Vivid Arts Terms and Conditions
 

1. GENERAL
(i) These Conditions shall govern all transactions into which Vivid Arts Ltd ('Vivid Arts') enters with its customers.
(ii) In these Conditions 'customer' shall mean the other party to any quotation, offer, order or contract with or by Vivid Arts, 'the goods' shall mean products manufactured or sold or services performed by Vivid Arts.
' Invoice' shall mean the document despatched to the customer requiring payment and containing specifically or by inference these Conditions;
' Proforma Invoice' shall mean an invoice sent by Vivid Arts to the customer requiring payment to Vivid Arts before despatch of goods;
' Order' shall mean the goods requested by the customer either by facsimile, electronic mail or by post on the customer's official order form or company letterhead;
' Delivery Note' shall mean the document accompanying the goods in their despatch and delivery from Vivid Arts to the customer on which Vivid Arts lists the goods despatched against the customer's order and on which the customer signs for receipt of the goods and returns a copy to Vivid Arts.
(iii) No conditions or stipulations in or attached to any form of order submitted by the customer, or otherwise sought to be imposed by the customer, and which are inconsistent with the conditions or which purport to add to or modify them in any way shall have any effect.
(iv) No person in the employment of Vivid Arts or acting or purporting to act as an agent of Vivid Arts has the authority to accept orders or supply goods on any conditions other than these conditions or to vary these conditions in any way whatsoever, except by written agreement between the customer and Sales Director of Vivid Arts.
(v) No previous dealings or course of conduct between Vivid Arts and any customer shall vary or replace or prevail over these Conditions in any circumstances.
2. PRICES & QUOTATIONS
(i) All prices listed in the Vivid Arts Price List are correct at the time of publication of the current edition thereof. Vivid Arts will make all reasonable endeavours to ensure that goods are available at these prices. Vivid Arts Ltd cannot be held responsible if supplies are unobtainable or otherwise un-saleable.
(ii) All quotations are made at current prices listed in the current edition of the Vivid Arts Price List but such quotations are subject to alteration in accordance with prices current at the time of despatch of the goods.
(iii) The prices quoted on Proforma invoices are only valid for the period specified thereon. If no period is specified thereon then the prices quoted are valid until the end of the calendar month in which the invoice was raised.
(iv) All prices quoted on invoices including Proforma invoices are subject to the addition of Value Added Tax at the rate current at the time of despatch.
3. PAYMENT & SETTLEMENT TERMS
(i) Customers who wish to open credit facilities shall apply in writing to Vivid Arts, quoting the credit limit required and the names and addresses of two current commercial references and one Bankers reference.
(ii) Vivid Arts retains the right to decline any application for credit facilities without giving any reason.
(iii) Credit accounts are subject to settlement by the customer in line with agreed terms. When payment is overdue Vivid Arts reserves the right to charge interest on the amount overdue at such rate as may be permitted by law from time to time.
(iv) When a credit customer is in default in the payment of any account then all sums owed to Vivid Arts by the customer on any account whatsoever become immediately due and payable in full.
(v) Where a cheque is offered by the customer in payment for goods, Vivid Arts reserves the right to delay the despatch of the goods pending the clearance of that cheque.
(vi) If for any reason the customer disputes the payment of any invoice, not withstanding this, he shall still pay all other invoices when they become due.
4. RETENTION OF TITLE
(i) The customer acknowledges that before entering into an agreement for the purchase of any goods from Vivid Arts he has expressly represented and warranted that he is not insolvent and has not committed any act of bankruptcy or being a company with limited or unlimited liability know of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver, administrative receiver or liquidator to partition for winding-up of the company or exercise any other rights over or against company's assets.
(ii) Goods which are the subject of any agreement by Vivid Arts to sell, (which expression means, without limitation, any order) shall be at the risk of the customer as soon as they are delivered by Vivid Arts to his vehicles or his premises on his instructions.
(iii) Such goods shall remain the sole and absolute property of Vivid Arts as legal and equitable owner until such a time as the customer shall have paid Vivid Arts the agreed price in full together with the full price of any other goods the subject of any other contract with Vivid Arts. The customer shall pay all legal and other costs incurred by Vivid Arts in recovering any amounts owing from the customer and for goods in which title has been retained by Vivid Arts.
(iv) The customer acknowledges that he is within possession of goods solely as bailee for Vivid Arts until such time as the full price thereof is paid to Vivid Arts together with the full price of any goods the subject of any other contract with Vivid Arts.
