Terms & Conditions
TERMS OF SALE:
1) ORDERS / TERMS AGREED
1.1 All sales are subject to these Conditions which override any customer or third party terms and conditions / terms of business / terms of sales.
1.2 Orders can only be cancelled or varied by the customer if production has not begun and is subject to the customer paying an administration fee of £50.00 ex VAT and reimbursing us for any costs incurred due to cancellation / variations.
2) ARTWORK / CUSTOMER MATERIALS
2.1 The customer is responsible for the checking of all proofs / artwork (including accuracy, layout and specifications) and for approving such artworks. Material Goods Co cannot be held liable for mistakes in artworks such as spelling / layouts / colours that have been agreed to by the client.
2.2 In cases where a sample is produced in lieu of or in addition to artworks then acceptance of this will be used for full production runs.
2.3 Where the customer uses third party agencies it is implied that such agencies have authority to deal with us direct to give approvals and to bind the customer.
2.4 Artwork and plates created by us remain our property unless paid for in full.
2.5 The customer warrants that fulfilment of the order willl not infringe any intellectual property rights (including Copyright) and will indemnify us and our agents against all costs and expenses incurred by any such infringement
2.6 Customer property is supplied by or on behalf of the customer at the customer’s risk and we cannot be held liable for any loss or damage.
3) TOLERANCES / SAMPLES
3.1 We will ensure products meet current industry standards and fall within industry tolerances of 10%. This includes actual quantity deliveries, sizing, prints and colour.
3.2 In cases where a sample is provided for sign off, every effort will be made to supply products to the same quality of samples submitted / quoted but exact matches to samples or previous orders cannot be guaranteed.
4.1 Prices are quoted ex VAT any applicable government levy which the customer will be charged.
4.2 We reserve the right to vat our prices before or after acceptance to meet;
a) Any additional costs resulting from customer variations to orders / customers that require expedited delivery / additional delivery requirements not advised or a change in specifications
b) Any rose in the costs of production / materials
5.1 Our terms are strictly pro forma payment in full unless agreed otherwise, without any deductions. Orders may not be processed / started until payment has been processed and is cleared in our account. Payment can be made by bank transfer and most credit / debit cards.
5.2 Credit may be available for existing customers or orders over £10,000 ex VAT solely at our discretion.
5.3 With late payment we reserve the right to charge an interest rate of 8% from due date and recover any reasonable costs including court fees. We also reserve the right to pay meant without prior notice from a debit / credit card given at the time of the order or previous orders.
5.4 With instalment deliveries, we are entitled to invoice each instalment on delivery and payment is due not with standing non-delivery of other instalments. Default by the customer in paying instalments will cause the whole balance of the order in full.
6.1 Delivery times are approximate and estimated from previous orders. Lead times only start from when payment is cleared in our account and artworks are finalised and agreed. Delivery times are strictly not guaranteed.
6.2 We reserve the right to delivery in instalments if it is more practical to do so and failure to deliver one instalment does not give rise to a right to reject other deliveries.
6.3 The customer is responsible for;
a) Giving clear delivery instructions for taking delivery (times and restrictions) / unloading as required by Health and Safety / carriers (failure to do may result in extra charges)
b) Checking goods on delivery for shortfall / damage and signing for them as either damaged or not checked if it is not practical to do so.
c) Notifying us immediately of any non-delivery or obvious shortfall / damage of delivery
6.4 We will not be liable for the acts or omissions of any couriers / carriers (The contracted job of all couriers is only to delivery to the door and they cannot leave their vehicle unattended)
6.5 We cannot be held liable for any late deliveries arising from outside of our control such as in-transit delays, customs delays etc.
7) RISK / PROPERTY
7.1 Risk on all goods passes on delivery.
7.2 With non-branded / non-personalised goods, title to the goods will not pass until all the sums due to us from the customer are paid in cleared funds.
8) COMPLAINTS / LIABILITY
8.1 ) Complaints will not be entertained unless:
a) Notified to us in accordance with 6.3 (Delivery) and for other claims, in writing within 14 days of delivery
b) Goods are signed for as damaged / shortfall or, if not checked as condition not checked
c) substantiated including by producing damaged / faulty samples and allowing our representatives to check the goods by them being returned to us.
8.2 ) Complaints will not be entertained if the goods are used, as they are then deemed fit for purpose. All goods in question must be returned in full to us.
8.3 ) If a claim is validly made and substantiated then we will replace the goods supplies or, at our sole discretion, give a credit towards the price of the goods. The customer must make the goods available for collection if we so require.
8.4 ) Subject to 8.3 and in view of the personalised nature of goods, the customers is not entitled to reject / return goods and delivery of such goods to us will not be deemed to acceptance of a claim and we will hold the customer liable for the costs of return in addition to other sums due. Rejected goods will be our disposal as we think fit.
8.5 ) All warranties and conditions implied by statute as to quality and fitness for purpose are excluded to the fullest extent permitted by law and no representation is made in respect of manufactured of goods.
8.6) Under no circumstances will be we liable to the customer or any third party for any indirect or consequential loss or damage (whether loss of profit or otherwise) arising from or as a result of our supply, delay in supplying or failure to supply goods for any other reason what so ever. Our maximum liability is limited to the price quoted or, if invoiced, invoiced for the particular goods to which the claim relates.
8.7) Supplies by us are subject to, and we are not liable for, causes beyond our reasonable control e.g. acts of God, wars, inability to secure materials.
9.1) Northern Irish law will apply to all of our sales and the customer agrees to the exclusive jurisdiction of the Northern Irish courts.
9.2) If one part of these Conditions were found to invalid / unenforceable it will not affect the validity of the remainder.
9.3) The customer is not entitled to assign the benefit of this supply contract to any third party without our consent.
TERMS OF COMPETITIONS AND PRIZE DRAWS:
- One person/small business per entry
- Open to UK & Ireland residents aged 18+
- Winner will be chosen at random
- Closing date 11:59pm on 31 January 2021.
- Draw will commence on the 1st of February 2021
- The prize is non-exchangeable, non-transferable without our consent and no cash alternatives will be offered.
- We reserve the right to substitute prizes with another prize of equal or higher value if circumstances beyond our control make it necessary to do so.
- Merchandise meaning ; end cost of product, including Design, Manufacturing, Shipping, Set-up costs and any other hidden expenses.
- Winners and Entries may be used for publicity & promotion.
- Copyright to the entries will remain with the entrant but the entrant licences Material Goods Co LTD to use their photographs to promote the brand across websites and social media.
- The winner will be notified after 1st of February 2021 via Social Media.
- Material Goods Co LTD will attempt to contact the winner up to two times.
- If the winner does not respond to the notifications of their win within 14 days of the second attempt, they will lose their right to the prize, and Material Goods Co LTD reserves the right to choose and notify a new winner.
- Material Goods Co LTD does not accept any liability for any damage, loss, injury or disappointment suffered by any entrants as a result of either participating in the prize draw or being selected for a prize, save that Material Goods Co LTD does not exclude its liability for death or personal injury as a result of its own negligence.
- Material Goods Co LTD does not provide any form of practical or IT support for this prize. On receipt, all responsibilities relating to warranty and the product are that of the prize winner.
- The decision of Material Goods Co LTD regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.
- Material Goods Co LTD reserves the right to cancel the prize draw or amend these terms and conditions at any time, without prior notice.
- The prize draw and these terms and conditions will be governed by Northern Irish law and any disputes will be subject to the exclusive jurisdiction of the courts of the Northern Irish courts.
- If one part of these Conditions were found to invalid / unenforceable it will not affect the validity of the remainder.