Terms & Conditions" Standard Terms and Conditions of Contract of Elite Industrial Supplies Ltd trading as elitesignsandbanners.co.uk Company Reg No 04143773 vat reg 703 9607 37 ALL logos images and branding of hivis.co.uk webiste are Trade Marks of Elite Industrial Supplies Ltd and cannot be copied used or referred to without prior written permission of Elite industrial Supplies Ltd
1. Definitions In these conditions the following expressions shall have the following meanings hereby assigned to them:
1.1 "the client" shall mean the person, firm, company, partnership or other entity which agrees or has agreed to retain Elite Industrial Supplies Ltd to provide services
1.2 "the services" shall mean the services which the client agrees to retain Elite Industrial Supplies Ltd to provide 1.3 "order" shall mean any order placed by the client for the services which shall be covered by these conditions
1.4 "insolvency event" shall be any one or more events; where the client (not being a company) commits an available act of bankruptcy or has a bankruptcy petition presented or bankruptcy order made against him/her or is the subject of an interim order under the provisions of the Insolvency Act 1986 or makes application for such an order or makes a voluntary arrangement or where the client has a receiver or receiver and manager or an administrative receiver appointed of all or any of his/her assets or where the client (being a company) does anything or fails to do anything which would entitle the receiver to take possession of any assets or has a receiver or receiver and manager or administrative receiver appointed of all or any of its assets or does anything or fails to do anything which would entitle any person to present a petition for winding up or has a winding up petition presented or winding up order made against or makes a voluntary arrangement or submits to its creditors of any of them a proposal or has a petition for an administration order presented against it or is the subject to a resolution passed by the Directors or Shareholders for the presentation of a petition for an order under Part II of the Insolvency Act 1986 or the voluntary winding up of the company or ceases to exist (or in either case) where the client suffers any distress or execution to be levied on its goods.
2. Incorporation of these Conditions
2.1 These conditions shall apply to all contracts for the services between Elite Industrial Supplies Ltd and the client. These conditions are the only conditions on which Elite Industrial Supplies Ltd agree to supply the services to the client to the exclusion of all other terms and conditions including any terms or conditions which the client may purport to apply under any purchase order, confirmation of order or other similar documentation unless otherwise agreed in writing by Elite Industrial Supplies Ltd in accordance with above clause. Any attempt by the client to exclude or limit any of the provisions of these conditions shall be void and form no part of these conditions.
2.2 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless made in and signed by an authorised officer or employee of Elite Industrial Supplies Ltd . 2.3 Unless previously withdrawn any quotation made by Elite Industrial Supplies Ltd expires 30 days after the date therof.
3. Provisions of the Services
3.1 Any date for the provision of services specified by the client (whether orally or in writing) is given as an estimate only and it is hereby expressly agreed that such a date shall not be in the essence of the contract. Elite Industrial Supplies Ltd shall not be liable if any way whatsoever to the client for any loss or damage whatsoever and howsoever arising and including any claims by third parties against the client suffered by the client in respect of any late provision of services.
3.2 The client warrants that it has supplied Elite Industrial Supplies Ltd with sufficient information about its requirements necessary to allow Elite Industrial Supplies Ltd to provide the services in accordance with these conditions. 3.3 Elite Industrial Supplies Ltd has the right should conditions so dictate or should Elite Industrial Supplies Ltd so require to change or alter specifications of the services without notice provided that the varied specifications shall not materially affect or reduce the quality of the services.
4.1 Elite Industrial Supplies Ltd charges for the providing the services that have been set down in writing or verbally to the client or are set down in an accompanying letter from Elite Industrial Supplies Ltd to the client.
4.2 Unless otherwise stated in writing all charges specified shall be exclusive of value added tax ("VAT") if the itemis vatable which shall be due at the rate ruling on the date of the VAT invoice.
4.3 The client shall not be entitled to make any deduction from any sums owing to Elite Industrial Supplies Ltd whether under these conditions or otherwise in respect of monies owed by Elite Industrial Supplies Ltd to the client or any claims the client may have against Elite Industrial Supplies Ltd .
