Terms of payment and conditions of sale
1. GENERAL. These Standard Terms of Payment and Conditions of Sale shall apply to the supply of tickets, ticket stock, general printing, software provision and services and leasing of hardware or whatever that constitutes a supply by Performance Ticket Printers (hereinafter called "the Company") against an order now or in the future.
2. ORDER ACCEPTANCE. The Company reserves the right to accept or reject, in whole or in part, orders received by it. The type of supply is on a sale basis. The placement of an order is record of acceptance of these Standard Terms of Payment and Conditions of Sale.
3. PRICES. All goods are sold at prices ruling at date of despatch and may vary from those originally quoted or shown in the Price List. Prices shown in the price lists, brochures and advertising material are subject to alteration and withdrawal without notice. Prices shown are liable to the addition of VAT at the current rate applicable.
4. QUOTATIONS. All quotations and tenders are given by the Company on the condition that the Company shall not be bound until communicated written or verbal acceptance is made of the Customer's order. In the event of any inconsistency between the terms of the Customer's order and these terms and conditions, these conditions shall prevail unless the contrary has been agreed in writing by the Company. Any price given on a quotation or tender will hold only insofar as a time limited stated on the quotation or tender submitted. Should there be no time stipulation then a standard term of thirty days from the date of quotation or tender shall apply.
5. DISCOUNTS. Discount for quantity is allowed with details available on request. Contract discounts are subject to negotiation at the time the contract is placed and will be authorised in writing by the Company.
6. DELIVERY. The Company will endeavour to maintain a despatch service of one to two working days from receipt of order for regular ticket orders. For special requirements, quotations or tenders the quoted despatch date will be the target date for despatch of order. No dispatch date is guaranteed nor is the Company responsible for the time taken for delivery by the chosen carrier. The standard carrier will be the Post Office (or other contracted carrier at the time) unless the customer requests otherwise. Any additional cost is incurred by using an alternative carrier will be borne by the Customer. The reprint and resupply of tickets or goods that the carrier fails to deliver or has delayed the delivery of is at the discretion of the Company as is whether the cost of the tickets or goods and any delivery charges associated with the reprint, are charged to the customer.
7. EXPRESS SERVICE. The Company will endeavour to maintain a despatch service of one to two working days from receipt of order for express ticket orders. Use of the Express Service will incur an additional charge for the urgent printing of tickets and may also incur at the discretion of the Company a further charge for the use of overnight courier delivery. The Express Service is on offer at the discretion of the Company and can be withdrawn at any time and without notice.
8. CANCELLATION. Whilst sympathetic consideration will be given to requests to cancel an order the Company reserves the right to charge for any work already carried out. Should the order be already completed at the time of cancellation then the full charge for the order will stand as payment due.
For products sold without individual changes, such as unprinted wristbands, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us by post or email using the contact details on our Contact Us page of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.1 Effects of cancellation.
If you cancel this contract, we will reimburse to you
all payments received from you, including the costs
of delivery (except for the supplementary costs
arising if you chose a type of delivery other than the
least expensive type of standard delivery offered
by us). We may make a deduction from the
reimbursement for loss in value of any goods
supplied, if the loss is the result of unnecessary
handling by you.
We will make the reimbursement without undue
delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. CARRIAGE. Carriage is separately chargeable on all orders and will vary with the type of delivery service used, the volume of goods despatched and the number of delivery addresses. UK island deliveries and non-UK deliveries may incur a surcharge. VAT is liable on all carriage charges.
10. SHORTAGE/DAMAGE/LOSS IN TRANSIT. The onus is on the Customer to check upon receipt the order is complete. Any claim for shortages, damage or loss must be notified to the Company as soon as practicable.
11. ALTERATIONS TO LAYOUT. The Company reserves the right to make any alterations to a customer requested ticket design. By mutual agreement an order may be changed in terms of content or detail of text and quantities to be supplied provided that such changes do not make obsolete any work already carried out to this order. If such changes do make work already carried out obsolete the Customer will be liable for the costs of the alterations.
12. RESPONSIBILITY FOR ACCURACY. The final responsibility for accuracy and quality of printing lies with the Customer and the Company suggests that the goods are carefully checked on receipt and certainly before they are put on sale.
13. FORCE MAJEURE. If the Company is prevented from, delayed or hindered (whether wholly or in part) in performance of any contract or order by strike, lock out, trade dispute, act of God, war, riot, explosion, fire, shortage of materials, labour, transport or fuel, or without limiting the generality of the foregoing by other cause or consequence outside the Company's direct control whether affecting its own business or that of any supplier or subcontractor, the Company shall not be liable for any loss or damage (direct, indirect or consequential) to the Customer or any third party.
14. CONSEQUENT LOSS. The Company shall not be responsible for any consequent loss to the Customer or any third party caused by the non-delivery of any goods or any inaccuracy or inappropriateness of information contained within them.
15. SETTLEMENT TERM. The settlement term is strictly net cash payment within 10 days from date of invoice. The Company reserves the right to charge interest on any outstanding balance of overdue accounts at the rate of 2% per annum over the Base Rate without prejudice to the Company's right of recovery. Such interest will be automatically charged on any outstanding balance that exceeds 90 days from date of invoice.
16. TITLE. The risk in the goods passes to the buyer upon delivery but equitable and beneficial ownership remains with the company until full payment has been received (each order being considered as a whole), or until re-sale, in which case the Company's beneficial ownership shall attach to the proceeds of re-sale or to the claim for such proceeds. The buyer shall permit the servants or agents of the Company to enter the buyer's premises and to re-possess the goods at any time prior to the exchange of title.
17. CLERICAL ERRORS. The Company will not be bound by clerical and arithmetical errors in the Price List, any invoice, statement of account, or quotation issued.
18. COPYRIGHT OF IMAGES. It is the responsibility of the customer to ensure that any image or logo provided by them, to be reproduced on their tickets, must be copyright free or the customer/provider of the image must have exclusive right to use the image/logo.
19. PROPER LAW. These Standard Terms of Payment and Conditions of Sale shall be governed by English law and the English courts shall have exclusive jurisdiction in connection herewith.
20. CHANGE OF CONDITIONS. No officer, servant, agent or representative of the Company except a Director has any authority to waive, vary, add to, omit or in any way alter these conditions.
Updated October 12th 2009