In these conditions the ‘Company’ means Positive Media Promotions Ltd. Whose office address is Unit 4 Warren Park Way, Enderby, Leicester, LE19 4SA England. The ‘Buyer’ means the person or organisation placing the order irrespective of their relationship to the contract in han
1. Price and Payment
A. All payments are to be made in sterling.
B. Unless otherwise agreed in writing, the price of the goods and/or services shall be that ruling at the date of despatch or completion and payment and payment shall be net cash unless credit facilities are granted in advance of the contract.
C. Where credit is granted, payment is due within 30 days of the invoice date. Failure to pay by this date renders all invoices outstanding due and payable on demand and further credit will be withheld.
2. Copyright & Artwork
The Company assumes that by passing artwork etc. to them the Buyer has a legal right to the property in it and requires the Buyer to indemnify the Company from all and any claims arising from alleged breach of copyright etc. The Company under no circumstances will accept any actions against itself whether direct, conjoined or ex parte, and the company accepts no liability for Buyer’s mistakes or transgressions in this (or any other) field.
All agreed terms are subject to sight of artwork if any. Artwork will not be sent to print without confirmation either verbal or written. The Company will take no responsibility for any problems with artwork after approval and confirmation to send to print. If the artwork is not correct after approval the Buyer will incur all costs for the re-printing of the product if required. All deadlines are based on the date the artwork is approved by the Buyer not the date of the order confirmation. If the artwork is not approved in time to meet the deadline the Company will take no responsibility for late deliveries. All unique artwork created by the Company remains the sole property of the Company and cannot be used by the Buyer without written permission from the Company. A charge may be implemented to release the artwork to be used outside the Company.
3. Passing of Risk and Property
Goods will be at the Buyers risk from the time of despatch as hereinafter defined, but property in the goods will remain in the Company and will not pass to the Buyer until the Company has received the purchase price of the goods in full. It is a strict provision of any contract between the Company and the Buyer that when the Buyer resells the goods to which the contract relates that the Buyer imposes the same terms and conditions of sale (As contained in this document) on his/her client to ensure that the title of goods does not pass from the Buyer until full payment is received by the Buyer.
Where the Company supplies goods that are printed. The Company reserves the right to supply 5% above or below the quantity ordered by the Buyer. The Company will make every endeavour to supply the exact quantity ordered by the Buyer but the Buyer must accept that excess material has to be printed to compensate for wastage and this cost of wastage is not included in any quotation. The Buyer must pay for any quantity of goods in excess of the ordered quantity and will only pay for the quantity despatched and at the price of the whole order.
4. Delivery Dates
Whereas the Company will make every endeavour to meet despatched deadlines all despatch and completion dates are given in good faith but are not guaranteed and no liability will be accepted for any losses, costs, damages, or expense suffered by the Buyer as a result of failure to meet any such date. The Company shall be entitled to despatch goods at any time on or before the date specified on the Sales Order Acknowledgement or other document issued by the Company relating to delivery dates and unless otherwise specified by the Buyer the Company may at its discretion despatch all of the goods in one consignment or in portions time to time before or on the specified date. If the Company fails to meet the acknowledged despatch date the Buyer is entitled to cancel the order providing that the Company is given at least three weeks from the date the Company receives back from the Buyer the signed order acknowledgement. The Company shall not in any event be liable for any special, consequential or indirect loss or damage (including, but without limitation, any loss of or in respect of profit, wages or overheads) suffered by the Buyer as a result of any delay in a failure of delivery.
The Company is responsible for the goods to the point of despatch and may organise carriage on the Buyers behalf but only when requested to do so by the Buyer. In all circumstances any third party carrier used to transport goods will be deemed to be the agent of the Buyer. The Buyer is totally responsible for goods in transit and any losses, direct or consequential, or as a result of carrier failure in meeting the delivery date is responsibility of the Buyer. It is the Buyers responsibility to ensure that the delivery addresses are correct and that the recipient will be available to take delivery of the goods on the day they are due to arrive. If the recipient is not present to take delivery the Company will charge the Buyer for each additional delivery attempt. The Company will under no circumstances take any responsibility for the delivery to exhibition venues, conference venues and private homes even though the Company is prepared to send goods to these destinations and we will do this on the Buyers behalf but always at the Buyers own risk of loss, late delivery or non-delivery.
6. Claims on Delivery
All claims for non-delivery of any consignment shall be made in writing to the company and any carrier engaged by the Company within five (7) working days after the date of despatch shown on the Company’s invoice.
7. Force Majeure
In the event that as a result of any act of God, Storm, Fire, Flood, Explosion, Strike, Lockout (whether at the Company’s premises or elsewhere), shortage of materials or any other matter which is beyond the Company’s reasonable control, or not within its reasonable contemplation at the date of acceptance of the Buyer’s order, the performance of the contract is made materially more onerous or expensive for the Company, the Company may at any time by written notice cancel the contract without liability to the Buyer. In the event that by the date on which the Company serves such notice of cancellation is given, the Buyer shall be obliged to take up and pay for the goods so invoiced.
8. Returns & Refund Policy
Due to the bespoke nature of personalised items, we do not accept returns.
However if any items are damaged or an error in the print is deemed to be our fault. We will reprint the items or offer a refund providing we are informed in writing within 7 working days from delivery.