UNIVERSAL MUGS – TERMS AND CONDITIONS
1. These terms and conditions apply to all orders and supersedes all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
2. PAYMENT TERMS
2.1 All goods will be supplied against a paid in full Proforma invoice unless a 30 day credit account has been agreed and approved. Accounts will only be opened only after several completed orders, a credit check, and acceptance of bankers reference and two (2) trade references. For accounts payment is to be made within 30 days from the date of the invoice. We understand and may exercise our statutory right of Interest under the Late Payment of Commercial Debts Act 1998 if we are not paid according to our credit terms.
3. PASSING OF TITLE AND RISK
3.1 The Risk in the goods shall pass to you on delivery.
3.2 All goods, delivered or not, remain our property until payment is received in full.
4.1 We reserve the right to alter any details or design of products illustrated without notice and while every effort is made to describe goods accurately in our catalogue or on our website(s), no warranty is given as to accuracy and no responsibility will be accepted for error or miss-description and any resulting loss.
5. QUOTATIONS AND CONTRACT
5.1 Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you.
6.1 Where applicable all prices quoted are subject to VAT at the current rate.
7.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. We endeavour to despatch as per agreed dates to ensure deadlines are met but we can not be held responsible for any error or delays during delivery by couriers. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
7.2 Express Deliveries can be made but will usually be subject to additional charges (e.g. quick print charges and express delivery charges), which will be charged to you at current commercial rates.
8. QUANTITY VARIATION
8.1 We aim to despatch the full ordered quantity, to do this we often print extras to allow for tollerances in production errors. Sometimes though there are extra unforseen errors in production and very occassionally we may supply less than the full quantity. We shall be deemed to have fulfilled our contract by delivery of a quantity within 10% of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
9.1 Claims arising from damages, delay or partial loss in transit must be made in writing to us (email is acceptable), with evidence of damage by way of images and descriptions, this is for redress from courier companies.
9.2 All Claims with regard to the quality or quantity of the goods shall be made in writing to us (email is acceptable), to reach us within 2 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of the contract.
9.3 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted as such on the delivery note at the time of delivery.
9.4 Claims in respect of non-delivery must be made within 2 days from the date of our ‘confirmation of despatch’ email.
10.1 Total liability of Universal Mugs for any claims howsoever shall not exceed the price of goods supplied by Universal Mugs to the customer. Universal Mugs shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way. Universal Mugs do our utmost to check the accuracy of the information provided on our website, however we cannot guarantee that this information will be error free and the user acknowledges that information, products and services published on this website may include inaccuracies and typographical errors.
10.2 Nothing in these terms and conditions shall affect the right of a consumer.
11. CANCELLATION CHARGES
11.1 Orders can be cancelled up to a certain point dependent on the ordered product, but a charge will be made on all cancelled orders. The amount of this charge will depend on how far the order has proceeded though production. There is typically a small admin charge. Occasionally some artwork charges will become applicable that could have been included free of charge with a completed order, these are chargeable at our our standard design rate of £30.00 per hour plus vat. Screen, Setup, Sample and Delivery charges are chargeable if the order has passed that point in production at the time of written cancellation being received.
12.1 Large orders, multi-colour or colour critical orders can often require an actual sample to be produced for approval prior to full run, this is called a Pre Production Sample (PPS). These will be submitted on approval to proceed to production and charges will become applicable as per order and Cancellation Charges point 11 above.
12.2 Product samples are available (blank or printed) please ask, depending on the product a small sample charge and delivery charge maybe applicable. Samples of the Universal and Americano Range are supplied free of charge for all enquiries progressing to an order, if after 28 days no order is placed an invoice will be raised for the samples at £4 each and £7 delivery plus Vat.
13. OVERDUE ACCOUNTS
13.1 No goods will be delivered on accounts, which remain unpaid 10 days after payment is due. Interest will be charged on overdue accounts, at the rate of 8% above the Bank of England base rate from time to time from the date the account became due until payment is received. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you.
13.2 We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
14. ARTWORK AND PROOFING
14.1 Artwork and visual proofs provided as requested by email or telephone that do not progress to a print run are chargeable at the standard artwork rate of £30.00 per hour plus Vat.
14.2 Artwork that has been approved in writing, either electronically via email or signed and faxed or posted, is deemed the full and final responsibility of the client and we cannot be held responsible for any errors in artwork therein.
15. FORCE MAJEURE
15.1 We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising out of any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
16. GOVERNING LAW AND JURISDICTION
16.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.