TERMS AND CONDITIONS OF SALE OF UNION LEISUREWEAR LTD

In this context Union Leisurewear Ltd is referred to as the Company.

1. The Company's Quotations do not constitute an offer. Orders placed with the Company shall not be binding on it until accepted. For Non Credit Account customers this acceptance will be evidenced by production of the invoice.
2. All Account customers must confirm their orders in writing, either by fax or mail.
3. These conditions constitute all the Terms of the Contract between the Company and the Buyer; any variations required by the Buyer shall be agreed by the Company in writing. In the event of any conflict arising these conditions shall prevail.
4. Delivery dates are given in good faith for information purposes only and shall not form part of the Conditions of the Contract. No Guarantee or Warranty as to time or rate of delivery is given or implied but every effort will be made by the Company to despatch the goods in time. The company accepts no liability whatsoever for any loss or damage of whatsoever nature and howsoever arising which may be suffered by the buyer as a result of any failure on the part of the Company to despatch or deliver goods on or within the dates or periods which have been mentioned by or to the company.
5. In the event of any deliveries being suspended or delayed on account of any action beyond the reasonable control of the company, the company may cancel the contract in writing to the Buyer in respect of any goods which have not been delivered and the Company shall incur no liability whatsoever for any suspension, delay or cancelation so caused.
6. All quoted prices and styles are subject to change without prior notice and all prices are subject to VAT at the UK current rate applicable at time of purchase. In the event of a Contract being entered into at set prices based on the cost of raw materials applicable at the time and in the case of any increase in such costs whilst any Contract remains unfulfilled and not foreseen at the date of such Contract the Company the company shall have the right to apply the price ruling at the time of despatch of the goods save that the Buyer shall have the option prior to production of the Order to cancel the Order in the event of such price increase being unacceptable to the Buyer.
7. Settlement of the account is strictly net, payable in cash or cleared funds on delivery or collection as the case may be. If credit is required the companies credit application form must be completed filed and agreed prior or after the contract being entered into. Credit terms are strictly net 28 days from the date of invoice of goods. The company reserves the right to charge interest at the rate of 5% per calendar month or part thereof on all outstanding accounts after such period. In contracts providing for delivery in instalments late settlement of invoices will entitle the company to rescind the contract without penalty. The company offers a 2.5% settlement discount on all orders for account customers only. Cash paying customers are subject to negotiation and are not subject to this discount.
8. Over run or under run of up to 10% of the contract order shall fulfil the contract and shall not affect the basic price per unit paid. A suitable deduction or addition will be made to the account.
9. Any charges made for special tool's artwork screens film positives' bromides, embroidery tapes garment patterns or alterations to supplied reference etc will be charged. Such items remain the companies property unless otherwise agreed in writing.
10. The cost of any change in size design or layout after proofs have been prepared shall be the sole responsibility of the buyer.
11. In the absence of supplied colour reference the companies interpretation of colour requirements will be final. Where a colour reference is supplied the company will match this reference to the best of it's ability. Where a variety of coloured garments are required to be print processed then one colour matching only will be made this being on a white garment or the lightest colour garment. Using this colour match variances that may subsequently occur on different darker coloured garments will be at the customers own risk. The company do not accept responsibility either whole or in part should the companies interpretation of the customers requirements prove to be unsatisfactory in the absence of a customer approved sample. The company provide a sampling service to the customer at an additional charge subject to quotation. The company also reserves the right to re cost a job subject to sight and testing of the production.
12. All complaints of shortages or damages caused in transit must be notified verbally to the company within 2 days after delivery and within 4 days of delivery in writing. The buyer is responsible for the return of goods at his own expense to the company. Should the complaint be considered justified after investigation by the company the goods in question will be replaced. At the discretion of the company if it is impossible to replace the goods the total liability of the company shall be limited to the invoiced value of the goods supplied and the company shall be under no liability for damages arising by reason of the buyers inability to use resell or process the goods. In the event f the complaint being considered justified the company will pay for transit of the goods back to the buyer.
13. All complaints due to manufacturing or printing defects or sizing must be notified to the company in writing within 7 days of delivery. Once goods are used worn or processed by the buyer the company cannot accept any responsibility whatsoever in respect of the goods.
14. The sizes quoted are ‘to fit' sizes and are for guidance purposes only. Buyers are advised to check required sizing (chest measurements length etc.) when purchasing. The company cannot accept responsibility for complaints if this advice is ignored.
15. A spoilage allowance of 4% is applicable to all contract garment orders with a minimum of 1 item it the quantity processed is less than 40 items.
16. The company requires a minimum order value of £45.00. A fixed surcharge of £5.00 per invoice is payable on all orders up to £50.00 excluding vat.
17. All out of stock goods will be treated as back orders. Any cancellation of order must be notified in writing to customer service and may be subject to a 10% order cancellation fee.
18. All orders which require custom finishing must be paid for in full aganist the companies written quotation prior to acceptance.
19. The title to any goods supplied by the company to the buyer on credit terms shall not pass to the buyer until all sums in respect of those goods owed to the company have been paid in full.
20. Until the title in the goods shall pass to the buyer, the buyer upon request shall promptly inform the company of the whereabouts of the goods. The buyer shall accept all responsibility for the safe custody protection and preservation of the goods including insurance indemnity upon the goods coming into possession of the buyer it's agents or customers it shall indemnify the company in respect of all loss or damage of whatsoever nature affecting the goods. The company shall be entitled to take possession of the goods at the companies expense in the event of the buyer failing to observe or perform any of it's obligations hereunder or entering into liquidation or ceasing or threatening to cease trading of if serious doubts arise as to the buyers solvency.
21. All goods are despatched are despatched ex works form the companies premises unless otherwise agreed in writing by the company. All export business will be transacted on confirmed irrevocable letters of credit on an agreed UK bank. Any certificates which may be rendered by the company in insuring goods during transit and in shipping or in anyways relating thereto including the variation of bills of lading and the documents are rendered gratuitously and no liability whatsoever shall attach to the company for any act neglect or omission of the company or of it's agents or servants in connection therewith.
22. Any contract made by the company shall be governed by English Law. All disputes or differences shall be settled by reference to arbitration in England by a single arbitrator to be put forward by the company. The decision of such single arbitrator shall be final and binding.
23. The buyer shall hold the company harmless against any expense or loss resulting from infringements or patents trademarks registered designs or rights arising from compliance with the buyers designs or specifications or instructions. The buyer shall be responsible for and shall at his expense indemnify and save the company against liability for all claims founded upon the legal affects and the use of any words designs or devices which the buyer may order to be printed or decorated in any format placed on the goods notwithstanding that the company may have been consulted thereon or performed artwork or other special services in connection herewith. The buyer hereby permits the company to utilise any of the products ordered by the buyer by the company within the companies own advertising and to dispose of any seconds garments surplus to order at the companies discretion and proceeds belonging to the company.
24. The sale of goods act does not apply to any contract made between the buyer and the company as no retail association is acknowledged.
25. The companies prices are based on the assumption that the companies liability is limited to the remedies available under the above conditions warranties representations descriptions and guarantees provide nothing herein contained shall be construed as excluding or limiting the operation of the supply of goods and services act.
26. This legal document binds the buyer and company inextricably and all terms involved shall be adhered to fully and wholly and no deviation shall be made from these points.
27. Where camera ready artwork is not supplied it is the customers responsibility to ensure the resultant interpretation is satisfactory before garments are printed. Any offered or accepted assistance or interpretation of the finished design by the company shall be deemed to be correct and proper with regard to any entrusted contractor.