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Terms

  1. Business Customers and Consumers
    • Some of the terms apply to consumers only. Some apply to business customers only. Those terms are marked as such.
    • All other terms apply to all customers.
    • You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the nature of your business.
    • If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer which are not affected by these terms. Contact your local trading standards office for more information. Words in italic type are legal words which clarify rather than alter the meaning of the relevant clause.
  2. Price
    • Our quotations lapse after 30 days (unless otherwise stated)
    • The price of goods as quoted excludes delivery and installation (unless otherwise stated)
    • Business Customers – unless otherwise stated the price quoted to business customers is an illustrative estimate only and the price charged will be our price current at the time of delivery.
    • Business Customers – rates of tax and duties on the goods and services will be those applying at the time of delivery
    • Business Customers – at any time before delivery we may adjust the price to reflect any increase in our costs supplying the goods or services
  3. Delivery
    • All delivery times quoted are estimates The vehicle will be kept until the work is complete.
    • The vehicle must be collected on the agreed date, any vehicle not claimed within 5 days of notification will be subject to a storage fee of £25 per day.
    • If we fail to deliver or carry out the work within a reasonable time, you may (by informing us in writing) cancel the contract, however
      • You may not cancel if we receive your notice after the goods have been dispatched or after the work has begun
      • If you cancel the contract, you can have no further claim against us under that contract
    • If you accept delivery of the goods or the completion of the work after the estimated time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods)
    • We may deliver the goods or carry out work in instalments. Each instalment is treated as a separate contract.
  4. Safety
    • If we are to carry out work at your premises, you must ensure the workplace is safe for our workforce and there is suitable access and lighting in the area to be worked upon.
    • We may decline to deliver the goods or carry out the work if
      • We believe that it would be unsafe, unlawful or unreasonably difficult to do so.
      • The premises (or the access to them) are unsuitable for our vehicle or equipment.
    • Business Customers – Where we carry out work at your premises you must comply with any applicable laws and regulations.
  5. Delivery and Risk
    • The vehicle will be kept in safe and secure location while the works are taking place, it is understood from both parties the vehicle will be kept in this location until the wrap is complete.
    • The goods are at your risk from the time of delivery
    • We are not liable for items lost, left behind or stolen in my vehicle while in our possession
    • Delivery takes place either:
      • at our premises (if you are collecting them or arranging carriage) or
      • at your premises (if we are arranging carriage)
    • You must inspect the goods on delivery. If goods are damaged (or not delivered), you must write to tell us within seven days of delivery (or the expected delivery time). You must give us (and any carrier) a fair chance to inspect the damaged goods.
    • A guarantee of 12 months is given at management discretion. You will be given an agreement should you be entitled to.
    • Wrap work is not a paint job therefore there may be overlapping seams, relief cuts or other evidence it is vinyl. We will go every length to ensure seams are placed in the most inconspicuous places.
      • In the event you are granted a guarantee, bubbling and lifting is covered under the guarantee as standard. Please see the agreement issued for full details of your guarantee.
  1. Payment Terms
    • You are to pay by cash, credit or debit card on delivery in full ensuring, the full invoice is covered before taking away your vehicle or item.
    • All deposits are non-refundable to cover any loss of profit, materials expenses, and other associated booking costs in the event of a cancellation.
    • There will be further charges of up to £50 per hour should there be any body prep, removal of existing graphics/coating or heavy cleaning that needs to be undertaken prior to the vinyl being installed.
    • If you fail to pay us in full on due date, until the full invoice is paid the vehicle will kept with us until full payment is paid unless prior agreed with the manager
      • We may suspend or cancel future deliveries
      • We may cancel any discount offered to you
      • You must pay interest at the rate set under s. 6 of the Late Payment of Commercial Debts (interest) Act 1998
  1. Calculated (on a daily basis) from the date of our invoice payment b) compounded on the first day of each month; and    c) before and after any judgement (unless a court order otherwise)
    • We may claim fixed sum compensation from you under s. 5a of that Act to cover out credit control overhead costs; and
    • We may recover (under clause 6.10) the cost of any legal action to make you pay
  • We may take any of those actions in s. 4 any time without notice
  • Business Customers – you do not have the right to set off any money you may claim from us against anything you may owe us
  • Consumers – you may only set off money you claim from us against money you owe us with our written agreement and on such terms as we may state
  • While you owe money to us, we have the right to keep property we may hold of yours until you have paid us in full
  • You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including any legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
  • Consumers – clause 6.9 means that you are liable to us for losses we incur because you do not comply with these terms. We may claim those losses from you at any time and if we have to take legal action, we will ask the course to make you pay our legal costs
  • All sales are final. You will not attempt to issue chargebacks, check-stops or other methods of refund.
