T&C’s

Terms and conditions of trading with Trademark Merchandising NI

1. All business done with Trademark Merchandising NI is bound by the below. No variation or modification of these terms and conditions shall be effective unless it is agreed between both parties and signed on their behalf.
2. Prices are quoted on a full prepayment basis, which would need to be received before the orders are processed. If the credit terms are offered/approved at any point by Trademark Merchandising NI(Trade references would be required unless the client is government funded), then standard payment terms apply which is the strict payment terms of 14 days from invoice date. This being the case, then invoices will then be dated and sent out on the day of delivery of goods to the Client. Under ‘The Late Payments of Commercial (Interest) Act 1998’, payments not received within the specified payment period will be subject to 8% over the current base rate and begins from the day after the payment period has expired and continues day to day until full payment is received.
3. Should a Client require overtime or additional expenses or costs; to expedite a delivery, an extra charge may be made.
4. The price for any goods ordered will be the price applicable at the date of placing the order and this price will be notified to the Client prior to the Trademark Merchandising NI’s acceptance of the Client’s order. All prices shall be subject to increase without notice due to circumstances beyond the Trademark Merchandising NI’s control.
5. Trademark Merchandising NI is entitled to charge VAT (At the current rate) whether it has or has not been included on a quotation or an invoice.
6. All samples ordered by a Client will be charged out at cost plus carriage plus a 20% handling fee.
7. Any work carried out at a Client’s request is chargeable. This also includes ANY alterations, corrections, amendments or costs of additional proofs.
8. No order submitted by a Client shall be deemed to be accepted unless confirmed in writing by letter or email by Trademark Merchandising NI.
9. At any time or point in the order process, Trademark Merchandising NI reserves the right to refuse a Client’s order at our discretion and for any reason without explanation.
10. Artwork and manufacturers proofs may be submitted for a Client’s approval and where such has occurred; Trademark Merchandising NI will not accept responsibility for any errors or omissions not noticed/corrected by the Client.
11. Where Pantone colour matches are requested, Trademark Merchandising NI shall endeavour to match colours as close as possible, however a 100% match cannot be guaranteed, and the reproduction of artwork will be to normal industry standards.
12. Trademark Merchandising NI reserves the right to alter design, material and product specification of any product without notice.
13. When processing reorders of goods, Trademark Merchandising NI will strive to, but cannot completely guarantee that the goods prepared will be exactly the same as those previously supplied.
14. All goods supplied by Trademark Merchandising NI remain the property of Trademark Merchandising NI until all of the outstanding account is fully paid.
15. Materials and tools used in the preparing of proofs and making dies, blocks, screens, jacquards, tools, masters, engraving and any setting-up shall remain the property of Trademark Merchandising NI.
16. Trademark Merchandising NI shall use all reasonable endeavours to deliver the correct quantity of goods ordered but there shall be allowed a variation of up to ten per cent (10%) in the quantity delivered. In the event of such variation Trademark Merchandising NI reserves the right to increase or decrease the price accordingly- This is an industry standard.
17. Risk of damage to or loss of the goods shall pass to the Client immediately upon delivery.
18. Every effort shall be made to deliver the goods on time however all delivery dates are estimates only; and the time of delivery shall not be of the essence of the contract unless otherwise agreed by Trademark Merchandising NI in writing. In no circumstances shall the Trademark Merchandising NI be liable to compensate the Client in damages or otherwise for any loss or damage sustained by the Client in consequence of any non-delivery or delay in delivery of the goods howsoever caused.
19. Any claim of non-delivery of the goods shall be notified to Trademark Merchandising NI within seven days of the date of dispatch of goods. If the Client does not notify the Trademark Merchandising NI accordingly, the Client shall not be entitled to make a claim in respect of the non-delivery of the goods and the Client shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
20. The Client shall inspect all goods immediately upon delivery and shall within three days from delivery notify Trademark Merchandising NI of any matter or thing; by reason of which they may allege that the goods are not in accordance with the contract. If the Client fails to give such notice within such period it shall conclusively be determined that the goods are as to quality, number, weight, volume and in all respects in accordance with the contract and that the Client has accepted them. The Client shall in this event have no right to reject the goods, but shall be bound to pay for the same accordingly.
21. Any and all property belonging to a Client; that has been supplied to Trademark Merchandising NI, will be held, worked on and carried at Clients risk.
22. In the rare event of faulty goods being supplied, credit will be given if such faulty goods are returned to Trademark Merchandising NI within seven days of the Client first becoming aware of faults or defects.
23. A charge will be made for all cancelled orders or if a Client postpones any orders for a period of 30 days or more, resulting in an additional cost or expense to Trademark Merchandising NI. Design/Typesetting work will be charged immediately on cancelled orders and at the end of the 30^th day for posponed orders.
24. All Cancelled orders must be made in writing/email.
25. Trademark Merchandising NI shall not be liable for indirect or consequential loss or for any loss to the Client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery.
26. Trademark Merchandising NI shall not be required to print or produce any matter which in its sole opinion is, or may be, illegal, or of a libellous nature.
27. All illustrations contained in Trademark Merchandising NI’s brochures, catalogues, advertisements, or price lists are approximate only and are intended merely to give a general idea of the goods described therein and shall not form part of the contract. Trademark Merchandising NI reserves the right to use a Client’s logo, advertisement or positive feedback in its brochures, catalogues, advertisements or price lists unless otherwise previously instructed by the Client in writing.
28. Trademark Merchandising NI shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any infringement of copyright, patent or design.
29. Every effort shall be made to carry out the contract however Trademark Merchandising NI  shall not be liable for any loss, damage, injury, failure, or delay in delivery arising from natural causes, human agency or otherwise beyond the control of Trademark Merchandising NI or its suppliers including, but without prejudice to the generality of the foregoing, the inability to obtain labour, raw materials or supplies, enemy action, acts of war, terrorism, civil commotion, accidents, plant breakdowns, interference by labour strikes, lockouts, acts of God or government, aircraft explosion, flooding, malicious mischief or theft, or any restricting regulation order act, or omissions or operations by any local or municipal authority or government department.
30. This agreement sets out Trademark Merchandising NI’s entire liability in respect of the goods. The liability of the Trademark Merchandising NI  whether in contract, tort, delict or otherwise, in respect of any defect in the goods or for any breach of these Terms and Conditions or of any duty owed to the Client in connection herewith, shall be limited in the aggregate to the price of the goods in question.
31. Failure by Trademark Merchandising NI at any time to enforce any of the provisions of this Agreement shall not be construed as a waiver by the Trademark Merchandising NI of such provisions or in any way affect the validity of this agreement.
32. In the event of any dispute between Trademark Merchandising NI and the Client, this agreement shall be governed by and construed in accordance with the laws of Northern Ireland and the Client consents to the exclusive jurisdiction of the Northern Irish Courts.