Terms and conditions

Terms and condition of sale of Look Smart Embroidery;

The following terms and conditions ( “the Conditions”) are the terms on which LOOK SMART EMBROIDERY or associate company sells products and/or services and supersedes all other terms and conditions relating to the subject matter of these Conditions will be accepted unless agreed in writing.

1.    Price and payment
1.1    The price ( exclusive of VAT ) for the goods (“the Price”) shall be the quoted price of the Seller and payment of the Price shall be made by the Buyer within the payment terms agreed for the Goods without any deduction of any kind.

1.2   The price of the goods or the service provided can be subject to change and all prices are correct at the time of despatch.  The Seller will endeavour to advise the buyer prior to despatch of goods or service.  The Buyer is bound by the price change.

1.3   If the Price is not paid by the due date, agreed interest shall accrue from the date of invoice and, after judgment, at the rate of 4% above the base rate of BANK OF ENGLAND at that time.  This rate is subject to change from time to time. If payment is not received within 30 days from the date of invoice the company will charge £25.00 plus VAT for each correspondence sent in conjunction with the outstanding invoice / debt.  If the company instructs their solicitors to collect the outstanding debt, £50.00 plus VAT will be charged. All legal fees will be passed on to the buyer.

2.   Goods
2.1   The description and quantity of the goods to be sold (“the Goods”) shall be as set out in the quotation or Sales Order provided by the Seller to the Buyer (“the Quotation”) or by the buyer to the seller.  If the BUYER places an order *verbally*, the SELLER will not be responsible for any mistakes.  The order is taken in good faith and any garment that has been embroidered or screen-printed or changed in any way must be accepted by the BUYER.  The BUYER cannot refuse the goods or withhold payment.  By virtue of the goods sold, no warranty is offered as to durability and life of the products sold.

3   Delivery
3.1   The Seller shall deliver the Goods to the Buyer at the address of the Buyer as shown on the Quotation, or sales order by 3rd party carriers.  The delivery date is not guaranteed. Time shall not be of the essence for delivery.  Collections can be at the Customers request, expense and risk, from the premises of LOOK SMART EMBROIDERY, during hours of 08.00 to 17.00 Monday to Friday excluding Public Holidays.

3.2   We accept no liability of any description for late delivery.

4.   Acceptance
The Buyer shall be deemed to have accepted the Goods if they have not been rejected within 24 hours after delivery.  The Buyer shall not be entitled to reject the Goods in whole or in part after such time.  No rejection of goods can take place, under any circumstances or for any reason, where an embroidery or print has been applied to the garments or items supplied to a Buyer at the Buyer’s request – all transactions for Buyer supplied garments are deemed to be at the Buyer’s risk and expense.

5.   Title and risk
5.1   The Goods shall be at the risk of the Buyer following delivery.

5.2   Goods supplied by thee Buyer or any third party on behalf of the Buyer for either embroidery, screen-printing or any other purpose, shall always be at the Buyer’s own risk. Under no circumstance will LOOK SMART EMBROIDERY accept liability, under any condition or circumstance, for any damage to the garments or loss, however incurred, for such Buyer supplied items or garments.

5.3   Notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Seller.

5.4   Until such time as title in the Goods passes to the Buyer, the Seller shall have the right to repossess or otherwise recover the Goods by using any means.

6.   Limitation of liability
6.1   Save in respect of personal injury or death due to the negligence of the Seller, the Seller shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods.

6.2   Without prejudice to Condition 6.1, the Seller shall not be liable to the Buyer or any third party for any loss of profit consequential or other economic loss suffered by the Buyer arising in any way from this Agreement.

6.3   Save in respect of personal injury or death due to the negligence of the Seller, the liability of the Seller under these Conditions shall not exceed the Price charged to the Buyer.

8.   General
8.1   If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be served and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

8.2   The Seller may, without the consent of the Buyer, sub-license its rights or obligations or any part of these Conditions.

8.3   The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions

9.   Entire agreement
Each of the parties agrees that, save in respect of statements made fraudulently, it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.

10.   Governing law and jurisdiction
This Agreement shall be governed by the Laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales

11.   Rights of consumer
Nothing in these Conditions shall affect the statutory rights of a consumer.

LOOK SMART EMBROIDERY – 17/06/09

Look Smart Embroidery Ltd, 11 Empire Road, Leicester, LE3 5HE.  T: 0116 262 3667  E: info@looksmartembroidery.co.uk