1. Agreement: These conditions govern all contracts for the provision of goods and services and for the sale of transfer print, printed, embroidered, designed and digitising goods (hereafter referred to as ‘the goods’) between AGK PRINT AND DESIGN LIMITED. (hereafter referred to as ‘the Company’) and any Customer (hereafter referred to as ‘the Customer’) of the goods and/or services. These terms can only be varied with the written consent of the Company.
2. Orders: All orders for the supply of goods placed by the Purchaser with the Company are irrevocable unless otherwise expressly stated in writing by the Company. A confirmed order may only be cancelled or varied with the Company’s written consent and at the Company’s unfettered discretion. Such consent shall not in any way prejudice the Company’s right to recover from the Customer full compensation (including profit) for any loss or expense arising from such cancellation or variation of the original order.
3. Prices: The Company reserves the right to vary the price of the goods and other services from time to time and any time up to confirmation of order. All prices for goods are quoted exclusive of taxes and duty unless otherwise stated.
4. Payment and Credit: Payment is due at the time of confirming the order. Interest will be charged by the Company to the Customer on all overdue sums at the rate of 4% above the Base Rate, accruing daily (and such interest shall continue to be payable after any court judgement). The Company reserves the right to refuse to dispatch goods to a Customer whose credit account or payment is overdue and late payment surcharges may become payable. All goods remain the property of the Company until fully paid for.
5. Delivery and installation: The Company will use its best endeavours to deliver the goods on the required date for delivery, but does not guarantee to do so. The Company shall, under no circumstances whatsoever, be liable to the Customer for any loss, damage or expenses, whether caused directly or indirectly, by or from any delay in the delivery of the goods. In the event of delivery by third party carriers, claims for shortages or non-delivery must be supported by the carrier’s consignment or delivery note on which the goods have been signed and checked at the time of delivery. Notification of shortages or non-delivery must be made by telephone within 3 working days and in writing within 5 working days. Any loss or damage caused by the Customer after delivery is the sole responsibility of the Customer.
6. Specification: Description of materials, proportions, colours and shades are given as guidance only and reasonable divergence or difference may apply. Decoration positioning may vary between garments up to 300mm. Where large prints are placed on smaller shirts the Company does not guarantee complete straight print lines on these garments, this is due to the garments being removed from the platon and can usually be pulled back into shape. On occasions repeat orders may find that the garment colour is slightly different to the previous order. We can not guarantee the exact ink colour unless a pantone colour reference is supplied and even then we can not guarantee a 100% colour match. The Company cannot be held responsible for these changes. All artwork supplied by the Customer will be transferred on to a template depicting the size and positioning of front and/or rear views. The Customer will be required to provide a thorough check including size positioning and spelling prior to any transfer print and embroidery taking place. We will print your garment to match the proof. The Company cannot be held responsible for any errors including spelling mistakes which are identified in the artwork after the Customer has given their approval and work has commenced. All textile goods must be washed and cleaned strictly in accordance with the washing label instructions attached to the goods. The Company reserves the right to alter or amend specifications without prior notice. Inks used during the textile printing process will inevitably fade over time. The speed at which they fade will be dependent on many factors including washing temperature, number of washes, exposure to sunlight etc. The Company cannot be held responsible for fading ink colour(s) during use this is usually most noticeable with black ink.
7. Supplied Garments: All garments supplied by AGK PRINT AND DESIGN LTD have undergone rigorous testing for their stability throughout the process of transfer printing and embroidery as well as their overall quality. All garments supplied by AGK PRINT & DESIGN LIMITED are guaranteed to be processed successfully without damage. The Company cannot be held responsible for damage or loss which occurs to garments which have been supplied by the customer. Examples of damage may include, but not be limited to, the garments changing colour or shape due to heat, or damage caused by machinery malfunction.
8. Claims against AGK PRINT AND DESIGN LIMITED: All claims in respect of goods alleged to be defective and/or missing must be made in writing within 5 days from the date of delivery.
9. Set-off and Lien: No payments may be withheld and any counterclaims by the Customer may not be set-off against any payment due under this or any other contract. The Company shall have a general and particular lien on all money and property which the Customer owns or is entitled to possess which is in the possession of the Company or its agents which it may sell as the Customers agent to reduce the Customers debt to the company.
10. Force Majeure: The company shall not be under any liability of any kind for non-performance in whole or in part of its obligations under the contract due to causes beyond the reasonable control of the Company or of the Company’s suppliers or due to labour disputes.
11. Ownership of Goods: Property of any goods supplied to the Customer will not pass to the Customer until the goods are paid for in full by the Customer. Further, title to such goods shall not pass until payment to the Company of all amounts owing to it by the Customer on any account whatsoever. The Company has the right to recover from the Customer the cost of installation, removal, return transport and diminution in value of any such goods not paid for in full. If prior to making payment to AGK PRINT & DESIGN LIMITED, the Customer contracts to sell the goods to a third party, the title to such goods and the payment liability shall remain with the Customer.
12. Cancellations: Cancellations of confirmed orders placed by the Customer are at the sole discretion of the Company which may refuse acceptance of goods returned to the Company without permission. The Company does not trade on a ‘sale or return’ basis. All costs which are the result of cancellation of a confirmed order will be borne by the Customer.
13. Intellectual Property Rights: The Customer will indemnify the Company from and against all costs, claims, liabilities and damages which the Company may suffer or incur as a result of the Customer using, reproducing or exploiting any industrial or intellectual material or property rights without the consent of the Company.
14. Rectification of these Terms: If any of these terms, or any part of these terms, is unenforceable or void in law, it shall not affect the remainder of such terms or any other such term or otherwise affect the contract and shall be replaced by such valid term as is near as may be in effect to the original term.
15. Jurisdiction: All contracts between AGK PRINT AND DESIGN LIMITED and the Customers shall be governed by the laws of England and Wales. Any disputes arising there from shall be the subject to the jurisdiction of the English courts.
