1. Goods means Facematt UK Ltd. product described in the contract between Facematt UK Ltd. and the purchaser. Email confirmation of an order by the purchaser and acceptance thereof by Facematt UK Ltd. via email are deemed to be acceptable evidence of a contract.
2. These conditions shall be deemed to be incorporated in all contracts of Facematt UK Ltd. to sell goods and in the case of any inconsistency with any order or form of contract sent by the purchaser to Facematt UK Ltd. whatever may be their respective dates the provision of these conditions shall prevail unless expressly varied in writing or email and signed by a director on behalf of Facematt UK Ltd.
3. Not withstanding that Facematt UK Ltd. may have given a detailed quotation no order shall be binding on Facematt UK Ltd. unless it has been accepted in writing or email by Facematt UK Ltd.
4. Any times or dates given for completion or delivery of goods shall be binding on Facematt UK Ltd. insofar as Facematt UK Ltd. undertake to carry out additional work for the purchaser to the value of the print element of any goods not supplied on time. Such liability shall not extend to delays beyond the control of Facematt UK Ltd. including, without prejudice to the generality of the foregoing, defects in files or omissions of information, delays in approval of proofs and non-performance of printers and carriers.
5. By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
a) All goods shall be paid for at the time of order.
b) No goods shall be dispatched or collection allowed until paid for in full.
6. Any shortcomings or defects in goods supplied must be notified to Facematt UK Ltd. within 3 days of delivery. Such goods (or a sample of such goods) must be returned to Facematt UK Ltd. for inspection.
a) Nothing herein shall impose any liability upon Facematt UK Ltd. in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods.
b) Nothing herein shall have the effect of excluding or restricting the liability of Facematt UK Ltd.
c) For death or personal injury resulting from its negligence insofar as the same is prohibited by UK statute or ii) Under sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 to a purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977)
7. Facematt UK Ltd. shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or by reference to accruals of such, claim damages or expenses on a time basis.
8. The liability of Facematt UK Ltd. to the purchaser for any loss or damage of whatsoever nature and however caused shall be limited to and in no circumstances exceed the price of the goods.
9. If the purchaser shall be in breach of any of their obligations under the contract Facematt UK Ltd. may (without prejudice to Facematt UK Ltd’s rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.
10. No statement, description, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Facematt UK Ltd. shall be construed to enlarge, vary or override in any way these conditions.
11. Any concessions made or latitude allowed by Facematt UK Ltd. to the purchaser shall not affect the strict rights of Facematt UK Ltd. under the contract. If in any particular case of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect. Upon sight of artwork and at its sole discretion Facematt UK Ltd. reserve the right to decline to supply any
item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full. The purchaser shall be liable for any IP infringing artwork (including copyright) text, logo, trademark or images which forms part of the goods supplied under the contract.
12. The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the purchaser and Facematt UK Ltd. agree to submit to nonexclusive jurisdiction of the English courts.