1. Agreement. These conditions govern all contracts of the sale of goods and services between Giraffe Print (hereinafter referred to as ‘the Company’ and any Customer (hereinafter referred to as ‘the Customer’) of the goods and/or services. These terms can only be varied with the written consent of the Company.
2. Orders. All orders for the supply of goods placed by the Purchaser with Company are irrevocable unless otherwise expressly stated in writing. A confirmed order may only be cancelled or varied with the Company’s written consent. Such consent shall not in any way prejudice the Company’s right to recover from the Customer full compensation (including profit) for any loss or expense arising from such cancellation or variation of the original order.
3. Prices. The Company reserves the right to vary the price of the goods and other services from time to time.
4. Delivery, Installation. The company guarantees to deliver the ordered garments within 14 working days. Where delivery is to be made by an independent carrier, delivery to or pickup by the carrier will be deemed as being delivery to the Customer. The Company will deliver as near as possible to the Customers premises as access allows. Claims for shortages or non-delivery must be supported by the carrier’s consignment or delivery note on which the goods have been signed and checked at the time of delivery. All claims for shortages or non-delivery must be made by telephone within 3 working days and in writing within 5 working days. Any loss or damage by the Customer after delivery is the sole responsibility of the Customer.
5. Specification. a. Absolute consistency of sizes (which are approximate “to fit” sizes), materials, proportions, colours and shades are not guaranteed by the company and are given as guidance only. Decoration positioning may vary between garments slightly. On those occasions where repeat orders find that the garment colour is slightly different to the previous order, the company cannot be held responsible for those changes b. All textile goods must be washed and cleaned strictly in accordance with the care instructions provided on the invoice. The company reserves the right to alter or amend specifications without prior notice. If you require us to match your colours to the Pantone matching system then you must give us the codes otherwise we will take them from the profiles in your document which can sometimes be inaccurate. The company is not liable for colour mismatches if the customer has been unable to supply Pantone numbers. The company reserves the right to supply a product of similar specification in the case where a specific product ordered by the customer is not available.
6. Claims against the Company. All claims in respect of goods alleged to be defective must be made in writing within 14 days from the date of delivery.
7. Set-off and Lien. No payments maybe withheld nor may any counterclaims by the Customer be set-off against any payment due under this or any other contract. The Company shall have a general and particular lien on all money and property which the Customer owns or is entitled to possess which is in the possession of the Company or its agents which it may sell as the Customers agent to reduce the Customers debt to the company.
8. Force Majeure. The company shall not be under any liability of any kind for non-performance in whole or in part of its obligations under the contract due to causes beyond the reasonable control of the company or of the companies suppliers or due to labour disputes.
9. Ownership of Goods. Property of any goods supplied to the Customer will not pass to the Customer until the goods are paid for in full by the Customer. Further, title to such goods shall not pass until payment to the Company of all amounts owing to it by the Customer on any account whatsoever. The Company has the right to recover from the Customer the cost of installation, removal, return transport and diminution in value of any such goods not paid for in full. If prior to making payment to the Company, the Customer contracts to sell the goods to a third party in substantially the same form in which they were delivered to the Customer, then the title to such goods and payment liability shall pass from the Company to such third party upon full payment to the Company.
10. Cancellations and returns. The company reserves the right to refuse cancellations of confirmed orders placed by the Customer, and refuse acceptance of goods returned to the Company without permission. The Company does not trade on a ‘sale or return’ basis. Any goods which have been reported ‘faulty’ within the specified timeframe must be returned no later than 14 days after delivery of those goods. Returned goods will not be accepted, unless found to be faulty, if they have been washed or worn.
11. Intellectual Property Rights. You will indemnify us from and against all costs, claims, liabilities and damages which we may suffer or incur as a result of you using, reproducing or exploiting any industrial or intellectual material or property rights without the consent of the proprietor.
12. Rectification of these Terms. If any of these terms, or any part of these terms, is unenforceable or void law, it shall not affect the remainder of such terms or any other such term or otherwise affect the contract and shall be replaced by such valid term as is near as may be in effect to the original term.
13. Jurisdiction. All contracts between the Company and the Customers shall be governed by the laws of England and any disputes arising there from shall be the subject to the jurisdiction of the English courts.