Terms & Conditions
Terms and Conditions
1.1 ‘The Supplier’ means INKINKINK
1.2 ‘The Purchaser’ means any person or legal entity which places an order with the Supplier for Goods or services offered by the Supplier.
1.3 The ‘Goods’ and ‘Services’ include all or part of the goods that the Supplier offers for sale or all or part of the services that the Supplier offers to perform.
2.1 Unless otherwise stated by the Supplier, all prices for Goods and Services stated by the Supplier shall be exclusive of VAT, carriage, packaging and handling charges or other charges which may be relevant.
2.2 The Supplier reserves the right to alter any of its prices without notice and the relevant list price shall apply at the date of placing the order by the Purchaser.
2.3 The Supplier reserves the right to offer certain Goods at special offer prices for a certain time period only. The Goods being offered at a special offer price can only be purchased at that price during the special offer period only and not thereafter.
3. Payment and Default by Purchaser
3.1 Unless otherwise agreed by the Supplier, payment in full shall be due before dispatch of Goods or provision of Services.
3.2 In the event that the Purchaser fails to make payment by the due date or otherwise commits a breach of these conditions, the Supplier may in its absolute discretion and without prejudice to any other rights which it may have:
3.2.1 suspend all further deliveries or supplies to the Purchaser under the contract in question or under any other contract(s) and/or terminate any such contract(s) without liability upon its part;
3.2.2 require payment in advance for any future deliveries;
3.2.3 (in case of non-payment on or before the due date) charge interest on the amount due on a day basis at an annual rate of 8% above the Bank of England’s Base Rate for the time being prevailing from the time when payment for the Goods or Services becomes due until the date of actual payment whether before or after judgment. Reference rate are set on December 31st and June 30th and are applicable for 6 months.
3.2.4 For invoices issued after 7 August 2002, and in accordance with the Late Payments of Commercial Debts Regulations 2002, the Supplier may at its discretion charge collection costs. For debts less than £999.99, up to £40 may be claimed. For debts less then £10,000, £70 may be claimed, and for debts of more than £10,000, up to £100 may be claimed.
3.3 the Supplier shall also have all the rights referred to in paragraph 3.2 hereof (without prejudice to any other rights which it may have) in the event that any distress on execution shall be levied upon any goods of the Purchaser or if the Purchaser offers to make any arrangements with its creditors or commits an act of bankruptcy or if a petition in bankruptcy be presented against the Purchaser or if any resolution or petition to wind up the Purchaser (other than the amalgamation or reconstruction without insolvency) shall be presented or passed or if a received or a manager shall be appointed over the whole or any part of the Purchaser’s business.
4. Delivery and Supply
4.1 Delivery will be made by the Supplier ex its works in the United Kingdom and can if requested by the Purchaser instruct its couriers to deliver the Goods to a destination specified by the Purchaser for a fee, unless the Purchaser qualifies for free delivery.
4.2 Delivery times for Goods specified by the Supplier are intended as estimates only and shall not be treated as being of the essence of the contract or binding the on Supplier. The Supplier shall not be liable to the Purchaser for any loss or damage, whether direct or indirect, occasioned by its failure to deliver the Goods or supply the Services by the date or within the time stated and delay shall not be a ground for the Purchaser to reject the Goods or Services.
4.3 The right to deliver part of the Goods or Services when they become available is reserved by the Supplier.
4.4 In the case of an alleged shortage in or damage to the Goods the Purchaser agrees to notify the Supplier in writing immediately.
4.5 The Purchaser is responsible for checking the number of boxes delivered by the Supplier’s courier prior to signing for them and in case there is a shortage of boxes the Purchaser shall obtain the courier’s confirmation in writing. The Supplier will not accept liability in case the Purchaser signed for Goods upon receipt and later discovers that there is a shortage in the number of boxes.
4.6 The Supplier’s responsibility for Goods lost or damaged in transit will be limited to replacing or repairing the Goods at its discretion.
5.1 The provisions of this clause shall apply until the later of such time as the price of the Goods have been paid in full or payment has been made of all other sums owing to the Supplier at the date of this contract on any other account whatsoever.
5.2 The property in the Goods shall remain in the Supplier and the Purchaser shall hold the Goods as bailee of the Supplier.
5.3 The Purchaser shall store the Goods in such a manner that they can be identified as the property of the Supplier and hall ensure that the Goods are not incorporated or mixed in or used as part of other goods.
5.4 Subject to sub-clause 4.6 below, the Purchaser shall be at liberty to sell or use the Goods in the ordinary course of its business.
5.5 The Purchaser shall account to the Supplier for the proceeds of any sale of the Goods, whether sold in their own or in conjunction of other goods and until such account is made the Purchaser will hold the proceeds of sale upon trust for the supplier.
5.6 the Supplier may by written notice terminate the power of sale given to the Purchaser by sub-clause 4.4 above at any time and the said power of sale shall terminate automatically if the Purchaser goes into receivership or liquidation or (if applicable) bankruptcy.
5.7 At any time after termination as provided in sub-clause 4.6 above the Supplier may repossess the Goods and the Purchaser hereby grants to the Supplier an irrevocable license to enter upon the premises of the Purchaser for the purpose of doing so.
5.8 Each of the foregoing sub-clauses shall so far as the contract permits be read and construed independently of the other sub-clauses so that if one or more of them shall be held to be invalid this shall not affect the validity of the remaining sub-clauses.