4.4 Elite Industrial Supplies Ltd 's normal terms are that once a proposal has been approved then a deposit of minimum 25% will be required before any work is undertaken and the balance will be paid on completion of the work or invoiced as per elite std terms and condistions nett 30 days upon a credit agreement being made. Elite Industrial Supplies Ltd 's normal terms and conditions apply as in point 5 of this document.
5. Terms of Business and Payment
5.1 Unless otherwise specified in writing by Elite Industrial Supplies Ltd accounts are due and payable in full on the last working day of the month following the end of the in which the services were invoiced and time for payment shall be of the essence.
5.2 Elite Industrial Supplies Ltd reserves the right to charge interest on overdue invoices which shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 5% above bank base rate from time to time in force and shall accrue at such rate after as well as before any judgement.
5.3 Without prejudice to any other remedies of Elite Industrial Supplies Ltd , if any outstanding account remains unpaid by the client for a period of time more than 5 days from the due date of any invoice Elite Industrial Supplies Ltd may:
5.3.1 without notice suspend or cancel further provision of the services to the client pending payment by the client 5.3.2 treat the contract as repudiated by the client 5.3.3 issue proceedings for recovery of all outstanding monies (including interest and costs)
5.4 Any client that require a credit account will automatically be credit checked by us.
5.5 All goods will remain the property of Elite Industrial Supplies Ltd until paid for in full.
6.1 Except in respect of death or personal injury caused by the negligence of Elite Industrial Supplies Ltd or its employees, Elite Industrial Supplies Ltd shall not be liable to the client by reason of a representation or any implied warranty condition or other term or under any duty of common law or under the express terms of the contract with the client; for any consequential loss or damage (whether for loss or profit or otherwise) cost expenses or other claims for consequential compensation whatsoever (and whether caused by negligence of Elite Industrial Supplies Ltd its employees or agents or otherwise) which are directly or indirectly out or in connection with the performance of the contract with the client.
6.2 Except in respect of death or personal injury caused by Elite Industrial Supplies Ltd or its employees, the aggregate liability of Elite Industrial Supplies Ltd to the client in relation to the provision of services shall be limited to the total charges made by Elite Industrial Supplies Ltd to the client in relation to the provision of services.
6.3 Where the client is a company, Elite Industrial Supplies Ltd hereby notifies the client that neither Elite Industrial Supplies Ltd nor its employees is prepared to become (or act as) a director or officer of the client. The client agrees that it shall hold out that Elite Industrial Supplies Ltd and/or its employees is or are director (s) or officer (s) of the client. The client acknowledges that Elite Industrial Supplies Ltd in the course of its duty provides advisory services. Elite Industrial Supplies Ltd is not to be regarded as being involved in the management of the company.
Goods are not sold for any particular purpose even if implied in the catalogue or product data sheets. All implied terms and conditions and warranties relating to the quality and/or fitness for the purpose or any of the goods are excluded. The seller shall be under no liability whatsoever to the buyer for any indirect or consequential loss and/or expense (including loss of profit) suffered by the buyer arising out of breach of Contract by the Seller of this contract. In the event of any breach of Contract by the Seller the remedies of the buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the price of the Goods.
DEFECTS AND LIABILITY
Except where the Company enters into a separate maintenance contract in respect of the Goods (and where the exception applies the provisions of the maintenance contract shall prevail) the Company shall, as soon as it is reasonably able to do so, replace or, at is option, repair any Goods in which defects appear under normal use within 90 days of delivery or collection and where such defects are solely attributable to the Company’s faulty design, materials or workmanship. Save as aforesaid, or where damage to or defects in the Goods are caused by the Company’s negligent handling or storage of the Goods, the Company excludes all liability of whatsoever nature and howsoever arising for loss or damage (save in the case of death or personal injury caused by the Company’s proven negligence) including consequential loss arising out of defects in the Goods. The Company shall pass to the Buyer the benefit of any guarantee it has from the manufacturer of the Goods.
