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Terms and Conditions of Sale
A) Kalamazoo Direct is a trading style of Adare SEC Limited.
B) The following Terms and Conditions constitute the entire agreement between the parties and supersede any previous agreements, warranties, representations, undertakings or understandings between the parties and may not be varied except in writing.
C) Adare SEC Ltd offers trade credit facilities subject to the receipt of satisfactory trade references and / or the obtaining of satisfactory credit references from and established credit reference agency. Adare SEC Ltd reserves the right to refuse or withdraw such facilities at any time, without having to give their reasons and, in such a case, all outstanding invoices become due and payable immediately.
D) If credit facilities have been granted payment is due 30 days from date of invoice. If any item(s) remain unpaid by that due date charges will apply, in accordance with s5A and/or s6 of the Late Payment Commercial Debt (Interest) Act 1998 or any subsequent enactment. In addition, all invoices will become due and payable immediately and will be treated as overdue items, with appropriate charges applied and all costs reasonably incurred in collecting the debt payable by the Buyer.
E) Adare SEC Ltd reserves the right to share its trading details with established credit reference agencies.
F) Unless otherwise agreed in writing, the price of the Work will be “ex-works” and delivery shall be charged extra.
All orders are subject to final acceptance by the factory.
All orders are accepted with the understanding that invoices will be rendered at the prices prevailing at the time of receipt at the factory. Prices are subject to change and are based upon published price lists and will be accepted accordingly.
Carriage is charged separately in line with our prevailing published tariff.
Delivery or despatch dates cannot be guaranteed. An honest and sincere effort will always be put forth to meet your requested delivery date(s). The failure to meet this date(s) on an order does not constitute sufficient reason for cancellation or refusal of the final finished product. All agreements for deliveries and acceptances of orders are contingent upon strikes, accidents, fire or flood damage or any other cause beyond our control.
a) Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the Seller and the carrier within three clear days of delivery (or, in the case of non-delivery, within 3 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to the Seller and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 7 days of notification of despatch). All other claims must be made in writing to the Seller within 14 days of delivery. The Seller shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the buyer proves that (i) it was not possible to comply with the requirements and (ii) the claim was made as soon as reasonably possible.
b) If the work is defective so that the Buyer may in law reject it, said rejection must take place within 7 days of delivery of the goods, failing which the Buyer will be deemed to have accepted the work.
c) In the event of all or any claims or rejections the Seller reserves the right to inspect the Work within 7 days of the claim or rejection being notified.
d) The Seller will not accept return of non-defective items without written consent. Such consent, if given, will be on the following terms:
6. Damage Claims
No liability will be accepted by Adare SEC Ltd in respect of any claim arising of damage to goods in transit. Adare SEC Ltd may however in its absolute discretion agree to compensate the buyer in whole or in part in respect of any such damage which is proved to have occurred.
7. Trade Customs
The following trade customs have been in wide use for years and have been adopted by Adare SEC Ltd.
a) Negatives and plates: Negatives, positives, plated and other items, including images and designs created by Adare SEC ltd, shall remain our exclusive property.
b) Quotation: Quotations are only for work according to the original specifications and detailed copy must accompany the request. Any additional work required of the Seller by reason of the Buyer supplying inadequate copy, incomplete or incorrect instructions or insufficient materials; or late delivery of the same shall be charged. Factory quotations are limited to acceptance within a thirty day period or less upon notification.
c) Customer’s property: All customers property that is stored with Adare SEC Ltd is at customers risk, and Adare SEC Ltd is not liable for any damage or loss. It is understood that the gratuitous storage of customers property is solely for the benefit of the customer.
d) Warehousing and Call-off orders: Where orders involve warehousing for subsequent delivery, the following conditions apply:
8. Proofs and variations
a) The seller shall incur no liability for any errors not corrected by the Buyer where the Buyer has been provided with proofs. The Buyer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Seller’s judgement, changes there from make by the Buyer shall be charged extra.
