November 7th, 2016
Terms and Conditions of Sale of Wizard Printers and any Trading Names we may use hereinafter called The Vendor
1.1 These terms and conditions form the basis of the legal agreement (“supply agreement”) under which we, will supply to your goods and items (“goods”) which you have ordered from us and we have agreed to supply to you.
1.2 Each order will constitute a separate supply agreement between us.
1.3 A supply agreement is made only upon these terms and conditions. No additional, or alternative, terms or conditions will apply to a supply agreement unless we and you, between us, through our authorised representatives, agree otherwise in writing.
1.4 We will be entitled to cancel a supply agreement at any time if you have exceeded or will (as a result of the supply agreement in question or otherwise) exceed your authorised credit limit with us, or if any invoices rendered to you for goods previously supplied are overdue.
2. Specification of goods
2.1 All descriptions and other details provided in relation to goods are subject to confirmation by us and may be changed without notice. All sizes are approximate “to t” sizes and are given as a general guidance only. Colours, shades, materials and sizes of goods may vary to a minor extent from those illustrated.
2.2 All goods are subject to availability. We may cancel a supply agreement, or offer suitable alternative items, if the goods ordered are out of stock or no longer available.
2.3 We will rely upon your orders being correct in entering a supply agreement and reserve the right to refuse to take back goods which are ordered in error or are no longer required. Any such goods returned to us by agreement must be returned to us within twenty working days of agreement, undamaged unmarked and unused. You are to pay us a handling charge equivalent to 15% of the invoice value of the returned goods, plus VAT.
2.4 Bespoke goods are non-returnable.
2.5 All customer supplied goods are supplied at the customer's risk, the vendor shall not be responsible for errors, nor at liberty to replace defective items.
2.6 All Artwork & Design produced by us in preparation for printing remain the property of the Vendor. Cutting files made by us for the purpose of manufacturing printing and signage applications remain the property of the Vendor
3. Prices and payment
3.1 The price for the goods (“the contract price”) shall be the price or prices specified by us in any relevant quotation tender or estimate or otherwise shall be the price or prices specified in our price list current at the date of order. We reserve the right to revise our prices at any time without prior notice.
3.2 Unless we expressly state otherwise in writing, all prices are ex-works and are exclusive of carriage postage packaging insurance value added tax and any levy or other tax which may be payable in respect of the goods. The contract price will be inclusive of carriage for orders of £150 or more (not taking into account VAT) to be delivered within England Wales or Scotland (“mainland UK”). Otherwise carriage / Postage will be charged as shown at check out or as quoted plus VAT per delivery. We reserve the right to revise these charges at any time.
3.3 You are to pay the contract price plus carriage/postage in full in pounds sterling by Debit/Credit Card, Pay Pal transfer or cash
Credit Account Customers
3.4 We will be entitled to charge you interest at 3% above the base rate from time to time of LLoyds TSB Bank (or such other clearing bank as we may nominate to you in writing) on all amounts payable by you under a supply agreement which are not paid when due from the time when those amounts first became payable up until the time when they are paid in full and whether that is before or after a court judgement.
3.5 Any payments received from you for goods supplied may be appropriated by us and applied towards discharging any amounts owed to us by you in respect of any goods previously supplied where payment is overdue and if so applied will not be deemed to have been received for the goods for which those amounts were tendered.
3.6 Represented cheques will incur a £20 charge.
4. Delivery and/or collection
4.1 Delivery of the goods will be deemed to have taken place:
4.1.1 Upon you collecting them from our premises, which you must do within five working days after we notify you that the goods are ready for collection (if the goods are to be collected by you). Collection times are between 9am and 5pm on a working day (when the order has been placed at least 2 hours prior to collection)
4.1.2 Immediately upon us delivering the goods to any agreed or usual place for delivery (if we are to deliver the goods) 4.1.3 Immediately upon us posting them (if we are to deliver them by post) You must accept delivery of all goods which are in good condition and which are as ordered.
4.2.2 If we are to deliver the goods to you by post then we will post them to you by first class post.
4.3 Unless we agree otherwise in writing, all delivery dates are estimated dates which we will use reasonable endeavours to achieve. We may deliver the goods to you in advance of any agreed or estimated delivery dates if we give you reasonable prior notice of early delivery.
4.4 If you fail to take delivery of the goods or to give us sufficient instructions to enable us to deliver them, then we may:
4.4.1 store the goods at your risk until actual delivery and charge you for the additional costs which we may incur as a result of your failure or
4.4.2 invoice you for the goods and upon not less than three working days notice to that effect sell the goods at the best price reasonably obtainable. If we do that then you are to pay us the amount of the invoice and the reasonable costs of storage and sale minus the proceeds of sale (which we may use towards settlement of the invoice) or
4.4.3 cancel the relevant supply agreement
4.5 If we deliver the wrong, or damaged, goods to you then you are to notify us within forty eight hours of delivery giving us full details of the damaged or incorrect goods. We will accept returns of such damaged or incorrect goods notified to us in writing within the relevant time period and will give you the option of a refund or replacement goods. Refunds or replacements claimed outside of the relevant time period will be at our discretion. We will either collect the damaged or incorrect goods from your premises or that of a third party or issue a postage paid returns pack as we deem most relevant and issue any relevant refund on receipt of the returned goods.
In the event of faulty printing or embroidery of decorated goods we will issue a postage paid returns pack for Inspection of goods and issue a refund if fault is within decoration application process
4.6 You are to notify us in writing of non delivery of part of a consignment within five working days of the delivery of the remainder of that consignment and of non delivery of the whole of a consignment within five working days of the date upon which delivery was scheduled to
take place. If you notify us of non delivery within the stated time limits then we will give you the option of a credit or a further delivery of the missing goods. If you do not notify us within the stated time limits, then we shall not be liable to you for non delivery.
