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Promo Catering - TERMS AND CONDITIONS OF SALE

In these General Conditions Promo Catering Limited is referred to as “the Company” the person to whom the Company is selling is referred to as “the Buyer” and the goods materials equipment or services (as applicable) being sold by the Company to the buyer is referred to as “the product”.

‘We or us’ means Promo Catering Limited a company registered in England with the registration number 0136670 whose registered office is at Unit 4-5, Osier Way, Park Street Industrial Estate, Aylesbury, Bucks HP20 1EB.

‘Conditions’ means the terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any additional terms and conditions agreed in writing between you and us.

‘Order’ means any contract between you and us for the purchase of Products.

All sales are made and all orders accepted are subject to the following conditions.

Any conditions in a buyer’s order inconsistent with these conditions shall not apply.

IMAGES AND LOGOS

Products carrying company names or trademarks shown in our website do not necessarily imply that the products have been supplied to or endorsed by the owner of the trademarks, but are meant to be representative of the effect that can be achieved by the creative personalising of merchandise. We endeavour to represent our products as best as possible in the images of them however the actual product may vary slightly from the image and size shown. Please always ask for a sample before placing an order.

1. VARIATION OF CONDITIONS

No amendment or change shall be made in these conditions except by agreement in writing signed by an authorised official of each party.

2. QUOTATIONS

3. PRODUCT AVAILABILITY

4. PRICES

5. TERMS OF PAYMENT

Prices quoted are net. Unless otherwise expressly agreed accounts are due for payment not later than the end of the month following the month of despatch. New accounts /orders will be proforma basis and payment will be required immediately and orders will not be progressed until full payment is received. When deliveries are spread over a period each consignment will be invoiced as despatched and each months invoices will be treated as a separate account and be payable accordingly. Failure to pay for any product or for any delivery or instalment shall entitle the Company to suspend further deliveries and work both on the same order and on any other order from the buyer without prejudice to any other right the Company may have. The Company also reserves the right to charge interest on overdue accounts at the rate of 2% per month. The Company reserves the right where genuine doubts arise as to the Buyer’s financial position or in the case of failure to pay for any product or any delivery or instalment as aforesaid to suspend delivery of any order or any part or instalment without liability until payment or satisfactory security for payment has been provided.

6. ORDERS & SPECIFICATIONS

An order can only be varied by agreement in writing signed by our authorised representative.

No order documentation submitted by you shall be deemed to be accepted by us unless and until confirmed either in writing by our authorised representative.

You must make sure that any Order you place with us correctly states your requirements including, without limitation, any discounted price we may have agreed and that you give us any necessary information relating to the Products (such as any specification) within a sufficient time to enable us to meet the Order. You should also check any artwork submitted for approval, to ensure this we require that you approve submitted artwork in writing. We will not be liable if the Products do not meet your requirements because you fail to do this. To give you assistance with this, calls relating to the placing of Orders may be monitored and/or recorded in accordance with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2008.

The quantity, quality and description of and any specification for the Products shall be as set out in the Order or any approved artwork we submit to you.

If the Products are to be manufactured or any process or markings are to be applied to the Products by us in accordance with a specification submitted by you, you grant to us a licence in respect of any materials in which you or a third party hold rights to apply such material in accordance with the Order. You indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us 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 our use of your specification.

We reserve the right to make any changes in the specification of the Products which are required to conform to any applicable statutory or EC requirements or, where the Products are to be supplied to our specification, which do not materially affect their quality or performance.

No Order may be cancelled by you except with our agreement in writing. Cancellation shall incur an administration charge of £25 per order, You shall also indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), plate charges, damages, charges and expenses incurred by us as a result of such cancellation. Such charges are only applicable after our paper/product proof and/or order confirmation approval.

