Terms and Conditions of Business
These conditions govern all contracts of the sale of goods and services between Shirtworks (hereinafter referred to as ‘the Company’) and any Customer (hereinafter referred to as ‘the Customer’) of the goods and/or services. These terms can only be varied with the written consent of the Company.
All orders for the supply of goods placed by the Purchaser with Company are irrevocable unless otherwise expressly stated in writing. A confirmed order may only be cancelled or varied with the Company’s written consent. Such consent shall not in any way prejudice the Company’s right to recover from the Customer full compensation compensation (including profit) for any loss or expense arising from such cancellation or variation of the original order. An order is only deemed as excepted 2 days after payment in full is made.
The Company reserves the right to vary the price of the goods and other services from time to time. All prices for goods are quoted exclusive of taxes and duty unless otherwise stated. The Customer accepts that the goods will be invoiced at the price ruling at the date of dispatch (unless otherwise stated on the Company’s quotation).
4. Payment and Credit
Credit will not be extended to the Customer unless an application for credit has been made to and on the approval of the Company. Where a Customer has been granted credit, payment is due within 30 days of date of invoice unless otherwise agreed with the Company in writing. Where no credit has been granted to the Customer, payment is due immediately upon the date of the invoice. Interest will be charged by the Company to the Customer on all overdue sums at the rate of 4% above the Base Rate of HSBC at that time, accruing daily (and such interest shall continue to be payable after any court judgement). The Company reserves the right to refuse to dispatch goods to a Customer whose credit account or payment is overdue. A charge of £20 will be made for each instance of a returned or represented cheque.
5. Delivery and installation
The Company will use its best endeavours to deliver the goods on the estimated date for delivery, but does not guarantee to do so. The Company shall, under no circumstances whatsoever, be liable to the Customer for any loss, damage or expenses, whether caused directly or indirectly, by or from any delay in the delivery of the goods. The Company will deliver as near as possible to the Customers premises as access allows. Where delivery is to be made by an independent carrier, delivery to or pickup by the carrier will be deemed as being delivery to the Customer. Delivery at the Customers own premises or those of a nominated agent will be charged extra to the Customer. Claims for shortages or non-delivery must be supported by the carriers consignment or delivery note on which the goods have been signed and checked at the time of delivery. All claims for shortages or non-delivery must be made by telephone within 3 working days and in writing within 5 working days. Any loss or damage by the Customer after delivery is the sole responsibility of the Customer.
a. Absolute consistency of sizes (which are approximate “to fit” sizes), materials, proportions, colours and shades are not guaranteed by the company and are given as guidance only. Decoration positioning may vary between garments up to 25mm. On those occasions where repeat orders find that the garment colour is slightly different to the previous order, Shirtworks cannot be held responsible for those changes.
b. All textile goods must be washed and cleaned strictly in accordance with the washing label instructions attached to the goods. The company reserves the right to alter or amend specifications without prior notice.
c. Inks used during the textile printing process will inevitably fade over time. The speed at which they fade will be dependent on many factors including washing temperature, number of washes, exposure to sunlight etc. Therefore Shirtworks cannot be held responsible for fading ink colour/s during use.If you require us to match your colours to the Pantone matching system then you must give us the codes otherwise we will take them from the profiles in your document which are sometimes inaccurate. Shirtworks is not liable for colour mismatches if the customer has been unable to supply Pantone numbers.
7. Supplied Garments
All garments supplied by Shirtworks have undergone rigorous testing for their stability throughout the process of screen-printing, embroidery, thermal printing and vinyl decoration as well as their overall quality. All garments supplied by Shirtworks are guaranteed to be processed successfully without damage. Shirtworks cannot be held responsible for damage or loss which occurs to garments which have been supplied by the customer. Examples of damage may include, but not be limited to, the garments changing colour or shape due to heat, or damage caused by machinery malfunction.
8. Claims against the Company
All claims in respect of goods alleged to be defective must be made in writing within 14 days from the date of delivery.
9. Set-off and Lien
No payments maybe withheld not may any counterclaims by the Customer be set-off against any payment due under this or any other contract. The Company shall have a general and particular lien on all money and property which the Customer owns or is entitled to possess which is in the possession of the Company or its agents which it may sell as the Customers agent to reduce the Customers debt to the company.
10. Force Majeure
The company shall not be under any liability of any kind for non-performance in whole or in part of its obligations under the contract due to causes beyond the reasonable control of the company or of the companies suppliers or due to labour disputes.
11. Ownership of Goods
Property of any goods supplied to the Customer will not pass to the Customer until the goods are paid for in full by the Customer. Further, title to such goods shall not pass until payment to the Company of all amounts owing to it by the Customer on any account whatsoever. The Company has the right to recover from the Customer the cost of installation, removal, return transport and diminution in value of any such goods not paid for in full. If prior to making payment to the Company, the Customer contracts to sell the goods to a third party in substantially the same form in which they were delivered to the Customer, then the title to such goods and payment liability shall pass from the Company to such third party upon full payment to the Company.
The company reserves the right to refuse cancellations of confirmed orders placed by the Customer, and refuse acceptance of goods returned to the Company without permission. The Company does not trade on a ‘sale or return’ basis. There will be a 20% restocking fee on the price of the garments only, for all cancelled orders that are excepted, with a minimum cost of £10.00 +VAT
13. Plain items
Plain item returns must be returned within 14 days and are returned at the users expense, all goods must be returned using a signed for delivery. Shirtworks is trade supplier and charges a 15% restocking fee.
14. Digital Printing
There are sometimes slight colour variations between the digital prints on garments of different colours and also on garments which are the same colour in any one print run. These are unavoidable and universal on all current printing equipment. The acceptable tolerance is difficult to define or measure. If your project does not have room for this type of tolerance, then you will need to discount digital as the appropriate process. Your Account Manager can advise.
15. Set-up fees
Set up fees on new orders, if applicable, are a one off charge to cover the cost of labor and administration. Any digital files or screens remain the property of Shirtworks and are not transferable.
16. Intellectual Property Rights
You will indemnify us from and against all costs, claims, liabilities and damages which we may suffer or incur as a result of you using, reproducing or exploiting any industrial or intellectual material or property rights without the consent of the proprietor.
17. Rectification of these Terms
If any of these terms, or any part of these terms, is unenforceable or void law, it shall not affect the remainder of such terms or any other such term or otherwise affect the contract and shall be replaced by such valid term as is near as may be in effect to the original term.
All contracts between the Company and the Customers shall be governed by the laws of England and any disputes arising therefrom shall be the subject to the jurisdiction of the English courts.
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