4.7 Wizard Printers will not accept returned garments that have been processed or decorated incorrectly due to customer error or incorrect instructions.,
5. Risk property and insurance
5.1 All risk in the goods (including their loss or destruction) will pass to you:
5.1.1 Immediately upon the date when delivery takes place (or would have taken place but for your act or default) 5.1.2 Immediately upon the goods leaving our premises (if we are to deliver them to a third party at your request) 5.1.3 Immediately upon the goods having been posted (if we are to deliver the goods by post)
5.2 The property in and title to the goods will not pass to you until we have received payment in full of all amounts due to us in respect of the goods and of all amounts due in respect of other goods previously delivered and invoiced to you
6. Warranties and Conditions
6.1 We undertake that the goods will, in all material respects, comply with any general description which we may have submitted to you, will be of satisfactory quality and reasonably fit for the purpose for which they were manufactured subject to normal usage. Unless specifically stated otherwise, all garments are for leisure, and not sports, use
7. Exclusion / limitation of our liability to you
7.1 With the exception of death or personal injury caused by our negligence (for which there will be no limitation) our liability to you is limited to the invoice value (not including VAT) of the goods which fail to comply with the express undertaking given in condition 6 above. You agree that, in return for the undertakings given in condition 6 all warranties representations guarantee conditions and other terms which would be implied into a supply agreement by law are excluded.
7.2 We will not be deemed to be in breach of this supply agreement if we are unable to comply with our contractual obligations because of any event or circumstance which is in any way wholly or primarily beyond our control or not due to our act or default and in any such event or circumstance we will be entitled to extend the time for complying with our obligations under a supply agreement by a reasonable time and (if we are still not able to comply with our obligations after such reasonable extension) either of us may thereafter terminate the supply agreement in question by written notice to the other
7.3 We will not be liable to you for loss of profits or of a market or for any type of special indirect or consequential loss
8. Return of Goods
8.1 Subject to the Buyer having a right to return the Goods pursuant to these terms, all sales are final. However Wizard Printers does, subject to the terms of this clause, recognise that there may be occasions when it is appropriate to accept returns from the Buyer and Wizard Printers may, on a case by case basis, consider doing so (but shall not be under any obligation to do so). For the purposes of this clause, any Goods which the Buyer wants to return shall be referred to as “Returned Goods”.
8.2 Wizard Printers will, in any circumstances, only accept returns if the following conditions are met:
(a) The Buyer shall provide a proper invoice and Dispatch note number in respect of the Returned Goods;
(b) Wizard Printers must have issued a valid returns authorisation note in respect of the Returned Goods;
(c) By way of a restocking charge, the Buyer shall pay to Wizard Printers a sum equivalent to either £10 (or equivalent in Euros if applicable) or 20% of the price of the Returned Goods (at Wizard Printers discretion);
(d) The Returned Goods must not have been worn (including tried on) and must be returned in their original unopened packaging;
(e) The Returned Goods must be returned with all original documentation that was supplied with the Goods;
(f) Wizard Printers retain the right to refuse Returned Goods should Wizard Printers deem them to be unsuitable for resale;
(g) The Buyer will either:
(i) pay for and arrange the return of the Returned Goods; or
(ii) if Wizard Printers agrees to recover the Returned Goods pay to Wizard Printers a charge of £15/€18 per box of Returned Goods. In the event that Wizard Printers carrier attends to collect the Returned Goods and that collection is not possible owing to a default of the Buyer, a charge of £15/€18 will be payable by the Buyer to Wizard Printers.
8.3 The following Goods will not be eligible to be returned pursuant to this clause:(a) Any products from the Result Air Down range;
(c) Consumables (as defined from time to time by Wizard Printers);
(d) Any Goods which Wizard Printers does not carry as core stock (as defined by Wizard Printers from time to time);
(e) Any Goods which have been ordered as bespoke Goods by the Buyer (for example, embroidered and/or personalised Goods);
(g) Any Goods which have been in the possession of the Buyer for more than 28 days after delivery;
(h) Special discounted deal products;
(i) discontinued lines;
(j) seasonal products;
(k) Any Goods which have, as their function, the protection of health and safety and/or the hygiene of the wearer. By way of (non-exhaustive) examples, high visibility garments, earplugs, face masks and goggles.
8.4 If Goods despatched by Wizard Printers are returned because the address (or other matter in relation to the Goods) given by the Buyer was incorrect, then in addition to any restocking charge that may apply, the Buyer shall pay to Wizard Printers a fee of £10.00 (or Euro equivalent)
9. Intellectual property rights
9. All copyrights trademarks patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or incorporated in, any written or printed material or any brochure which we may produce either our property or that of third parties and is not to be reproduced used or exploited in any manner whatsoever. You will indemnify us from and against all costs claims and liabilities which we may suffer incur as a result of you using reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor
10. General matters
10.1 A supply agreement shall be governed by the Laws of England and shall be subject to the exclusive jurisdiction of English Courts of Law
10.2 A working day is any day from Monday to Friday except for Good Friday Easter Monday Christmas Day and any statutory bank or public holiday.
10.3 We both agree that these terms and conditions strike a reasonable balance between our respective interests. If any of these terms and conditions shall be invalid or unenforceable for any reason, then that shall not affect the validity of the remainder of these terms and conditions which will remain in full force and effect but as if any such invalid or unenforceable term or condition had never formed part of it. Wizard Printers shall grant the facility of a credit account on receiving two satisfactory trade references and a bank reference. We will also consider, where appropriate, occasionally searching your record at credit reference agencies.