DAME FLOGAN BUSINESS DEVELOPMENTS LTD. T/A IMPRINT
CONDITIONS OF TRADING
All quotations and contracts as between Dame Flogan Business Developments Ltd. T/A Imprint (hereinafter called the Company) and its customers shall be subject to these Conditions of Trading to the exclusion of any conditions of trading which a customer may purport to impose. They shall be valid and binding only if made in writing and shall be conclusively presumed to be made between principals.
Prices are based on costs ruling at the date of first quotation. If between such date and the date of supply there is any variation in the total cost of materials, labour, overhead expenses, transport or any other costs connected with the manufacture or delivery of the goods the Company shall be entitled to vary the price in proportion to the amount of such variation.
Orders may not be cancelled in whole or in part without the Company's consent.
Order completion dates quoted by the company are given in good faith but the Company shall not be liable for failure to complete on the specified date or dates. If the contract calls for work to be carried out in instalments each instalment shall be deemed to constitute a separate contract. Any defect in any instalment or failure to complete any instalment shall not give the Customer the right to cancel future instalments
Deliveries may be totally or partially suspended by the Company during any period in which it may be prevented or hindered from manufacturing, supplying or delivering by the normal route or means of delivery, the goods covered by the contract through any circumstances outside the control of the Company, including the breakdown of plant, shortage of raw materials and shortage of labour. The Company shall not be under any liability to the Customer through any failure to deliver or complete in such circumstances without prejudice to the generality of the foregoing.
The Customer shall indemnify the Company against any costs, claims or expenses arising out of any action for infringement or alleged infringement of any patent, trade mark, registered design, copyright or any other claim resulting from compliance with the Customer's instructions express or implied.
The risk in the goods shall pass to the Customer at the point of delivery named on the contract and the Company shall have no responsibility in respect of the safety of the goods thereafter. Accordingly, the Customer should insure the goods against such risks as the Customer deems appropriate.
Notwithstanding delivery, property and ownership in the goods shall remain in the Company until the Customer has paid for the goods in full and the following provisions shall accordingly apply:
(a) Payments shall be applied to the Customer invoices in the order in which they are issued and to goods in the order in which they are listed on invoices provided that when goods are delivered to the Customer and the Customer pays only for a part thereof then any of those goods which are stored by the Customer shall (so far as applicable) represent the unpaid goods.
(b) The Customer shall store the Company's goods separately from all other goods and shall clearly mark them as remaining the property of the Company
(c) The Customer shall not:
(i) Pledge the goods or their documents of title or allow any lien to arise on the goods.
(ii) Deal with or dispose of the goods or their documents of title other than by a sale to an independent purchaser buying for the full value in the ordinary course of the Customer's business.
(iii) Hold itself out as the Company's agent in respect of the goods.
(d) If the Customer shall subsequently dispose of the goods it shall hold the proceeds on trust for the Company.
(e) If the Customer defaults in the punctual payment of any sum owing to the Company then the Company shall be entitled to immediate return of all goods sold to the Customer or their documents of title in which the property has not passed to the Customer and the Customer hereby authorizes the Company to recover the goods or documents and to enter any premises of the customer for that purpose. Demand for or recovery of the goods or documents by the Company shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the goods or the Company's right or sue for the whole of the price.
Time of payment shall be of the essence of the contract. Unless otherwise agreed in writing, all prices are strictly net cash and all accounts are payable not later than 28 days after the date of invoice. Please Note there is a 2% charge for all credit card payments. Accounts not paid by the due date shall be liable to bear interest from the expiration of such date at 1.50% per annum above the Bank of England minimum lending but not less than 5.00% per annum. Payment of accrual of interest shall neither prejudice proceedings for recovery of any account due nor prejudice any other right the Company may have.
No deductions from its account will be allowed by the Company unless it has agreed to them in writing.
The Customer must advise the carrier and the Company in writing (otherwise than by a qualified signature on the Carrier's delivery note) within the following time limits:
(a) Partial loss or damage of any separate part of a consignment - within three days of the delivery of the consignment or part of the consignment.
(b) Non-delivery of whole or part of a consignment - within fifteen days of despatch.
All claims against the Company arising out of transactions governed by these Conditions shall be made within three months from the date of invoice. The Company shall not be liable for any defect of any kind of which it has not been notified in writing by such date. The Company shall not be bound in any way by any settlement between the Customer and his customer, or by any survey or award as between them, unless the Company has agreed or been party thereto. In no other case shall a claim be entertained unless the Company has been given an opportunity of examining the goods, carrying out suitable rectification work, and unless, before the goods were disposed of, an understanding in regard thereto had been reached and confirmed in writing.
The Company shall not be liable for any loss or damage in respect of the goods howsoever arising unless such loss or damage is due to the wilful neglect or default of the Company.
The goods delivered hereunder are not delivered subject to any term or condition in respect of their merchantable quality or fitness for purpose or otherwise and any such terms or conditions which may be implied by statute or otherwise are hereby specifically excluded.
The foregoing Conditions of Trading shall in all respects be construed in conformity with English Law and unless otherwise arranged be subject to the jurisdiction of the English Courts.
Orders are made to your specification and/or personalised by you, consequently you may not cancel the order once you have placed it and no refunds can be offered. In the unlikely event that an item doesn’t meet our published specification, a refund may only be given at the sole discretion of the company.
Company Registration Details
Registration Name - Dame Flogan Business Developments T/A Imprint - Print, Design and Signs
Place of Registration - Registered in England and Wales
Registered Office - Tudor House, 308 Chesterfield Road North, Mansfield, Notts, NG19 7QU
Registration No. - 1615452
Contact Telephone - 01623 238615
Contact Email - email@example.com