Promotional Gifts, Printed Pens, Mugs etc..
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Telephone: 01530 813765

Conditions

Here you will find our Terms and Conditions:

1.                      Basis of Contract
1.1.                 Unless otherwise agreed in writing by Aarons Promotions all good are supplied on these conditions to the exclusion of any terms and conditions of the buyer and of any representation, warranty or communication not expressly included.
1.2.                 Each order for goods by the buyer from Aarons Promotions shall be deemed to be an offer by the buyer to purchase the goods subject to the provisions of these Terms and Conditions.
1.3.                 No order placed by the buyer shall be deemed to be accepted by Aarons Promotions until a written acknowledgement of order is issued by Aarons Promotions or (if earlier) manufacture, appropriation of the buyer’s order or dispatch of the goods to the buyer. 

2.                      Prices
2.1.                 Unless otherwise stated, all prices
2.1.1.            are net works, and apply only to the total quantities and delivery dates or rates specified.
Additional costs incurred by us on account of any altercations made at the buyer’s request to quantities, delivery dates or rates of agreed changes in specifications shall be borne by the buyer.
2.1.2.            are based on current costs at the date of quotation and are subject to increase to the extent of any subsequent altercations in exchange rates, new or increased taxes, duties or other imposts or of any increase in the costs of relating to manufacture or delivery.
2.1.3.            are exclusive of VAT, which will be charged (where applicable) at the current rate at the time of delivery. 

3.                      Terms of Payment
3.1.                 Payment at net invoice price is due for UK trade 30 days after the date of invoice, however customers placing their first order will require a proforma payment and for export trade is due as specified by us prior to acceptance of the order.
3.2.                 Time for payment shall be of the essence of these Terms and Conditions
3.3.                 The prompt payment of accounts is a condition precedent of further deliveries and (without prejudice) we reserve the right to
3.3.1.            charge interest (as well after as before any judgement) at the rate of 5 per cent per annum above the base rate form time to time in force of Barclays Bank plc on the outstanding indebtedness from the date on which payment becomes due, such interest accruing on a daily basis and being payable without deduction of tax.
3.3.2.            cancel or suspend Aarons Promotions’ performance of the contract or any other including suspending deliveries of the goods:
3.3.3.            require the buyer to pay for goods prior to their despatch or collection from Aarons Promotions’ place of business: and
3.3.4.            charge the buyer the cost of obtaining judgement or payment to include all reasonable professional costs (including legal fees) and other costs of issuing proceedings or otherwise pursuing a debt recovery procedure.
3.4.                 The buyer must make all payments due under the Terms and Conditions without any deduction by way of set-off, withholding, counterclaim, discount, abatement or otherwise. 

4.                      Delivery
4.1.                 The time and place(s) of delivery shall be as specified in the buyer’s order, subject (where applicable) to Condition 7 below.
4.2.                 All delivery dates or periods are given from artwork approval and are to be treated as estimates only unless we have expressly undertaken in writing to guarantee delivery by a specified date. Deliveries may in any event be postponed or suspended without liability during any period in which circumstances of any kind outside our direct control hindered or prevent the manufacturer or despatch of the goods.
4.3.                 We reserve the right to supply plus or minus 10% of the quantity ordered.
4.4.                 If for any reason the buyer does not accept delivery of any of the goods when they are ready for delivery or Aarons Promotions is unable to deliver goods on time because the buyer has not provided appropriate instructions. Documents, licences or authorisations then the goods will be deemed to have been delivered, risk passing to the buyer (including loss or damage caused by the buyer’s negligence) and Aarons Promotions may store the goods until actual delivery whereupon the buyer will be liable for all related costs and expenses (including without limitation storage, re-delivery and insurance).
4.5.                 The buyer shall be deemed to have accepted the goods as being in accordance with the Terms and Conditions unless the buyer notifies Aarons Promotions in writing of any defect in accordance with clause 2. 

5.                      Cancellation
5.1.                 If the buyer cancels all or part of an order at any time the buyer shall forthwith upon demand reimburse us for any costs incurred by or on behalf of us in dealing with such cancelled order.
5.2.                 In addition to and without prejudice to subsection 5.1 above, in the case of cancellation (i) notified to us less than seven days before the due delivery date the buyers shall pay us 10% of the value of the cancelled order: and (ii) of an order for goods to be made in accordance with the buyer’s design, patterns or specification, if such cancellation takes place after all or part of such goods have been made or begun to be made then the buyer shall pay us the full agreed price of all goods made or begun to be made up to the time of cancellation. In such circumstances all fully or partly finished goods will be delivered to the buyer at his request and expense. 

6.                      Carriage & Packaging
6.1.                 Unless otherwise specified, the cost of carriage is charged extra. For UK trade, prices which include carriage cover deliveries to one single address in all mainland areas of England, Scotland and Wales.
6.2.                 Extra costs of delivery beyond the mainland (including and duty and landing charges), or of special delivery at the buyer’s request by passenger train or other express methods, will be charged to the buyer.
6.3.                 Our standard packaging, in cartons suitable for surface and sea carriage is included in the price, but any special packaging e.g. pallets for shipment, is charged extra. 

7.                      Loss or Damage in Transit
7.1.                 Where the price includes delivery we will at our option either repair, replace free of charge or credit shortages or goods lost or damaged in transit to UK buyers if
7.1.1.            in the case of damage or shortage, the buyer notifies both the carrier and us in writing within 7 days after the receipt of goods.
7.1.2.            in the case of loss, such notice is given within 14 days after they are dispatched.
7.2.                 Where the buyer specified the carrier, responsibility for loss or damage in transit lies with the buyer. 

8.                      Passing of Property and Risk
8.1.                 Risk of loss or damage of any kind to the goods shall pass to the buyer on delivery to his place of business or to his recognized agent or upon collection by his specified carrier.
8.2.                 Full legal, beneficial and equitable title to and property in the goods shall remain vested in Aarons Promotions (even though the goods may have been delivered and risk has passed to the buyer) until:
8.2.1.            payment in full, in cash or cleared funds, for all the goods has been received by Aarons Promotions: and
8.2.2.            all other money payable by the buyer to Aarons Promotions on any other account or under the Terms and Conditions or any other contract has been received by Aarons Promotions.
8.3.                 The buyer shall store the property in such a way as enables them to be readily identified as our property and shall keep them free from any charge or lien and at our request shall deliver them up to us or shall allow us to enter his premises to repossess the goods and subsequently resell them and recover from the proceeds of sale them sums owing to us and costs of such sale giving any remaining balance to the buyer.
8.4.                 Notwithstanding the provisions of 8.2 above provided that the buyer continues trading and is solvent and is not subject to any of the arrangements referred to in 14.1 then before we have received full payment of sums due to us from the buyer, the buyer may nevertheless sell the goods in the ordinary course of business as principal and we shall be entitled legally and beneficially to the proceeds of sale which, until full payment is made to us of sums owed by the buyer shall be kept by the buyer in a form which allows them to be identified as such proceeds of sale.
8.5.                 Aarons Promotions shall be entitled to maintain an action against the buyer for the price of the goods notwithstanding that legal, equitable and beneficial title to and property in the goods has not passed to the buyer. 

9.                      Defects
9.1.                 The buyer shall not be entitled to reject any goods which are defective or do not conform to description but we shall at our option and expense replace or refund the invoice values of any such goods if written particulars of the alleged defect or misdescription are received by us no later than 7 days after the date of invoice and the goods (if we so request) are returned to us carriage paid and, failing such request, the goods are held for our inspection. No liability whatsoever can be accepted for defects arising from further processing after delivery. 

10.                 Liability
10.1.              Nothing in these Terms and Conditions shall exclude or limit Aarons Promotions liability for death, personal injury caused by the buyer’s negligence or for fraudulent misrepresentation.
10.2.              Aarons Promotions liability in relation to these Terms and Conditions is in lieu of and to the exclusion of all warranties conditions or obligations imposed or implied by statute to the fullest extent permitted by law or otherwise in relation to the quality or description of the goods or their fitness for a particular purpose.
10.3.              Aarons Promotions shall not be liable for any economic loss or loss of profit (direct or indirect), or any indirect, special or consequential loss or damage howsoever caused, or any liability arising to any third party.
10.4.              The total aggregate liability of Aarons Promotions in connection with these Terms and Conditions whether for negligence or breach of contract or otherwise shall in no event exceed £5,000. 

11.                 Indemnity
11.1.              The buyer shall indemnify Aarons Promotions, its employees, sub-contractors and agents in full and on demand against all claims, demands, actions, proceedings and all direct losses, costs and expenses (including without limitation legal and other professional advisers’ fees, economic loss, loss of profit, future revenue, reputation, goodwill, anticipated savings) and any consequential loss for infringements or alleged infringement of third parties’ patent copyright industrial property rights and any other intellectual property rights made against or incurred or suffered by Aarons Promotions and whether or not such losses were foreseeable at the date of entering these Terms and Conditions. 

12.                 Catalogues
12.1.              The descriptions and illustrations contained in our catalogues, prices lists and other advertising matter are intended to represent a general idea of products and none of these shall form part of the contract. All such illustrations, specification, patterns and designs are our copyright. We reserve the right to alter specifications, patterns and designs at any time before acceptance of the buyers order. 

13.                 Insolvency etc. of Buyer
13.1.              If any distress or execution is levied upon the buyer, the buyer’s property or assets, or if the buyer makes or offers to make any arrangement or composition with his creditors or commits any act of bankruptcy or if any petition or receiving order in bankruptcy is presented or made against the buyer, or if the buyer is a limited company and any resolution or petition to wind up such company’s business is passed or presented otherwise than for a solvent reconstruction or amalgamation of if a receiver o such company’s undertaking property or assets or any part thereof is appointed, we shall (without prejudice to any claim or right we might otherwise make or exercise) have the right forthwith to determine the contract by summary notice.
13.2.              If any of the circumstances set out in condition 13 occur then Buyer shall make no sale disposal or use of any Goods to which the Seller has retained title and shall make such Goods available for collection by the Seller. 

14.                 Notices
14.1.              Any notice given hereunder by post, telemessage fax or e-mail to the recipient at his or its principal or registered office shall be deemed to have been properly served at the time when in the ordinary course of post or transmission it would receive its destination. 

15.                 Law and Jurisdiction
15.1.              The provisions of these Terms and Conditions of Business shall be construed and shall take effect in all respects in accordance with English Law and all disputes or claims arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts to which the parties irrevocably submit. 

16.                 Sub-contracting, Assignment and Third Party Rights
16.1.              The buyer shall not be entitled to assign, charge, sub-contract or transfer the Terms and Conditions or any part of them without the prior written consent of Aarons Promotions. Aarons Promotions may assign, charge, sub-contract or transfer the Terms and Conditions or any part of them to any person.
16.2.              The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no third party shall have the benefit of or the right to enforce these Terms and Conditions. 

17.                 General
17.1.              Termination of the Terms and Conditions for any reason shall be without prejudice to the rights and remedies which either party may have accrued up to termination.
17.2.              The waiver by either party of any breach of the Terms and Conditions shall not prevent the subsequent enforcement of that breach and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
17.3.              If any condition is held to be invalid for any reason, such invalidity will not affect the rest of the Terms and Conditions which will remain valid and enforceable in all respect.

Copyright © 2017 Aarons Promotions
Registered Address: 4 Pelham Court, Pelham Road, Nottingham, NG5 1AP - Registered Number: 5329506
Trading Addresses:
Nottinghamshire Office - Mercury House, Shipstones Business Centre, North Gate, New Basford, Nottingham, NG7 7FN
Leicestershire Office - 19 Mickleden Green, Whitwick, Coalville, Leicestershire, LE67 5PP

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