(a) In these terms and conditions “the Company” shall mean Hexio (Colour) Limited a company registered in England with Company number 9669096 and whose registered office is at 674 Old Kent Road London SE15 1JF and “the Customer” shall mean the person or persons whose names are shown on our invoice.
(b) “the Contract Works” shall mean the works to be carried out by the Company specified in the order overleaf and in respect of which the Total Cost of Works is payable.
(c) “Additional Works” shall mean extras as agreed between the Company and the Customer from time to time noted overleaf and which are in addition to the Total Cost of Works.
(d) Save as hereinafter contained, no servant, representative or other agent of the Company has any authority whatsoever to vary the terms and conditions of this Contract between the Company and the Customer. All variations are to be confirmed in writing and require the signature of the Sales Manager or a Director of the Company.
2. Acceptance of Order.
The Order by the Customer herein contained shall not constitute a contract and shall not be binding upon the Company until a written acceptance by the Company signed by the Sales Manager or a Director of the Company has been given to the Customer.
(a) The Customer shall not be entitled to cancel his order after acceptance by the Company without the consent of the Company in writing.
(b) Cancellation by the Customer shall be accepted by the Company on condition that ALL costs and expenses incurred by the Company are paid by the Customer.
(c) This Contract may be cancelled by the Company by giving written notice to the Customer.
Any time for completion of the Contract works given by the Company is an estimate but is not guaranteed. The Customer shall have no right to damages or to cancel this contract for failure by the Company for any cause beyond the control of the Company to meet the completion time stated.
5. Terms of Payment.
(a) Payment for the Contract Works shall be due and payable as per current trading agreements.
(b) If the balance payable under clause 7(a) (iv) is not received by the Company within seven days of the due date then interest at a rate of 4% per annum above The Bank of England Base Rate from time to time in force calculated on a daily basis shall be chargeable (as well as before judgement) at the discretion of the Company on the balance outstanding from time to time until payment is received. The right to charge interest under this sub clause shall be exercisable by the Company at any time after the expiration of seven days after the due date without notice to the Customer and shall not be prejudiced by delay in or acceptance of any payments under the Contract.
(c) All cheques and money orders should be crossed and made payable to Hexio (Colour) Limited or to such other person, company or body as the Company shall direct in writing.
(d) Where performance of this contract shall be delayed at the request of the Customer for any period or for any other event beyond the control of the Company for a period of more than three months after in force at that time, then and in such event the Company shall be entitled to increase the cost of the Contract Works in order to reflect any increase in the cost of labour, materials and overheads any any such increase in costs by reason of such delay will be charged extra to quoted price.
6. Title and Risks.
(1) The property in any goods supplied will not pass to the Customer until such sums due from the Customer to the Company (whether under this contract or otherwise) have been paid in full and until such payment the Customer shall hold the goods in a fiduciary capacity as bailee for the Company. (2) Without prejudice to any of the Company’s other rights, the Company may at any time after any sum payable by the Customer to the Company (whether under this contract or otherwise) has become due and remains unpaid rescind the Contract and/or recover any parts which are still the Company’s property and may enter onto the Customer’s premises itself or through its servants or agents for that purpose (3) Whether or not any sum has become due from the Customer under the Contract such sum will be deemed to be due from the Customer immediately on the Customer committing any act of bankruptcy or making any arrangement or composition with its creditors or his taking the benefit of any Act for the time being in force the relief of insolvent debtors or his suffering or allowing any execution whether legal or equitable to be levied on his property or to be obtained against him (or being a body corporate) its having convened a meeting of creditors (whether formal or informal) or it having entered into liquidation (whether voluntary or compulsory) or an administrative receiver or administrator being appointed over it’s undertaking or of any part thereof or its having a resolution passed or petition presented to any Court for the winding up of the Customer or there being any proceedings commended relating to insolvency or possible insolvency to the Customer (4) Notwithstanding the foregoing provisions the risk in any goods supplied shall pass on delivery to the Customer.
7. Applicable Law
The Customer’s order once accepted shall be considered a Contract made in England and shall be governed in all respects by the Law of England and the parties agree to submit to the exclusive jurisdiction of the English Courts.
8. Entire Agreement.
Acceptance of the Customer’s order and the terms set out shall constitute the entire agreement between the parties and supersede any and all promises and representation made by one party to the other concerning the works to be performed under 1 Contract and the terms applicable thereto.
Any notice to be given hereunder shall be given in writing and deemed to have been duly given if left at or sent by first paid mail in the case of the Customer to his address as set out in the order and in the case of the Company to the registered office.
All repro work supplied by the Company should be thoroughly checked for errors by Customer prior to going to press. Any error discovered prior to going to press and deemed to be at the companies fault will be rectified with repro work being replaced at no extra charges to the Customer. No responsibility will be accepted by the Company for any costs incurred to Customer for any errors discovered after going to press.
11. Data Protection Act.
The information you give us about yourself, the details of this Agreement and the history of business conducted between us, will be retained by us in our records. This will help us to make future credit and other commercial decisions about you. It will also enable us to tell you about any products and services which we think may be of interest to you. You may elect not to receive such information.