Terms and conditions of sale
Warnstar Sign and Print Limited (hereafter referred to as the ‘company’) is an ISO 9001:2015 accredited company operating within the marine industry.
Any order placed as a result of a quotation will not constitute a contract until accepted in writing by MARITIME PROGRESS LIMITED (hereafter referred to as the ‘company’). Any conditions incorporated in such order or otherwise which vary these conditions will have no effect and will not form part of the contract unless accepted specifically in writing by a duly authorised officer of the company. In case of any inconsistency between these conditions and any other conditions incorporated in the order these conditions will prevail.
The company makes every effort to ensure that our catalogue is correct and that the product within conforms to current legislation and standards. These may change over the life of the book. It is the purchaser’s responsibility to ensure that the product is used in the appropriate situation. We reserve the right to alter or amend prices, designs and specifications described in this book. Once the order has been accepted by the company it cannot be cancelled without the company’s consent in writing.
3. Validity of Standard and Bespoke Quotations
Unless stated otherwise, quotations are only open for 30 days from the date of provision. After such time or extended period as agreed, quotations lapse and the company will then have the option of revising or withdrawing the quotation without notice.
Bespoke work will only be undertaken normally after acceptance of an official purchase order and approval of the artwork by the customer. In the event of cancellation of such an order, we reserve the right to charge for costs incurred.
There will be a minimum order value of £150.00 prior to discount, taxes and carriage costs. This can be an accumulative of a number of orders provided they constitute a single consignment address.
4. Terms of Payment
Prices are net cash payable in accordance with the terms set out in the quotation. Where applicable all progress payments must be received by the company on the due dates and any liability of the company to carry out its obligations under the contract are dependent upon the company receiving in full said payments on such dates. The Company reserves the right to charge interest in the event that payments are not made on the due dates.
Credit accounts are available against approved references, payment being by credit card, BACS or company cheque. Non-credit accounts must be paid in advance by cheque or credit card.
Where applicable, all prices quoted are subject to the addition of V.A.T. at the appropriate rate and under such circumstances the full amount of V.A.T. due on the whole contract must be paid on the delivery of the services, or materials, irrespective of the payment terms agreed.
All prices are exclusive of carriage, packing and VAT. VAT will be charged (where applicable) at the current rate at the date of invoicing.
6. Materials Guarantee
The company guarantees to replace or repair at its discretion defective materials when disclosed in writing within a period of three months. Such replacement will be supplied ex works to a United Kingdom purchaser and F.O.B. U.K. port to an overseas purchaser.
All labour and associated expenses connected with the fitting of replacement materials will be borne by the purchaser. The company accepts no responsibility for the failure of materials due to fair wear and tear, or careless handling, or for damage which may occur through inadequate storage facilities, or due to events beyond the company’s control
The company will accept the return of standard goods within 14 days of our supply invoice date, providing they are in a pristine, resalable condition complete with any accessories, manuals and other documentation originally supplied. A 15% restocking charge will apply. The company will not accept the return of any bespoke items. All goods returned to the company require a return authorisation number which must be obtained in advance.
All materials returned to the company will be carriage paid. Where materials supplied are not of the company’s manufacture, the purchaser will be entitled to the benefit of any guarantee afforded to the company in respect thereof.
Special prices quoted are valid for 30 days, or as otherwise stated in writing. Work will only be undertaken after receipt of an official purchase order and, in the case of ‘specials’, approval of the artwork by the customer. In the event of cancellation of such an order we reserve the right to charge for costs incurred.
9. Accepting and changing quantities higher than that ordered.
Standard list price materials are always supplied as the exact number ordered. Specials which consist of a print run may have up to 5% excess printed and charged to the customer. A note to this effect should be added into the quotation. For goods that are purchased as a special production, it is reasonable to accept up to 5% more goods and over that, up to 10% depending on the value of the excess. High valued goods will be examined more closely
10. Limitation of Liability
With the exception of making good the defects above mentioned, the company will not be liable for and purchaser agrees to indemnify the company against any liability whatsoever in respect of any claims, loss, damage, or expenses directly, or indirectly due to, or caused by, or consequential upon the existence, or occurrence of any such defect, or persons’ actions, or for any personal injury, or damage to property attributable thereto. All guarantees, conditions, warrantees, representations and liabilities whatsoever, whether expressed, implied, statutory, or otherwise are excluded.
