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Terms & 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’in the Order Acknowledgement;

1.3 ‘Delivery Date’ means the date specified in the Order Acknowledgement;

1.4 ‘Goods’ means the products which the Customer agrees to buy from the Seller full details of which appear in the relevant boxes in the Order Acknowledgement;

1.5 ‘Price’means the price for the Goods full details of which excluding carriage, packing, insurance and VAT appear in the Order Acknowledgement;

1.6 ‘Seller’ means means Reeve Calendars Limited;

1.7 ‘Proofs’ means black and white laser output of typeset copy for inclusion in the Goods;

1.8 ‘Order Acknowledgement’ means the Seller's printed contract confirmation.

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 purchase 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 stated in the Order Acknowledgement. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s Invoice;

3.2 The Seller reserves the right, by giving notice to the Customer at any time before delivery, to increase any prices for Goods to reflect any increase in the cost to the Seller which is due to;

3.21 any change in delivery dates, quantities or specifications which is requested by the Customer;

3.21 any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, alteration of duties, significant increases in the cost of manufacture.);

3.3 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;

3.4 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;

3.5 All payment to be sent direct to Reeve Calendars.

4. The Goods

4.1 The quantity and description of the Goods shall be as set out in the Order Acknowledgement;

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 Seller 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

6.1 Delivery of the Goods shall be made to the Customer’s delivery address set out in the contract;

6.2 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more instalments in accordance with those Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Agreement as a whole as repudiated;

6.3 In relation to export sales, the Customer shall be responsible for arranging inspection of the Goods at the Seller’s premises before shipment. The Seller shall have no liability for any claim in respect of any defect in the goods which would be apparent on inspection but which is only discovered after shipment or in respect of any damage during transit;

6.4 Any time or date for delivery named by the Seller is an estimate only and the Seller shall not accept liability for any loss or damage or any consequential loss arising either directly or indirectly from delay in delivery howsoever caused;

6.5 If the Customer fails or refuses to accept delivery of any goods when they are ready for delivery in accordance with the provision of this clause 6, then delivery of the Goods will be deemed to have taken place and the Seller may store or arrange for storage of such goods and to charge the Customer for all related costs and expenses (including but not limited to storage and insurance) and the Seller may dispose such Goods 30 days after such refusal, postponement or failure and deduct any monies payable to the Seller by the Customer from the disposal proceeds and account to the Customer for any excess or charge the Buyer for any shortfall below the relevant contract price. The provisions of the clause 6.5 are without prejudice to any other right or remedy which the Seller may have;

6.6 The Customer shall provide (at its expense) at the place where delivery of the Goods is to take place adequate and appropriate equipment and manual labour for loading or off loading (as appropriate) the Goods.

7. Acceptance of the Goods

7.1 Notwithstanding delivery and the passing of risk in the Goods or any other provisions 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;

7.2 Until such time as the title in the Goods passes to the Customer;

7.2.1 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;

7.2.2 For the purpose specified in 7.2.1 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 thereof is installed, stored or kept or is reasonably believed so to be;

7.2.3 The Seller shall be entitled to seek a Court injunction to prevent the Customer from selling, transferring or otherwise disposing of the Goods;

7.2.4 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;

7.2.5 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;

7.3 Risk shall pass on delivery of the Goods.

8. Customer Property

Any property supplied to the Company by or on behalf of the Customer will be held, worked on and carried at the Customers risk save where the Company is negligent.

9. Remedies of Customer

9.1 Where the Customer rejects any Goods then the Customer shall have no further rights 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;

9.2 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;

9.3 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.

10. Property Law of Contract

This contract is subject to the law of England and Wales

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