In these Conditions unless the context otherwise requires.
“The Company” shall mean Speedy Marquee / Marquee Media Limited.
“The Customer shall mean the person or company for whom the work is to be done and/or goods or services supplied.
a) The Company will use its reasonable endeavours to deliver on the delivery date specified in the order but time shall not be of the essence of the contact unless otherwise expressly stated on the order and accepted by the Company.
The Company shall not be liable for any direct or indirect loss or damage arising from failure to deliver or dispatch goods in accordance with the contract or delay in delivery or dispatch of goods caused by war, strikes, lock outs, fire, flood, explosion, government restriction, failure to obtain or shortages of materials, or by any other cause wholly or partially beyond the Company’s control in the event of any such failure or delay resulting from negligence by the Company or any of its employees the liability of the Company shall not exceed that proportion of the contract price which is attributable pro rata to the goods so affected . Any greater liability on the Company and all liability whatsoever for consequential loss or damage is hereby agreed to be excluded.
Shortages, Breakages, Delivery Errors and any goods received in an unusable condition must be notified within 3 working days. Arrangements will be made for the relevant goods to be collected, replacement goods dispatched or a credit note issued. Any item ordered as a “Special” may not be returned. Goods supplied as ordered may be subject to a 15% handling charge if accepted for credit or exchange.
Our Drivers and Representatives are not authorised to accept goods for return unless they present our Collection Note, raised by prior agreement between the Customer and Ourselves in exchange for the goods collected. Computer consumable products may only be returned as “No Longer required’ if the foil sleeve has not been opened. We are not able to accept back any opened cartridges and it is therefore requested that the product details are checked on the outer packaging before opening the box. Any cartridges returned as faulty must have a print sample attached. If a sample is not provided no credit will be given.
Electrical items will not be accepted as “No Longer required” once they have been unpacked. No goods will be accepted for return unless the packaging is complete and intact.
For health and safety reasons, edible products (e.g. coffee) and chemical cleaning products (e.g. Domestos) may not be returned as “No Longer Required”
Invoices must be paid within thirty days after the date of invoice following which interest will be charged on any overdue payment at the rate of 2.5% per month.
We hereby undertake to keep safe and confidential all information which is not in the public domain which is given to us by you for the purpose of enabling us to perform the Services and also to keep safe and confidential all such information which comes into our hands during the performance of the Services.
Without prejudice to other remedies the Company shall in respect of all unpaid debts due from the Customer have a general lien of all materials and property in its possession and shall be entitled on the expiration of fourteen day’s notice to the Customer to dispose of such goods or property as it thinks fit and to apply any proceeds towards such debts.
The Company shall use it reasonable endeavours to keep safe any goods and materials of the Customer in the Company’s possession but such goods and materials will be held at the Customer’s risk in all respects. Subject to the following proviso the company shall not be liable for any loss or damage whatsoever whether direct or consequential howsoever caused or suffered in relation to such goods and materials provided that in the event of such loss or damage arising as the result of the negligence of the Company or its employees the liability of the Company shall not exceed that proportion of the contract price which is attributable pro rata to the goods or materials so affected. Any further liability on the Company and all liability whatsoever for consequential loss is hereby agreed to be excluded. The Customer shall insure any such goods and materials against loss or damage.
The contract is subject to market fluctuations and ruling prices of materials, labour and insurance at the time of delivery or during the period of the contract. Where increased costs are incurred the Company reserves the right to charge such increases to the customer’s account.
TERMS OF PAYMENT
Payment will be made in accordance with the standard terms and conditions see item 3
The Company reserves the right to refuse to execute any order or contract if the arrangements for payment or the Customer’s credit are not satisfactory to it in the case of non-payment of any account when due or in the case of death, incapacity, or insolvency of the Customer or when the Customer is a limited company in the case of liquidation or the appointment of a receiver then the purchase price of all goods delivered an/or work executed by the Company to the Customer and date and any sums due to the Company from the Customer to date and any sums due to the Company from the Customer for any other account shall immediately become due and payable form the Customer to the Company and in addition the Company is to have the right to cancel every contract made with the Customer or to cancel or suspend or discontinue delivery of goods and materials at its option without prejudice to its right to recover any loss sustained.
Any property or raw materials forming part of the contract in the possession of the Company pending processing all remain with the Company until such time as the contract has been completed and final payment made by the Customer.
Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company or to such variation or delay as the Company may find necessary as a result of inability to secure labour, materials or supplies, any act of God, war, strike, lockout or other labour dispute, flood, drought, legislation or other cause, whether of the foregoing class or not, beyond the reasonable control of the Company and the Company shall not be liable for any inability to deliver in accordance with the contract caused by such contingency except insofar as the Unfair Contract Terms Act 1977 or other relevant statue shall provide to the contrary. The Company will notify the customer of any cancellation delay or variation as soon as is reasonably practicable and will render such assistance as the Company considers appropriate under the circumstances in order to obtain or effect the whole or partial performance of the contract.
These conditions are governed by English Law and all disputes shall be decided by the English courts.