1. Bensons Printing Company is the trading name of Bensons Printing Company Ltd, hereafter called “Bensons”.
2. Goods means the articles or things described in the contract between Bensons and the purchaser.
3. These conditions shall be deemed to be incorporated in all contracts of Bensons to sell goods and in the case of any inconsistency with any order or form of contract sent by the purchaser to Bensons whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of Bensons.
4. Notwithstanding that Bensons may have given a detailed quotation no order shall be binding on Bensons unless and until it has been accepted in writing by Bensons.
5. Any times or dates given for completion or delivery of goods shall be binding on Bensons, insofar as Bensons undertake to carry out additional work for the purchaser to the value of the print element of any goods not supplied on time. Such liability shall not extend to delays beyond the control of Bensons including, without prejudice to the generality of the foregoing defects in files or omissions of information delays in approval of proofs and non-performance of carriers.
6. By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
7a. All goods shall be paid for at the time of order. Or within credit terms agreed with Bensons prior to order being placed. Default credit terms of 30 days from date of Invoice shall be deemed to exist if no credit terms are agreed.
7b. Goods remain the property of Bensons until paid for in full.
7c. All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
7d. Any shortcomings or defects in goods supplied must be notified to Bensons within 3 days of delivery. Such goods must be returned to Bensons for inspection.
7e. Nothing herein shall impose any liability upon Bensons in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods.
7f. Nothing herein shall have the effect of excluding or restricting the liability of Bensons:
7f i. For death or personal injury resulting from its negligence insofar as the same is prohibited by 7f
7f ii. U.K. statute, or;
Under sections 12,13,14 and 15 of the Sale of Goods Act 1979 to a purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977).
Bensons shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
The liability of Bensons to the purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.
If the purchaser shall be in breach of any of their obligations under the contract Bensons may (without prejudice to Bensons’ rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries
of goods without notice until any defaults by the purchaser are remedied.
No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Bensons shall be construed to enlarge, vary or override in any way these conditions.
Any concessions made or latitude allowed by Bensons to the purchaser shall not affect the strict rights of Bensons under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.
Upon sight of artwork and at its sole discretion Bensons reserve the right to decline to print any item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full.
The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the purchaser and Bensons agree to submit to nonexclusive jurisdiction of the English courts.