Terms & Conditions
STANDARD TERMS AND CONDITIONS AND GENERAL TRADING INFORMATION OF FLAGPOLE EXPRESS LTD
1. These terms and conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract not withstanding any purported terms put forward by you.
2. PAYMENT TERMS
All goods will be supplied when we receive payment in full unless a credit account has been opened after acceptance of banker’s reference and two (2) trade references. Payment is to be made within 30 days from the date of the invoice.
4. PASSING OF TITLE AND RISK
4.1 The risk in the goods shall pass to you on delivery.
4.2 All goods delivered or not, remain our property until payment is received in full.
4.3 Until such time as payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licensee to enter your premises for the said purposes.
5. PRODUCTS We reserve the right to alter any details or design of products illustrated without notice and while every effort is made to describe goods accurately within the Website no warranty is given as to accuracy and no responsibility will be accepted for error or miss description and any resulting loss.
Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to Increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you.
Where applicable all prices quoted are subject to V.A.T. at the current rate.
8.1 Every effort will be made to deliver on time, but any delivery date specified is a best estimate and no liability is accepted for any loss arising from delay or error in delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
8.2 Special rush deliveries can usually be arranged but will usually be subject to additional charges (e.g. rush print charges and rush delivery charges) which will be charged to you at current commercial rates.
9. QUANTITY VARIATION
We shall be deemed to have fulfilled our contract by delivery of a quantity within 10% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
10.1 Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery.
10.2 All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of the contract.
10.3 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery.
10.4 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice.
11.1 Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
11.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 10.
11.3 Nothing in these terms and conditions shall affect the right of the consumer.
12. CANCELLATION CHARGES
A charge will be made on cancelled orders, together with a charge for all work carried out up to the date of written cancellation.
13. If you decide to return any products it is your reasonability the product, you must not use it and must take good care of it whilst it remains in your possession. The Product must be returned to us undamaged and in the same state in which it was sold to you. Please note that the product must also be returned with the original packaging.
14 We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account a third party or Court proceedings.
15. QUANTITY CHANGES TO ORDERS
Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increase in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
16. ARTWORK AND PRINTING
16.1 All artwork and print charges will be levied where necessary unless previously stipulated by us.
16.2 Where applicable the prices shown include printing one colour one position from camera ready artwork supplied, for additional positions or colours of printing please phone to obtain exact quotation. The standard printing colours are cyan, magenta, black and yellow. We will match your own house colours as close as possible but where you specify non standard printing colours, there will be an additional special match charge.
17. SMALL ORDERS
Where you require a quantity smaller than the minimum quantity shown the price list, this is normally possible but usually carries a small order surcharge.
18. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising out of any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
19. Never fly flags or display banners in winds exceeding 35 km/h. If you are unsure of the quality of the area that you are installing a flagpole or banner system, we strongly recommend you consult a structural engineer.
20.Maintenance and inspection of Flagpoles, flags and banner systems is a legal requirement in three different statutory regulations,
The Health & Safety at Work Act requires;
"Maintenance of it in a condition that is safe and without risks to health"
Building regulations require;
"The inspection and maintenance of any services, fittings or equipment so provided"
Town & Country Planning regulations require;
"The advertisement must not endanger any person"
"Any structure or hoarding used must be maintained in a safe condition"
The owner is also responsible for the maintenance, inspection and necessary repair of the structure or area that it is fixed to in order to comply with the above Regulations.
It is imperative that the installation does not go ahead if it is apparent that the structure to which the product is being fixed to is inadequate to provide a fixing that is compliant with regulations or will lead to failure.
We as company is not obliged to provide a maintenance and inspection program however we do offer this service,
Owners are not obliged to take the maintenance contract offered by Flagpole Express Ltd.
Ultimate responsibility for maintenance and inspection rests with the owner,