Terms & Conditions
Terms & Conditions of Sale for TRADE ACCOUNT HOLDERS
Please read the terms and conditions set out below carefully before opening an account and purchasing Goods. By opening an account, purchasing Goods from us or otherwise using this Website you agree to be bound by these terms and conditions (“Terms and Conditions”).
Interpretation. In these Conditions: ‘you’ means the customer who accepts our order acknowledgment in submission of a purchase order for Products. ‘Products’ means the products (including any part delivery of an Order or any part for them) which we supply in accordance with these Conditions; ‘we or us‘ means CEG Ltd a company registered in England with registered number 4035035 whose registered office is at 9 Beaumont Gate, Shenley Hill, Radlett, Herts WD7 7AR. T/A Corporate Executive Gifts.
‘Conditions’ means the terms and conditions of sale as set out in this document and (unless the context otherwise requires) includes any additional terms and conditions agreed in writing between you and us; ‘Order’ means any contract between you and us for the purchase of Products.
Orders. We sell and you purchase the Products by our acceptance of any written order you issue to us. Such an order is subject to these Conditions of Sale. The quantity, quality, description, price and any additional specification for the Products shall be as set out in our Order Acknowledgment to you. Any details that are incorrect on this Order Acknowledgment must be notified within 2 days of issue. We will not be liable if the Products do not meet your requirements because you fail to do this. Any documentation or communication received from you in the course of an order will have an effect only in so far as it refers to terms and conditions which are particular to that order and which are not at variance with these Conditions except where we agree in writing to later or vary any of these individual Conditions. These Conditions shall override and supersede any terms or conditions of purchase purported to be incorporated either expressly or implied into the Contract.
Branding. A visual representation of the branding is sent electronically subsequent to the acknowledgement of order and upon receipt of suitable artwork. Approval must be given in writing prior to production irrespective of whether it is a repeat job or not. We shall incur no liability for errors not corrected on proofs submitted by us or our subcontractors for customer approval. Customer alterations and additional proofs necessitated thereby shall be charged as extra to the contract. Where style, type, layout or print is left to our discretion any alteration required by you shall be charged as extra to the contract. Any markings to be applied to the Products are granted to us a licence in respect of any materials in which you or a third party hold rights to apply such material in accordance with the Order. You indemnify us against al loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any person which results from our use of your specification.
Cancellation/Returns Policy. No order may be cancelled by you except with our agreement in writing. Cancellation shall incur an administration charge of £25 per order. You shall also indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of such cancellation. Should work be suspended or delayed by you through your own fault or omission we shall be entitled to payment for any work carried out, materials used and any other additional costs, including storage, which may have been incurred. Where Product is supplied with no branding there is both an administration charge of £25 per order and a re- stocking charge which relates to the volume size of the order. Neither shall we be held liable for return delivery cost.
Pricing. In relation to an Order, we reserve the right by giving notice to you at any time before delivery, to increase the price of the Products to reflect any increase in the cost of Products to us which is due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Products which is requested by you, or any delay caused by instructions from you or failure by you to give is adequate information or instructions.
Terms of Payment. We shall invoice you for the price of the Products on or at any time after delivery of the Products, unless the Products are to be collected by you or you wrongfully fail to take delivery of the Products, in which event we shall invoice you for the price at any time after we have notified you that the Products are ready for collection or (as the case may be) we have tendered delivery of the Products. You shall pay the price of the Products as per the terms of payment stated on our Acknowledgement of Order. We reserve the right to charge interest on any amount at the rate of 2% per month such interest accruing on a daily basis from the day following that on which the amount became due. Should extended payment terms be agreed we reserve the tight to charge interest on the period of extension at a rate equivalent to 2% per month.
Delivery & Instalments. Where delivery charge is specified this shall be for one UK address unless otherwise stated. Additional and overseas addresses will incur additional charges. We will try to deliver Products by any date quoted for delivery of the Products but such date is approximate only and we shall not be liable for failure to meet such date unless we have previously agreed to be so bound in writing. Time for delivery shall not be of the essence nor shall it be made so by service of any notice. Any period specified for delivery of Products runs from the date of approval of any artwork and not from the date the order is placed. The Products may be delivered by us in advance of the quoted delivery date. Where delivery of the Products is to be made by us in bulk, we reserve the right to deliver up to 5% above or below the quantity order and the quantity delivered shall be deemed to be the quantity ordered. Where the Products are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Order as a whole as repudiated.
