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 notwithstanding any purported terms put forward by you.
We reserve the right to alter any details or design of products illustrated without prior notice and while every effort is made to describe our goods accurately on sales literature, email and the website no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
Passing of Title and Risk
The risk of the goods shall pass to you on delivery. All goods, delivered or not, remain our property until payment is received in full. 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 terms and conditions and we shall be entitled upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable licence to enter your premises for the said purpose.
The first 5 orders that are placed with Smarter Promotional Ltd will be on a strictly 100% pro-forma basis unless special payment terms are pre-agreed in writing.
Credit will be available (up to a certain value, subject to status) for approved accounts, after the initial 5 orders. Payment must be made in full within 30 days of invoice date, unless we have agreed special settlement terms in writing. A late-payment fee of £25 will be applied to any invoices that remain unpaid over 30 days, and a further late payment fee of £25 and an interest charge of 5% will be applied to all invoices that remain unpaid over 60 days. All customers will be sent regular reminders to help avoid any late payment penalties. Additionally, should a payment exceed 60 days then credit will removed and all future orders will return to pro-forma basis.
Quotations and Contracts
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. All quotations are valid at the time of quoting error and omissions excluded.
Where applicable all prices are subject to VAT at the current rate. Prices quoted on this website are guide prices only subject to viewing final artwork. Once artwork and full specifications have been finalised, a quotation price will be confirmed.
Delivery and Lead Times
Every effort will be made to deliver on time, but any delivery day or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. Please note that certain things such as customs clearance and the weather can effect lead times with far east purchases. All deliveries will be charged at the prevailing rates applying at the date of such delivery. Special rush deliveries can usually be arranged but will usually be subject to additional charges (e.g. rush print charges and rush delivery charges) that will be charged to you at current commercial rates. Lead times will be deemed to commence at the date and time that Smarter Promotional Ltd receive in writing, “signed off” approval of the artwork that Smarter Promotional Ltd supplied to the client. Each product that is sold on our website is subject to its own lead time and can vary greatly from product to product, generally an order will not take more than 10-15 working days. Upon placement of order you will receive a Sales order that states our best estimated time of delivery.
We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
Claims & Returns
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. 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. You must examine all goods delivered at the time of delivery and confirm receipt. We shall not be liable for any loss or damage caused to the goods in transit unless loss or damage is noted at the time of delivery. Claims in respect of non-delivery must be made in writing so as to reach us within 4 days from receipt of our invoice. Upon receipt of written confirmation of rejected goods a sales person will be in contact to discuss the reason for the rejection. We reserve the right to refund, repair or replace any faulty or damaged stock. Emails can be sent to firstname.lastname@example.org or you can call our support line on: 01380 819430 where an agent will be waiting to assist.
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. 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 procedures set out in 7. Nothing in these terms and conditions shall affect the right of a consumer.
A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of written cancellation.
Samples of any of the items illustrated on our literature, website and emails are available upon request and will be charged at the lowest quantity rate + £9.95 Handling and Delivery – You can order these through our website.
No goods will be delivered on accounts that remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts, from the date the account became due until payment is received. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you. 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 through a third party or Court proceedings.
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.
Artwork and printing
All artwork and printing charges will be levied where necessary unless previously stipulated by us. Where applicable the prices shown include artwork, printing one colour one position, for Additional print colours and positions of printing extra fees are applicable and will be stated in your quotation and indicated on your sales order. Please note that printing can vary from product to product and print position may vary due to different print processes, you will be supplied a proof to approve before all printing takes place.
Changes to Artwork
In order to print efficiently from the artwork you supply, it maybe necessary to adjust or redraw your artwork. You will be advised of the changes made. No printing will take place until Smarter Promotional Ltd has received in writing your “signed off” approval of the artwork. In order to sign off your artwork we will send you an artwork approval form via email illustrating how your artwork will look on your chosen product. This MUST be checked thoroughly and signed off. The job will not commence until we have received in writing this signed off approval. You must notify us of any discrepancy in the artwork or order as we DO NOT accept any liability of any post-completion errors or omissions.
Due to the variety of materials and the imprinting processes utilised by Smarter Promotional Ltd and its suppliers, no guarantee can be given to match exactly pantone numbers or colour samples provided by the client. Smarter Promotional Ltd will endeavour to match as closely as possible to these colour references but cannot be held liable for any further costs that may arise.
Where you require a quantity smaller than the minimum quantity shown, this is normally possible but usually carries a small order surcharge, please contact us for an exact quotation.
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 to you.