1. "Promotional Solutions" is Promotional Solutions UK Ltd.
2. “Purchaser” is the other party to the Contract.
3. "Goods" means the articles or things described in the contract between Promotional Solutions and the Purchaser.
4. Except where the context requires otherwise, words importing the masculine shall include the feminine; words importing the singular shall include the plural; words importing natural personage shall be equally applicable to corporate personage; and vice versa.
5. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
6. To the exclusion of all others, these Terms and Conditions shall be deemed to be incorporated in all Contracts between Promotional Solutions and the Purchaser.
7. In the case of any inconsistency with any order or form of Contract sent by the Purchaser to Promotional Solutions whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of Promotional Solutions.
8. Notwithstanding that Promotional Solutions may have given a detailed quotation no order shall be binding on Promotional Solutions unless and until it has been accepted in writing by Promotional Solutions.
9. Any times or dates given for completion or delivery of Goods shall be binding on Promotional Solutions. Such liability shall not extend to delays beyond the control of Promotional Solutions including, without prejudice to the generality of the foregoing, defects in files or omissions of information delays in approval of proofs and non-performance of carriers.
10. Whilst every endeavour shall be made to deliver the correct quantity ordered, the Contract is conditional on the delivered quantity being subject to a tolerance of either 5% less than the ordered quantity or 5% more than the ordered quantity.
11. Unless otherwise agreed by Promotional Solutions, all Goods shall be paid for at the time of order.
12. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, failure to settle payment within the timeframe agreed by Promotional Solutions shall entitle the Promotional Solutions to claim, in addition to the sums invoiced, interest on those sums at a rate of four (4) percentage points per daily above the Bank of England Base Rate.
13. All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
14. Where the Goods are based wholly, entirely or in part on artwork provided by the Purchaser, Goods are considered to be accepted by the Purchaser at point of delivery.
15. Therefore, and in accordance with Clause 14, by their nature Goods do not have a redeemable value and no refunds or credits for Goods delivered will be entertained.
16. Nothing herein shall impose any liability upon Promotional Solutions in respect of any defect in the Goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the Goods.
17. Promotional Solutions shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
18. The liability of Promotional Solutions to the Purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the Goods.
19. If the Purchaser shall be in breach of any of their obligations under the contract Promotional Solutions may (without prejudice to Promotional Solutions rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of Goods without notice until any defaults by the Purchaser are remedied.
20. No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Promotional Solutions shall be construed to enlarge, vary or override in any way these conditions.
21. Any concessions made or latitude allowed by Promotional Solutions to the Purchaser shall not affect the strict rights of Promotional Solutions under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.
22. Where the Goods are based wholly, entirely or in part on artwork provided by the Purchaser, and at its sole discretion, Promotional Solutions reserve the right to decline to print any item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full.
23. The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the Purchaser and Promotional Solutions agree to submit to nonexclusive jurisdiction of the English courts.
Promotional Solutions UK LIMITED, trading as Promotional Solutions, of Lyndwood, Frolesworth Road, Leire, Leicestershire, LE17 5HJ, United Kingdom registered in England under Company Number 04862831.