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All goods are sold by Embroidery and Print City ("the Seller") to any purchaser ("the Buyer") upon the following terms which shall prevail over any terms contained in the Buyer's order or in correspondence or elsewhere unless specifically agreed to in writing and signed by a Director of the Seller.
The prices payable for the goods shall be those in the Seller's price list current at the time of order or as agreed with the Seller. The Seller reserves the right to revise all prices and specifications.
Risk and Title
Variation and Returns
The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery though the quantity may be up to 10% more or less that the quantity specified in the contract (seconds stock only) and in such event the Buyer shall pay for the actual quantity delivered. Save as provided herein no return of of goods will be accepted unless authorised by the Seller's Sales Department prior to despatch and the Seller reserves the right to charge the minimum handling fee specified above except in the case of faulty goods.
i) For shortages in quantity delivered unless the Buyer notified the Seller of such claim within 2 days of receipt of the goods.
ii) For damage to or loss of the goods or any part thereof in transit unless the Buyer shall notify the Seller of any such claims within 2 working days of receipt of the goods.
iii) For defects in the goods caused by fair wear and tear, abnormal condition of storage or use or any act, neglect or default of the Buyer or of a third party.
iv) For other defects in the goods unless notified to the Seller within 2 working days of receipt of the goods by the Buyer provided that no liability shall be attributed to the Seller where goods have been embroidered/printed on or have changed their form in any way whatsoever.
v) The Seller will embroider/print the Buyers own garments entirely at the Buyers risk. Liability will not be accepted if the Buyer has approved the design embroidered/printed, if the Buyer decides the embroidery/print is not as expected or if garments are damaged whilst on the embroidery/print machine.
vi) Where liability is accepted, the Seller's own responsibility shall be at its option to make good any shortage or non-delivery and/or to replace any goods found to be damaged or defective and/or refund the cost of such goods.
vii) The Seller's aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods which give rise to such liability as determined by the net price invoiced to the Buyer in respect of any occurrence or series of occurrences.
The Seller shall not be liable to the Buyer for any loss or damage suffered by the Buyer as a direct or indirect result of the supply of goods by the Seller being prevented, hindered, delayed or rendered uneconomical by reason of circumstance or event beyond the Seller's reasonable control.
Insolvency and Default
If the Buyer enters into a deed of arrangement or commits an act of Bankruptcy or compouds with its creditors or if a receiving order is made against them or if an order is made or a resolution passed for the winding up of the Buyer or if a receiver is appointed over any of the Buyers assets or undertakings or if the Buyer takes or suffers any similar or analogous action in consequence of debts or commits any breach of this or any other contract between the Seller and the Buyer the Seller may without prejudice to any of its other rights stop any of the goods in transit and / or suspend any further deliveries and / or determine the rights of the Buyer under condition 5 and / or by notice in writing terminate the contract.
The contract shall be governed by and constructed in accordance with English Law; the parties submit to the jurisdiction of English Courts.