Firebird Promotions Terms and Conditions

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Phone: 01626 833 250
Email: mail@firebirdpromotions.co.uk


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Terms and Conditions

Terms & Conditions

These conditions shall be incorporated in and form part of every contract for the sales by Firebird Promotions hereinafter called the "Seller") of any services, materials, machines, or other goods and systems (hereinafter called the "Goods" which shall be the subject of the contract between the Seller and the persons, company or other organisation (hereinafter called the "Buyer") purchasing the Goods. These conditions will also be incorporated and form part of every contract for purchasing by Firebird Promotions and its suppliers (hereinafter call the "Supplier")

Purchasing. Any purchase order constitutes an offer by the Seller to purchase goods and/or services, in all such cases subject to these terms and conditions to the exclusion of any other terms and conditions mentioned on any documentation provided by the Supplier. No variation to a purchase order raised by the Seller will be binding unless agreed in writing by the Seller. Time will always be deemed to be of the essence of any purchase order raised by the Seller. The Supplier will notify the Seller immediately if it cannot supply the goods and services as specified in a purchase order. The Supplier will always provide a proof before proceeding to production. If a proof is not supplied to the Seller then this will constitute a fundamental breach of contract and production will be undertaken entirely at the Suppliers own risk. Goods will be shipped at the Suppliers own risk.

Delivery will only be deemed to have taken place when all Goods described on the Sellers purchase order have been delivered. If the Supplier fails to meet specified delivery dates then this will constitute a fundamental breach of contract. If a fundamental breach of contract has occurred the Seller has the right to cancel any and all purchase orders placed on the Supplier without further notice and all monies already paid to the Supplier by the Seller must be returned to the Seller immediately and the Seller will not be liable for any further costs whatsoever. The supplier warrants to the Seller that the Goods are as specified on the purchase order, are of suitable quality, are suitable for use, are free from all defects. Also that the Goods comply with all relevant statutory requirements and regulations. The supplier will indemnify the Seller in full against all liability, loss, damages (whether loss of profit or otherwise), costs, expenses or other claims as a result of breach of any warranty given by the Supplier, breach of any of these terms and conditions. The price for the Goods invoiced by the Supplier will be no higher than those specified on the purchase order. Title to the Goods will pass to the Seller on delivery. The Seller may inspect the Goods and reject any or all of them if they (or the service provided in supplying them) fail to meet these terms and conditions.

Prices. The Seller may at any time before delivery increase the price of the Goods by notice to the Buyer. On all orders, irrespective of value, delivery will be on an ex-works basis and the Buyer will be responsible for all the insurance and forwarding and carriage costs payable in accordance with the clause of these conditions, unless other agreement is made and accepted in writing prior to delivery.

Payments. Unless otherwise agreed in writing prior to delivery, payment for the Goods shall be made at time of order. If an account has been agreed, then payment shall be no later than THIRTY days from the invoice date. Notwithstanding the above the Seller may at any time require the Buyer to make payment in advance of delivery or to advance adequate security for the payment of all amounts due or to become due under the contract. Seller reserves the right to suspend activity on any work being undertaken for you while any due payment has not been received. Seller reserves the right to charge interest calculated daily at the prevailing Bank of England rate on overdue accounts.

Artwork: The Seller is authorised by the Buyer to obtain such artwork origination and alterations together with proofs films and printing plates and subsequent replacements for them and any licence fees in respect of any trademark or logo to be printed on the Goods as are necessary to comply with any specification for the Goods required by the Buyer. The Buyer shall pay all and any charges incurred by the Seller in respect thereof in addition to the price of the Goods and payment shall be due on the date for payment of the price. Property in the materials obtained by the Seller shall pass to the Buyer on payment of the price for the Goods and the materials.

Processes: If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification.

Delivery/Despatch. All delivery dates are estimates only. The Seller shall not be liable for failure to deliver by such dates or for any damage or loss arising directly or indirectly out of delay in delivery, nor shall the Buyer be entitled to refuse to accept the Goods because of late delivery.

Shortages/Damages Lost in Transit. The Buyer shall inspect the Goods immediately upon delivery and shall within 3 days of such delivery (time being of the essence) give notice in writing to the Seller of any matter or thing by reason whereof it alleges that the Goods are not in accordance with the contract. Goods represented by the Buyer to be defective or not conforming to the contract shall, if authorised by the Seller, be returned and in the Seller`s absolute discretion shall either be replaced or be credited.

Warranty and Limitation of Liability. The Seller warrants that the Goods are of merchantable quality and unless otherwise agreed are produced at the tolerance specified in the Seller`s official literature in respect thereof.

Cancellation of Orders. Subject as herein provided, orders for Goods may not be cancelled or suspended without the Sellers written consent. Any cancellation or suspension of an order is acceptable only on the express condition that the Seller shall be indemnified against any loss incurred wholly or in part by the cancellation or suspension.

Indemnity. The Buyer shall indemnify the Seller in respect of all damage or injury occurring to any person, firm, company or property and against all actions, suits, claims and demands, charges or expenses in connection therewith for which the Seller may become liable in respect of the Goods sold under the contract in the event that the damage or injury shall have been occasioned otherwise than by the neglect of the Seller.

Under the Contract the Seller shall retain possession of the Goods or any of them until payment has been received from the buyer in full.

Buyer undertakes to indemnify Seller against any claims arising from the use or exploitation of our work for Buyer, however caused.

Intellectual Property. All Intellectual property, patent, and other rights to work undertaken for Buyer remains with seller during the work and will be transferred to Buyer only when the complete program of work is accepted and full payment received and only for those applications relating to Buyers normal commercial activities or those identified to Seller at the time of contract. Seller accepts no liability for infringements of any patents, copyrights, registered trade makers or designs incurred by use of any information supplied by Seller.

Patents and Trade Marks. No representation, warranty or indemnity is given by the Seller that the Goods do not infringe any letters, patent, trade marks, registered designs, copyright or other industrial rights and in this respect the Buyer shall accept such title to the Goods as the Seller has.

Data Protection. The Seller operates under the Data Protection Act. Data provided the Buyer will be held in multiple file formats by the Seller and will be processed within the Sellers company for normal business purposes. Data may be passed to third parties for normal business purposes. Data will not be sold by the Seller to any third party.

Packaging of Free Issued Materials. For packaging of Goods produced by other manufacturers liability can only be accepted for defects directly attributable to the packaging operations. The technical composition and quality of the contents is beyond the control of the Seller and any defects in such areas must be pursued with the original manufacturer of the product. No liability will be accepted by the Seller for any such defects of whatever nature.

General

If any of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remainder shall not be affected.

Arbitration and Proper Law. The construction, validity and performance of this contract shall be governed by the Laws of England. Any disputes arising out of the contract shall be referred to arbitration in England in accordance with the provision of the Arbitration Act 1975 or any statutory modifications thereof for the time being in force.





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Contact Us

Address:
Unit 3A
The Old Paint Factory
Pottery Road
Bovey Tracey
Devon
TQ13 9DS

Tel: 01626 833 250
Fax: 01626 832 988