6. Exclusion of Liability
6.1 The supplier shall not be liable for any loss or damage to the Goods of the following nature:
6.1.1 Economic loss which shall include loss of profits, business revenue, goodwill or anticipated saving;
6.1.2 Any claim made against the Purchaser by any third party;
6.2 Subject to the limitations contained in sub-clause 4.1 the Supplier hereby warrants in accordance with the terms of this sub-clause that the Goods have been manufactured with suitable materials, with competent workmanship and that they are fit for the purpose for which they were made provided that:
6.2.1 in the event the Purchaser considers it has a claim under the warranty it shall be the Purchaser’s responsibility to return the Goods to the Supplier’s premises. The Supplier may in its absolute discretion repair or replace the Goods as it sees fit and this shall be the full extent of any liability of the Supplier under this warranty.
6.2.2 In the event that the defect in the goods is a result of failure or defects in a component part supplied then the Supplier’s liability will be limited to the extent of the manufacturer’s guarantee or warranty.
6.2.3 The Purchaser shall notify the Supplier immediately any defect or failure it suspected. If the Purchaser fails to do so, or it is later shown that the Goods were not installed in accordance with clause 9 or if the Purchaser itself attempts to rectify the fault, then in those circumstances the Supplier’s warranty will become null and void and of no effect.
6.2.4 Save to the extent mentioned herein, the Supplier shall be under no liability whatsoever for any defect in failure in, or unsuitability for any purpose of the Goods or any part thereof whether the same be due to the act or omission, negligence or default of the Supplier or its servants or agents, and all conditions, warranties and other terms whether express or implied statutory or otherwise, inconsistent with the provisions of this condition are hereby expressly excluded provided that nothing herein contained shall be construed as excluding or restricting the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier.
6.3 Where the Purchaser deals as a consumer within the meaning of that expression as defined in Section 12 of the Unfair Contract Terms Act 1977 none of the statutory rights of the Purchaser are excluded by these terms and conditions and the statutory rights of the Purchaser in the case of a consumer shall remain in full force and effect and are in no way affected by any of the provisions of these terms and conditions.
6.4 Each of the foregoing sub-clauses shall so far as the context permits, be read and construed independently of the other sub-clauses so that if one of them shall be held to be invalid this shall not affect the validity of the remaining sub-clauses.
7. General Lien
7.1 The Supplier shall have a general lien over all goods of the Purchaser in its possession for all monies due to the Supplier or liabilities incurred by the Supplier upon whatever account and shall also be entitled to apply any monies of the Purchaser held by it under one contract to the discharge of monies due to it under any other contract. The Supplier shall be entitled to charge rent and other expenses incurred during all periods during which a lien on Goods is being asserted. Further, if the Supplier exercises its right of lien over any Goods then if monies due are not paid within three months after it has first retained such Goods the Supplier shall have power, without giving notice, to sell the whole or part of such Goods to cover the monies due and expenses of sale.
8. Catalogues, Advertisement, Drawings, Samples etc.
8.1 Whilst the Supplier believes that all specifications, illustrations, drawings, catalogues, advertisements and performance data are as accurate as reasonably possible, they do not constitute a description of the Goods and shall not be taken as representations made by the Supplier and are not warranted to be accurate.
8.2 The copyright in all matters referred to in paragraph 6.1 above shall at all times
remain vested in the Supplier and the Purchaser shall not reproduce or use all or any of them without the vendor’s prior written consent.
8.3 Any samples seen by the Purchaser is simply an indication of what attributes the bulk should have and no warranty or representation is given or may be implied that the bulk will be identical to the sample in any attribute.
9. Alterations and Modifications
9.1 The Supplier may carry out from time to time and without notice to the purchaser alterations or improvements in construction or design, specification, materials or manner of manufacture of the Goods.
9.2 The Supplier reserves the right to change packaging of unbranded products without prior notice.
10. Defacing of the Goods
10.1 The Purchaser shall not deface, tamper with or remove all or part of any trade mark, logo or insignia which may be embossed upon or affixed to the Goods, nor affix any other trade mark, logo or insignia thereon without the prior consent of the Supplier and shall not otherwise deface and or interfere with, alter or modify any of the Goods.
11. Instructions for use and installation
11.1 The Purchaser will comply with such instructions for use and installation in respect of the Goods supplied by the Supplier as may be issued by the Supplier from time to time.
12. Force Majeure
12.1 Without prejudice to the generality of any of the foregoing conditions the Supplier shall not be liable for any loss or damage caused b the non-performance or delay in the performance in any of its obligations hereunder if the same is occasioned by any cause whatsoever which is beyond the Supplier’s control, including but not limited to acts of God, war, civil disturbance, requisitioning, import or export regulations, strike, lock-out or trade dispute, difficulties in obtaining materials, breakdown of machinery, fire or accident. Should any such event occur, the Supplier may cancel or suspend this contract without incurring any liability for any loss or damage thereby occasioned.
Any notice required to be served pursuant to these terms and conditions shall be served as follows:
13.1 notices to the Supplier: to its premises at INKINKINK 45 Amanwy, Llanelli, SA14 9AH, United Kingdom.
13.2 notices to the Purchaser: to such address as the Purchaser may notify to the Supplier or, in default of notification, to the address to which the Goods are or were to be delivered, or if the Purchaser is a company at the Supplier’s option to the Purchaser’s registered office.
14. Governing Law
This contract is governed by the laws of the United Kingdom.