(v) The customer's right to possession of the goods shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a company, does anything or fails to do anything which would entitle any person to present a petition for winding-up. Vivid Arts may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
(vi) Vivid Arts Ltd does not trade on a “Sale or Return” basis. Any display stands and merchandising equipment that may be supplied are done so free on loan and remain the property of Vivid Arts solely and exclusively for display of Vivid Arts products. Vivid Arts reserves the right to reallocate any display stands in the event that these stands are not used for their intended purpose.
5. CARRIAGE & DELIVERY
(i) Vivid Arts reserves the right to charge carriage on deliveries as appropriate.
(ii) Delivery dates are given in good faith by Vivid Arts to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the times stated in any communication by and on behalf of Vivid Arts.
(iii) No liability for direct or consequential loss or damage arising from delay in the delivery of goods, including without prejudice to the generality of the foregoing any delays due to any Act of God, war, civil disturbance, strikes, lock-outs or any act outside Vivid Arts's control, will be accepted.
(iv) Although every attempt will be made to deliver complete orders, Vivid Arts reserves the right to deliver part orders and cancel all balance orders. Vivid Arts reserves the right to substitute any goods which for any reason whatsoever are not available at the intended
date of despatch with goods of similar style.
(v) The customer shall : -
a) Check all goods delivered by Vivid Arts and sign the delivery note for the goods in the presence of the driver;
b) Mark any discrepancies between goods ordered and goods delivered on the delivery note prior to signing; and
c) Refuse any goods found to be damaged and mark the delivery note accordingly.
(vi) Any claims over damaged goods or discrepancies between the goods listed on the delivery note and the goods delivered to the customer must be submitted to Vivid Arts with the full particulars of the order, the delivery note and any other relevant information in writing within three working days of the delivery, failing which Vivid Arts cannot accept liability. The submission of a claim within this time limit does not necessarily mean that Vivid Arts will accept liability in relation to such claim. A delivery note signed 'unexamined' is not sufficient to uphold a claim,
(vii) Where products are sold as a set, credit will only be given to actual damaged items. Broken items are to be retained for inspection.
6. GUARANTEES
(i) Vivid Arts gives no guarantee or warranty on goods supplied by Vivid Arts other than that given that by the manufacturers concerned or as provided with the orders.
(ii) Vivid Arts does not accept liability for consequential loss or damage arising from goods supplied by Vivid Arts.
(iii) All description, weights and dimensions issued by Vivid Arts are approximate only and are intended only to present to intending customers a general description of the goods to which they refer, and no warranties or representations are given or should be inferred therefrom.
(iv) Product may be supplied labelled and pre-priced. Whilst every effort is made to ensure the accuracy of retail prices, Vivid Arts shall not be held responsible for any errors and resultant losses
7. ORDERS
(i) Vivid Arts's trading policy is only to supply bona fid trade customers against official customer orders. The proper control and authorisation of official orders is deemed to be the responsibility of the customers. Vivid Arts cannot accept any liability for either the incorrect use or abuse of customer official orders.
(ii) Vivid Arts reserves the right at anytime and without explanation to:
a) Refuse to accept an order or to cancel an order
b) Suspend deliveries against an order whether or not an account is in arrears
c) Refuse cancellation of an order
d) Cancel unexecuted instalments of an order
(iii) No variation of an order will be recognised unless otherwise agreed by Vivid Arts in writing.
(iv) Vivid Arts retains the right to levy a handling charge where a customer cancels an order.
8. RETURNS
(i) Only faulty goods may be returned by the customer. Such returns requiring Vivid Arts's prior written consent.
(ii) Goods returned for credit must be accompanied by a delivery note quoting the number of Vivid Arts's invoice against which the goods were originally supplied and the reason for return.
(iii) Goods returned as faulty will be replaced or credited at the customer's discretion and the costs of returning these items will be refunded by Vivid Arts.
(iv) No liability can be accepted for loss or damage to goods returned by the customer.
(v) If there is a discrepancy between goods advised as returned and the actual goods received, Vivid Arts will only credit the goods actually received.
9. DATA PROTECTION
Details supplied may be held on an information retrieval system. Vivid Arts does not pass any marketing information to any third party. Vivid Arts will carry out credit checks with a licensed credit reference agency and a footprint (report) of that search will be left for other companies to view. If you do not wish us to conduct this check, please contact our accounts department.
10. COPYRIGHT
The copyright and all other intellectual property rights in all articles, lists, drawings, descriptions and other information produced by Vivid Arts shall remain the property of Vivid Arts.
11. LAW
These conditions are subject to and shall be construed in accordance with the Laws of England and the parties submit to the nonexclusive jurisdiction of the Courts of England & Wales.