TERMS AND CONDITIONS
1. Definitions
In these conditions, unless the context requires otherwise:1.1 ‘Conditions’ means the terms and conditions of sale set out in this document and
any special terms and conditions agreed in writing by the Seller;
1.2 ‘Customer’ means the person who buys or agrees to buy the goods from the
Seller and whose name and address appears in the box marked ‘Customer name
and address’ overleaf;
1.3 ‘Delivery Date’ means the date specified in the box marked ‘Requested Delivery’
overleaf;
1.4 ‘Goods’ means the products which the Customer agrees to buy from the Seller
full details of which appear in the relevant boxes overleaf; packing, insurance
and VAT appear in the relevant boxes overleaf;
1.6 ‘Seller’ means Rose of Colchester Limited;
1.7 ‘Proofs’ means black and white laser output of typeset copy for inclusion in the
Goods.
2. Conditions Applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to
the Customer to the exclusion of all other terms and conditions including any
terms or conditions which the Customer may purport to apply under any
purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Customer to purchasethe Customer to the exclusion of all other terms and conditions including any
terms or conditions which the Customer may purport to apply under any
purchase order, confirmation of order or similar document.
Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the
Customer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions
agreed between the parties) shall be inapplicable unless agreed in writing by
the Seller.
3. Price and Payment
3.1 The Price shall be the price set out overleaf. The Price is exclusive of VAT whichshall be due at the rate ruling on the date of the Seller’s Invoice.
3.2 Payment of the Price and VAT shall be due within 30 days of the date of the
invoice. Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes
due from day to day until the date of payment at a rate of 2% above Lloyds TSB
Bank plc’s base rate from time to time in force and shall accrue at such a rate
after as well as before any judgement.
3.4 All payments to be sent to Rose of Colchester Ltd and not paid to agent.
4. The Goods
4.1 The quantity and description of the Goods shall be as set out overleaf.4.2 The Seller shall not be liable for over or under delivery of 10% or less but such
surplus or shortage shall be charged or deducted accordingly.
4.3 Where Proofs are submitted for the Customers approval, the Sellers shall accept
no responsibility for any errors or admissions which are not corrected by the
Customer within 5 working days of the date of their despatch to the Customer
upon the expiry of which they will be deemed to be correct and the order printed.
5. Warranties and Liability
The Seller warrants that the Goods supplied will at the time of delivery
correspond to the description given by the Seller. All other warranties, conditions
or terms relating to fitness for purpose, quality or condition of the goods, whether
express or implied by statute or common law or otherwise are excluded to the
fullest extent permitted by law.
6. Delivery of the Goods
Delivery of the Goods shall be made to the Customer’s delivery address set outoverleaf on the Delivery Date. The Goods may be delivered in advance of the
Delivery Date upon the giving of reasonable notice to the Customer. The
Customer shall make all arrangements to take delivery of the Goods whenever
they are tendered for delivery.
7. Acceptance of the Goods
7.1 The Customer shall be deemed to have accepted the Goods 72 hours afterdelivery to the Customer.
7.2 After acceptance the Customer shall not be entitled to reject Goods which are not
in accordance with the contract.
8. Title and Risk
8.1 Notwithstanding delivery and the passing of risk in the Goods or any otherprovisions of these conditions, the title in the Goods shall not pass to the
Customer until the Seller has received, in cleared funds or cash, payment in full
of the price of the Goods.
8.2 Until such time as the title in the Goods passes to the Customer:
8.2.1 The Seller shall have absolute authority to retake, sell or otherwise deal
with or dispose of all, any or part of the Goods in which title remains
vested in the Seller;
8.2.2 For the purpose specified in 8.2.1 above the Seller or any of its agents or
authorised representatives shall be entitled at any time and without
notice to enter upon any premises in which the Goods or any part there
of is installed, stored or kept or is reasonably believed so to be;
8.2.3 The Seller shall be entitled to seek a Court injunction to prevent the
Customer from selling, transferring or otherwise disposing of the Goods;
8.2.4 The Customer shall store or otherwise denote the Goods in respect of
which property remains with the Seller in such a way that the same can
be recognised as the property of the Seller;
8.2.5 The Goods must be retained by the Customer in identical packaging and
in secure conditions and the Customer must not allow it to become
intermingled with any other product or substance.
8.3 Risk shall pass on delivery of the Goods.
9. Customer Property
Any property supplied to the Company by or on behalf of the Customer will beheld, worked on and carried at the Customers risk save where the Company
is negligent.
10. Remedies of Customer
10.1 Where the Customer rejects any Goods then the Customer shall have no furtherrights whatsoever in respect of the supply to the Customer of such goods or the
failure by the Seller to supply Goods which conform to the contract of sale.
10.2 Where the Customer accepts or has been deemed to have accepted any Goods
then the Seller shall have no liability whatsoever to the Customer in respect of
those Goods.
10.3 The Seller shall not be liable to the Customer for late delivery or short delivery of
the Goods and time shall not be of the essence in relation thereto.
11. Property Law of Contract
This contract is subject to the law of England and Wales.