Terms and Conditions
1.1 These terms and conditions shall apply to all orders to the exclusion of any other terms and conditions which may accompany any order or enquiry that has been given to Kingsmead Cards Limited (‘Kingsmead’) by the customer.
1.2 By placing an order with Kingsmead the buyer is deemed to have accepted these terms and conditions.
1.3 No variation to these terms and conditions will be accepted unless approved by Kingsmead in writing.
1.4 Any notice required to be served will be considered served the following working day after posting by first class mail to the buyer’s last advised address.
2.1 ‘The product’ shall be defined as any item ordered from Kingsmead .
2.2 ‘in writing’ shall be defined as by post, fax or email.
2.3 Any reference to ‘days’ means working days excluding weekends and public Bank Holidays.
3.1 Any estimate given is valid for 21 days from the date of that estimate. No verbal estimates are to be deemed binding. Estimates are subject to amendment on sight of artwork.
4.1 An order confirmation will be promptly forwarded by Kingsmead on receipt of a valid order. If the buyer does not receive a confirmation within five days of placing an order then it is their responsibility to contact Kingsmead to ensure that the order has been received.
4.2 It is the buyer’s responsibility to check the order confirmation and to notify Kingsmead in writing of any discrepancies within 5 days of receipt of the order confirmation.
4.3 The quantity may vary +/-10% from the quantity ordered. Kingsmead will invoice for the actual quantity delivered.
4.4 Amendments to orders after the order confirmation has been despatched will be at Kingsmead's discretion, and in any event all requests for amendment must be made in writing and will not be binding until confirmed to the buyer by Kingsmead in writing.
5.1 A charge may be levied for work done at the buyers request.
6.1 Additional charges may be applied for inadequate or inaccurate copy supplied.
6.2 Proofs, whether requested by the buyer or sent at Kingsmead's discretion in the case of ambiguous instructions, shall be returned promptly by the buyer. Kingsmead will not be responsible for late delivery should the buyer take in excess of three days to return the proof.
6.3 The proof once approved will form part of the contract for the supply of the product. Any error not corrected by the buyer on the proof will be deemed to be accepted by the buyer and the buyer will have no right of recompense for such errors.
6.4 The buyer is entitled to reject any goods not supplied in accordance with the order confirmation but for no other reason.
7.1 All discs, logos and films supplied by the buyer remain the buyers property but are held by Kingsmead at the buyers risk. If any artwork is needed to be returned it should be clearly labelled as such when submitted.
8.1 VAT will be charged on all orders supplied at the rate applicable at the time of order.
9.1 Kingsmead will use it’s best endeavours to supply the product within the specified time frame.
9.2 Where the buyer requests a quicker than standard delivery time Kingsmead will again use its best endeavours but will not be liable should the requested timescale not be met.
9.3 Should the buyer wish to cancel the order then this must be requested in writing and the order will not be deemed as cancelled until Kingsmead has confirmed as much. Kingsmead reserve the right to charge for any work done up to the point of cancellation should the order still be within its standard delivery time.
9.4 Kingsmead will invoice after the goods have been dispatched and the terms will be 30 days.
10.1 The product will require a signature upon delivery. Should delivery not be possible despite the best efforts of the courier company then the cards will be returned to Kingsmead. The buyer will be responsible for any additional delivery costs incurred in these circumstances.
10.2 The product should be inspected upon delivery and all errors or shortages should be notified to Kingsmead within three days, and all claims must be made in writing within 7 days.
10.3 The buyer is responsible for ensuring that the number of boxes signed for at delivery is the number of boxes received. No claim for missing boxes will be accepted if the delivery consignment note was not marked as such at the time of delivery.
11.1 Kingsmead reserve the right to charge debt recovery costs of 10% of the total invoice value (or £30, whichever is the greater) for all invoices unpaid 28 days after the due date. Kingsmead also reserves the right to charge interest at the rate of 12% per annum from the due date to date of settlement.
11.2 Kingsmead shall be under no liability if unable to carry out any provision of the contract for any reason beyond Kingsmead ’s control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the buyer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
11.5 Kingsmead shall not be liable for any consequential loss arising from their failure to fulfil the contract. Kingsmead's liability shall be limited to the contract price.
11.6 The liability of Kingsmead in supplying any products that do not conform to the order confirmation shall be limited to the free of charge replacement of that product.
12.1 These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
