1. Conditions applicable
Unless otherwise agreed in writing by FanMedia these Conditions of Sale shall prevail over any terms or conditions stipulated, incorporated or referred to by the Buyer in their Order or negotiations (whether written or oral). The Buyer acknowledges that it purchases the goods in the course of its business.
2. Price
All prices included in calculations have regard to the price of raw materials, labour and all other overheads and expenses of Fanmedia’s business applicable at the date of such quotation. Fanmedia reserves the right to increase the price of the goods to reflect any increase in the cost to FanMedia due to any fact or matter out of the control of the Fanmedia. If FanMedia has accepted the order and thereafter agrees to any alteration or modification of goods or services which the Buyer has requested, the Buyer shall be responsible for all additional costs and expenses. The price confirmed excludes artwork and blocks for printed orders such costs if applicable will be charged separately.
3. Cancellation
Where a deposit is paid and work subsequently cancelled through no fault of FanMedia the deposit shall not be refundable. In the event that the Buyer should cancel an order without prejudice to any other remedy FanMedia will have the right to charge for work done including costs of administration time production time materials and proofing.
4. Terms of payment
The Buyer shall pay all sums due to FanMedia on date of Fanmedia’s relative invoice notwithstanding that delivery of the goods may not have taken place. If the Buyer fails to make payment in full on the due date then without prejudice to any other right or remedy FanMedia shall be entitled to cancel the contract and/or suspend any further deliveries or services rendered to the Buyer and/or appropriate any payment made by the Buyer to such of the goods as the FanMedia may think fit and/or charge the Buyer interest on the amount unpaid at the rate of 5% per annum above the Bank of England Minimum Lending Rate from the date of payment with interest accruing on a daily basis. The following methods are available to pay for FanMedia products: On line credit card transaction; cheque, BACS payment or Postal order(subject to £5 administrative fee). In each case FanMedia will ensure that your order and any payment information you provide is kept private and confidential. FanMedia will not retain any customer information beyond that reasonably necessary to confirm your order, dispatch the products and trace the delivery. FanMedia does not supply customer information to third parties other than as specifically stated herein (i.e. to enable the carrier to deliver the products). Where the buyer is using the online payment method, FanMedia uses a recognised online credit payment agency that has secure server software encryption to keep your transaction private and protected. Paying by this method will require the buyer to visit another website domain. FanMedia accepts no responsibility and shall not be liable for errors or omissions on the part of the credit payment agency which result in the disclosure of confidential information, loss, expense or damage howsoever arising to the buyer. It is the responsibility of the buyer to read the terms of business of the credit payment agency before using the service.
5. Risk and property
In the case of goods to be delivered at Fanmedia’s premises risk of damage to or loss of the goods shall pass to the Buyer at the time when FanMedia notifies the Buyer that the goods are available for collection or in the case of goods to be delivered at the Buyers premises at the time of delivery or if the Buyer wrongfully fails to take delivery of the goods the time when the FanMedia had tendered delivery of the goods. Notwithstanding delivery and the passing of risk in the goods the property in the goods both in law and in equity shall not pass to the Buyer until FanMedia has received payment of the goods in full in cash or in cleared funds. Until such time as the property in the goods passes to the Buyer the Buyer shall hold the goods as Fanmedia’s fiduciary Agent and Bailee and shall keep the goods separate from those of the Buyer and Third Parties and properly stored, protected, insured, clearly marked and identified as the Fanmedia’s property. Should the Buyer resell or otherwise dispose of the goods but not have accounted to FanMedia for the price of the goods and all other goods agreed to be sold by FanMedia to the Buyer and all other relevant monies it shall keep such proceeds of sale or other disposal that are due and payable to FanMedia in a separate bank account and separate from any other monies or property of the Buyer and Third Parties. Until such lime as the property in the goods passes to the Buyer Fanmedia shall be entitled at any time to require the Buyer to deliver up the goods to FanMedia and shall have irrevocable licence to enter upon any premises of the Buyer or of any Third Party where the goods are stored and re- posses the goods.
