1. INFORMATION ABOUT US
1.1 www.advancebarcodingsystems.com is a site operated by Labeltec Services. The Company’s main trading address is Unit 3 Saxon Business Centre, Windsor Avenue, South Wimbledon, London, SW19 2RR. The Company’s VAT number is [662336243].
2. THE BUYER’S STATUS
By placing an order through the Company’s site, the Buyer warrants that:
(a) The Buyer is legally capable of entering into binding contracts; and
(b) The Buyer is at least 18 years old;
3. HOW THE CONTRACT IS FORMED BETWEEN THE BUYER AND THE COMPANY
3.1 After placing an order, the Buyer will receive an e-mail from the Company acknowledging that the Company has received the Buyer’s order. Please note that this does not mean that the Buyer’s order has been accepted. The Buyer’s order constitutes an offer to the Company to buy a Product. All orders are subject to acceptance by us, and the Company will confirm such acceptance to the Buyer by sending the Buyer an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between the Company (Contract) will only be formed when the Company sends the Buyer the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch the Company has confirmed in the Dispatch Confirmation. The Company will not be obliged to supply any other Products which may have been part of the Buyer’s order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. APPLICATION OF TERMS
4.1 Subject to any variation under condition 4.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
4.2 No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
4.3 These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Products shall have no effect unless expressly agreed in writing and signed by the proprietor or in his absence the manager of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
4.4 Each order or acceptance of a quotation for Products by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Products subject to these conditions.
4.5 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Products to the Buyer.
4.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
4.7 Any quotation is given on the basis that no Contract shall come into existence until the Company despatches a Dispatch Confirmation to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
5. DESCRIPTION
5.1 The quantity and description of the Products shall be as set out in the Company's quotation or acknowledgement of order.
5.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract and this is not a sale by sample.
5.3 Whilst the Company endeavours to deliver the correct quantity, ordered contracts are conditional upon margins of 5 percent of work involving one process and 10 percent for work involving more than one process being allowed for overs or shortages in the cases of the supply of labels but the Company will be entitled to invoice the Buyer for the quantity of Products dispatched.
6. THE COMPANY’S STATUS
6.1 Please note that in some cases, the Company accepts orders as agents on behalf of third party sellers. The resulting legal contract is between the Buyer and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise the Buyer of directly. The Buyer should carefully review their terms and conditions applying to the transaction.
6.2 The Company may also provide links on our site to the websites of other companies, whether affiliated with the Company or not. The Company cannot give any undertaking, that products the Buyer purchase from third party sellers through the Company’s site, or from companies to whose website the Company has provided a link on the Company’s site, will be of satisfactory quality, and any such warranties are DISCLAIMED by the Company absolutely. This DISCLAIMER does not affect the Buyer’s statutory rights against the third party seller. The Company will notify the Buyer when a third party is involved in a transaction, and the Company may disclose the Buyer’s customer information related to that transaction to the third party seller.
7. AVAILABILITY AND DELIVERY
7.1 The Buyer’s order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7.2 The Company shall not be liable for any delay in delivery of the Products however caused and time for delivery shall not be of the essence.
7.3 The Products may be delivered by the Company in advance of the quoted delivery date but the Company reserve the right to make part deliveries by delivering the Products in more than one delivery.
7.4 The Buyer acknowledges that it is the Buyer’s responsibility to check all deliveries before signing for them, and that the Company is entitled to treat the Buyer’s signature (or that of the Buyer’s agent) as conclusive poof that all such Products as are signed for have been delivered.
7.5 The Buyer shall be deemed to have accepted the Products upon delivery.
8. RISK AND TITLE
8.1 The Products will be at the Buyer’s risk from the time of delivery. For avoidance of doubt, risk of any Products during carriage including damage or a partial or full loss of Products in transit is the Buyer’s and the Company advises the Buyer to insure against this risk.
8.2 Ownership of the Products will only pass to the Buyer when receive full payment of all sums due in respect of the Products, including delivery charges.
8.3 Until ownership of the Products has passed to the Buyer, the Buyer shall:
(a) hold the Products on a fiduciary basis as the Company's bailee;
(b) store the Products (at no cost to the Company) separately from all other products of the Buyer or any third party in such a way that they remain readily identifiable as the Company's property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
(e) maintain the Products in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.