Without prejudice to any other conditions hereof, save in a consumer sale and that the Company warrants that it has the unencumbered right to sell the Goods, no other warranties or conditions, express or implied, in relation to the Goods shall be deemed to be incorporated in any contract. In particular, the Buyer must use its own skill and judgement to satisfy itself that the goods are of merchantable quality and are fit for the purpose(s) for which the Buyer intends to use them.
7. Force Majeure
7.1 Elite Industrial Supplies Ltd shall be under no liability whatsoever to the client for the failure or delay in the performance of any of its obligations hereunder if and so long as performance becomes impracticable by reason of force majeure and Elite Industrial Supplies Ltd reserves the right to cancel or suspend further performance of the services except that the client will still be liable to pay any sums which have become payable under these conditions before the incident of force majeure.
7.2 Force majeure shall include without limitation any act of god, flood, fire, tempest, war, civil commotion, riots, shortage of materials, enactment of legislation by Government or municipal authorities, industrial disputes, lockouts, reduction or stoppage of output through fire, flood, heat, frost, holidays, breakdowns or accidents to machinery or any other cause (whether or not of the same nature as the foregoing) which is beyond Elite Industrial Supplies Ltd 's control.
8. Termination 8.1 Elite Industrial Supplies Ltd will be entitled to terminate the relationship forthwith and without giving prior notice to the client if the client is in breach of any of its obligations herein (including without prejudice to the generality of the foregoing default in paying any sums due to Elite Industrial Supplies Ltd ).
8.2 The right of Elite Industrial Supplies Ltd to terminate the relationship shall be without prejudice to all other rights of Elite Industrial Supplies Ltd under these conditions which have accrued at the date of termination and in particular in the event that Elite Industrial Supplies Ltd shall be entitled under the terms hereof to determine an Order for the services or to terminate the relationship between Elite Industrial Supplies Ltd and the client, then the following provisions of this clause shall have effect:
8.2.1 Elite Industrial Supplies Ltd shall not incur any liability whatsoever to the client for any loss (whether consequential or otherwise) suffered by the client as a result of such determination
8.2.2. Such determination shall not affect any rights, which may already have accrued to Elite Industrial Supplies Ltd under the terms of this, or any other Order and in particular (but without prejudice to the generality of the foregoing) the right of Elite Industrial Supplies Ltd to full payment for any of the services already provided to the client.
9. Client's Insolvency The client herby acknowledges that before placing an Order it has expressly represented and warranted to Elite Industrial Supplies Ltd that its not insolvent and is not the subject of any Insolvency Event and in the event that the client should default in or commit any breach of its obligations to Elite Industrial Supplies Ltd under this or any other Order (whether such obligations are expressed to be imposed as conditions, warranties or otherwise) or under these conditions, or cease to exist under the terms of its constitution, or is the subject of any Insolvency Event, or (without prejudice to any other rights of Elite Industrial Supplies Ltd ), Elite Industrial Supplies Ltd shall be at liberty to cancel the Order (and/or any other Order between Elite Industrial Supplies Ltd and the client) in accordance with condition 8.1 hereof.
10. Access The client agrees to provide unimpeded access to the client's property at all times for the employees and vehicles of Elite Industrial Supplies Ltd its contractors, sub contractors and carriers on or into such property for the purpose of providing the services to the client or investigating any matter relating to the services and neither Elite Industrial Supplies Ltd its contractors, sub contractors or carriers nor any of their respective employees shall be liable for any loss injury or damage caused whether negligently or otherwise to any property by or arising out of entry of such employees or vehicles on or into the client's property or any consequential loss or damage arising therefrom save insofar as the same may be covered by the insurance of Elite Industrial Supplies Ltd and/or the client as the case may be.
