Terms and Conditions

TERMS & CONDITIONS OF EXCITE PROMOTIONAL MERCHANDISE

It is agreed that the following terms and conditions set out the entire and only agreement made between you (“the Customer”) and EXCITE Promotional Merchandise (“the Company”). 

All orders accepted by the Company are subject to these Terms and Conditions.

No variation or modification of these Terms and Conditions shall be effective unless it is agreed between both parties in writing and signed on their behalf. 

1.         The Customer is responsible for ensuring the accuracy of the terms of any order made with the Company.   No order submitted by the Customer shall be deemed to be accepted unless and until confirmed in writing by letter, fax or email by the Company.      
2.         The price for any goods ordered will be the price applicable at the date of placing the order, which price will be notified to the Customer prior to the Company’s acceptance of the Customer’s order.  All prices shall be subject to increase without notice due to circumstances beyond the Company’s control.   
3.         All quotations, (except for USB flashdrives), are valid for a period of 30 days from date of issue, unless otherwise stated. Quotes for USB flashdrives remain valid for 3 working days from date of issue, unless otherwise stated.
4.         Unless otherwise confirmed in writing by the Company all prices quoted will be exclusive of :
5.         Value Added Tax, which shall be added to the price at the rate ruling at the invoice tax point;
6.         Postage, carriage and packing, which shall be charged in addition to the price at the prevailing rate at the time of delivery of the goods;
7.         The costs of preparing proofs and making dies, blocks, screens, jacquards, tools, masters, engraving and any setting-up costs in connection with any of the foregoing, the price of which works will always be priced separately and in addition to the price of the goods provided always that such items shall be and remain the property of the Company; and
8.         All artwork including reductions, enlargements and touching up, which shall be chargeable at the rate quoted on the face of the order and shall be subject to VAT.
9.         Orders of less than £100 are subject to an administration charge of £10.
10.         Individual items listed in all quotations issued by the Company are priced as a complete order.  To order a limited number of items in a quotation would first require these same items to have their prices recalculated and to be re-quoted accordingly.
11.         Any samples supplied by the Company are supplied on approval and if the same are not returned within 14 days with the product and original packaging in pristine condition they shall be deemed to have been sold to the Customer at the price quoted.
12.         Notwithstanding that any sample has been inspected by the Customer, the Company exhibits such samples solely to enable the Customer to judge for himself the quality of the goods and not so as to constitute a sale by sample.   The Customer takes any goods purchased from the Company at his own risk as to their correspondence with any sample provided.
13.         The Customer shall be responsible for the goods being suitable in every way for the purpose for which it is intended to use them and no warranty, condition or representation is given by the Company as to the quality, condition, fitness or sufficiency of any goods for any particular purpose.
14.      Unless otherwise agreed in writing by the Company the Customer shall pay all invoices on a Pro Forma basis with payment becoming due on the date of delivery.   Receipts for payment will be issued only on request.   Time of payment shall be of the essence and if any amount shall not be paid on the due date the Customer shall pay to the Company on demand interest thereon at an annual rate of 4% above the Bank of Ireland’s base lending rate, such interest to accrue from day to day and to run after as well as before any judgement until payment is made in full.  
15.      The Company shall use all reasonable endeavours to deliver the correct quantity of goods ordered but there shall be allowed a variation of up to ten per cent (10%) in the quantity delivered.  In the event of such variation the Company reserves the right to increase or decrease the price accordingly.
16.      Risk of damage to or loss of the goods shall pass to the Customer immediately upon delivery.
17.      Every effort shall be made to deliver the goods on time and on cost, however all delivery dates and carriage costs are estimates only and the time and cost of delivery shall not be of the essence of the contract unless otherwise agreed by the Company in writing. In no circumstances shall the Company be liable to compensate the Customer in damages or otherwise for any loss or damage sustained by the Customer in consequence of any non-delivery or delay in delivery of the goods howsoever caused.  
