LabelView.co.uk - Terms of Sale
Definitions and Terms of Contract
In these Conditions Etiquette Labels Limited is referred to as “Etiquette” and the party to which the quotation has been given, or with which the seller has entered into a contract, is referred to as “The Customer”. All orders from the Customer shall be treated by Etiquette as an offer to purchase. No contract shall come into existence until such order has been accepted by Etiquette by way of an order of acknowledgement in the form used by Etiquette from time to time (“the Order Acknowledgement”). Neither the performance in whole or in part of the Customer’s order, nor any conduct whatsoever on the part of the Customer, shall be construed as the acceptance by Etiquette of any terms and conditions inconsistent with these Conditions of Sale, which shall not be deemed to have been altered, modified or varied by any condition stipulated by the Customer, unless such condition has been agreed, in writing, by Etiquette. The Customer acknowledges that in entering into a contract with Etiquette it does not rely on any representations or statements which may have been made by Etiquette, or its servants or agents, and all such representations or statements are hereby excluded, save as may be expressly incorporated in these conditions, in the Order Acknowledgement, or in any other amended Order Acknowledgement.
The price payable by the Customer for each delivery shall be the price ruling as published or operated by Etiquette at the date of despatch, to which shall be added any Value Added Tax and any other tax or duty relating to the manufacture, transportation, export, import, sale or delivery of the goods. All prices are on an ex-factory basis and do not include transportation costs unless otherwise expressly agreed. Special carriage or transport costs incurred at the request of the Customer will be charged to the Customer. Quotations are based on Etiquette’s current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. All work carried out, whether experimentally or otherwise, at the Customer’s request shall be charged.
Terms of Trading
Unless otherwise stated, terms of payment are net against invoice, payable within 30 days from the date of the invoice. In the event of payment being overdue Etiquette reserves the right to charge interest and compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. On any account not paid within Etiquette’s terms of trading, Etiquette reserves the right to add to the account any cost incurred by Etiquette in instructing an agent or solicitor to act on Etiquette’s behalf in the recovery of that account.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible. Electronic files. In these conditions, “electronic file” means any text, illustration or other matter supplied to Etiquette in digitised form on disk, through a modem, or by ISDN or any other communication link. It is the Customer’s responsibility to maintain a copy of any original electronic file. Etiquette shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed. Without prejudice to clause 16, if any electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action Etiquette may make a charge for any resulting additional cost incurred.
Proofs of all work may be submitted for the Customer’s approval and Etiquette shall incur no liability for any errors not corrected in proofs so submitted. The Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Etiquette’s judgement, changes therefrom made by the Customer shall be charged extra. Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed in writing.
Variations in quantity
Machine readable codes
Machine readable codes
Delivery and payment
Ownership and risk
Materials supplied by the Customer
Etiquette may reject any film, disks, paper, plates or other materials supplied or specified by the Customer which appear to Etiquette to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional costs could have been avoided but for unreasonable delay by Etiquette in ascertaining the unsuitability of the materials then that amount shall not be charged to the Customer. Where materials are so supplied or specified, Etiquette will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. Quantities of materials supplied shall be adequate to cover normal spoilage.
Delivery and Risk
The time given for the delivery and completion is intended as a best estimate only and is dated from receipt by Etiquette of the Customer’s written order and of all necessary information to enable the work to be put into hand, and of any monies that may be due. Orders accepted and acknowledged by Etiquette are based on the time of delivery not being of the essence. Etiquette shall be under no liability for any failure to deliver or for any delay in delivery for any reason whatsoever. Goods supplied by Etiquette shall be at the Customer’s risk immediately on delivery to the Customer or into custody on the Customer’s behalf (whichever is the sooner).
Passing of Property
Goods supplied by Etiquette shall remain the property of Etiquette until payment in full of all monies owing by the Customer, to Etiquette, in respect of such goods has been received (in cash or cleared funds) by Etiquette and, until such time, the Customer shall hold such goods as bailee for Etiquette. Notwithstanding that property in the goods has not passed to the Customer, the Customer shall be entitled to use the same in the ordinary course of business and to resell the same provided always that the proceeds of any such resale or, if less, such part of the proceeds as is equal to the amount of Etiquette’s invoice, shall be held on trust by the Customer for Etiquette until such time as Etiquette has received payment in full of all amounts (in cash or cleared funds) owing by the Customer to Etiquette in respect of such goods or any other debts. Notwithstanding that property in any goods has not passed to the Customer, Etiquette shall be entitled to sue the Customer for the price thereof if not paid on the due date. Etiquette shall be entitled at any time to repossess goods which remain the property of Etiquette and the Customer hereby grants to Etiquette, its agents or servants a licence to enter upon any premises where such goods are stored for the time being for the purpose of repossessing the same and agrees to give Etiquette such assistance as Etiquette may require for such purpose. The costs of any repairs required to the goods to return them to a saleable condition shall remain the liability of the Customer.
Etiquette shall not be required to print any matter which in Etiquette’s opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. Etiquette shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of libellous matter or any infringement of copyright, patent, design or any other proprietary or personal rights contained in any material printed for the Customer. The indemnity shall include (without limitation) any amounts paid on a lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.
Etiquette shall be under no liability if Etiquette shall be unable to carry out any provision of the contract for any reason beyond its reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the customer; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Etiquette elect to terminate the contract and pay for the work done and materials used, but subject thereto shall otherwise accept delivery when available.
General Data Protection Regulation (GDPR)
We take the privacy of all staff, suppliers, customers and prospects very seriously. In order to carry out our day to day business legally, safely and efficiently, we need to obtain and store personal as well as Corporate data. To allow us to send information and quotations to customers and interested parties we need to store contact details which typically include names, email addresses, telephone numbers and postal addresses. On initial contact through our website customers and prospects will be asked to confirm their agreement to this data collection. This information will be used to contact the interested party with quotations, samples and other promotional literature that they have requested. Periodically we may contact them with further offers. By agreeing to our terms, you agree to the capture and retention of such information that may identify you as an individual, understanding that it will be used lawfully in the furtherance of a legitimate interest in and by Etiquette Labels Ltd. Contact details will never be shared by us with third parties. At any time, customers may request that we delete the data we hold on them, and this will be carried out promptly and in full.
These Conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the Customer and Etiquette agree that the English Courts shall have exclusive jurisdiction.