  1. Title
    • Consumers – your statutory rights are unaffected
    • Business Customers – until you pay all debts you may owe us
      • All goods supplied by us remain our property
      • You must store them, so they are clearly identifiable as our property
      • You must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us
      • You may use those goods and sell them in the ordinary course of your business but if not;
  1. We revoke that right (by informing you in writing) b) you become insolvent
    • Business Customers – you must inform us (in writing) immediately if you become insolvent
    • Business Customers – if your right to use and sell the goods ends you must allow us to remove the goods
    • Business Customers – we have your permission to enter any premises where the goods may be stored
      • at any time, to inspect them; and
      • after the right to use the sell, them has ended, to remove them, using reasonable force if necessary
    • Despite our retention of the goofs, we have the right to take legal proceedings to recover the price of the goods supplied should you not pay us by the due date
    • You are not our agent. You have no authority to make any contract on our behalf in our name
  2. Specification
    • If we carry out work or prepare the goods in accordance with your specification or instructions, you must ensure
      • That the specifications or instructions are accurate
      • That goods prepared in accordance with those specifications or instructions will be fit for purpose for which you intend to use them; and
    • We reserve the right to make any changes in the specifications of our goods which are necessary to ensure they conform with any applicable safety or other statutory requirements
    • Business Customers – we also reserve the right to make without notice any minor modifications in our specifications designs or materials as we think necessary or desirable.
    • All sketches and designs provide by us are private and confidential. You must return originals and any copies to us on demand.
  3. Return of Goods
    • We all accept the return of goods from you only
      • by prior arrangement (confirmed in writing)
      • on payment of any agreed handling charge (unless the goods were defective when delivered) and
      • where the goods are as fit for sale on their return as they were on delivery
  1. Export Terms
    • Where the goods are supplied by us to you by the way export from the United Kingdom Clause 10 of these terms applies (expect to the extent that it is inconsistent with any written agreement between us)
    • The ‘Incoterms’ of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency.
    • Unless otherwise agreed, the goods are supplied ex works our place of manufacturer
    • Where the goods are to be sent by us to you by a route including sea transport, we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979
    • You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed) We are not liable for any defect in the goods which would be apparent on inspection unless claim is made before shipment. We are not liable for any damage during transit.
    • We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s. 26 (3)(b) Unfair Contract Terms Act 1977)
  2. Cancellation
    • You may move the date of booking provided you give a minimum 2 week’s notice in which case the deposit can be transferred to the new booking date. Moving or cancelling a booking with less than 2 week’s notice may mean you could lose you deposit entirely. This will be at managers discretion.
    • If the order is cancelled (for any reason) you must pay us for all stock (finished or unfinished) we may hold (or to which we are committed) for the other, and for all work we have done (or to which we are committed).
    • We may suspend or cancel the order, by written notice if;
      • You fail to pay us any money when due (Under the order or otherwise)
      • You become insolvent
      • You fail to honour your obligations under these terms
    • You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 12.1 then apply)
  3. Waiver and Variations
    • Any waiver or variation of these terms is binding in honour only unless;
      • Made (or recorded) in writing
      • Signed on behalf of each party; and
      • Expressly stating an intention to vary these terms
    • All the orders that you place with us will be on these terms (or any that we may issue and replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
  4. Force Majeure – business customers only
    • if we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond control, we may cancel or suspend any of our obligations to you, without liability.
    • Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport, delays, strikes, and other industrial disputes and difficulty in obtaining supplies.
  5. General
    • English law is applicable to any contact made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
    • If you are more than one person, each of you is liable for all of your obligations under these terms (joint and several liability)
    • If any of these terms are unenforceable as drafted;
      • It will not affect the enforceability of any other of these terms; and
      • If it would be enforceable if amended, it will be treated as so amended
    • We may treat you as insolvent if;
      • You are unable to pay your debts as they fall due; or
      • You (or any items of your property) become the subject of
  1. Any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including moratorium) or bankruptcy.) b) any application or proposal for any formal insolvency procedure or    c) any application, procedure or proposal overseas with similar effect or purpose.
    • Business Customers – all brochures, catalogues, and any other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us, and you should not rely on them in entering any contract with us.
    • Business Customers – any notice by either of us which is to be served under terms may be served by leaving it at or by delivering it to (by first class post or by fax) the others registered office or principal place of business. All such notices must be signed.
    • No contract will create any right enforceable (by virtue of the Contracts (Right of Third Parties) Act 1999) by any person not identified as the buyer or seller.
    • The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:
      • contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
      • which expressly states that you may rely on them when entering into the contract
    • Nothing in these terms affects or limits our liability for fraudulent misrepresentation