Trading Terms and Conditions of Newton Newton Flag & Banner Makers Limited
We don’t believe in ‘small’ print so our terms are listed in readable large font.
You are strongly advised to read our Terms and Conditions of Business prior to placing your order.
If you have any questions relating to such, please email mail@newtonnewtonflags.com
1. Unless otherwise stated in writing by ourselves, orders are only accepted on the following terms and conditions. Where these terms and conditions are contrary to any stipulations of the buyer’s terms and conditions the following are deemed to have been accepted by the prospective buyer and take precedence over all other terms and conditions as governed under English Law.
2. Written quotations, online prices and brochure prices are subject to our written confirmation on receipt of the buyer’s order and no contract shall be concluded until such written confirmation is given prior to commencement of manufacture.
3. All prices are nett, ex-works and subject to VAT (currently 20%).
4. The right is reserved to amend prices without prior notice to cover additional costs of any increases in materials, services, labour, tax or duty which we may incur between confirmation of order and delivery of the order. Wherever possible reasonable notice will be given.
5. Clients with proven credit trading facilities will be invoiced after dispatch of goods on 28 days account settlement from date on invoice. Newton Newton operates a late payment penalty currently £0.75 per day backdated to date of invoice. Any extra costs or expenses incurred in recovering overdue accounts will be added to the account and recovered as part of the debt.
6. Prospective buyers with no credit trading facilities will be required to make payment in full by either cheque, our secure online transaction servers, over the telephone with a debit or credit card or by a BACS direct payment in our bank account which is Barclays Bank. Account name Newton Newton Flags & Banners. Sort Code: 20-52-78. Account No: 63381560. At our discretion credit trading facilities may be granted to such Limited companies after a credit report is obtained from Experian
7. Postal payments should be sent to Newton Newton Flags & Banner Makers Limited, The Bishop Tozer’s Chapel, Middlemarsh Road, Burgh-le-Marsh, Lincolnshire. PE24 5AD. Cheques should be made payable to Newton Newton Flags & Banners Limited.
8. Dimensions quoted are approximate and may vary by 5%+/-. For all bespoke goods, the buyer will accept and pay for any variation. All colours, materials, tolerances and the like seen by the buyer our brochure, website, descriptions or other samples are
deemed to be approximate only unless otherwise agreed we might make reasonable variations in the manufacture of the goods.
9. Printed goods are subject to 10% +/- on quantity, size and colour variation, with overs being charged at full unit cost.
10. We shall not be liable for loss arising to the buyer from delay or failure arising from an act of God, war, civil disturbance, terrorist act, riot, industrial action or dispute, natural calamity, non-availability of materials, controls, restrictions or prohibitions of government or any other competent authority, fire, flood, sabotage, breakdown of plant or machinery or any other causes beyond our reasonable control.
11. All times for delivery are approximate and we reserve the right to dispatch orders in instalments and recover payment for each instalment delivered as if it were a separate order. In the case of goods dispatched by instalments, the buyer will not be entitled to treat the delivery of faulty goods in any one instalment, or the late delivery of any one instalment, as a repudiation of the whole contract. If on delivery there is a variation in quantity by up to 10% of the numbers ordered, it is agreed such a variation shall be so slight as to make it unreasonable for the buyer to reject the delivery.
12. If the buyer fails to collect or give delivery instructions or take delivery within 10 working days of being notified the goods are ready for collection or dispatch we shall (without prejudice to any other rights or remedies available to us) be entitled, but not bound, to store the goods at any available place at the buyer’s expense and such expense will be added to the cost of the goods.
(a) The risk of loss or damage to the goods or caused by the goods passes to the buyer upon delivery to the carrier or leaving our premises (whichever is the sooner) but title in the goods will remain vested in Newton Newton and shall only pass from Newton Newton to the buyer upon full payment being made by the buyer of all sums due on whatsoever account or grounds to us by the buyer. In the event of the goods, whilst any such sums due as aforesaid, the buyer shall be the trustee for Newton Newton of the proceeds of such sale or to the claim for such proceeds and the buyer shall place such proceeds in a separate account. Nothing herein shall constitute the buyer our agent for the purpose of any sub-sale.
(b) The buyer agrees prior to the payment of all sums due to Newton Newton on any account, we may at any time enter the buyer’s premises and remove the goods there from and prior to such payment the buyer shall keep such goods separate and identifiable for this purpose. Once removed we may sell the goods to recover all sums due to us and we will return any balance to the buyer but we may pursue the buyer for any shortfalls as if it were a debt.