11. Intellectual Property. Any industrial property or intellectual property including (but without prejudice to the generality of the foregoing) any and all copyright, patents, trademarks in or over any information, specification, plan, drawing, pattern, sample, materials or other thing arising from or produced by Elite Industrial Supplies Ltd in the performance of the contract with the client for the provision of the services shall belong to Elite Industrial Supplies Ltd and the client shall upon demand execute such written assurances as shall be necessary to perfect Elite Industrial Supplies Ltd 's title to such intellectual property rights. Such materials shall not be reproduced or disseminated in the United Kingdom or elsewhere without the prior written permission of Elite Industrial Supplies Ltd . The client shall not cause or permit anything to be done which may damage or endanger the industrial property or other intellectual property of Elite Industrial Supplies Ltd or Elite Industrial Supplies Ltd 's title to it or assist or allow others to do so.
Elite Industrial Supplies Ltd shall be entitled to assign or transfer the benefit and/or the burden of the contract with the client for the provision of the services without the consent of the client.
13. General 13.1 No neglect or forbearance by Elite Industrial Supplies Ltd in pursuing any claim or right hereunder against the client shall be prejudice or in any way affect Elite Industrial Supplies Ltd 's rights hereunder.
13.2 Any notice required to be served pursuant to these conditions shall be in writing and served by first class post or by hand to the address of the recipient at its principal place of business for the time being or its registered office. Notices shall be deemed to be served on the first working day following the date of posting and in order to prove service it shall only be necessary to show that the envelope containing the note was properly addressed, pre paid and posted.
13.3 Elite Industrial Supplies Ltd may cancel this contract at any time before the services are provided by giving written notice. On giving such notice Elite Industrial Supplies Ltd shall promptly repay to the client any sum paid in respect of the charges. Elite Industrial Supplies Ltd shall not be liable to any loss or damage whatsoever arising from such a cancellation.
13.4 These conditions shall be governed by and construed in accordance with the Laws of England and (without prejudice to any other right to Elite Industrial Supplies Ltd ) Elite Industrial Supplies Ltd may (in its absolute discretion) elect that any dispute arising out of these conditions be referred to and determined by the courts of England.
13.5 Any reference to a statutory provision shall be deemed to include a reference to any statutory modification or re-enactment from time to time in force.
13.6 If any term or provision of these conditions shall be held to illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these conditions but the enforceability of the remainder of these conditions shall not be affected. Policy Documents:
14. GARMENT Decoration.
Any printing and garment decoration shall be processed only after the approval of the customer,(in instances where approval s deemed by us to be required) we do not send artwork approvals for any order value of less than £30 and / or under 10 items and will use our discretion and 15 years experience of the best way to format or interpret your instructions. If no clear instructions are given by you about colours sizes position etc. Once approval of artwork is received then no claim can be accomodated in respect of any garment which has been altered in any way by means of decoration. All colours provided electronically or otherwise shall be for visual estimate only and if pantone references are required should be provided by the customer before production. All colours of any prouct shown on the website is for visual reference purposes only, and as all computer monitors render colours differently then we do not accept any liability for colour shades of actual garments being different than shown on ypur screen. If you need to ensure exact colour requirements then please enquire about pantone reference matching for our items.
14.1. Elite reserves the right to refuse any order whether payment has been taken or not for reasons including but not limited to such as the logo to be digitised is too large and needs extra charges, the order cannot be completed in required schedule, the logo is too complex and as such may not be suitable for the particular decoration method used. We reserve the right to levy additional charges for any additional artwork requirements not included in original specification/request.
14.2. The customer is fully responsible for any copyright violations and must have the appropriate permissions from the owners of the brands or logo’s we apply to your garments.We will not be held responsible if you do not acquire the correct permissions or application of the correct logo.
All refunds will be subject to the terms and conditions and should refund be required to the credit card, the customer shall provide the card number to us again so we can process the refund to the same card. Card details are never kept on file after payment has been processed and refunds shall be issued in accordance with statutory requirements.
All timed deliveries are a guide only and we are not responsible for third party excecution of any of these services, Our published service times are up to the goods leaving our building . Any items implied as same day despatch will leave subject to stock availibility at the time. Very rarely problems beyond our control arise meaning stock may be unexpectedly depleted in which case we resreve the right to an extra days despatch time on any specified express despatch times.
(Click the links to view our company policy documents)
Corporate Social Responsibility
Employee Health Safety Env Policy
Our payment security policy