No product samples shown, demonstrated or supplied to you by or on our behalf shall be used for any purpose or be reproduced or copied in any shape or form (including without limitation, photographed) by you without our prior written consent. We give no warranty or representation in relation to any such samples. You indemnify us against all loss, costs, damages, charges and expenses incurred by us in relation to any breach of this clause by you and in particular (without limitation) any claim against us for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights arising out of the use or copying of any such product samples by you.

7. DELIVERY BY INSTALMENTS

In all cases where the contract provides for delivery by instalments or part deliveries each instalment or part delivery shall be deemed to be a separate contract and cancellation of any one instalment or part delivery shall not avoid or affect contracts as to the other instalments or part deliveries.

8. NON DELIVERY AND DELAY

9. STORAGE

10. RETURNS

No returns will be accepted without written authorisation from a representative of the Company. Goods returned to the Company without such authorisation will be returned and carriage charges will be forwarded.

11. STOCK RESERVATIONS

Please note that stock can only be held whilst awaiting our artwork and/or order confirmation approval approval for a maximum of fourteen days, unless otherwise agreed. Stock can be held for a maximum of 24 hours pending order confirmation, unless otherwise agreed. For further details, please speak to our sales team.

12. PROPERTY AND RISK

13. DEFECTS

14. EXCLUSIONS AND LIMITATION OF DAMAGE

15. INDEMNITY

All warranties, conditions and representations in the respect of the goods are hereby expressly excluded and the Company shall not be liable for any loss, injury or damage arising directly or indirectly from the use, application or storage of such goods. Without prejudice to the above, the Company will be prepared to consider claims concerning the quality of the goods provided that such claims are notified to the Company within seven days of receipt of the goods by the buyer and are limited to the invoice value of the goods.

16. BUYER’S MATERIALS

Where material or other property is supplied to the Company by the buyer or on behalf of the buyer (whether owned by the buyer or not) whether to be held or to be worked upon by the Company for the purposes of this contract the Company accepts no responsibility for imperfect work caused by defects in, or the unsuitability of any material or property so supplied. The Company shall not be liable for any damage to such materials/products caused during the course of manufacturing, processing or finishing by the Company.

17. REJECTION OF ORDERS

The Company reserves the right to reject an order on giving written notice thereof to the buyer within seven days of the receipt of the order. In the event of such rejection no liability shall accrue to the Company.

18. DRAWINGS AND INFORMATION

The Company is entitled to assume that all drawings, descriptions, specifications and other information supplied by the buyer to the Company, whether written or verbal, are in all respects complete, accurate and entirely suitable for the buyer’s requirements.

19. ARTWORK

All artwork visuals and images provided by the company remain the property of the Company at all times, they are not to be used for any other purpose other than for company orders, unless agreed by an authorised member of the Company. Visuals are to give a rough idea of what can be achieved and are only for visual purposes. Size, layout, position, colours are all approximate and may not be 100% conform due to manufacturing/printing limitations.

20. SAMPLES

Samples provided prior to orders may vary from the actual finished product, size, colour, density and smell are not guaranteed.

21. PRODUCTS

22. PRINTING

23. CONSEQUENTIAL LOSS

The term “consequential loss” includes claims for breach of contract in respect of losses arising directly and naturally as a result of such breach.

24. LOSS OR DAMAGE IN TRANSIT

25. PATENTS

The Buyer shall indemnify the Company against all actions, costs (including the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement of any patent, registered design, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by the Company with the buyer’s instructions whether express or implied.

26. PACKING

27. PROCESSING OF PRODUCTS

Where the Company agrees to process the product for the buyer the Company may at its option sub-contract such processing work to a Third Party and in such instance the Third Party’s contract conditions (if any) shall apply and bind the buyer in circumstances where he has been given notice thereof prior to the sub-contract work being performed.

28. QUANTITY

29. ENGLISH LAW

These conditions and any contract made in accordance therewith shall be construed and take effect in accordance with English Law and any such contract shall be deemed to have been made at Sheffield in England.

30. INDULGENCE