Terms and Conditions
- 1) Goods means the articles or things described in the contract between Pinksheep Marketing Ltd and the purchaser.
- 2) These conditions shall be deemed to be incorporated in all contracts of Pinksheep Marketing Ltd to sell goods and in the case of any inconsistency with any order or form of contract sent by the purchaser to Pinksheep Marketing Ltd whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of Pinksheep Marketing Ltd.
- 3) Notwithstanding that Pinksheep Marketing Ltd may have given a detailed quotation no order shall be binding on Pinksheep Marketing Ltd unless and until it has been accepted in writing by Pinksheep Marketing Ltd.
- 4) Any times or dates given for completion or delivery of goods shall be binding on Pinksheep Marketing Ltd, insofar as Pinksheep Marketing Ltd undertake to carry out additional work for the purchaser to the value of the print element of any goods not supplied on time. Such liability shall not extend to delays beyond the control of Pinksheep Marketing Ltd including, without prejudice to the generality of the foregoing defects in files or omissions of information delays in approval of proofs and non-performance of carriers.
- 5) By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
a) All goods shall be paid for at the time of order.
b) No goods shall be dispatched or collection allowed until paid for in full.
c) All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
- 6) Any shortcomings or defects in goods supplied must be notified to Pinksheep Marketing Ltd within 3 days of delivery. Such goods must be returned to Pinksheep Marketing Ltd for inspection.
a) Nothing herein shall impose any liability upon Pinksheep Marketing Ltd in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods.
b) Nothing herein shall have the effect of excluding or restricting the liability of Pinksheep Marketing Ltd: i.) For death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or; ii.) Under sections 12,13,14 and 15 of the Sale of Goods Act 1979 to a purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977).
- 7) Pinksheep Marketing Ltd shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
- 8) The liability of Pinksheep Marketing Ltd to the purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.
- 9) If the purchaser shall be in breach of any of their obligations under the contract Pinksheep Marketing Ltd may (without prejudice to Pinksheep Marketing Ltd’s rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.
- 10) No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Pinksheep Marketing Ltd shall be construed to enlarge, vary or override in any way these conditions.
- 11) Any concessions made or latitude allowed by Pinksheep Marketing Ltd to the purchaser shall not affect the strict rights of Pinksheep Marketing Ltd under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.
Upon sight of artwork and at its sole discretion Pinksheep Marketing Ltd reserve the right to decline to print any item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full.
- 12) The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the purchaser and Pinksheep Marketing Ltd agree to submit to nonexclusive jurisdiction of the English courts.