Terms And Conditions | Fylde Promotional Merchandise
These terms and conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
We reserve the right to alter any details or design of products illustrated without prior notice and while every effort is made to describe our goods accurately on sales literature, email and the website no warranty is given as to accuracy and no responsibility will be accepted for error or misdescription and any resulting loss.
We reserve the right to alter any product specification without prior notice. Whilst every effort is made to describe items accurately in all forms of media and communication, we do not accept responsibility for any errors or misdescriptions resulting in a loss. Nor do we accept liability for any item withdrawn or altered by a manufacturer after you have received a quote and/or placed an order.
Passing Of Title And Risk
The risk of the goods shall pass to you on delivery. All goods, delivered or not, remain our property until payment is received in full. Until such time as payment in full is made, you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these terms and conditions and we shall be entitled upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purpose.
Payment shall be made in full within 30 days of invoice unless we have agreed on special settlement terms in writing. A late Payment fee of £35 will be applied to any invoices that remain unpaid over 30 days from the due date. (30 Days late) A further late payment fee of £25 and an interest charge of 5% will be applied to all invoices 60 days past the due date. (60 days late) All customers will be automatically sent regular reminders from our system to help avoid any late payment penalties.
The first 3 orders that are placed with Fylde Promotional Merchandise will be on a strictly 100% proforma basis unless special payment terms are pre-agreed in writing. By placing an order using a credit/debit card over the internet/phone you are agreeing to these terms and conditions.
All goods will be supplied against a proforma invoice unless a credit account form has been filled in and received by Fylde Promotional Merchandise. An account will be opened after acceptance of bankers reference and two (2) trade references. Payment is to be made within 30 days from the date of the invoice. We understand and may exercise our statutory right of Interest Under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to our credit terms. Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the right to invoice any such discounts to accounts which become overdue.
We accept BACS, credit/debit card or cheque payments. Debit cards will not incur a processing surcharge, but credit cards will incur a 2.5% surcharge of gross invoice total. In the event a cheque or card payment is returned as rejected by the processor, we reserve the right to charge an administration fee of £35 and pass on any additional costs incurred by us.
Quotations And Contracts
Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today's current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you. All quotations are valid at the time of quoting error and omissions excluded.
All prices are subject to VAT (at the current rate), plus origination and carriage costs where applicable. Prices quoted directly or via any Fylde Promotional Merchandise website or media source are guides only. All prices are subject to sight of final artwork. We reserve the right to re-quote in the event of an error, changes in specifications or increased costs to us.
Delivery And Lead Times
Every effort will be made to deliver on time, but any delivery day or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. Please note that certain things such as customs clearance and the weather can affect lead times with overseas and far east purchases. All deliveries will be charged at the prevailing rates applying at the date of such delivery. Special rush deliveries can usually be arranged but will usually be subject to additional charges (e.g. rush print charges and rush delivery charges) that will be charged to you at current commercial rates. Lead times will be deemed to commence at the date and time that Fylde Promotional Merchandise receives in writing, "signed off" approval of the artwork that Fylde Promotional Merchandise supplied to the client. Each product that is sold on our website is subject to its own lead time and can vary greatly from product to product, generally, an order will not take more than 10-30 working days. Upon placement of order, you will receive a Sales order that states our best estimated time of delivery.
Bank Holidays / Weekends
Please allow us the following working days to cover Bank Holidays / Weekends. This means any orders that are due in between, will follow next working day.
We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the number of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
Below are our standard manufacturing tolerances:
- For UV Letterpress labels, die cut dimensional tolerances are +/-.010”
- For UV Screen Print labels, die cut dimensional tolerances are +/-.010”
- For High-Speed Laser labels, die cut dimensional tolerances are +/-.010”
- Plotter cut dimensional tolerances are +/-.030”
- Die Cut to Printed Copy movement +/- .020” (on all machines)
- Trimmed liner edge width may vary +/- .030” per edge
- Colour match tolerance is within +/- one shade of the closest PMS colour in the Pantone Selection Guide.
