terms and conditions
1. All orders acknowledged by Promotions Reliability Limited (hereinafter referred to as the Company) shall be on the terms and conditions as stated herein and unless otherwise agreed in writing by the company these conditions shall prevail over any terms and conditions stipulated incorporated to in any negotiations whether written or oral.
2. The time quoted for delivery of good shall not be of the essence of the contract and the Company shall not be liable for any loss injury or damage or expenses consequent upon delay in delivery of goods. Should the Company be delayed in or prevented from making delivery of the goods due to wars, strikes, lock outs, fire, floods, explosions and labour disturbances, trade disputes or shortages of materials or due to any other cause whatsoever beyond the control of the Company, the Company shall be at liberty to cancel or suspend the order without incurring any liability to any loss or damage arising there from. The Company shall not be liable for any damage discrepancy or shortage of goods unless the purchaser notified both the Company and the carrier within 72 hours of the time of delivery of the goods. In the event of total failure of the goods to reach their destination the Company shall not be liable unless the Purchaser notifies the Company within 14 days after the date of invoice.
3. If the contract provides for the delivery of the goods by instalments or in the event that the Purchaser shall subsequently supply and the Company shall agree a schedule of delivery then in each such case each instalment shall be deemed to be the subject of a separate contract and non delivery or delay in delivery of any instalment shall not effect the balance of the contract nor entitle the Purchaser to cancel the same.
4. The Company’s liability for defective goods shall be limited to replacing without charge to the Purchaser such goods or such part or parts thereof as in the opinion of the Company may be necessary provided that the Purchaser has within 30 days from the date of dispatch:-
(i) Given written notice to the Company of any alleged defect in the goods supplied by the Company.
(ii) Has returned the goods in question, carriage paid to the Company’s place of business.
(iii) The Company is satisfied upon examination of the goods that they are defective.
The Customer shall not rely upon any representation as to the quality of the goods or as to their fitness for any particular purpose unless the same shall have been made by the Company in writing.
Save as aforesaid.
(i) The Purchaser shall not rely on any representation whatsoever made in relation to the goods or their fitness for any particular purpose.
(ii) No condition or Warranty whatsoever of any kind has been or is given or made by or o behalf of the Company in relation to the quality of the goods or their fitness for a particular purpose.
(iii) All conditions and warranties and all liability for any representations whatsoever on the part of the Company and all rights of rescission on the part of the Purchaser for any misrepresentations whatsoever, whether Statutory or otherwise whether express or implied, whether collateral or anticedent thereto or otherwise and whether in relation to the fitness of the goods for any particular purpose or the description, state, quality, or condition or the goods on delivery or at any other time are hereby expressly excluded and extinguished and:
The Company shall be under no liability for any loss or damage whatsoever whether direct or consequential (included such as arise from delay in delivery) in respect of or arising directly or indirectly from or in connection with the goods.
5. Where any trade description or other indication or representation is applied to any goods at the purchasers request the Purchaser warrants that the same will be true and accurate in all respects and that the supply or offer of supply of any such goods by any person will not give rise to an offence by the Company under the Trade Descriptions Act 1968. The Purchaser shall keep the Company fully indemnified against any breach of the foregoing warranty.
6. The terms for payment are:-
(i) Unless otherwise agreed in writing the price of the goods shall be the Company’s price ruling of the date of dispatch.
(ii) The Purchaser shall pay sums due to the Company within 30 days following the date on which the goods were delivered.
(iii) In the event of the purchaser failing to pay the full amount due within the time allowed for payment as above mentioned the Company shall be entitled at any time to withhold delivery of any other goods to be delivered under the same of any other contract order or agreement between it and the purchaser and the Company reserved the right upon giving notice to the purchaser failing to pay the full amount due within the time allowed for payment as above interest will accrue on the sum outstanding at 2% per month or part of a month payable on demand.
7. The Ownership of any goods to be delivered by the Company will only be transferred to the purchaser when all outstanding amounts due to the Company from the purchaser under this contract have been paid. Until the date of such payment the Purchaser agrees to store the said goods in such a way as to show they are clearly the property of the Company until the date of such payment the Purchaser is authorised to sell the said goods on the Company’s behalf and for the Company’s account. The Purchaser shall remain accountable to the Company for the goods or for their proceeds of sale until such payment. In the event of any Purchaser Company being wound up or having a receiver appointed, the Purchaser Company will immediately notify the Company of any such winding up proceedings or receiver appointed and return all goods belonging to the Company in their possession.
8. Design – If PRL (the company) are commissioned for any design projects then said design and all copyrights shall remain the property of PRL (the company) unless otherwise agreed prior to design in writing.
9. Except with the Company’s written agreement no goods manufactured to a Purchaser’s order may be cancelled without payment by the Purchaser of the agreed purchase price. If work on the order is suspended because of the Purchaser’s instructions or lack of instructions the Company reserves the right to treat such circumstances as a cancellation by the Purchaser.
10. The Purchaser shall indemnify the company against all damages penalties, costs and expenses to which the Company becomes liable through any work requiring to be done in accordance with Purchaser’s specification which may involve an infringement or a registered patent or design.
11. The following rates are those charged to clients where they request work to be undertaken without quotation. They are fixed but are subject to change annually at the discretion of the company.
Consultancy: £125 per Hour
Account Handler: £80 per Hour
Senior Designer: £80 per Hour
Designer: £70 per Hour
Development Director: £80 per Hour
PHP Programmer: £65 per Hour
Copywriting: £70 per Hour
Administrator: £40 per Hour
Training: £75 per Hour