Terms and Conditions

All sales are subject to the Conditions of Sale which are detailed below.

Primo IT T/A USBOwnLogo is referred to as “the Company”.

The Conditions of Sale will form the contract between the Buyer and the Company
1.1 Quotations shall be valid for 7 days and may be withdrawn by the Company within such a period at any time by email or telephone notice. All quotations and orders are accepted subject to these conditions.

2.1 All prices are based on current costs at date of quotation and are subject to increase to the extent of any subsequent alterations in exchange rates or chip pricing and are exclusive of VAT which will be charged ( where applicable ) at the current rate at time of delivery.

3.1 All orders are to be paid by PROFORMA invoice and such invoices are to be paid by the buyer upon demand. Accepted forms of payment are by BACS, Bank Transfer, Debit or Credit Card. Tax invoices shall be forwarded upon delivery.

3.2 In certain circumstances the Company may agree to 30 days credit terms from date of invoice to accredited accounts only, subject to status.

3.3 No disputes arising under the Contract, nor delays beyond the control of the Company shall interfere with the prompt payment by the customer.

3.4 If payment is overdue the Company shall be entitled to charge interest on any amount outstanding at the rate of 5% per month above the Lloyds TSB base rate at the time.

4.1 Once authorized artwork has been received and accepted by the Company, any alteration or change thereafter can be charged for. Once the artwork proof is authorized by the Buyer, production will commence without delay. A pre-production photograph of the product will be emailed to the Buyer before full production is commenced, for sign off. Once full production has commenced, no changes or alterations will be accepted. A sample may be requested, subject to production times, availability and delivery requirements and is charged extra.

5.1 The time and place of delivery shall be specified in the Confirmation of Order. All delivery dates or periods are approximate only and while every effort will be made to meet them, the Company will not accept responsibility or liability if any delivery dates are not met. Deliveries may, in any event, be postponed or suspended, without liability during any period in which circumstances of any kind outside our control hinder or prevent the manufacture or dispatch of the goods or delivery of the goods to the address specified on the Confirmation of Order.

6.1 If the Buyer cancels the order at any time, or defaults in payment, the full value of the order shall fall due and be payable on demand. Any additional costs and losses incurred in the cancellation of the order or default in payment shall be borne by the Buyer.

7.1 Claims for non-delivery of all or part of the consignment must be notified in writing within 3 days after the notified or actual delivery date. All claims and liabilities are excluded after that time.

8.1 Claims arising from damage to goods and or packaging in transit must be notified upon receipt to both the Carrier and the Company, with a note to the effect being made on the Carrier’s delivery docket. All claims and liabilities are excluded after that time. Goods and packing materials are to be retained for inspection purposes. Where the Buyer specifies a Third Party Carrier, all risk and liability, including loss or damage in transit, passes to and lies with the Buyer from point of dispatch. All costs pertaining to use of Third Party Carriers shall be borne by the Buyer unless otherwise agreed to in writing.

8.2 In the absence of a claim within the terms previously mentioned above, the goods shall be presumed to have been delivered and accepted in accordance with the contract and the Company shall not be liable for loss or liability in any way whatsoever.

9.1 The Buyer shall have determined the suitability of the goods for its intended use and will not rely upon any representations made by or on behalf of the Company.

9.2 The Buyer shall not be entitled to reject goods for any reason including those where the goods are allegedly defective or do not conform to description and shall not be grounds for the Buyer to withhold any payment due to the Company. The Company can at our option and expense replace any goods where the Company have agreed that the goods are defective or do not conform to description, if written particulars of the alleged defect are received by the Company no later than 3 days after the delivery date. The goods must be held for our inspection.

9.3 Where the Buyer notifies the Company of a defect within the terms described above the Buyer shall at the request of the Company provide samples and any other information requested by the Company to the premises of the Company at the Buyers expense for the purposes of testing and evaluation. A reasonable period of time will be allowed by the Buyer in order to facilitate such testing and evaluation especially where such testing and evaluation is conducted by the suppliers of the Company and the Buyer shall provide any information that the Company or its suppliers shall request. Where the Company conducts testing and evaluation and the goods are found to be not defective, all costs and expenses relating to the testing and evaluation shall be borne by the Buyer.

10.1 Where the Buyer has requested the Company to transfer data onto the goods the Company shall not be liable for the content or quality of such data or the quality or effectiveness of its transfer.

11.1 Where it is specified that the print shall be of a certain colour, size, or position, such specifications shall be subject to reasonable commercial variation. For screen or pad print, reasonable commercial variation includes variation due to product material and product base colour.

12.1 The Company shall not be liable for consequential or indirect loss suffered by the Buyer, whether this loss arises from a breach of duty in contract or in tort or in any other way (including loss from the Company`s negligence).

13.1 Our liability in terms of those conditions in lieu and to the exclusion of all other warranties, conditions or obligations imposed or implied in relation to the quantity or description of the goods or their fitness for any particular purpose.

14.1 The Buyer shall indemnify us against all claims for infringement of Third Parties patent copyright or other industrial or intellectual property rights and all costs and expenses incurred in connection therewith arising from the execution of the Buyers designs, patterns or specifications.

15.1 The risk in the goods shall pass to the Buyer when the goods are delivered to the Buyer or the address nominated by the Buyer or the Buyers agent and the Company have no responsibility in respect of the safety of the goods thereafter. However, the ownership of the goods shall remain with the Company, notwithstanding the above, which reserves the right to dispose of the goods as they think fit in absence of payment in full. If payment is overdue in whole or in part the Company may without prejudice to any other rights recover or resell the goods and may enter upon the Buyers premises by its servants or agents for that purpose.

15.2 If the Buyer shall become bankrupt or insolvent or compound with creditors, or proceedings are commenced for the liquidation of the Buyer or if a receiver is appointed with all or any part of its assets or undertakings, the Company shall be entitled to cancel the contract in whole or in part by notice in writing, without prejudice to its other rights within the Contract.

16.1 This Contract is non-transferable. All obligations of the Buyer under the aforesaid Conditions of Sales and terms contained within this Contract shall remain with the Buyer until such times as the Buyer has discharged their obligations in full to the satisfaction of the Company.

17.1 FORCE MAJEURE. Where, in spite of its reasonable efforts, the Company is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Buyer.