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- Goods means the articles or things prescribed in the contract
between E4PavementSigns and the purchaser.
- These conditions shall be deemed to be incorporated in all contracts
of E4PavementSigns to sell goods, and in the case of any inconsistency
with any other order or form of contract sent by the purchaser to
E4PavementSigns whatever may be their respective dates, the provision
of these conditions shall prevail unless expressly carried in writing
and signed by a director or proprietor on behalf of E4PavementSigns.
- Notwithstanding that E4PavementSigns may have given a detailed
quotation no order shall be binding on E4PavementSigns unless and
until it has been viewed and accepted by E4PavementSigns.
- Any times or dates given for completion or delivery of goods
shall be binding on E4PavementSigns, insofar as E4PavementSigns
undertake to carry out additional work for the purchaser to the
value of the print element of any goods not supplied on time. Such
liability shall not extend to delays beyond the control of E4PavementSigns
including, without prejudice to the generality of the foregoing
defects in files, or omissions of information, delays in approval
of proofs and non performance of carriers.
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- By their nature goods do not have redeemable value, therefore
no refunds or credits for goods correctly supplied will be entertained.
- All artwork(s), design(s), preparation work and/or all items
associated in the production of any items produced by E4PavementSigns
shall remain the property of E4PavementSigns and may not be
reproduced without prior written permission.
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- All goods shall be paid for at the time of order.
- Any deposit(s) requested/paid in advance for any artwork(s),
design(s), preparation work and/or all items associated in the
production of any items produced by E4PavementSigns are non-refundable.
- No goods shall be despatched or collection allowed until
paid for in full.
- All prices are exclusive of V.A.T. (Value Added Tax) and
this will be charged at the appropriate rate if necessary.
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- Any shortcomings or defects in goods supplied must be notified
to E4PavementSigns within 3 days of delivery. Such goods must
be returned to E4PavementSigns for inspection.
- Nothing herein shall impose any liability upon E4PavementSigns
in respect of any defect in the goods arising out of the acts,
omissions, negligence or default of the purchaser, its servants
or agents including without prejudice to the generality of the
foregoing handling and storage of the goods.
- Nothing herein shall have the effect of excluding or restricting
the liability of E4PavementSigns.
- For death or personal injury resulting from its negligence
insofar as the same is prohibited by U.K. statue, or;
- Under sections 12, 13, 14 and 15 of the Sale of Goods
Act 1979 to a purchaser who is dealing with a customer (as
defined by section 12 of the Unfair Contract Terms Act 1977).
- E4PavementSigns shall not be liable for any costs, claims or
damage arising out of any act of tort or omission or breach of contract
or statutory duty calculated by reference to profits, income production
or accruals or loss of such profits, income production or accruals
or by reference to accrual of such, claim, damages or expenses on
a time basis.
- The liability of E4PavementSigns to the purchaser for any loss
or damage of whatsoever nature and howsoever caused shall be limited
to and in no circumstances exceed the price of the goods.
- If the purchaser shall be in breach of any of their obligations
under the contract E4PavementSigns may (without prejudice to E4PavementSigns's
rights subsequently to determine the contract for the same cause
should it so decide) suspend further deliveries of goods without
notice until any defaults by the purchaser are remedied.
- No statement, description, information, warranty or recommendation
contained in any catalogue, price list, advertisement or communication
or made verbally by any of the agents or employees of E4PavementSigns
shall be construed to enlarge, vary or override in any way these
conditions.
- Any concessions made or latitude allowed by E4PavementSigns to
the purchaser shall not affect the strict rights of E4PavementSigns
under the contract. If in any particular case any of these conditions
shall be held to be invalid or shall not apply to the contract the
other conditions shall continue in full force and effect.
- The contract shall in all respects be governed by English law
and shall be deemed to have been made in England and the purchaser
and E4PavementSigns address to submit to nonexclusive jurisdiction
of the English courts.