Although the best machinery is used in production, still there may be some sort of tolerance for printing, cutting, guillotining, folding etc.; which should be acceptable by the customer. Minimum 2 mm of cutting, printing, folding tolerance should be acceptable.
Claims And Returns
Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedures set out in 7. Nothing in these terms and conditions shall affect the right of a consumer.
A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of written cancellation. We cannot accept cancellations that have proceeded to production or print (and/or other branding methods). Cancelled orders that have not proceeded to production or print (and/or other branding methods), will incur a cancellation charge of £35 + VAT, in addition to applicable charges incurred by us up to the date of written cancellation. e.g. artwork re-draws, origination, restocking and carriage fees. Cancelled orders must be received by us in writing by the person that authorised the order.
Samples of any of the items illustrated on our literature, website and emails are available upon request and will be charged at the lowest quantity rate + £9.50 Handling and Delivery - You can order these through our website. These will be submitted on approval and will be charged if not returned in good condition within 7 days.
No goods will be delivered on accounts that remain unpaid after payment is due. Interest will be charged on overdue accounts, from the date the account became due until payment is received. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you. We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
Any changes in quantity ordered must be made in writing to us prior to the commencement of processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
Overs And Unders
Due to manufacturing tolerances, we reserve the right to supply within +/- 10% of the agreed quantity of goods ordered. The full quote of ‘nders’ will be credited in full, whilst up to 5% of ‘overs’ will be invoiced accordingly. We shall be deemed to have fulfilled our contract by delivering a quantity within these parameters and so will NOT deliver under's at a later date.
Vector Logo Redraws
If you are unable to provide suitable artwork, we can provide an artwork re-draw, graphic design service for a nominal fee and in some cases free of charge. Applicable fees are based on complexity and/or time involved. If the artwork is re-drawn by us or supplied by you the client, we reserve the right to charge for each additional edit to artwork outside the scope of the agreed parameters. If you require us to type-set text on your behalf, we will not be held liable for any mistakes (spelling or otherwise). Visual proofs are a guide ONLY which are meant to demonstrate the location and size of branding. An order will not proceed to production until a visual proof has been signed off, together with acceptance of these terms and conditions.
Artwork And Printing
All artwork and printing charges will be levied where necessary unless previously stipulated by us. Where applicable the prices are shown include artwork, printing one colour one position, for Additional print colours and positions of printing extra fees are applicable and will be stated in your quotation and indicated on your sales order. Please note that printing can vary from product to product and print position may vary due to different print processes, you will be supplied a proof to approve before all printing takes place.
Changes To Artwork
In order to print efficiently from the artwork you supply, it may be necessary to adjust or redraw your artwork. You will be advised of the changes made. No printing will take place until Fylde Promotional Merchandise has received in writing your "signed off" approval of the artwork. In order to sign off your artwork, we will send you an artwork approval form via email illustrating how your artwork will look on your chosen product. This MUST be checked thoroughly and signed off. The job will not commence until we have received in writing this signed off approval. You must notify us of any discrepancy in the artwork or order as we DO NOT accept any liability of any post-completion errors or omissions.
Due to the variety of materials and the branding processes utilised, we cannot guarantee to exactly match Pantone/colour references (provided by you the client) for products that are manufactured and/or branded. Whilst every effort is made to match as closely as possible to these Pantone/colour references, we cannot be held liable for inconsistencies, loss or further costs that may arise.
Paper Grams (GSM)
We cannot give 100% guarantee of the paper grams (GSM) as our suppliers buy from a paper merchant with a certificate of paper grams. ( + - ) 5% variation grams (GSM) variation of paper can happen due to the large volume of paper purchase from a different merchant.
Where you require a quantity smaller than the minimum quantity shown, this is normally possible but usually carries a small order surcharge, please contact us for an exact quotation.
The Buyer must inform the Fylde Promotional Merchandise in writing if the products ordered are to be used by children. The Company specialises in supplying merchandise on a business-to-business basis where the intended final recipients are adults. Certain promotional merchandise is not suitable for use by children.