The company will not be liable for and the purchaser agrees to indemnify the company against all claims and demands whatsoever and by whomsoever made in respect of any expense, loss, damage, or injury caused, or consequential upon the emission of any produce, or substances, which are deemed to have caused pollution.
12. Property In and Responsibility for Equipment Supplied
The property in the services/material will not pass to the purchaser until the price for the said service/material has been paid in full. Save as expressly provided the company’s responsibility for any of the material that is the subject matter of this Contract shall cease immediately upon the delivery thereof to the agreed place of delivery and in no event will the company be liable for loss, or damage to such materials thereafter. Where the purchaser is unable, or unwilling to accept delivery of the materials on the contracted delivery date, the company will be entitled to arrange storage and insurance of the materials pending delivery to the purchaser. The cost of any such storage and insurance will be paid by the purchaser to the company in addition to the contract price, which will become due as if delivery had taken place.
It is the responsibility of the purchaser to check all delivery routes between the company and destination are open. The company is not liable for return and/or reposting costs in the event delivery is not possible. In this event, the company will be entitled to reclaim any expenses incurred from the purchaser.
13. Delivery Date
The delivery date is given with the quotation. However, if the company is prevented from, or materially impeded, or delayed in delivering any equipment/materials, or drawings, or otherwise, or in completing the contract by reason of, or in consequence of any act, or omission by the purchaser, or its servants, or agents such prevention impediment, or delays shall not entitle the purchaser to vitiate the contract, or otherwise affect it, except that (a) the time for performance by the company of its obligations under the contract will be extended by a period equivalent to that in which the company suffered such prevention impediment, or delay and (b) the contract may, at the option of the company, be terminated forthwith by notice in writing to that effect. If in the event of such prevention impediment, or delay as aforesaid the company elects to adhere to the contract it will be entitled in addition to the contract sum, or price to compensation from the purchaser for all loss damage, costs, charges and expenses incurred, whether directly, or indirectly, as a result of such prevention impediment, or delay.
If the company elects to terminate the contract it will be entitled to be paid in accordance with the contract for all goods or materials delivered, or completed for delivery and for all work completed and charges and expenses incurred up to date of such termination together with such compensation as aforesaid.
14. Force Majeure
Force majeure will mean an occurrence beyond the control of the party affected including, without limitation to the generality of the foregoing acts of God, or the public enemy, expropriation, or confiscation of facilities changes in law, war, rebellion, sabotage or riots, floods, unusually severe weather that could not reasonably have been anticipated, fires, explosions, or other catastrophes, strikes, or any other concerted acts of workmen, or other similar occurrences, which are not within the control of the party affected. Any delay or failure in performance by either party hereto will not constitute default hereunder, or give rise to any claim for damages, if and to the extent such delay, or failure is occasioned by force majeure.
15. Variation of Contract
Where, after entering into the contract, a variation in the work is agreed between the purchaser and the company, both parties will where applicable at the same time agree upon any resulting variations in the schedule of the work and the contract price.
16. Price Variation
Prices unless otherwise stated in the quotation are based upon the cost of labour, materials, transport and other expenses ruling at the date of the quotation. Where for any reason the price is to be varied, the prices ruling at the time of completing the work will be applied.
The quotation is given on the basis of information supplied by, or on behalf of the purchaser. The company will not be bound by any estimate, or tender based upon inaccurate, or incomplete drawings, or information supplied by, or on behalf of the purchaser. During the course of this contract the purchaser undertakes to provide all necessary information for the timely completion of the contract and where this information is held by a third party the purchaser will obtain, or authorise the company to obtain the said information. In the event that charges are demanded by the third party for the information the purchaser agrees to bear such cost.
18. Copyright & Design
All drawings, written material, photographic, video and similar material produced by the company, its subcontractors, or agents will remain the property of the company and may not be copied, or amended except with the written permission of the company. Design submitted to the customer, or products supplied as finished goods, or samples remain the property of the company.
No part of our publications may be reproduced, or transmitted in any form, or by any means, without written permission from the copyright holder.
19. Governing Law
The construction validity and performance of this agreement will be governed in all respects by English Law.