(c) In the event of the goods becoming constituents of or being converted into other products whilst sums are due as provided in sub-condition (i) hereof we shall have the ownership and title to such reasonable proportion of the other products as if they were the
goods and accordingly sub-condition (ii) and (iii) hereof shall so far as appropriate apply to such other products subject the buyer’s right to the surplus of any monies realised by the said goods over those due to us provided herein. (d) In the event of the goods, or any products they become commingled with, being attached to any land the buyer acknowledges they shall not thereby become fixtures and fittings and they may be removed.
13. We and the courier must be informed in writing (i) within 5 working days of the buyer’s receipt of our invoice if the goods have not been delivered and (ii) immediately in the event of any deficiency or damage to the goods which was evident (or would have been had the buyer examined the goods) upon delivery, and in the case of the courier by noting such deficiency or damage on the consignment note. Otherwise within 3 working days of arrival of the goods giving full details of the loss or damage / failing which we will not be liable for any loss or damage to the goods during transit.
14. Failure to make due payment in respect of deliveries or instalments under this or any other contract between the buyer and Newton Newton shall entitle us to delay, suspend or cancel any and all deliveries in whole or in part at our option.
15. Unless notified in writing prior to dispatch the buyer will be liable to any additional charges arising from attempted deliveries during the normal working day if wrong delivery details are given, the postcode is incorrect, works are closed or we are unable to obtain a signature.
16. PLEASE READ CAREFULLY. THIS CLAUSE IS IMPORTANT. These clauses define the buyer’s rights in respect of loss or damage caused to the goods. The buyer is advised to read them carefully (the provisions of this clause do not affect the inalienable statutory rights of a consumer not acting in the course of business) a) The buyer shall inspect the goods upon delivery. Goods signed for and then found to be in any way damaged, shall not be repaired, replaced or refunded and still be liable for payment in full. It is the responsibility of the buyer or his acting agent to inspect goods prior to signing received in good condition. b) We will as regards goods manufactured by Newton Newton make good at our option by repair or replacement any defects therein due solely to defective workmanship or materials which are notified to us: In the case of any defect discoverable upon reasonable examination such a notification must be made within 10 working days from date of delivery, and in the case of any defect not discoverable upon reasonable examination such notification must be made within 10 working days from the date such defect is actually discoverable and in any event with 2 months of delivery provided that (i) The aforesaid obligations on our part shall not extend to defects caused by the buyer or its employees or agents’ wilful damage, negligence, incorrect storage,
application, movement or installation (other than by ourselves or agents) or defects caused by fair wear and tear and (ii) We are given reasonable opportunity following the above notification of examining the relevant goods. (c) Save as herein set out and for liability for death or personal injury resulting from negligence. All express or implied conditions representation or warranties as to qualify or fitness of the goods or otherwise are expressly excluded. (d) Save for liability for death or personal injury resulting from our negligence, we accept no liability under any claim howsoever arising from any loss over the figure of £500,000 (five hundred thousand pounds) or such greater figure as is from time to time the limit of liability of our insurers in respect of such claims.
17. We take no responsibility for the infringement of any patent or copyright or registered design or trademark of any third party in the execution of the buyer’s instructions and it is the buyer’s entire responsibility to obtain any necessary licences or permissions and the buyer hereby agrees to indemnify us against all claims, actions, proceedings, costs and losses out of such an infringement
18. Proofs and visuals produced by NEWTON NEWTON are copyrighted. You are NOT permitted to have them reproduced or given to a third party without prior written consent as this infringes our rights which are protected by law and constitutes a breach of our legal rights and financial remuneration will be sought. Positional proofs are supplied upon receipt of confirmation of order. These are subject to TWO (2) amendments at no extra charge. Further amendments to the design and layout will be chargeable at £40p/h or a minimum flat fee of £30 per proof. Visuals and full proofs can be supplied prior to order at £40+ VAT per proof which would be refundable in the event of a confirmed order.
19. Permission to use images on our website is granted to Newton Newton unless we are notified in writing either prior to placing your order or within 60 days of you having received your order. By placing your order with Newton Newton you are deemed to have read and accepted these terms and conditions of business.
20. Orders for the installation and erection of flagpoles, fully rigged flag poles, banner poles, banner frame assemblies are undertaken on the understanding the buyer has obtained all the correct planning and permission of all relevant persons, bodies and authorities to its installation and erection and has complied with the requirements of the local planning and other interested official departments and the responsibility for obtaining any planning permission and permits is that of the buyer. All charges levied by authorities before, during and/or after installation and erection are to be borne by the buyer. The buyer shall indemnify Newton Newton from any cost or liability incurred by Newton Newton as a result of the buyer’s failure to comply with this clause.
