Terms and Conditions
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Terms and Conditions of Sale
Abalone Graphics Ltd, Unit 16, Alderflat Drive, Newstead Industrial Estate, Staffordshire, ST4 8HX
Company Number 7342562
Abalone Graphics Limited – Terms and Conditions of Sale
1.1 “The Seller” shall mean Abalone Graphics Limited and its associated trading divisions.
1.2 “The Buyer” shall mean the person, firm or body corporate or unincorporate contracting with the Seller whether as agent or not and if contracting as agent then the agent shall be deemed to include the principal of such agent.
1.3 “The Goods” shall mean all items sold by the Seller pursuant to the contract with the Buyer.
1.4 “The Contract” means the contract for the purchase and sale of the Goods (including any forward contract for an agreed quantity at an agreed price).
2. Basis of the Sale
2.1The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller, which is accepted by the Buyer subject to these conditions, which shall govern the Contract to the exclusion of any other terms, and conditions subject to which any such quotation is accepted or purported to be accepted.
2.2 No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
3. Price of Goods
3.1 The price of the Goods shall be the quoted price or where no price is quoted (or a quoted price is no longer valid) the price stated in the Seller’s current price list at the time of acceptance of the order unless expressly otherwise agreed in writing by the Seller.
3.2 All orders are subject to carriage charges at the seller’s current rate unless agreed in writing to the contrary.
3.3 The Seller reserves the right to alter its current price list at any time without prior notice.
3.4 All prices (including the cost of carriage) are subject to value added tax at the rate in force at the time of invoicing subject to the provisions of clause 10.2 below.
3.5 All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
3.6 The Seller reserves the right to charge for all preliminary work undertaken including artworks, proofs, samples, print and embroidery patterns produced at the Buyer’s request. Where no charge has been agreed then these will be at the value of work done and materials supplied.
4.1 Payment is required in advance of processing orders. For credit accounts, invoices shall become due for payment 30 days from the date of invoice unless otherwise agreed in writing by the Seller.
4.2 The Seller reserves the right to charge interest on any balances overdue at a rate of 5% above the base rate from time to time of Barclays Bank plc from the stated payment date until payment has been received in full.
5.1 All goods supplied by the Seller to the Buyer whether direct or to a third party shall be subject to carriage charges unless otherwise agreed in writing by the Seller.
5.2 All Products to be supplied by the Seller shall be sold DAP to the Delivery Point in accordance with Incoterms 2010, and accordingly the Distributor shall in addition to the price, be liable for arranging and paying all costs of transportation, other formalities and charges from the time the Products are made available at the named place of destination.
6. Ownership of the Goods
6.1 risk in the Goods passes to the Buyer immediately upon delivery of the Goods to the Buyer or collection of the Goods by the Buyer or its agent;
6.2 until the Seller has received payment of all sums due from the Buyer to the Seller on any account:-
6.2.1 title in the goods shall remain in the Seller and the Buyer shall hold them as the Seller’s bailee and fiduciary agent;
6.2.2 the Buyer shall keep the Goods properly housed and protected and in good and substantial repair and condition and shall store them separately and in such a way that they can be readily identified as the Seller’s property. The Buyer shall ensure that the Goods are kept free from any charge or encumbrance;
6.2.3 the Buyer may sell the Goods in the ordinary course of business and on commercially reasonable terms on the basis that (notwithstanding that any period of credit permitted under the contract may not have expired) the full proceeds of sale (or such monies as the Buyer shall receive) are the property of and held on trust for the Seller and, if required by the Seller in writing, shall be kept separate from the Buyer’s own monies and from all other accounts;
6.2.4 where the Goods have been sold by the Buyer it shall, at the Seller’s request and the Buyer’s expense, assign to the Seller all its rights against its customer;
6.2.5 the Seller may at any time revoke the authority given to the Buyer under 6.2.3 above to sell the Goods, and the Buyer shall thereupon permit the Seller to enter upon the premises where the Goods are located and remove the same.