8.4 The Buyer may resell the Products before ownership has passed to it solely on the following conditions:
(a) any sale shall be effected in the ordinary course of the Buyer's business at full market value; and
(b) any such sale shall be a sale of the Company's property on the Buyer's own behalf and the Buyer shall deal as principal when making such a sale.
8.5 The Buyer's right to possession of the Products shall terminate immediately if:
(a) the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
(b) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or
(c) the Buyer encumbers or in any way charges any of the Goods.
8.6 The Company shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Company.
8.7 The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.
8.8 Where the Company is unable to determine whether any Products are the products in respect of which the Buyer's right to possession has terminated, the Buyer shall be deemed to have sold all products of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.
8.9 On termination of the Contract, howsoever caused, the Company's (but not the Buyer's) rights contained in this condition 8 shall remain in effect.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on the Company’s site from time to time, except in cases of obvious error.
9.2 These prices exclude VAT and delivery costs, which will be added to the total amount due.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which the Company has already sent the Buyer a Dispatch Confirmation.
9.4 The Company’s site contains a large number of Products and it is always possible that, despite the Company’s best efforts, some of the Products listed on the Company’s site may be incorrectly priced. The Company will normally verify prices as part of the Company’s dispatch procedures so that, where a Product's correct price is less than the Company’s stated price, the Company will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Company’s site, the Company will normally, at the Company’s discretion, either contact the Buyer for instructions before dispatching the Product, or reject the Buyer’s order and notify the Buyer of such rejection.
9.5 The Company is under no obligation to provide the Product to the Buyer at the incorrect (lower) price, even after the Company has sent the Buyer a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Buyer as a mis-pricing.
9.6 Payment for all Products must be by cheque, credit or debit card.
9.7 Invoices paid by credit card will incur a 4%.processing fee which the Buyer agree is acceptable.
9.8 Subject to condition 9.11, payment of the price for the Products is due in pounds sterling.
9.9 Time for payment shall be of the essence.
9.10 No payment shall be deemed to have been received until the Company has received cleared funds.
9.11 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
9.12 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
9.13 If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of National Westminster Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
10. CONFIDENTIALITY
The Buyer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Buyer by the Company or its agents and any other confidential information concerning the Company's business or its products which the Buyer may obtain and the Buyer shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging the Seller's obligations to the Company and shall ensure that such employees, agents or sub-contractors are subject to like obligations of confidentiality as bind the Seller.
10. CONFIDENTIALITY
11. THE COMPANY'S PROPERTY
Materials, equipment, tools, dies, moulds, copyright, design rights or any other forms of intellectual property rights in all drawings, specifications and data supplied by the Company to the Buyer or not so supplied but used by the Buyer specifically in the manufacture of the Products shall at all times be and remain the exclusive property of the Company but shall be held by the Buyer in safe custody at its own risk and maintained and kept in good condition by the Buyer until returned to the Company and shall not be disposed of other than in accordance with the Company's written instructions, nor shall such items be used otherwise than as authorised by the Company in writing.
12. CANCELLATION OF CONTRACT/RETURN OF GOODS/REPLACEMENT OF DEFECTIVE GOODS
12.1 The Buyer will not have any right to cancel a Contract once it is accepted by the Buyer and no Product may be returned save at the absolute discretion of the Company.
12.2 the Company will not accept any products returned to the Company for credit or repair without the issue of written consent. In the event the Company agrees to the return of the Product the Buyer will be responsible for the cost of returning the Product to the Company and must obtain a product return number from the Company. This number must clearly be displayed on each returned Product. The Buyer has a legal obligation to take reasonable care of the Products while they are in the Buyer’s possession.
12.3 In the event that the Product is returned in an unacceptable condition due to the Buyer’s fault it will be returned to the Buyer at the Buyer’s cost and the Buyer will be liable for the cost of remedying such damage.
12.4 In the event of the Product being found defective of the date of delivery and a valid claim is notified to the Company upon receipt based on the Products delivered under the contract being defective the Company shall at the Company’s discretion be entitled to replace the products free of charge or refund any money received from the Buyer using the same method originally used by the Buyer to pay for the Buyer’s purchase. A handling charge of at least 20% will be made on all returns. Any Product accepted for credit must be complete, un-used and pristine condition including original packaging. Until the Product is acknowledged as having been received by the Company they shall remain at the Buyer’s risk.
12.5 Unless otherwise agreed in writing by the Company no credit for returned Products will be given other than by reason of defect.