21. Where flag staffs are erected in the ground the responsibility for insuring no services such as water, gas, electricity, telephones or pipelines are likely to be interfered with, damaged or obstructed is the responsibility of the buyer as is any interference, damage or obstruction caused thereto by our staff or sub-contractors in the event of the position of such services not being revealed (or being incorrectly revealed) to us and accordingly the buyer hereby agrees to indemnify Newton Newton in respect of any liability we may incur whatsoever. Likewise where a flagstaff is erected on a structure it is the buyer’s responsibility to ensure the structure is of adequate strength and in good condition to bear the additional loads imposed thereon by the installation of the flagstaff and fittings and the flying of a flag or flags there from and the buyer agrees to indemnify Newton Newton from any liability we may incur if it is not so.
22. All making good charges and removal of debris from structures and/or land are to be borne by the buyer.
23. Newton Newton, at our discretion, will be entitled to terminate all or any of our contracts with the buyer forthwith and recover all expenses, losses and damage resulting to us including (but without limitation to) loss of profit or other consequential loss if: a) The buyer has a bankruptcy petition presented against him or a bankruptcy order is made, b) The buyer makes or seeks to make any composition or arrangement with his creditors, c) The buyer makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (within the meaning of Section 286 Insolvency Act 1986) d) An encumbrancer takes possession of any of the buyer’s assets, or any of the buyer’s property is taken in execution or process of law. e) A petition is presented or an order is made or a resolution is passed for the winding up of the buyer f) A petition is presented or an order made for an administration order to be made in relation to the buyer g) The buyer’s directors make a proposal for a voluntary arrangement with the buyer’s creditors h) The buyer is unable to pay its debts (within the meaning of Section 123 Insolvency Act 1986) i) A receiver or an administrative receiver is appointed over any of the buyer’s assets
j) The buyer fails to make any payment owed to us on the due date k) The buyer fails to take delivery of or collect the goods within fourteen days of being notified by us or our courier they are to be delivered or are ready to be collected, or l) The buyer is in breach of the terms and conditions of any contract with us (including breach of these conditions) and shall fail to remedy the same within twenty-one days of notice specifying the breach and requiring remedy (if the breach shall be remediable)
24 CANCELLATION OF ORDERS.
(i): Appliqued (Sewn) products, silk screen printed flags & banners, Ceremonial commissions, machine and hand embroidery. Orders cancelled from placement of order and prior to the start of production will be charged a cancellation fee of £100+ VAT to cover admin and works involved. Orders cancelled after this time but BEFORE sewing/printing/embroidery has commenced will be charged 50% of the nett order value + VAT. Orders cancelled once sewing/printing/embroidery has commenced will be charged full cost plus VAT.
(ii) Digitally printed products. Due to the short lead-times from order placement to dispatch, in the event of an order cancellation the FULL amount + VAT will be chargeable.
(iii) Bespoke flagpoles & brackets. 100% of the full price will be payable in the event of cancellation due to the procurement of bespoke materials.
(iiii) Installation work. Installations cancelled within 7 working days notice will NOT incur any cancellation charges. Cancellation of less than 7 days notice but more than 24 hours will be charged at 50% of the installation cost plus VAT. Cancellation less than 24 hours notice will be charged at the full installation cost +VAT.
25. Return of goods shall be at the buyers own expense. Any refunds due will be less the postage charge unless in the case of damaged goods or at the discretion of Newton Newton. If goods are being exchanged they must be returned in a saleable condition. None re-saleable items will be charged for in full. Postage of exchanged items will be at the buyer’s expense.
26. Repairs. Newton Newton repair all our own work, when and where possible, free of charge. Return postage of repaired goods is at the client’s expense. Return carriage+ VAT can either be invoiced or you may send stamps to the return postage value.
27. This contract is governed by English Law. Any dispute arising out of or in connection with this contract shall be determined by the English Courts.
28. In the event of any part of these conditions being ineffective for any reason, the remainder thereof shall constitute the conditions binding upon the parties.
29. These Terms and Conditions of Sale supersede any other terms and conditions of business which have hitherto been operative (November 2015)
By placing your order with Newton Newton Flag & Banner Makers Ltd you are deemed to have read and accepted these terms and conditions of business.