The Boring Stuff...
Our Terms & Conditions
1.1 No binding contract between Seller and Buyer will exist until the Seller has checked stock availability and confirmed the Buyer’s order in writing, following receipt of the Buyer’s artwork..
1.2 These conditions shall apply to the exclusion of all other terms, including any standard terms of the Buyer except as agreed in writing by Seller. Acceptance of an order by the Seller of goods and/or services shall be deemed to indicate the Buyer’s agreement to these conditions.
1.3 The Seller reserves the right to change the design and specification of goods ordered by the Buyer without notice and to substitute comparable goods.
2.1 Unless otherwise agreed, the price of the goods will be that advertised in the Seller’s price list, printed marketing material or online sales channels at the date of confirming the order. The Seller shall be entitled to
amend its price list from time to time without notice, or in exceptional circumstances choose to refuse or cancel an order at its discretion.
2.2 All screens, origination, tooling and additional colours printed in addition to the standard colours and designs described in the Sellers promotional materials are charged extra and will be clearly shown in the final quotation provided prior to acceptance of the order from the Buyer.
2.3 Unless otherwise agreed, prices quoted include the cost of delivery to any destination in the United Kingdom and are exclusive of Value Added Tax which will be charged on all orders at the current prevailing rate.
3.1 Payment for all orders will be on proforma basis, with credit facilities possibly agreed at the discretion of the Seller upon the satisfactory receipt of bank and trade references thereafter. Credit facilities may be amended or removed as the Seller deems necessary. All invoices raised by the Seller to the Buyer are required to be settled no later than 30 days from the date of the original invoice where credit terms have been agreed by the Seller.
3.2 The Seller reserves the right to charge interest of 3.5% monthly on all outstanding balances for account invoices that are not settled within our terms of trading.
Delivery & Risk
4.1 Any lead times quoted for delivery are estimates only and the Seller shall not be liable for any consequential damage or cost claims due to failure to deliver within the time quoted.
4.2 Delivery of the ordered goods to the stipulated place of delivery or to a carrier nominated by the Buyer shall constitute delivery to the Buyer. All risks in the goods shall pass to Buyer on receipt of delivery although transfer of title to the ordered goods will not pass to the Buyer until full payment is received by the Seller for those goods. Transfer of the goods to other locations following delivery is the responsibility of the Buyer who will be responsible for assuring that any product is suitable for those destinations and their use considering the conditions of use and performance as listed.
4.3 Discrepancies and damage apparent at the time of delivery must be noted on the carrier’s receipt note and notified to Seller in writing within seven (7) days of receipt.
4.4 The Seller shall be entitled to make partial deliveries or deliveries by instalments and to invoice for such deliveries as made. These conditions shall apply to each such delivery.
Cancellation, claims and return of goods
5.1 If an order is cancelled, it is the responsibility of the Buyer to return all cancelled goods to our facility at the Buyer’s cost in undamaged, original condition as delivered including all original packaging. No request for credit will be considered in the event of these conditions not being met fully. The Buyer shall accept cost of carriage for both delivery and return of all goods.
5.2 Cancelled goods must be returned in the same condition as originally supplied, including original packaging and failure to do so will result in any request for a credit invoice being declined.
5.3 Where goods have been produced to include the Buyers specified logo or design then this order would be considered ‘bespoke’ and specific to the Buyer and cannot be cancelled once the order has been accepted by the Seller. It is the responsibility of the Buyer to check all designs are correct prior to final confirmation of the order with to Seller.
5.4 Claims and returns of goods: Before any return is made, our customer service department must be contacted. The goods must be returned in good condition and with all the original packing in a perfect state. Returned goods will not be accepted more than fifteen (15) days from the date of receipt (unless otherwise agreed with our commercial department) and in no circumstances for marked goods after this period. We will not accept returns of goods that have not been marked or handled by XJ
5.5 The customer is responsible for any error or omission found after our ‘Proof Acceptance’ is signed by them (photolithography, design, position, colour, typography, etc.) Therefore, no return can be accepted once this document has been signed. Costs arising from the cancellation or return of the order (two-way transport costs, etc.) are at the customer’s expense.
5.6 The return of goods found to be faulty will be managed with you by the Customer Services Department of XJ Design Ltd who must be contacted prior to return of any goods. Your concerns will be dealt with promptly and with the minimum of inconvenience possible to yourselves.
5.7 Your Customer Service contact will discuss all possible options to rectify the situation to your satisfaction in the unlikely event of a problem with your goods. Your statutory rights will not be adversely affected by any clause within these Terms & Conditions.
Guarantee & Limitation of Liability
6.1 Prices quoted by Seller must be confirmed in writing. The Seller cannot accept responsibility for verbal quotations or offers and will not be bound by such.