6.3.1 should the Buyer convert the Goods (or any of them) into a new product whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions the conversion shall be effected by the Buyer solely as agent for the Seller who shall have the full legal and beneficial ownership of the new products;
6.3.2 the Buyer shall store the Goods and the new products separately and in such a way that they can be readily identified as being the property of the Seller and shall immediately return the Goods to the Seller should its authorised representative so request;
6.3.3 should goods which are the property of the Seller be admixed with goods the property of any person(s) other than the Buyer, then the product thereof shall be deemed to be owned in common with such person(s);
6.3.4 the Seller shall be legally and beneficially entitled to the proceeds of sale and the Buyer shall pay such proceeds into a separate account or otherwise shall ensure that all such proceeds are kept by or on behalf of the Buyer in a separate and identifiable form. In particular but without prejudice to the generality of the foregoing the Buyer shall not pay the proceeds into any bank account, which is overdrawn.
7. Insolvency of Buyer
7.1 This clause applies if:-
7.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
7.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
7.1.3 the Buyer ceases or threatens to cease to carry on business; or
7.1.4 the Seller reasonably believes that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
7.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary and in addition the Seller may immediately enter upon the premises where the Goods are located and remove the same.
8. Claims for Shortages, Damages and Non-Delivery
8.1 Claims in respect of short delivery or damage must be presented in writing to the Seller within three days of receiving the Goods.
8.2 Claims in respect of non-delivery must be presented in writing to the Seller within one calendar month of the despatch of the Goods.
8.3 All other claims must be presented within seven days of receipt of the Goods.
8.4 All orders accepted for application of the sellers products to the buyers own goods will be accepted on the premis that there be no liability whatsoever by the sellers for either damage to the buyers goods while on the sellers premises or in transit to or from the sellers premises and therefore orders of this nature are accepted at the buyers own risk.
8.5 The Seller undertakes to take good care of any items sent by the Buyer for illustration, colour and image matching etc, but accepts no liability for their damage or loss either on the Seller’s premises or in transit.
9. Return of Goods
9.1 The Seller cannot accept any goods for return if they have in any way been decorated with embroidery, printing or other method or have been further personalised, processed or altered by or at the instigation of the Buyer.
9.2 Goods cannot be returned without the prior express consent of the Seller and are subject to the following additional guidelines:
9.2.1 Proof of purchase including invoice or delivery note number.
9.2.2 The request is made in writing within 28 days of the invoice date.
9.2.3 No items that are deemed to be non-stock items will be accepted.
9.2.4 A re-stocking charge of either £15.00 or 15% of the list price of the returned items shall be charged and invoiced using the original order number.
10. Samples and Estimates
10.1 The production of samples prior to an order being placed does not constitute a sale by sample. Whilst every effort will be made by the Seller to produce compliance with the sample, the Seller will not be responsible for any differences between the sample and the Goods supplied due to circumstances beyond its reasonable control.
10.2 Whilst every effort will be made to give accurate estimates the Seller retains the right to amend initial estimates and quotations for embroidery on finalisation of production – ready embroidery patterns.
10.3 Where the Buyer supplies items onto which the Seller attaches goods sold pursuant to this contract the Buyer warrants that the items provided by it are suitable in all respects to accept the Seller’s goods on to them and that they are suitable for the fixing methods adopted by the Seller and the Seller accepts no liability for any loss or damage suffered by the Buyer as a result of the unsuitability of the items provided by the Buyer.
11.1 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other item, or any duty at common law, or under the express terms of the Contract, for any direct, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
11.2 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:-
11.2.1 Act of God, explosion, flood, tempest, fire or accident;
11.2.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
11.2.3 acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
11.2.4 import or export regulations or embargoes;
11.2.5 strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
11.2.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
11.2.7 power failure or breakdown of machinery.
11.3 Warning: Badges with magnetic fittings should not be worn by anyone with a heart pacemaker. It is also recommended that the magnet is kept at least 20cm from payment/credit cards and sensitive electronic/magnetic equipment and storage devices.