18.      Any claim of non-delivery of the goods shall be notified to the Company within seven days of the date of dispatch of goods.   If the Customer does not notify the Company accordingly the Customer shall not be entitled to make a claim in respect of the non-delivery of the goods and the Customer shall be bound to pay the price as if the goods had been delivered in accordance with the contract. 
19.       The Customer shall inspect all goods immediately upon delivery and shall within three days from delivery notify the Company of any matter or thing by reason of which they may allege that the goods are not in accordance with the contract. If the Customer fails to give such notice within such period it shall conclusively be determined that the goods are as to quality, number, weight, volume and in all respects in accordance with the contract and that the Customer has accepted them.  The Customer shall in this event have no right to reject the goods, but shall be bound to pay for the same accordingly.
20.      In the event of faulty goods supplied, credit will be given if such faulty goods are returned to the Company within seven days of the Customer first becoming aware of faults or defects.
21.      The Company shall not be liable for indirect or consequential loss or for any loss to the Customer arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
22.      Notwithstanding the earlier passing of risk, title in the goods shall not pass to the Customer until the payment in full of all sums due under the contract under which the goods were delivered and the Customer acknowledges that until such time he is in possession of the goods solely as bailee in a fiduciary capacity for the Company.  The Customer shall store such goods separately from all other property of the Customer or any third party, and shall mark them so as to be clearly identifiable as belonging to the Company and shall keep them insured against all usual risks to their full invoice value.
23.      The Company shall not accept any cancellations of orders except where notice of cancellation is received in writing no later than three days after the date of the initial order.  Any costs incurred by the Company in processing the order prior to the accepted cancellation shall be covered by the Customer.
24.      Unless otherwise specified by the Customer, printing colour, size and position will be at the Company’s discretion even on repeat orders.  Where Pantone colour matches are requested, the Company shall endeavour to match colours as close as possible however a 100% match cannot be guaranteed, and the reproduction of artwork will be to normal industry standards.
25.      The Company reserves the right to alter design, material and product specification of any product without notice.
26.      The Company shall not be required to print any matter which in its sole opinion is, or may be, illegal, or of a libellous nature.
27.      When processing reorders of goods, the Company cannot guarantee that the goods prepared will be exactly the same as those previously supplied.
28.      All illustrations contained in the Company’s brochures, catalogues, advertisements, or price lists are approximate only and are intended merely to give a general idea of the goods described therein and shall not form part of the contract.  The Company reserves the right to use the Customer’s logo or advertisement in its brochures, catalogues, advertisements or price lists unless otherwise instructed by the Customer in writing.
29.      The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any infringement of copyright, patent or design.
30.      Every effort shall be made to carry out the contract however the Company shall not be liable for any loss, damage, injury, failure, or delay in delivery arising from natural causes, human agency or otherwise beyond the control of the Company or its suppliers including, but without prejudice to the generality of the foregoing, the inability to obtain labour, raw materials or supplies, enemy action, acts of war, terrorism, civil commotion, accidents, plant breakdowns, interference by labour strikes, lockouts, acts of God or government, aircraft explosion, flooding, malicious mischief or theft, or any restricting regulation order act, or omissions or operations by any local or municipal authority or government department.
31.      This agreement sets out the Company’s entire liability in respect of the goods. The liability of the Company whether in contract, tort, delict or otherwise, in respect of any defect in the goods or for any breach of these Terms and Conditions or of any duty owed to the Customer in connection herewith, shall be limited in the aggregate to the price of the goods in question.
32.      Failure by the Company at any time to enforce any of the provisions of this Agreement shall not be construed as a waiver by the Company of such provisions or in any way affect the validity of this agreement.
33.      In the event of any dispute between the Company and the Customer this agreement shall be governed by and construed in accordance with the laws of Northern Ireland and the Customer consents to the exclusive jurisdiction of the Northern Irish Courts.