SALES AND DELIVERY CONDITIONS AND TERMS OF PAYMENT
1. The buyer accepts our sales and delivery and terms of payment listed below as binding with his order. Oral agreements are not recognised. Special agreements must be made in writing and are to be acknowledged by us. If individual points of our conditions are invalid or become so, the other clauses remain nevertheless valid.
2. All quotations whether verbal or in writing are subject to our written confirmation on receipt of the Buyer’s order and no contract shall be concluded until such written confirmation is given.
3. All prices quoted are ex works and subject to an additional charge for packing and carriage. Prices are subject to the addition of Value Added Tax at the rate ruling at the date of invoice. We reserve the right to amend prices without prior notice to cover any increase in costs of materials services or labour or in taxation or duty which may take place prior to delivery of the order.
4. Where we have to import material to fulfil the order we reserve the right to vary the price quoted to reflect any difference between the rate of exchange for purchase of the relevant currency quoted by the Bank of England and the date we are invoiced for the relevant materials by our supplier.
5. Unless credit terms have been agreed payment is to be made in full at the time of placing the order. Payment of accounts is to be made within 30 days after the dispatch of our invoice when the settlement terms are strictly nett. In the case of exceeding this limit or delay in payment we are suspended from all obligations or further deliveries without consideration of any other agreement. Also we reserve the right to charge interest on overdue amounts at the rate of 5% over the Base Rate from the 31st day after dispatch of our invoice.
6. Small orders up to a goods value of £50 plus VAT are delivered exclusively against payment in full at the time of placing the order.
7. Payments of all invoices should be made to our registered office: Delta Flags Limited, Squirrels Lodge, Frognall, Deeping St. James, Peterborough PE6 8RL.
8. Delivery is ex works unless otherwise agreed, i.e. via rail, mail, freight transport or companies’ own vehicle as we deem appropriate, in any case at the risk of the receiver. We reserve the rights of part delivery; if part deliveries are carried out they are seen as separate business transactions with respect to payment.
9. Given or fixed delivery dates are not obligatory, we only accept liability with the explicit acceptance of a guarantee. The stated delivery date states generally the despatch date ex works. In case of possible delays neither claims for damages nor claims for acceptance or withdrawal exist.
10. In cases of force major or other extraordinary occurrences which may complicate delivery or render it impossible we may wholly or partly withdraw from the obligation to deliver.
11. It is the customers’ responsibility to ensure that the use to which any merchandise supplied by us is put, complies with requirements of Local Planning Authorities and other departments and that in the event of there being any infringement thereof the customers’ will not be entitled to any breach of contract of sales.
12. Where flagpoles re erected in the ground or on a building the responsibility for ensuring that no services are likely to be obstructed and any damage caused thereto by our staff or sub-contractors are the responsibility of the customer. It is also the responsibility of the customer to ensure that any structure that is to bear a flagpole is of adequate strength and in good enough condition to bear the extra weight.
13. Items ordered according to regulations cannot be exchanged or returned. Stock items are excluded from this but in case of return, the incurred extra costs for dispatch and packaging as well as a handling charge of 10% of the good value are to be paid by the purchaser.
14. The buyer shall inspect the goods upon delivery. Complaints must be made within 3 days after receipt of the goods. This is also valid for faults which cannot be obviously recognised. The goods subject to complaint are to be sent free of charge. Liability for the fault is limited to repair or replacement free of charge within an appropriate period. Cancellations of the sales contract, abatement of purchase monies, withdrawal or damages are explicitly not accepted.
15. The supplied goods remain our property until they have been fully paid for and control of all payment obligations, cheques and bills of exchange are accepted with the usual reserves and are valid as initial payment. The goods must neither be pawned nor have been handed over as security. In case of reselling the goods the requested sales price to the third party is handed over to us for protection reasons.
16. Lithographs, printing plates, templates, drawings etc. remain in every case our property. These do not become the property of the orderer even if he has paid a proportional share. They are available to the orderer in case of follow-on orders for a certain period.
17. We retain copyright of our own designs and accept no responsibility for any infringement of patent or copyright or registered design of any third party incurred in carrying out the customers’ directions.
18. For printing reasons a surplus or reduced delivery of + - 10% is reserved. Deviations in the width and length are permissible with the usual tolerance of + - 10%. The same is valid for slight deviations in the display or in colour, in comparison with the customer’s specifications. Such deviations are generally there for technical reasons; therefore if these deviations occur a service according to contract has nevertheless taken place. The customer does not have the right to refuse acceptance or to insist on cost reductions.
19. All and any contracts between Delta Flags’ Client and Delta Flags are governed by English Law and any dispute or difference arising in any way out of or in connection with any such contract shall be within the exclusive jurisdiction of the English Courts.
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