Terms & Conditions
1.
"CRESCENT PRINT" is the trading name of CRESCENT PRINT
LTD.
"Goods" mean the articles or things described in the contract
between CRESCENT PRINT and the purchaser.
2.
These conditions shall be deemed to be incorporated in all
contracts of CRESCENT PRINT to sell goods and in the case of
any inconsistency with any order or form of contract sent by
the purchaser to CRESCENT PRINT whatever maybe their respective
dates the provision of these Conditions shall prevail unless
expressly varied in writing and signed by a director on behalf
of CRESCENT PRINT.
3.
Notwithstanding that CRESCENT PRINT may have given a detailed
quotation no order shall be binding on CRESCENT PRINT unless
and until it has been accepted in writing by CRESCENT
PRINT.
4.
Any times or dates given for completion or delivery of goods
shall be binding on CRESCENT PRINT, insofar as CRESCENT PRINT
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
CRESCENT PRINT including, without prejudice to the generality
of the foregoing defects in files or omissions of information
delays in approval of proofs, non-performance of carriers &
any anything out of the control of CRESCENT PRINT.
5.
By their nature goods do not have a redeemable value and no
refunds or credits for goods correctly supplied will be
entertained.
6.
a) All goods shall be paid for at the time of order.
b) No goods shall be dispatched or collection allowed until
paid for in full.
c) All prices are exclusive of Value Added Tax and this will be
charged at the appropriate rate.
7.
a) Any shortcomings or defects in goods supplied must be
notified to CRESCENT PRINT within 3 days of delivery. Such
goods must be returned to CRESCENT PRINT for inspection.
b) Nothing herein shall impose any liability upon CRESCENT
PRINT 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.
c) Nothing herein shall have the effect of excluding or
restricting the liability of CRESCENT PRINT:
i. for death or personal injury resulting from its negligence
insofar as the same is prohibited by U.K. Statute, or;
ii. 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).
8.
CRESCENT PRINT 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.
9.
The liability of CRESCENT PRINT 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.
10.
If the purchaser shall be in breach of any of their obligations
under the contract CRESCENT PRINT may (without prejudice to
CRESCENT PRINT's 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.
11.
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 CRESCENT PRINT shall be construed to
enlarge, vary or override in any way these conditions.
12.
Any concessions made or latitude allowed by CRESCENT PRINT to
the purchaser shall not affect the strict rights of CRESCENT
PRINT 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.
13.
The contract shall in all respects be governed by Scottish law
and shall be deemed to have been made in Scotland and the
purchaser and CRESCENT PRINT agree to submit to nonexclusive
jurisdiction of the Scottish courts.
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