6.2 The Seller guarantees that the goods will be free from defects caused by faulty materials or poor workmanship upon delivery. Under this
guarantee the Seller will at its option either repair, replace or give credit to Buyer for any goods found to be so defective provided that: a) Seller is notified in writing within 7 days of receipt of the goods of any defect. b) The defective goods are returned to Seller carriage prepaid by Buyer. c) Examination of the goods by the Seller reveals to its satisfaction that such defect exists and has not been caused by misuse, neglect, accident, improper storage or handling or by repair or alteration not effected by the Seller.
6.3 The refills and inks etc. supplied in writing instruments are subject to a maximum warranty of 3 months from the date of dispatch, although this can obviously vary substantially according to individual use, so no actual duration of product life can be guaranteed nor is one implied.
6.4 No guarantees are offered on battery life whatsoever.
6.5 Guarantee of the Seller shall not apply if: a) Defects in goods are the result of normal wear & tear and/or improper use. b) Goods have been subjected to abnormal conditions. c) Defects are the result of use that is not in agreement with maintenance instructions. d) The Buyer and/or third parties called in by the Buyer without written agreement of the Seller have made changes to and/or performed any other work with regard to delivered goods. e) The Buyer ships goods to any location outside the EU, without written agreement of the Seller. f) The Buyer accepts that the goods supplied under these general terms are intended as promotional advertising items only and therefore may not share the same performance characteristics or operational tolerances of similar or alternative branded items. Therefore, identification of the suitability and operational or service requirements of individual products are the responsibility of the Buyer when considering their own specific requirements. This does not affect the Sellers responsibility to the Buyer as outlined in section 6.2 of these Terms and Conditions.
6.6 If the Buyer fails to request a sample prior to purchase of any product, the Seller reserves the right to refuse to take back goods or offer credit, if they are not faulty or of sub standard quality.
6.7 Unless expressly set out above, the Seller shall be under no liability whatsoever whether in respect of negligence or otherwise in connection with the goods or this contract. All conditions, warranties or other terms, whether express or implied, statutory or otherwise are hereby excluded, provided that nothing in this subsection
6.8 shall restrict any liability of the Seller for negligently caused death or personal injury.
All printed orders are subject to production tolerance of 5% overruns or under runs, which will be charged for accordingly.
Supply of unbranded and subsequently branded goods
8.1 If goods are not to be branded by XJ Design Ltd (T/A Crisp Branding), it is the responsibility of the Buyer to inform the Seller of any product damage or shortages within 7 days of receipt.
8.2 Claims made once goods have been branded by an outside source following delivery by the Seller will not be the responsibility of the Seller and no offer of compensation or discount will be made.
9.1 Colour shades in photos are for guidance only. Due to the manufacturing process, some colours will vary and cannot be guaranteed.
9.2 If colour is critical it is the responsibility of the Buyer to request a pre-production sample prior to purchase or placing an order.9.3
The Seller cannot guarantee exact Pantone colour match on all items as the base material can affect the final colour reproduction, although every effort will be made to match the Buyer’s requirements.
10.1 If the Seller supplies a product that is free of any fault or defect but
the Buyer decides it does not meet customer expectations, the Seller will accept no responsibility if the Buyer did not request a sample or pre-production sample of that product prior to ordering.
10.2 Catalogue or website images/illustrations are for guidance only and should not be solely relied upon as an indication of colour shade, quality or functionality.
Without prejudice to any other of these conditions, the Seller shall be under no liability for delay or nonperformance of any obligations here under due to any circumstances whatsoever beyond the control of the Seller.
Transfer of Property
12.1 Property in the goods shall remain in the Seller until the Seller has received payment in full of the price and any additional sums due under contract.
12.2 The Buyer must store the goods in such a way that they can be easily identified as the Seller’s property. If the Buyer sells or otherwise disposes of or makes any insurance claim in respect of the goods prior to making payment in full for them, he does so as principal and not as agent for the Seller and shall not give any warranties or incur any liability on
behalf of the Seller. The proceeds of any such sale or other disposition (or claim thereto), as well as the proceeds of any insurance claim made by the Buyer in respect of the goods shall belong to the Seller to the extent of all sums due to the Seller in respect of the goods.
12.3 Failure by the Buyer to make all payments when due shall give the
Seller the right without prejudice to any other remedy of the Seller, to repossess the goods without prior notice and to enter any premises for the purpose of such a repossession.
12.4 Nothing in this condition shall give the Buyer any right to return goods sold here under. The Seller may sue the Buyer for the price when due, notwithstanding that property in the goods may not have passed to
Buyer’s breach and financial situation
If the Buyer shall be in breach of any of its obligations here under or under any other contract with the Seller, or if at any time Buyer’s financial condition does not in the Sellers judgement justify continuance of this contract on the terms of payment agreed, the Seller may without prejudice to any other right and without any liability whatsoever to the Buyer cancel any outstanding part of the contract or suspend any deliveries until such time as the Buyer shall provide security satisfactory to the Seller for the performance of all obligations of the Buyer to the
This contract shall be governed by and construed in accordance with English law and the courts of England shall have jurisdiction to hear all disputes arising in connection with it.