6. Delivery
Delivery of the goods shall be made by the Buyer collecting the goods from Fanmedia’s premises at any time after FanMedia has notified the Buyer that the goods are ready for collection or if some other place of delivery is agreed by FanMedia delivering the goods to that place. Any dates quoted for delivery are approximate only and Fanmedia shall not be liable for any delay in delivery of the goods. Time for delivery shall not be of the essence. Where the contract provides for the delivery of the goods by instalments each instalment shall be deemed to be the subject of a separate contract and non-delivery or delay in delivery of any one or more instalments shall not effect the balance of the contract or entitle the Buyer to cancel the same. It is the Buyers responsibility to unload the goods from the vehicle making delivery, if Fanmedias driver is obliged to unload the goods without assistance Fanmedia reserves the right to charge a reasonable sum for such service. Where palletised deliveries are requested or deemed necessary pallets will be charged extra. Pallets subsequently returned will be credited to the Buyer at the price originally charged. In addition to individual production times, delivery by air will take approx 10 days, delivery by ship will take approx 32 days. FanMedia shall not be liable for delay or failure to deliver products promptly if such failure arises due to force majeure or by reason of any delays occasioned by strikes, riots, lockouts or other labour trouble, war, fire, accident, mechanical failure, non-availability to FanMedia of manufactured stock, parts, or materials; delay or failure of delivery of the products to FanMedia by manufacturers suppliers or other persons; government action, legislation or regulation of any kind; Acts of God, or any circumstances whatsoever outside our reasonable control.
7. Liabilities
FanMedia shall be under no liability in respect of any defect in the goods or materials arising from any defect in any drawing, design, information or specification supplied by the Buyer. Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or quoted for the contract is not a contract of sale by sample. Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall be notified to the FanMedia within 48 hours from the date of delivery or in the case of latent defects within a reasonable time after the discovery of the defect and FanMedia shall be entitled to replace the goods. Otherwise, in the absence of notification to FanMedia in writing of any defect in the goods supplied the Buyer shall be deemed to have examined and accepted the goods in good condition and free from any defects.
8. Contact
with delicate substances Where the goods supplied consist of containers wrappers or other articles intended for use in connection with any food drug or substance of a volatile or delicate nature the Buyer shall satisfy itself that such food drug or other substance is not likely to be affected by any material used. FanMedia shall not be liable to the Buyer in respect of any claim alleging that such food drug or substance has been adversely affected and the Buyer shall indemnify FanMedia from and against all liability by Third Parties in respect of any claim that any such food drug or substance has been adversely affected and caused the Third Party loss damage or expense.
9. Property rights etc.
The Buyer shall indemnify FanMedia against all claims for infringement or alleged infringement of Third Party patent or other industrial property rights and all costs and expenses incurred in connection therewith arising from the execution of the Buyers order in accordance with the Buyers designs plans or specifications. The buyer may not at any time alter or deface any trademarks identified on the products with the intention of attaching or juxtaposing another trade mark, unless the buyer is in receipt of Fanmedia’s express prior permission in writing. We reserve the right to use your logo and fan design on our website or promotions unless otherwise instructed in writing.
10. Health and Safety
he use of any product should be supervised at all times by an adult. The buyer shall be responsible for ensuing that all statutory, government or local authority regulations are complied with in relation to the use of any products purchased from Fanmedia.
11. Copyright
All visuals, artwork and plates remain the property of the Fanmedia until paid for by the Buyer. All visuals, artwork plates and stereos submitted in connection with Fanmedias quotation are and remain Fanmedia’s copyright. Individual campaign creative and fan designs remain the intellectual property of FanMedia at all times. Profold Fans are protected by a European Community Design.
12. Proof-reading
No responsibility shall be accepted for any errors in proof which have been submitted to Fanmedia.
13. Quantity, gauge or dimension
FanMedia do not guarantee exact quantities or gauge or dimension in respect of any goods supplied and shall be deemed to have fulfilled their obligations under the contract by delivery or manufacture of a quantity plus or minus 10% of the quantity or gauge or dimension specified in the contract and the Buyer shall pay the contract rate for the actual quantity delivered. FanMedia reserves the right to make any changes in the specification of the goods which do not materially affect their quality or performance.
14. Colours and ink transfer
Whilst every endeavour will be made by FanMedia to match colours, exact matching cannot be guaranteed. FanMedia shall not be liable for damage resulting from any transfer of ink from printed substrate.
15. Force majeure
FanMedia shall not be liable for any failure to observe or breach of any of the terms hereof if the delay or failure was due either directly or indirectly to any cause beyond Fanmedia’s reasonable control such as but not exclusively acts of God, explosion, flood, earthquake, subsidence, fire or accident, war or threat of war or preparation for war, sabotage, collapse of structure, breakdowns, industrial action, difficulties in obtaining raw materials or any other cause whatsoever beyond its reasonable control.
16. Insolvency of buyer
If the Buyer enters a voluntary arrangement with its creditor or has a petition for an Administration Order with its creditors or becomes subject to an Administration Order or becomes bankrupt or goes into liquidation or a Receiver and/or Manager or Administrative Receiver is appointed FanMedia shall be entitled to immediately cancel the contract or any part thereof or suspend any further deliveries or require a cash payment before any delivery is made. If the goods have been delivered but not paid for the price shall become immediately due and payable.
