Lollipop Conditions of Sale
a) All references to the “Company” refer to Lollipop Print, its parent company, subsidiaries and successors in title.
b) All references to the “Buyer” refer to the individual; firm; partnership or company ordering Goods or Services from the Company.
c) All references to “Goods” or “Services” refer to those goods or Services that are the subject matter of the relevant purchase order or contract of sale.
d) No contract for Goods or Services will exist between the Company and the Buyer until the Company has accepted the Buyer’s order.
e) Orders are accepted only upon these Conditions of Sale, and no addition or variation or contradiction thereof (whether contained in the Buyer’s order or otherwise) shall apply
2. Quotations and Proofs
a) A quotation or estimate does not constitute an offer by the Company and may be altered or withdrawn without notice. The right is reserved to increase prices to cover increases in materials, delivery charges or other outgoings as at the date of despatch in the case of Goods or Completion in the case of Services.
b) All Quotations include the preparation of one PDF proof where relevant. We reserve the right to charge for providing additional PDF proofs following authors corrections.
c) Printed and/or fully finished proof copies are only available on special request, are subject to individual quotation and payment on delivery or collection.
d) All quotations are valid for thirty days from date of issue, unless stated otherwise.
3. Price and Payment
a) The prices invoiced for Goods will be those ruling at the date of despatch and for Services will be those ruling at the date of completion of the Service.
b) The Company reserves the right to fix minimum order values and/or to charge a minimum invoice value.
c) Subject to f) below, payment is due no later than 30 days from the date of invoice.
d) The Company reserves the right to charge interest at the rate of 4% over the current base lending rate of its bankers on the total value of all outstanding invoices, from the date when the invoices first became due for payment until full payment is received.
e) The Company reserves the right to charge for deliveries if the order value is below the minimum order value set and published by the Company from time to time.
f) If any invoice is not paid within 30 days of the date of the invoice then all outstanding invoices, whether or not outstanding for 30 days, shall become immediately due and payable.
4. Reservation of Title
a) The Goods shall remain the property of the Company until the Buyer has paid for them in full. Until that time, the Buyer shall hold them as bailee, store them in such a way that they can be identified as the property of the Company, and keep them separate from their own property and the property of any other person.
b) Although the Goods remain the property of the Company until paid for, they shall be at the risk of the Buyer from the time of delivery and the Buyer shall insure them against loss or damage accordingly.
c) The Buyer’s right to possession of the Goods shall cease if:
i) the Buyer has not paid for the Goods in full by the expiry of any credit period allowed by this contract.
ii) the Buyer is declared bankrupt or makes any proposal to their creditors for a composition or other voluntary arrangement.
iii) a receiver, liquidator or administrator is appointed in respect of the Buyer’s business.
On cessation of the Buyer’s right to possession of the Goods in accordance with this clause, the Buyer shall at their own expense make the Goods available to the Company and allow the Company to repossess them.
d) The Buyer hereby grants the Company, the Company’s agents and employees, an irrevocable licence to enter any premises where the Goods are stored in order to repossess them or inspect them at any time.
5. Loss or Damage in Transit
The Buyer will be expected to examine the Goods immediately on delivery. Any claims for short delivery or damage must be made by the Buyer in writing within 7 days of the delivery date.
a) If the Buyer cancels a contract or order, they shall reimburse the Company for all costs and expenses incurred up to the date of cancellation.
b) The Company shall not be obliged to accept return of goods incorrectly ordered by the Buyer, but reserves the right to charge a handling fee in any case where it does agree to accept such returns.
7. Force Majeure
The Company shall not be liable for any failure to perform any of its obligations to the Buyer if such failure is due directly or indirectly to any cause or circumstance beyond the reasonable control of the Company.
a) The liability of the Company in respect of any claim for loss or damage (not relating to death or personal injury) resulting from any negligence, error, omission or breach of Contract shall be limited to the refund of an amount not exceeding the total consideration payable by the Buyer to the Company for the Goods or Services in respect of which the claim arises.
b) In any event, and notwithstanding anything contained in this contract, in no circumstances shall the Company be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof including anything caused by Goods or Services being affected by the year 2000 data change for (i) any increased costs or expenses, (ii) any loss of profit, business contracts, revenues, or anticipated savings, or (iii) any special, indirect or consequential damage of any nature whatsoever.
9. Legal Provisions
These Conditions of Sale shall be construed in accordance with English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
10. Data Protection Act 1998
a) The Company may transfer information about the Buyer to our financiers who:
i) may use, analyse and assess information about the Buyer, including the nature of the buyer’s transactions and exchange such information with other members of their group of companies and others for credit or financial assessment, market research, statistical analysis, insurance claim, underwriting and training purposes and in making payments and servicing their agreement with the Company;
ii) from time to time, may make searches of the Buyer’s record at credit reference agencies where the Buyer’s record with such agencies may include searches made and information given by other businesses; details of their searches will be kept by such agencies but will not be seen by other organisations that may make searches;
iii) may give information about the Buyer and its indebtedness to the following: a) the company’s or their insurers for underwriting and claims purposes; b) any guarantor or indemnifier of the Buyer’s or the Company’s obligations to enable them to assess such obligations; c) their bankers or any advisers acting on their behalf; d) any business to whom the Buyer’s indebtedness or the Company’s arrangements with its financiers may be transferred – to facilitate such transfer;
iv) may monitor and/or record any phone calls the Buyer may have with them, for training and/or security purposes;
v) in the event that they transfer all or any of their rights and obligations under their agreement with the Company to a third party, may transfer information about the Buyer to enable the third party to enforce their rights or comply with the obligations.
b) The Company will provide the Buyer with details of its financiers on request, including a contact telephone number if the Buyer wants to have details of the credit reference agencies and other third parties referred to above from whom they obtain and to whom they may give information about the Buyer. The Buyer also has a right to receive a copy of certain information they hold about them if they apply to them in writing. However a fee will be payable.
By accepting of the Company’s standard conditions of sale, the Buyer agrees to allow the Company to send email promotional literature and articles that the Company considers of interest to employees of the Buyer. The Buyers’ employees can unsubscribe at any time.
12. Third Parties
A third party shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term, express or implied, of these Conditions of Sale.