Terms and Conditions of Sale
The following terms and conditions (“the Conditions”) are the terms on which Datamark UK Ltd limited sells the range of Self Adhesive Labels, Thermal Transfer Ribbons and Printers it manufacturers or supplies and supersedes all other terms and conditions relating to the subject matter of these Conditions:
1 PRICE AND PAYMENT 1.1 The price (exclusive of VAT, if applicable, or any analogous sales tax, carriage, freight, postage or insurance costs) for the Goods (“the Price”) shall be the price as quoted by Datamark UK Ltd or any one of its Representatives detailing prices of the Goods as amended by Datamark UK Ltd from time to time, or such other price as the parties may agree in writing. 1.2 Payment of the Price shall be made by the Customer within 30 days of the date of the invoice for the Goods. Any exception to this must be agreed in advance by a director of Datamark UK Ltd and confirmed in writing at the point of order.
2 GOODS 2.1 All Goods shall be required to conform to the specification in the order for Goods by the Customer as accepted by Datamark UK Ltd’s acknowledgement (“the Purchase Order”) or as otherwise expressly agreed in writing. 2.2 Any order for Goods sent by the Customer to the Datamark UK Ltd shall only be accepted by means of the Datamark UK Ltd’s standard acknowledgement which can be sent by email or post and shall be deemed to be accepted subject to the Conditions contained herein. 2.3 The quantity of goods delivered & invoiced can be subject of up to 10% + / – variation without notification. 2.4 Each order for Goods accepted by the Datamark UK Ltd shall be deemed to be an individual legally binding contract between the parties.
3 DELIVERY 3.1 Datamark UK Ltd shall deliver the Goods to the Customer at the address of the Customer in the Purchase Order. 3.2 Standard Delivery will be 7 to 10 working days from receipt of confirmation order and customer signed artwork approval, were applicable. 3.3 The Customer shall be deemed to have accepted the Goods upon their delivery. 3.4 All risk in the Goods shall pass to the Customer upon delivery.
4 TITLE TO GOODS 4.1 Datamark UK Ltd warrants that it has good title to the Goods and that it will transfer title in the Goods to the Customer pursuant to Clause 4.2. 4.2 Notwithstanding delivery, title in the Goods shall not pass to the Customer until Datamark UK Ltd has been paid in full for the Goods. Nothing in this Clause shall prevent Datamark UK Ltd from raising an action against the Customer for payment of the Goods.
6 MANUFACTURE 6.1 PRELIMINARY WORK – All work carried out, whether experimentally or otherwise, at customers request shall be charged extra. 6.2 ARTWORK – A charge may be made to cover any additional work involved where artwork supplied is not clear, legible or fit for purpose. 6.3 PROOFS – Design proofs for all printed work will be submitted for customer’s approval and we shall incur no liability for any errors not corrected by the customer in proofs so submitted. 6.4 Customer’s alterations and additional proofs necessitated thereby shall be charged extra. Any products already manufactured, based on the original proof approval, will be delivered and charged at full price. 6.5 When style, type or layout is left to our judgement, changes thereafter made by the customer shall be charged extra. 6.6 Electronic proofs are sent for illustration only.
7 COLOURS 7.1 If the customer has specified a specific Pantone reference number or given Datamark UK Ltd a printed sample with an area of solid colour larger than 10mm x 10mm we will match the colour. 7.2 Print appearance will vary if the substrate printed is different to the sample provided.
8 DAMAGE IN TRANSIT 8.1 Upon serving notice within 24 hours of delivery to Datamark UK Ltd, the Customer shall be entitled to replacement Goods if Datamark UK Ltd is reasonably satisfied that the Goods have been damaged during transportation.
9 GUARANTEE 9.1 Where the goods have been manufactured by Datamark UK Ltd and are found to be defective, Datamark UK Ltd shall repair or in its sole discretion, replace defective Goods free of charge upon the following conditions: 9.2.1 The Customer giving notice of the defect within 5 days of the defect coming to the Customer’s attention; such notice being served within 30 days of delivery; 9.2.2 The defect not having arisen from the Customer’s failure to comply with Datamark UK Ltd’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice. 9.3 Any Goods to be repaired or replaced under Clause 6.1 shall be delivered to Datamark UK Ltd at the Customer’s expense. 9.4 Where the Goods have been manufactured and supplied to the Customer by a third party Datamark UK Ltd shall where possible pass on to the Customer the benefit of any warranty in respect of the Goods granted to Datamark UK Ltd by such third party.
10 LIMITATION OF LIABILITY 10.1 Subject to Datamark UK Ltd’s liability under Clause 4 and subject to Clause 8 Datamark UK Ltd shall not be liable to the Customer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Customer or for any loss or damage to or caused by the Goods. 10.2 Subject to this Clause 7 and Clause 8 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, Datamark UK Ltd grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law. 10.3 Subject to Clause 8 the liability of Datamark UK Ltd under this Agreement howsoever arising shall not exceed the Price.
11 GENERAL 11.1 Nothing in these Conditions shall be construed so as to exclude or limit the liability of Datamark UK Ltd for breach of the warranties contained in Clause 4 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between Datamark UK Ltd and the Customer for the sale and purchase of the Goods incorporating these Conditions.
12 GOVERNING LAW AND JURISDICTION 12.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.