation related or referred to (1) the correspondence of goods to any description or (2) the quality of goods or (3) the fitness of the goods for any purposes whatsoever.
No liability whatsoever shall be incurred by the seller to the buyer in respect of any express term of the contract whether a condition warranty or immediate stipulation (including liability arising from breach of such term) where the said term relates or refers in any way to (1) the correspondence of goods to any description or (2) the quality of goods or (3) the fitness of the goods for any purposes whatsoever.
All implied terms and conditions or warranties statutory, common law or otherwise as to (1) the correspondence of goods to any description or (2) the merchantable quality of goods or (3) for any purpose whatsoever (whether made known to the seller or not) are hereby excluded from the contract.
Inspection of goods immediately upon arrival is advised. In the event of damaged goods or the wrong quantity being received, please retain the original packaging and notify us and the carrier in writing immediately. Goods may not be returned to us for any reason whatsoever without prior agreement.
Unless otherwise stated, a quotation is open for acceptance within a period of 30 days from the date thereof. A quotation does not constitute an offer and may be withdrawn at any time prior to the confirmation of an order. Verbal quotations are indications of likely cost only and shall have no validity in contractual terms. No order shall be deemed to have been accepted until a written confirmation of the order is despatched to the customer.
Catalogues and descriptions
Whilst every precaution is taken in the preparation of catalogues, price lists, illustrations and other advertising matter, these are indications only of the type of goods/services offered and in no particulars contained therein shall be binding on the Company. Such material is liable to change from time to time without prior notification.
All prices quoted are strictly nett and exclusive of VAT and delivery, unless otherwise stated.
All payments will be made in Sterling. For buyers with whom credit facilities have not been agreed, terms of payment are cash with order unless otherwise agreed.
Credit facilities will be granted once normal credit checks have been carried out. They are granted at the discretion of the Company and we reserve the right to suspend such facilities at any time. Invoices issued on credit terms will be assigned to our Factoring Company, RBS Invoice Finance, to whom payment should be made. All credit account invoices are due for payment within 30 days of the date of issue. For orders exceeding £2,000 we will normally require a pre-payment (which will be detailed in the quotation) payable prior to the commencement of work.
All cancelled orders are subject to a cancellation charge. The scale of the charge will depend upon the timing of the cancellation and the nature of the products. We will specify the charges incurred at the time of cancellation.
Print size and position
Whilst every effort is made to adhere to customer guidelines and to the client-approved artwork, due to the variability and differing engraving qualities of natural materials, the final size and position of the artwork is at the discretion of the engraver.
Free issue processing
Where we accept third party goods to be marked, we do not accept liability for any losses or damage incurred during the engraving process.
Neither will we accept any liability in respect of engraving quality or engraving position due to variability in the products supplied.
An allowance of up to 5% should be made of set-up and problems occurring during engraving.
Orders are normally supplied in exact quantities. However we reserve the right to supply up to 5% under or over quantity. This is more likely to occur where custom-made products are involved.
Goods remain the property of Trilogy Lasercraft Ltd until paid for in full. Contracts are divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect or default in delivery of any other instalment.
It is the responsibility of the customer to ensure that artwork and designs forwarded to us for manufacture or engraving do not infringe copyrights.
Where we have designed product or artwork, either completely from scratch or working in collaboration with a client, we reserve the right to claim copyright on such designs and to replicate them as required.
Any delivery time stated is our best estimate and shall not be considered a contractual obligation. We shall not be liable for any loss or damage sustained by the buyer due to our inability to maintain delivery times stated in good faith. Our obligation to delivered goods ordered will be cancelled by circumstances beyond our normal control. Unless otherwise specified, we use an overnight carrier service for delivery during the following day. We will not accept liability for damage or losses or costs incurred where the carrier fails to deliver according to the contract schedule. We will co-operate fully where clients wish to use their own courier service.
The processes used in advertising and promotional literature are intended to illustrate the effect obtained by personalisation and do not necessarily imply that the products have been supplied or endorsed by the owners of the trademarks featured.
Where samples of product, material or process have been requested, they are supplied only as an indication of the quality, material or process and should not be taken as proof samples or as indicative of the colour, quality, engraving or general finish of the bulk of any order subsequently placed. We can supply a proof sample, or first-off for any production run (subject to a small charge), but clients should be aware that we cannot accept liability for variations in colour, texture and patternation (patination or pattern?) due to the nature of the materials used.
The contract shall be deemed to have been made in England and the parties to the contract submit to the jurisdiction of the English courts