b) Where the Buyer specifically waives any requirement to examine proofs the Seller is indemnified by the Buyer against any and all errors in the finished work.
c) Colour proofs: Due to difference in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed in writing.
d) Variations in quantity every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work being allowed for over or unders the same to be charged or deducted, unless otherwise agreed in writing.
a. Insofar as is permitted by law where Work is defective for any reason, including negligence, the Seller's liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work.
b. Where the Seller performs its obligations to rectify defective Work under this condition the Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Work and the Buyer shall not be entitled to any further claim in respect of the Work nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.
c. Defective Work must be returned to the Seller before replacement or credits can be issued. If the subject Work is not available to the Seller the Seller will hold that the Buyer has accepted the Work and no credits or replacement Work will be provided.
d. The Seller shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the work or for any loss to the Buyer arising from delay in transit, whether as a result of the Seller's negligence or otherwise.
e. Where the Seller offers to replace defective Work the Buyer must accept such an offer unless he can show clear cause for refusing so to do. If the Buyer opts to have the work re-done by any third party without reference to the Seller the Buyer automatically revokes his right to any remedy from the Seller, including but not exclusively the right to a credit in respect of Work done by the Seller.
f. Where the Work will be forwarded by or on behalf of the Buyer to a third party for further processing the Buyer will be deemed to have inspected and approved the Work prior to forwarding and the Seller accepts no liability for claims arising subsequent to the third party’s processing.
g. The Seller reserves the right to reject any work forwarded to him after initial processing by a third party as soon as is reasonably practicable without processing the work any further. Should the Buyer require the Seller notwithstanding to continue, then the Seller is only obliged to do so after confirmation from the Buyer in writing.
h. Nothing in these conditions shall exclude the Seller's liability for death or personal injury as a result of its negligence.
Without prejudice to other remedies, if the Buyer becomes insolvent, the Seller shall have the right not to proceed further with the contract or any other work for the Buyer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Buyer, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.
11. General Lien
Without prejudice to other remedies, in respect of all unpaid debts due from the Buyer the Seller shall have a general lien on all goods and property of or provided by the Buyer in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property as agent for the Buyer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to the Buyer for any balance remaining be discharged from all liability in respect of such goods or property.
12. Illegal matter
a. The Seller shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
b. The Seller shall be indemnified by the Buyer in respect of any claims, costs and expenses arising out of the printing by the Seller for the Buyer of any illegal or unlawful matter including matter which is libellous or infringes copyright, patent, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on a lawyer's advice in settlement of any claim that any matter is libellous or such an infringement.
13. Periodical publications
A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice must be given after completion of work on any one issue. Nevertheless the Seller may terminate any such contract forthwith should any sum due thereunder remain unpaid.
14. Force majeure
The Seller shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the Buyer; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Buyer may by written notice to the Seller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
15 Data Protection
The Buyer is hereby notified that the Seller may transfer personal information about the Buyer to a Credit Agency.
These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws ofEnglandand the parties agree to submit to the jurisdiction of the courts of England and Wales.
All specifications and notices relied on by either party and all variations to this agreement must be in writing and include a duly authorised signature.
Nothing in these Terms shall affect the rights of Consumers.
All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions.
Imagery displayed on the Kalamazoo Direct website is for illustration purposes only. Adare SEC endeavours to provide accurate product imagery but does not take responsibility for slight product variation including size and colour.
From time-to-time, Kalamazoo Direct may run promotional offers as part of its marketing strategy. Unless stated otherwise, such promotional offers are exclusive to orders placed on the Kalamazoo Direct website only and cannot be used in conjunction with any other offer. Kalamazoo Direct reserves the right to end any of its promotional offers at any time.
Unless stated otherwise, offers exclude ID card printers, Visitornet visitor management software, and Visitornet peripherals. Any specified minimum order value excludes VAT and delivery charges. Free delivery applies to standard UK delivery option only (usually £5.99).