Specifications, Warranty And Defects
It is incumbent upon the Buyer to supply Fylde Promotional Merchandise with full and precise instructions. In the event of an order being inadequately specified Fylde Promotional Merchandise artistic interpretation shall be accepted without demur. Fylde Promotional Merchandise shall at the request of the Buyer at the time an order is placed, on completion of proof artwork provide a copy to the Buyer for approval by way of email. In such event, Fylde Promotional Merchandise shall not proceed with the contract until authorised by the Buyer. In the event that the Buyer fails or refuses to authorise confirmation of the contract, the cost of the proof artwork shall be for the account of the Buyer. Where the Buyer supplies products for printing the Buyer agrees to supply sufficient products to allow for wastage inherent in the printing process and acknowledges that up to 3% wastage may occur at each printing phase (i.e. each colour and each position). Fylde Promotional Merchandise shall use its best endeavours to minimise such wastage but shall have no responsibility for the replacement or cost of products damaged during the printing process subject to the limits stated above.
In the event that as a result of any act of God, Storm, Fire, Flood, Explosion, Strike, Lockout (Whether at Fylde Promotional Merchandise premises or elsewhere), shortage of materials or any other matter which is beyond Fylde Promotional Merchandise reasonable control, or not within its reasonable contemplation at the date of acceptance of the Buyer’s order, the performance of the contract is made materially more onerous or expensive for Fylde Promotional Merchandise, Fylde Promotional Merchandise may at any time by written notice cancel the contract without liability to the Buyer. In the event that by the date on which Fylde Promotional Merchandise serves such notice of cancellation Fylde Promotional Merchandise has previously invoiced the Buyer with goods comprised in the contract in respect of which such notice of cancellation is given, the Buyer shall be obliged to take up and pay for the goods so invoiced.
To protect the privacy of all existing and prospective clients, all personal information about individual users (name, address, E-mail address, telephone numbers) is strictly confidential and will under no circumstances be passed on, lent or sold to third parties.
Copyright And Storage
Fylde Promotional Merchandise assumes that by passing artwork etc. to them the Buyer has a legal right to the property in it and requires the Buyer to indemnify the Fylde Promotional Merchandise from all and any claims arising from alleged breach of copyright etc.. For the sake of good order Fylde Promotional Merchandise hereby declares that it is not knowingly party to any misuse of registered or copyrighted designs and/or materials, and under no circumstances will it accept any actions against itself whether direct, conjoined or ex parte, and Fylde Promotional Merchandise accepts no liability for Buyer’s mistakes or transgressions in this (or any other) field. Similarly, unless instructed to return, Fylde Promotional Merchandise will artwork for a period of one year, but entirely at the Buyers risk. Fylde Promotional Merchandise maintains no insurance for the intrinsic or artistic value of any items held in trust.
Fylde Promotional Merchandise makes no representations or warranties of any kind, express or implied, as to the operation of their websites or product information. To the full extent permissible by law, Fylde Promotional Merchandise disclaims all warranties, express or implied, regarding merchantability and fitness for a particular use. Fylde Promotional Merchandise will not be liable for any damages due to misuse of their websites, including but not limited to direct, indirect, incidental, punitive or consequential damages. All products displaying names or trademarks are not necessarily indicative of supply or endorsement by us or the owner of the trademark, but merely representative of what can be achieved with printed and/or other types of branded promotional products.
www.fyldepm.co.uk, www.fyldepromotionalmerchandise.co.uk are created and controlled by A&G Studios Ltd. We reserve the right to make changes to the sites, content and these disclaimers, policies, or terms and conditions at any time without prior notice. The Contract shall be read and construed in all respects in accordance with English Law and the parties agree to submit to the jurisdiction of the English Courts in respect of all matters concerning this contract or arising therefrom and further agree that the provisions of the Uniform Law on the International Sale of Goods shall not apply thereto.
Our Contact Details
The full name of our company is A&G Studios Limited. We are registered in England under registration number 06795696. Our registered office is: 341 Lytham Road, Blackpool, Lancashire, FY4 1DS
Vat No. GB 945 3000 49
Fylde Promotional Merchandise is a division of A&G Studios Ltd ©2016