11.4 Modern garments are coated and finished in many different ways. We therefore recommend testing the best combination of heatseal parameters and method before applying the decoration. The Seller accepts no liability for incorrectly applied decoration.
11.5 The Buyer accepts that there will be minor variations in colour, particularly with digitally printed goods, between the original supplied image and that produced by the Seller.
12.1 Information regarding the Seller’s goods as contained in catalogues, brochures and any other media provided by the Seller to the Buyer is given in good faith but is intended as being approximate and it shall be the duty of the Buyer to rely on its own judgement as to the nature quality and suitability for its purpose of the Seller’s goods.
12.2 The Seller reserves the right to alter or amend specifications without prior notice.
The Contract shall be governed by the laws of England and be subject to the exclusive jurisdiction of the English Courts.
14. Important Copyright Notice
It is an express condition of all contracts for the supply of designs, artworks, embroidery patterns, emblems, prints and embroideries that the Buyer possesses the full authority and permission of the Copyright Holder or Trade Mark owner to reproduce the design, motif or logo in question. The Seller supplies such designs, artworks, embroidery patterns, emblems, prints and embroideries in good faith and for lawful purposes only. Such supply does NOT constitute a warranty by the Seller that the design, logo or motif may be reproduced and the Seller accepts no responsibility for any unauthorised reproduction thereof and the Buyer agrees to indemnify the Seller in respect of any claim action or demand made against the Seller in respect of any such breach. The Seller reserves the right to decline an order if it is believed copyright is being breached or the image is deemed offensive or obscene.
The Buyer’s placement of an order signifies full acceptance of these Terms and Conditions and of the clauses herein.
Website Terms and Conditions
TERMS OF WEBSITE USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
Other applicable terms
If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.
Information about us
www.abalonegraphics.com is a site operated by Abalone Graphics Ltd (“We”). We are registered in England and Wales under company number 7342562 and have our registered office at Unit 16, Alderflat Drive, Newstead Ind Estate, Stoke-on-Trent, ST4 8HX. Our main trading address is the same as our registered address. Our VAT number is GB 102040691.
We are a limited company.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
[Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.]
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
If you are a business user, please note that in particular, we will not be liable for:
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply http://abalonegraphics.com/terms-of-sale .
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. [If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.]
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of the Site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
Rights you licence
When you upload or post content to our site, you grant the following licenses:
We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please email email@example.com.
Thank you for visiting our site.
Delivery and Carriage
Free Delivery over £250
For orders over £250 (excluding VAT) we offer free delivery to UK addresses, excluding the Scottish Highlands, Northern Ireland & Channel Islands/Isle of Man where a delivery charge of £20 will apply to orders over £250 to these areas.
Standard Delivery £8.95
Orders below £250 (excluding VAT) we charge just £8.95 + VAT to deliver your order. An additional delivery surcharges of £11.75 also applies to the Scottish Highlands, Northern Ireland & Channel Islands/Isle of Man.
Collect from us
If you have an ST post code and would prefer to collect from our premises select this option. We will let you know when your order is ready for you collect, please don’t turn up unless we have advised you your orders is available to collect.
Products without a logo or personalisation have an average delivery time of 1-2 working days or 3 – 5 working days depending on the brand/product.
Items with a logo or other types of personalisation have a standard delivery time of 5-10 working days following approval of your production proof. Please monitor your email address for your artwork approval email that you will need to approve before we begin production.
If you have a specific date for when you need your products by please let us know as we will always endeavor to achieve this for you if its possible. It may also be possible to upgrade your delivery or pay a fastrack surcharge to expedite your order this is only available at certain times and for select products and branding options, we cannot be held responsible for missed deadlines or deliveries.
Note: Items cannot be left without a signature by the recipient.
Your business is greatly appreciated and we pride ourselves on our exceptional customer service if you have any questions regarding your order or delivery we are available 9am – 5pm weekdays you can call us on: 01782 411460
Abalone Graphics Ltd is a supplier of custom clothing and promotional items based in Stoke On Trent UK.
Our website address is: https://www.abalonegraphics.com
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Who we share your data with
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