Non-delivery/Shortages. No responsibility will be accepted in respect of non-delivery of goods unless you notify both us and the carriers in writing within 7 days of despatch. If consignments are delivered damaged or in the case of partial deliveries they must be signed for accordingly and written notification sent both to us and the carriers within 3 days of delivery. Except as aforesaid we shall accept no liability for non-receipt, partial delivery or damaged goods.
Responsibility. You are responsible for ensuring that the Products ordered are in every way correct for the purpose for which they are intended, notwithstanding that such purpose which may be known to us. We are responsible only for producing Products to the specification agreed with you. We shall not be liable for direct or indirect loss or claims occasioned directly or indirectly by delay in completing or delivering the Products, delay in transit or for claims arising from normal trade variations in quality. Where product is defective for any reason, including negligence, our liability will be restricted to rectifying such defect or replacing the Product or crediting the price of any defective Product charged and in no circumstances whatsoever will we be liable for any claim in excess of the invoice price of the Products on which any claim is made. We shall be under no liability whatsoever for defective Product unless we receive a written claim within 7 days of the goods being delivered.
Insolvency. If you make any voluntary arrangement with your creditors or become subject to an administration order or (being and individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or an encumbrancer takes possession , or a receiver is appointed, of any of your property or assets or you cease, or threaten to cease to carry on business or we reasonably apprehend that any of the events hereby mentioned are about to occur them without prejudice to any other right or remedy available to us we shall be entitled to cancel any Order or suspend any further deliveries under any Order without any liability to you, and if the Products have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Risk and title. Risk of damage to or loss of the Products shall pass to you on delivery at our premises, when we notify you that the Products are available for collection or on delivery otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Products, the time when we have tendered delivery of the Products. Notwithstanding delivery and the passing of risk in the Products, title in the Products shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Products and all other Products agreed to be sold by us to you for which payment is then due. Until such time as title in the Products passes to you (and provided the Products are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the Products to us and, if you fail to do so forthwith, to enter upon any premises of your or any third party where the Products are stored and repossess the Products.
Intellectual Property. All patent, registered design, copyright and other intellectual property right in connection with the goods which we may have shall remain our property. All patent, registered design, copyright and other intellectual property rights in samples, mock ups or production work created by or for us pursuant to or in implementation of any contract or in anticipation of any contract shall remain our exclusive property.
Development Work/Proofs/Samples. We reserve the right to refer to the sale of Products to you and show images of Products supplied to you in brochures, websites and all marketing material electronic or otherwise in the promotion of our business unless the contrary has previously been agreed in writing.
Your Property. Any property supplied to us by you shall, whilst in our possession, is deemed to be at your own risk unless previously agreed in writing. We shall be entitled to make a reasonable charge for the storage of any property left with us before the receipt of an order or after notification to you that the Order is complete.
Export Terms. Where the Products are supplied for export from the United Kingdom such Products are supplied ex works as defined by Incoterms 2010 unless agreed otherwise. You shall be responsible for complying with any legislation or regulations governing the importation of the Products into the country of destination and for the payment of any duties thereon. You shall be responsible for arranging for testing and inspection of the Products at our premises before shipment. We shall have no liability for any claim in respect of any defect in the Products that would be apparent on inspection and which is discovered after shipment, or in respect of any damage during transit.
Force Majeure. We shall be under no liability if we are unable to carry out any provision of the contract for any reason beyond our control including but not limited to Acts of God, legislation, war, fire, flood, drought, failure of power supply, lock out, strike or other action taken by persons in contemplation of a dispute, or owing to any inability to procure materials, necessary labour or subcontracted supplies required for performance of the contract. During the continuance of such a contingency you may, by written notice, elect to terminate the contract and agree to pay for work done, materials used and loss of contribution to overhead, but subject thereto you shall otherwise agree to accept delivery when available.
Linked Sites There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.
Our Website The material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service. You must not use the Website to gain unauthorised access to any other computer system or website.
Our Website is intended for your use only (which must be reasonable and not offensive, abusive or in breach of any law or order). You are not permitted to access, use or copy any material or information on this Website for any commercial or unlawful purpose.
Brand names and company names shown on images on this website may be the trademarks or registered trademarks of their respective owners.
Use of the Website. You are entitled to view any parts of the Website which are not password protected and to use for your own purposes the information set out in the Website provided it is used for information purposes or for reproduction for your personal use only.
You may not use any of the information for reproduction on any other website or for commercial gain.
If you wish to create a link to the Website you must notify CEG LTD and obtain our approval for the link before it is created.
You must not copy, store, nor transmit in any form or by any means to any third party any part of the Website without our written permission.
Jurisdiction. All Orders shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts.