In these conditions Ashwyk and any individual firm, company or other party with whom Ashwyk contracts is called ‘the customer’.
A quotation given by Ashwyk is an invitation to the customer to make an offer. If a customer places an order with Ashwyk based on a quotation, a binding contract is formed.
Neither party shall be bound by any variation waiver of or addition to these conditions unless it is agreed in writing and signed by both parties. No employee or agent of Ashwyk has any authority to make any representation or warranty as to the efficiency, safety, suitability or otherwise of the goods, work or materials supplied or used.
Unless the contract states that the price quoted by Ashwyk will remain fixed. Ashwyk may vary the price to incorporate any increase in labour, overheads or
material costs that take place before the date of despatch of the goods. Any change requested by the customer in any of the terms of the contract will
entitle Ashwyk to revise the contract price.
Unless agreed otherwise in writing, the price of goods includes the cost of carriage to one address within the UK. Split delivery address requirements will
simply incur additional cost charges.
Whilst Ashwyk will make every endeavour to comply with any date for despatch or delivery stated in the contract, such dates will constitute only statements of
expectation and shall not be binding on Ashwyk. If Ashwyk fail to despatch or deliver by such dates, that failure shall not constitute a breach of the contract and the
customer will not be entitled to treat the contract as repudiated or to rescind it or any related contract in whole or in part or to claim damages for such failure.
The goods are at the customers risk from receipt. Where Ashwyk delivers the goods, it undertakes to repair or (at its discretion) to
replace any goods damaged in transit. If that happens the time for the delivery of the goods will be extended to cover the period that Ashwyk requires for such
replacement or repair. It is a condition precedent of this undertaking that (i) the customer will give written notice of the damage in transit with full
particulars thereof to Ashwyk within three days of receipt of the goods and (ii) if Ashwyk require, the customer will return the damaged goods within one week of receipt
Ownership of any goods will not pass to the customer until they have paid all the money they owe to Ashwyk. If the goods are incorporated in another object(s),
ownerships of that object(s) will immediately vest in Ashwyk as security for payment of all money owed. If the customer sells the goods or the object(s) in which
they have been incorporated whilst any money remains owing to Ashwyk, the customer will unconditionally assign to Ashwyk the customers rights to collect the
purchase price from the persons to whom such goods or object(s) have been sold. The customer hereby grants to Ashwyk an irrevocable license to enter at any
time any premises owned or occupied by the customer for the purpose of repossessing and removing any such goods or objects as aforesaid
the ownership of which has remained or has become vested in Ashwyk under this condition and Ashwyk will not be responsible for (and the customer will indemnify
Ashwyk against all liability in respect of) damage caused to such premises in such repossession and removal being damage it was not reasonably practical to avoid.
All accounts are considered proforma until such a time as the customer has been offered in writing a credit facility. Credit terms and limits are subject to the
discretion of Ashwyk. If the customer does not pay any invoice as requested, Ashwyk will have the right to withhold delivery of any further goods to the customer.
10. Specification and quantities
All weights, dimensions, statements as to performance and any other data relating to the goods supplied by Ashwyk are approximate only. Ashwyk will use all
reasonable endeavours to deliver the quantity of goods ordered. If there is a variation of less than 5% in the quantity produced, Ashwyk reserve the right to
either compensate the customer by crediting the unit cost balance of the order not fulfilled. Alternatively, Ashwyk may choose to produce the balance of the
order within a reasonable time of notification of the shortfall.
11. Design Rights
All design rights or intellectual properties rights associated with any work carried out by Ashwyk whilst working on behalf of the customer remain the property
of Ashwyk. The customer hereby authorises Ashwyk to reproduce any material supplied or any variation thereof until notified otherwise in writing. Ashwyk will not be
held in any way liable to the customer for any infringement of any intellectual property rights however caused.
12. Customer Property
Customer’s property and all property supplied by or on behalf of the customer will be held and carried at the customer’s risk.
In addition to other remedies Ashwyk have in respect of unpaid accounts they will have a general lien over all property of the customer that is in its possession.
After giving the customer 14 days written notice, Ashwyk may dispose of the customer’s property and apply proceeds towards the settlement of the debt. In
such cases, any cost associated with the storage and sale shall be added to the customers debt.
14. Materials Supplied
Ashwyk may reject any materials supplied or specified by the customers if in its opinion it is in any way unsuitable or defective. Where the customer supplies
finished artwork on disk or via any digital method, the artwork is deemed to be set in accordance with print output requirements. Ashwyk shall not be held
responsible for any factor which results in a flawed or substandard finished article for which the cause can be identified to be the nature of the disk set-up.
Ashwyk will be entitled to charge for any additional work that Ashwyk has to carry out as a result of late, unsuitable or defective material. Delivery may also be delayed.
15. Force Majeure
Ashwyk will make every effort to carry out the contract. However, it will not be liable for any failure on its part to perform arising from any cause outside Ashwyk’s control.
The customer hereby agrees to indemnify Ashwyk against any and all claims made by a third party arising from the performance of the contract whether they
are pursued to court or not.
17. Limit of Liability
All the terms of this contract are warranties and in the event of any breach, Ashwyk’s liability will be limited to the contract price. All complaints must be notified
to Ashwyk in writing within seven days of despatch of the goods by Ashwyk. Any concession granted by Ashwyk will not act as waiver of this provision.
The contract will be governed by and constituted in accordance with English law.