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Lanyard Express Limited: Terms and Conditions of Sale

Please read the following carefully and thoroughly as placing an order constitutes acceptance of these terms and conditions.

  1. Introduction.  The conditions set out below apply to all contracts for the sale and supply of goods, entered into between Lanyard Express Limited and the Buyer and excludes any other terms and conditions.  Your conditions of purchase (if any) shall not apply to this contract.  No variation of, or addition to, these terms shall take effect unless agreed by both parties in writing.  The contract between Lanyard Express Limited and the Buyer shall be governed by and continued in accordance with English Law and the Buyer (even if resident outside the jurisdiction) shall submit to the jurisdiction of the High Court of Justice in England.
  2. All prices are ex works, excluding Value Added Tax which where applicable will be charged at the current rate on all orders.  We reserve the right to refuse any order, including any order made in response to our quotation.  Written quotations are based on costs ruling on the date of the quotation and, whilst generally valid for 30 days are subject to change without notice.  Unless you give us prior written notice to the contrary, the person placing or signing the order on your behalf will be deemed to be authorised to do so.
  3. Artwork.  You are responsible for checking all copy supplied, whether verbally, in writing or on electronic media and any proof copy we may send you for checking prior to print.  You are also responsible to ensure that the copy does not infringe any copyright, moral rights or other rights of any other person and does not contain any defamatory or otherwise unlawful content.  We may refuse to print any matter which in our opinion is in breach of this clause.  If alterations are made at proof stage we may make a charge for extra work.  When general style and lay-out are left to our judgment and require changes, we may charge for this work.
  4. Delivery.  We will charge for delivery on all orders unless otherwise agreed.  The delivery times quoted are from receipt of an official order and signoff/approval of our artwork proof and may be subject to delays beyond our control.  The purchaser shall not be entitled to claim compensation or damages as a result of delay in delivery.  Each delivery shall be considered a separate transaction and the failure of any one delivery shall not affect the due performance of the contract.  Unless otherwise stated, all goods will be delivered bulk packed.
  5. Any shortages, defects or incorrectly supplied goods must be reported in writing to Lanyard Express Limited within 3 days of delivery.  Where specific pantone colour matching is requested, the buyer accepts that this may not be possible in all cases due to CMYK interpretation of the colour and the variation may be +/- 10% of the shade.  In the dye sublimation printing process it is accepted that there may be movement of text/logos within the print area by +/- 2mm and as stated on proofing document, detail may be cut or sewn through unless otherwise agreed in advance.
  6. Payment Terms.
    (a) All prices are quoted exclusive of Value Added Tax which, where applicable, will be charged in addition to the price quoted;
    (b) Invoices are due for payment within 30 days of their date.  We reserve the right to demand payment in advance on any order;
    (c) Interest shall be charged on outstanding balances at the rate of 8.0% over base rate of the Bank of England from time to time in accordance with the Late Payment of Debts Act;
    (d) Without prejudice to any other remedy, we reserve the right to refuse to complete orders and/or deliver goods if you have failed to make all payments due to us under that or any other contract;
    (e) The goods in any consignment shall remain our property, even after delivery, until you have paid us for them in full.  Even though title to the goods has not passed to you, we shall be entitled to sue for their price once payment has become due;
    (f) All credit card payments are taken in good faith.  Fraudulent usage of this facility will be immediately reported to the relevant authorities and will be taken to have broken all contract terms.  Deliveries to addresses other than the card holder’s invoice address may be declined.  We reserve the right to place a 2% surcharge on any account settled by Credit/Charge card.
  7. Defects and Liability
    We will make good, by repair or by the supply of a replacement, defects which, under proper use, appear in the goods within a period of one calendar month after the goods have been delivered, and arise solely from faulty design, materials or workmanship; provided always that (a) defective parts have been returned to us if we shall have so required, and (b) you shall have promptly notified us of such defects as soon as you become aware of them.  This clause shall not apply to any goods which are used after a defect has been discovered.
    We shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including without limitation any labour disputes or failure of supplies.
    In no circumstances shall we be liable, whether in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, (a) for any loss of profit, business, contracts, revenues or anticipated savings, or (b) for any special, indirect or consequential damage of any nature whatsoever.
  8. Intellectual Property
    The copyright subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programmes or any other material prepared by us whether readable by humans or by machines in respect of the goods or work shall belong to us absolutely and they shall not be reproduced or disclosed or used in its original or translated form by you without our written consent for any purpose other than that for which they were furnished.
    Notwithstanding any implied warranty or condition as to title or otherwise in relation to the goods supplied hereunder, we shall not be liable to indemnify you in respect of any claim made or threatened against you by a third party whether by legal proceedings or otherwise based on a right claimed under letters, patent, trade-mark, copyright (whether registered as a design or not) or breach of confidence unless: (a) we shall have been promptly notified of the claim or threat and no admissions shall have been made by you such as would prejudice the defence of any such claim or threat; and (b) the goods shall have been designed by us or made to our design and in any event or liability shall be limited to damage and costs awarded by a court of competent jurisdiction in proceedings conducted in accordance with our wishes or such sum as may be paid in compromise of such proceedings with our assent.
    You shall indemnify us against any and all liabilities, claims and costs incurred by or made against us as a direct or indirect result of carrying out any work required to be done on or to the goods in accordance with your requirements or specifications involving any infringement or alleged infringement of any rights of any third party.
    All tools, negatives and plates are and will remain at all times our property.  Any tools, negatives and plates will be maintained free of charge by us while being used in production and for a period of 24 (twenty-four) months following the date of last use.  Following the expiry of this period these items will be destroyed unless specific written arrangements are made.
  9. General
    The validity, construction and performance of this contract shall be governed by English Law and the parties submit to the jurisdiction of English courts.
    For the purposes of the Contract (Right of Third Parties) Act 1999, [and notwithstanding any other provision of this Agreement.] this Agreement is not intended to, and does not give any person who is not a party to it any right to enforce any of its provisions.
    We retain a general lien on any of your goods in our possession for any unpaid balance you may owe to us.
    Any notice to be served under these Conditions may be given orally in person or any telephone but must be confirmed in writing as soon as possible and in any event with 24 hours to the intended recipient either (a) within the United Kingdom by prepaid first class post (when it will be deemed served at noon on the first working day after it was posted); or (b) by facsimile transmission or electronic mail between the hours of 9.00am and 3.00pm on a working day (when it will be deemed served twelve hours after it was transmitted); or (c) by personal delivery (when it will be deemed served when it is delivered).
    The address for service of notices shall be the party’s address as shown in these Conditions or as subsequently notified in writing.
    Our waiver of any breach of any term hereof shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
    Should one clause hereof be invalid the provisions of the remainder hereof shall not be affected and in such case the parties hereto shall co-operate to agree replacement terms which are legally valid in order to achieve as nearly as possible the original intentions of the parties particularly regarding the economic effect of such clause.