• References to the purchaser: shall relate to the customer of Moonlight Business Gifts.
• Passing of title: Until full payment has been made of all sums outstanding from the purchaser to Moonlight Business Gifts;
• The property in the goods shall remain with Moonlight Business Gifts.
• The purchaser shall not be entitled to withhold or set-off payment for any reason whatsoever
• Payment: Payments are to be made in POUNDS STERLING ONLY. Account terms are strictly nett 30 days from date of invoice. First orders are by Pro-forma.
• Moonlight Business Gifts will levy interest on outstanding sums at 4% over the current standard bank base rate.
• Blocks, Dies and other origination work: Tools, blocks, stencils and plates are chargeable unless otherwise agreed.
• Artwork: Production of finished artwork is charged extra.
• Quotations & Contracts:
• All orders are acknowledged and the details shown will be the basis for production. Prices are subject to VAT at the prevailing rate. It is the Purchasers responsibility to read and notify Moonlight Business Gifts of any changes, mistakes or omissions within 7 days of the acknowledgement.
• The right is reserved to supply up to a certain maximum over or under the ordered quantity of goods and these overs will be charged at the contractual rate for the actual number of goods supplied. The Maximum applicable will depend upon the practice of the particular trade of goods supplied but normal tolerances are within +/- 10%.
• Moonlight Business Gifts may without prejudice to its other rights and remedies terminate this contract if: –
i) There should be any breach of the purchaser of any term or condition hereunder
ii) If any payment is overdue
iii) The financial responsibility of the purchaser shall, in the opinion of Moonlight Business Gifts, become impaired or unsatisfactory.
• Moonlight Business Gifts will use its best endeavours to meet any delivery date requested, however, any date given for a delivery Moonlight Business Gifts is intended to be an estimate only and failure by Moonlight Business Gifts to adhere to the estimated delivery day shall not amount to a breach of contract to this end. Time shall not be of the essence save as expressly agreed in writing by Moonlight Business Gifts.
• Moonlight Business Gifts shall not be liable for failure to perform any obligation hereunder if such failure was caused by circumstances beyond their control.
• Failure of goods on grounds of quality, quantity or wrong supply of goods must be notified to Moonlight Business Gifts within three days of receipt.
• Moonlight Business Gifts liability for the above will be limited to
• replacing the defective goods
• making good the defect
• allowing full credit for the cost of the goods by Moonlight Business Gifts.
• In the absence of a claim within the terms previously mentioned above the goods shall be presumed to have been delivered in accordance with the contract, and Moonlight Business Gifts shall not be liable for any loss whatsoever.
• Specification: Where the Purchaser has specified that the goods shall be of a certain colour or size, such specifications shall be subject to a reasonable commercial variation save as expressly agreed in writing by Moonlight Business Gifts.
• Samples: Samples submitted on approval will be charged unless returned in good condition within 21 days.
• Carriage: Will be charged unless otherwise stated
• Company Logos: Products bearing names and trademarks in any of Moonlight Business Gift’s literature or on any samples, do not necessarily indicate or imply that Moonlight Business Gifts have supplied the items to the owner of the name or trademark but are representative of the effect which has been obtained by using an advertisement.
Trademarks: It is the responsibility of the purchaser to ensure that his requirements do not constitute an infringement of any copyright, patent rights, design, trademark or name, or other protected rights. The purchaser shall save harmless and indemnify Moonlight Business Gifts from and against all claims and Proceedings for or on account of any such infringement and from and against all claims, demands proceedings, damages, costs, charges, and expenses whatsoever thereof or in relation thereto.
• Cancellation: If an order is cancelled by the purchaser at any time after the date of acceptance by Moonlight Business Gifts then the purchaser shall reimburse Moonlight Business Gifts any costs and expenses incurred by Moonlight Business Gifts in connection with that order. Cancellations must be made in writing. A £50 administration charge will be levied upon any cancellation.
• All orders placed with Moonlight Business Gifts are deemed to be subject to the standard conditions in paragraphs 1- 13 and the contract shall be interpreted according to the Law of England and the Purchaser hereby accepts the jurisdiction of such courts whether in England or elsewhere as Moonlight Business Gifts may nominate for the purpose of trying any action arising out of this contract.