Terms and Conditions for supply of goods and services of PaperFlag.co.uk
1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by PaperFlag.co.uk, 35 Charter Gate, Moulton Park Industrial Estate, Northampton, NN3 6QB ("we" and "us") to the customer ("you") and constitute the entire and only agreement between us in relation thereto.
1.2 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us, at which point a legally binding contract is constituted between us.
1.3 On receipt of your purchase order we will submit a document confirming price and specification. Any discrepancies should be notified to us immediately.
Important Customer Obligation / Responsibility:
Please read this
It is the customers sole responsibility to obtain all necessary property rights licences, permissions and consents, which may be required before the commencement of our services. We accept no liability for any such infringements and cannot be held responsible for any losses or claims which would arise from any such violation.
When an end use for our products has not been stated on order, we cannot be held responsible if product is unsuitable for the use and fails.
Our products are not recommended to be used in extremely bad weather conditions and we can accept no liability for any damage caused to or by our product, if this advice is disregarded.
2. Price & Payment
2.1 The price payable for the goods you order is as set out on your specification document, which will be sent to you prior to commencement of work on our part.
2.2 Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.3 We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
2.4 If you are an account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the annual rate of 3 per cent over HSBC's then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement , together with any reasonable legal or other recovery costs. You are responsible for all orders placed by your authorised employees and we are not bound by any individual order limit you may impose on your authorised employees.
You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and receive orders.
3. Delivery & Title
3.1 We deliver the goods in accordance with your order usually within the stated delivery time but will not be liable for any losses, costs or expenses caused directly or indirectly by any delay in the delivery of the goods. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts.
If you require a guaranteed delivery date, we can offer a same day courier with price available on request.
3.2 For reasons of health and safety and to avoid any property damage, most large items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.
3.3 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date and the re-delivery costs shall be borne by you.3.4 Without prejudice to Clause 3.3, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
5. Cancellation & Returns
5.1 Due to the mainly bespoke nature of most our products, you may only cancel your order because of faulty, incorrect goods or because of unsuitable substitution by us, please notify us of the problem at the time of cancellation.
5.2 On cancellation of faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we ask that you allow us to nominate the carrier.
PLEASE READ THIS CLAUSE
6.1 If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
6.2 We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
6.3 This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
6.4 Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK.
6.5 If you are a trade customer and subject to Clause 6.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
6.6 Occasionally, product dimensions may vary and we reserve the right to supply up to 5% + or -.
7. Limited Companies - Guarantee
7.1 Those signing the Trade Credit Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations.
7.2 If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
8. Age Requirement for Specific Goods
We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
10. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
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