Bourne International standard conditions (Sales)
1. REFERENCES TO THE SELLER
These relate to Bourne International Ltd and REFERENCES TO THE BUYER relate to the customer of Bourne International Ltd.
Prices do not include the cost of the application of an advertisement, unless this is specifically stated.
3. BLOCKS, DIES AND OTHER ORIGINATION WORK
Tools, screens and artwork are chargeable, unless otherwise agreed.
As some variation may occur during the marking process, colour will be matched as closely as possible.
Samples submitted are not returnable and will be due for payment within 30 days of invoice date.
Owing to considerable differences in weight, bulk and shape of articles, carriage will be an extra charge ex factory unless otherwise stated.
7. INDIVIDUAL DESPATCHES
Packing and documentation for individual despatch to the customers instructions will be charged extra.
8. QUOTATIONS AND CONTRACTS
(a) prices shown in Bourne International literature are for guide purposes only and VAT is chargeable, except on exports where documentary evidence is required to prove goods were despatched overseas.
(b) Offers are made and Contracts of orders accepted only upon and subject to these conditions. Unless expressly accepted in writing, any qualifications or variation thereof in the buyers order or other contractual document, and any condition therein which is inconsistent herewith shall be and be deemed to be of no effect. It is the responsibility of the buyer to read this document and to notify the seller of any changes, mistakes or omissions within 7 days of the acknowledgement date.
(c) Orders are accepted subject to the sellers right to adjust prices quoted in the event of any fiscal change in law or Government regulations prior to the date of delivery or any substantial change in the currency rate at the time of importation or delivery of goods.
(d) The right is reserved to supply up to a certain maximum over or under quantity PRINTED goods or bespoke UN-PRINTED goods and these overs will be charged at the contract rate for the actual number of goods supplied. The maximum applicable will depend upon the practise of the particular trade of goods supplied but normal tolerances are +/- 10%
If an order is cancelled by the buyer at any time after the date of acceptance by the seller, then the buyer shall reimburse the seller 25 per cent of the value of the order plus any costs and expenses incurred by the seller in connection with that order.
(a) Non-delivery of goods
Bourne International are bound by carriers terms and therefore, claims for non-delivery of all or part of the consignment must be notified in writing within 7 days of the invoice date or 48 hours after the delivery date, whichever is the soonest.
(b) Damages in transit
Claims arising from damage to the packages in transit must be notified, upon receipt, to both the carrier and the supplier, with a note to the effect being made on the carriers delivery docket. Goods and packing material are to be retained for inspection purposes.
(c) Failure of goods to comply with contract terms
On grounds of quality or on the grounds that the wrong goods have been supplied details must be notified to the seller within 7 days of receipt of goods.
While every effort will be made to deliver on time, no liability is accepted for delays occasioned by circumstances beyond the sellers control. The seller accepts no responsibility for consequential losses, however occasioned.
12. OVERSEAS ORDERS
All export orders must be accompanied by Bank transfer, Sterling Bank draft or confirmed irrevocable letter of credit before production may commence unless otherwise agreed. The buyer is to act as importer for all overseas orders, it is their responsibility to ensure any product ordered and supplied by the seller is eligible for import to the country of destination. Bourne International take no responsibility for products supplied that may be banned, exceed quotas or otherwise contradict the laws of the importing country.
13. COMPANY LOGOS
Products bearing names and trade marks in any Bourne International literature or on any samples, do not necessarily indicate or imply that Bourne International have supplied the items to the owner of the name or trade mark but are representative of the effect which has been obtained by using an advertisement.
It is the responsibility of the buyer to ensure that his requirements do not constitute an infringement of any copyright, patent rights, design, trademark or name, or other protected rights. The buyer shall save harmless and indemnify the seller from and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation to thereto.
15. PASSING OF TITLE
Until full payment has been made of all sums outstanding from the buyer to the seller (including debts arising before the date of this contract)-
(a) the property in the goods shall remain in the seller;
(b) the seller shall have legal and beneficial ownership in any new product in to which the goods are converted;
(c) the buyer shall keep and store the goods and any new product in such a manner that they may be identified as being the property of the seller.
(d) The buyer shall be at liberty to sell the goods (or any new product described in b above) in the ordinary course of business.
(e) The benefit of any contract of sale and the proceeds of any sales shall be the property of the seller and held in trust for the seller absolutely.
(f) The seller may, by written notice, terminate the buyers power of sale at any time if the buyer goes or threatens to go into receivership or liquidation
(g) At any time after the termination of power of sale, the seller may repossess the goods and the buyer hereby grants to the seller an irrevocable licence to enter upon any premises of the buyers for the purpose of so doing.
Terms are strictly nett 30 days from date of invoice. The seller will levy interest on outstanding sums at 8 per cent over the current standard bank base rate. In the event of the seller appointing a third party to collect any outstanding debt more than 30 days overdue then the costs of the collection agency will be payable by the buyer.
All orders placed with Bourne International are deemed to be subject to the standard conditions in paragraphs 1-18.
This contract shall in all respects operate and be construed as an English contract and in conformity with English law.