Terms & Conditions
1 DEFINITIONS
1.1 The Buyer means the party to whom Goods are invoiced.
1.2 The Contract means any contract between the parties for the sale of Goods by the Seller to the Buyer.
1.3 The Contract Price means the price in effect at the time of despatch of the goods from the Seller.
1.4 Goods means any goods ordered by the Buyer and supplied by the Seller pursuant to the Contract.
1.5 The Seller means Express Promotional Services Ltd (Trading as XP Lighting {including XP Sound & Vision})
2 TERMS AND CONDITIONS
2.1 These are the only conditions upon which the Seller is prepared to deal with the Buyer, and they shall govern the Contract to the entire exclusion of any other express or implied terms ALWAYS PROVIDED that nothing contained herein shall operate so as to effect the Buyers statutory rights.
2.2 These conditions represent the entire understanding between the parties and supersede any prior arrangements, representations, undertakings, agreements or implications.
3 PRICES
The price charged is the price as per the Sellers current published trade price list, less any agreed discount, unless otherwise agreed or unless the Seller has amended the price given to cover any variation in the cost to the Seller. Prices are subject to change without notice. The Seller reserves the right to amend the prices given at any time to cover any variation in cost which takes place after that time.
4 PAYMENT
4.1 Goods for Delivery in the UK:-Without exception all retail & on-line Buyers must make full payment for any goods prior to the goods leaving the sellers ownership and the payment made will include any additional postal and packaging cost. Trade or Account Buyers: Unless otherwise agreed the prices quoted are strictly nett 14 days from the date of invoice. In all transactions unless otherwise agreed in writing shall be made via PayPal, Credit/Debit Card via PayPal or by cash or cheque to Express Promotional Services , 16A Jacomb Close, Lower Broadheath, Worcester. WR2 6SQ
4.2 In the event of receivership or liquidation, or where no valid reason is given for non-payment of invoices, the individual or in the case of a Company or Partnership the Directors or the Proprietors of the company or business shall become personally liable to settle all outstanding debts properly due to Express Promotional Services.
5 RESERVATION OF TITLE
5.1 The Goods shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as the Buyer shall have paid to the Seller the agreed price for the Goods together with the full price of any other Goods the subject of any other Contract with the Seller.
5.2 The Buyer acknowledges that it is in possession of the Goods solely as bailee for the Seller until such time as the full price thereof is paid to the Seller together with the full price of any other Goods the subject of any other Contract with the Seller And that during this period the Buyer will store the goods in a manner that keeps them in the state as they were at the time of receipt and that the owner of the Goods, the Seller, may collect these goods in case of dispute without conflict and retain the said Goods until true title is defined.
6 NOTICE OF NON-DELIVERY, SHORTAGE OR DAMAGED GOODS
6.1 The Seller must be notified of any shortage of or damage to Goods within 7 days of delivery or collection and such notification shall be confirmed in writing within 8 days of delivery or collection. No responsibility whatsoever for such shortages or damage will be accepted by the Seller in the event of failure by the Buyer to notify the Seller of the same.
7 LIMITATION OF LIABILITY
7.1 Except where there is an absolute prohibition against exclusion or restriction of liability the Seller shall not be under any liability whatsoever or howsoever arising in respect of or in connection with:
7.1.1 any defect in the Goods which should reasonably have been discovered upon examining or testing prior to acceptance;
7.1.2 any claim under this Contract to the extent that it relates to loss or damage which is not directly and immediately consequent upon the matters complained of;
7.1.3 any such claim whatsoever to the extent that the total amount thereof exceeds more than one and a half times the total price of the Goods complained of;
7.1.4 any claim made that the Goods do not comply with any Regulations Act of Parliament or other similar legislation and it shall be the Buyer's responsibility to ensure that the Goods comply with any regulations required for the purpose for which the Buyer intends to use them.
8 VARIATION
8.1 No variation in the contract shall take place unless notified to a Director of the Seller in writing and accepted by the Director of the Seller in writing. No person (whether an employee, agent or representative of the Seller or otherwise) has any authority on the Seller's behalf to make orally any addition to or qualification or variation of the Contract or of these conditions.
9 SUPPLY OF GOODS CANCELLATION OF ORDERS AND RETURNS
9.1 Orders may be cancelled or Goods returned only with the prior written consent of the Seller and subject to any terms set down by the Seller (including a 25% charge for cancellation of orders).
9.2 Certain items may be repaired, replaced or credited in full at the discretion of the Seller. All returns must be sent at the Buyer's expense to the Seller at Express Promotional Services, 16A Jacomb Close, Lower Broadheath, Worcester. WR2 6SQ
in a sealed carton accompanied by an accurate returns note. The return note must specify the fault and the invoice number and the price paid and the date.
9.3 In respect of any Goods supplied by the Seller but manufactured by third parties, the benefit of any warranties or guarantees given to the Seller by such manufacturers or suppliers will wherever practicable be passed to the Buyer subject to the conditions upon which they were given.
10 GENERAL
10.1 The Seller does not warrant that the Goods conform with any Regulations in the United Kingdom or elsewhere, and the Buyer shall be responsible for ensuring the suitability of the Goods for the purpose or purposes for which he/she intends to use them.
10.2 Dimensions and other physical characteristics are subject to normal commercial tolerances, and the Buyer shall be responsible for ensuring the fitness of the Goods for the Buyer's application.
10.3 The Seller reserves the right to discontinue or alter the Goods without prior notice to the Buyer, and all orders are accepted subject to availability.
10.4 Unless otherwise confirmed, nothing in this catalogue is to be taken as a representation of the source of original, manufacture or production of the Goods or any part thereof.
11 WAIVER
Any waiver by the Seller of any breach of these conditions shall not be construed as a waiver of any other existing or future breach.
12 NOTICES
Any notice required to be given hereunder shall be in writing and sent by pre-paid recovered delivery and shall be deemed effective if sent by post at the expiration of 72 hours after the same was posted whether or not received.
13 LEGAL CONSTRUCTION
The Contract shall in all respects to be construed and operate as a contract governed by English law and unless otherwise agreed in writing is subject to jurisdiction of the English Courts.