Byways
The Premier Choice For Building Your Brand Vision Through First Class Service

Byways Terms and Conditions Of Sale

Definition

In these terms and conditions, Byways Limited is called the "Company" and the person, firm or other body with whom the Company contracts is called the "Customer".

Force Majeure

If due performance of the contract to supply Goods is affected by trade disputes, fires, accidents or other causes over which the Company has no reasonable control the Company shall be entitled by notice in writing to rescind the contract in whole or in part or to impose such variations as are necessary.

Stocks

Any stock of Goods held by agreement must be called off within six months from the date of acknowledgement of the contract and, if not called off within that period, will be forwarded to the Customer without further notification and invoiced to the Customer at the then current selling price.

Delivery

Delivery dates are quoted in good faith but the Company shall not be liable for any loss arising from late deliveries. No claim for faulty or damaged Goods, non-delivery or shortage of delivery will be entertained unless notice in writing is received by the Company within 14 days of the date of the invoice followed by a complete claim in writing within 28 days of the date of the invoice.

Quotations

Quotations are valid for 30 days and exclude V.A.T. and the cost of carriage. V.A.T. will be added to all invoices and carriage will be added on all deliveries. A partial charge will be made for origination.

Payment

Payment is due within 30 days of the date of invoice.

In the event of payment not being made by the due date, interest shall be charged on overdue accounts at 4% per annum above the Bank of England Bank Rate in force at the date of the invoice. Further, any agreement with the Customer as to stockholding may be cancelled by the Company and all stocks held on the Customer’s behalf may be forwarded to the Customer and invoiced for immediate payment.

In the event of non-payment by the Customer, or for any other just reason, the Company will have the right to share payment or other account management information about the Customer with the relevant Brand/Retailer.

Specifications

The Company will where applicable make every effort to match the colour of an existing material or original sketch but a perfect match cannot be guaranteed, nor can colour fastness, strength or non-shrinkage be guaranteed.

It is the Customer's responsibility to ensure that the Goods ordered are in every way accurate, correct and suitable for the purpose for which they are required notwithstanding that such purpose may be known to the Company. The Company is responsible only for producing the Goods to the specifications of the Customer and in accordance with these conditions.

If for reasons of speed or otherwise the Customer wishes the Company to proceed with an order prior to formal confirmation from the Customer, the Company will not accept responsibility for an error due to a misunderstanding of the order owing to the lack of formal confirmation.

Tolerances

The right is reserved to deliver within the following volume limits:

Label volumes - +/- 3% of the order volume.

The above tolerances apply to each individual label order. Every difference ordered in size, text or fibre type shall be regarded as a separate label order.

Goods will be supplied within the following dimensional limits of tolerance:

Care Labels - +/- 2mm width tolerance from the approved dimensions.
Length tolerance will be determined by the relevant approved dimension.
Tickets and Paper Labels - +/- 1mm from the approved dimensions.
Woven Labels - +/- 2mm from the approved dimensions.

Title

The Goods shall remain with the Company until the whole price has been paid, irrespective of whether the Goods shall have been used, or partially used. The Company shall be at liberty, if at any time the whole price has not been paid after it has become due, to recover possession of the Goods. Any sum paid on account of the purchase price shall be retained for the Company's use.

The Customer has no right to shall not be entitled to transfer or pledge or in any way charge by way of security for any indebtedness any of the Goods to its banker or any other third party without having obtained the prior written authority of the Company.

All origination remains the property of the Company unless by prior arrangement with the Company in writing.

Liability

Where Goods supplied are defective or delivery is delayed the Company's liability shall be limited solely to rectifying such defect and defective or delayed goods shall not form the subject of any claim for work done by the Customer or for any consequential loss, damage or expense whatsoever arising, directly or indirectly from the defect. The Customer shall indemnify the Company against all claims against the Company and costs incurred by the Company in respect of the infringement of any copyright trade mark or registered design resulting from Goods ordered by the Customer.

Nothing in these Conditions shall limit or exclude the Company's liability for:

(a) Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) Fraud or fraudulent misrepresentation;
(c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) Defective products under the Consumer Protection Act 1987; or
(e) Any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

Data Protection

All personal data that the Company may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

For complete details of the Company’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of customers’ rights and how to exercise them, and personal data sharing (where applicable), please refer to the Company’s Privacy Notice available at www.byways.co.uk.

Contract

The Contract shall be governed by English Law and these conditions and details in the acknowledgement of the Contract constitute the entire agreement between the Customer and the Company. No variation of these conditions (whether contained in any document or standard conditions of the buyer or otherwise) shall be applicable unless accepted in writing by the Company.

Acceptance of the Goods implies acceptance of these conditions.





Last Update: 17/07/2018

 

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