Standard Terms & Conditions of Sale
SmartSource Solutions Ltd (registered number 06729870) whose registered office is at President Park, President Way, Sheffield, S4 7UR (“we” or “us”)
VALUE-ADDED TAX
All prices exclude VAT. This will be added at the current rate on the date of sale.
PLACING ORDERS
The sales office operates from 8:30am to 5:00pm, Monday to Friday.
ORDERS AND CONTRACTS
All orders and contracts are accepted by SmartSource Solutions Ltd subject to force majeure without engagement regarding delivery and subject to prices ruling at the time of despatch. Force majeure shall include acts of God, riots, war, explosion, fire, flood, storms, lock-outs, strikes, national or local legislation or regulation, the service of proceedings alleging the infringement of third party patent rights, accident, breakdown of plant or machinery, and shortage of materials.
CUSTOMERS CONDITIONS
Customers’ conditions endorsed on their orders are binding only to the extent that they do not conflict with these terms and conditions of sale.
SPECIALLY ORDERED GOODS
SmartSource Solutions Ltd will only order non-stock items once the order has been confirmed by email or in writing. Once ordered, such items cannot be cancelled or accepted for return.
PRICES
SmartSource Solutions Ltd reserves the right to alter prices without prior notification. Prices will be confirmed when placing an order.
PRINT TOLERANCE
All printed/bespoke items are supplied with a tolerance on final quantity of +/-10% of the order quantity and charged at the quoted/contract rate.
ARTWORK
Proofs of all work may be submitted for the customer’s approval and SmartSource Solutions Ltd shall incur no liability for any errors not corrected by the customer in proofs so submitted.
Customer’s alterations and additional proofs necessitated thereby shall be charged extra.
When style or layout is left to our printer’s judgement, changes therefrom made by the customer shall be charged extra.
Colour Proofs – Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.
CANCELLATION
The cancellation of an order taken by SmartSource Solutions Ltd must be confirmed in writing or by email within 24 hours of the order being placed.
Where an order for print is cancelled after we have commenced work on it, the client will be responsible for all fees and costs accrued at the time of cancellation.
CLAIMS
If any goods supplied by SmartSource Solutions Ltd prove upon inspection to be defective in material or workmanship, SmartSource Solutions Ltd undertakes at its option to replace the same or refund to the purchaser the price of the goods, and in no circumstances will liability exceed the cost of replacement or (at SmartSource Solutions Ltd’s option) the price paid by the purchaser for such goods.
SmartSource Solutions Ltd shall not under any circumstances whatsoever be liable for damages, whether consequential or otherwise, howsoever caused or occasioned and this undertaking is given in place of and excludes all other warranties and conditions whatsoever whether implied by statute or otherwise unless and except for personal injuries to any person. The warranty will not exceed that set by the manufacturer.
Any missing, incorrect or damaged goods must be reported to us within 14 days of the date we ship goods to you. We will not be liable for refunds or replacement products after this time.
TERMS OF PAYMENT
The prices charged and against which payment must be made will be those prices ruling at the date of despatch of the goods. Unless otherwise agreed, cash must be sent with order or cash paid against proforma invoice until a credit account has been approved. Credit terms require payment within 30 days from the date of invoice, but SmartSource Solutions Ltd has the right to withdraw credit facilities in the event of any failure by the purchaser to adhere to these terms of payment.
It is an express condition of sale that SmartSource Solutions Ltd shall be entitled to charge without notice interest at the rate of 4% above the Bank Of England base rate, calculated monthly, on balances more than 7 days overdue, and that in the event of SmartSource Solutions Ltd having recourse to legal action against the purchaser in order to obtain payment of outstanding accounts, any costs incurred in so doing are payable by the purchaser on a full indemnity basis and also that SmartSource Solutions Ltd shall be entitled to recover and resell any goods for which payment has not been received by SmartSource Solutions Ltd.
RETENTION OF TITLE
Risk of damage to or loss of the goods shall pass to the buyer:
- In the case of goods to be delivered at the seller’s (SmartSource Solutions Ltd) premises, at the time when the seller notifies the buyer that the goods are available for collection; or
- In the case of goods to be delivered otherwise than at the seller’s premises, at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when the seller has tendered delivery of the goods. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property of the goods shall not pass to the buyer until the seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the seller to the buyer for which payment is then due. Until such time as the property in the goods passes from the buyer, the buyer shall hold the goods as the seller’s fiduciary agent and bailiff and shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the seller’s property, but shall be entitled to resell or use the goods in the ordinary course of business. Until such time as the property in the goods passes to the buyer (and provided the goods are still in existence and have not been resold), the seller shall be entitled at any time to require the buyer to deliver the goods to the seller and, if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the goods are stored and repossess the goods. The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the seller, but if the buyer does so all moneys owing by the buyer to the seller shall (without prejudice to any other right or remedy of the seller) forthwith become due and payable.
GENERAL
No variation hereto or addition hereto shall be binding upon SmartSource Solutions Ltd unless given in writing by a director of SmartSource Solutions Ltd. English law shall govern these terms and conditions of sale.
VARIATIONS IN QUANTITY
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 10 per cent for work being allowed for overs or shortage, the same to be charged or deducted.