These are our standard Terms and Conditions, and our Customer Charter:
Customer Charter
The Duckwood Partners Ltd. Customer Charter briefly describes the manner in which we carry out our business. We strongly believe in establishing robust business relationships and partnerships, and we are dictated throughout our work by the following standards of personal and professional behaviour:
We never oversell ourselves, and we are completely open and honest.
We give you accurate expectations regarding costs, delivery and standards of service.
We are discreet and work with the utmost integrity.
We are always available for discussion regarding your requirements, and assure you of our complete attention at all times.
Standard Terms and Conditions
These Terms and Conditions apply to the Agreement between us pursuant to which we, Duckwood Partners Limited and Duckwood Marketing ("the Company") of The Shrubbery, 14 Church Street, Whitchurch, Hampshire RG28 7AB (registered office) shall provide the goods and services pursuant to your acceptance of our quotation. By signing and returning this quotation or emailing your agreement you have accepted an order of goods set out in the quotation and agreed to be bound by the Contract including these Terms and Conditions ("Terms").
Within these Terms, the following expression shall have the following meanings:
DEFINITIONS:-
"Artwork Approval" - The form of proof supplied to you and signed off by way of confirmation of agreement of the artwork to be used within the Contract.
"Client" - The person or firm ordering the Goods or Services.
"Company" – Duckwood Partners Limited.
"Contract" - The Order for Goods and Services as set out in the Quotation.
"Contract Price" - The total of all prices set out for the Goods and Services and Carriage set out on the Quotation as may be varied following Artwork Approval at the sole discretion of the Company.
"Goods and Services" - Shall be all those Goods and Services outlined and set out in the Quotation at the prices set out therein or subsequently agreed following final artwork approval.
"Invoice" - The final invoice delivered to the Client by the Company at the time of delivery of the Goods ordered.
General
A Contract shall be created between the Company and the Client upon a written Quotation or Proposal being accepted by the Client and showing that acceptance by signing the Quotation and either emailing or sending the signed Quotation back to the Company.
Variations to this contract can be agreed between the Company and the Client depending on the nature of the goods to be supplied, and the delivery and payment requirements.
Contract Price
The full price payable for the Contract shall be as quoted on the Quotation subject to the Company reserving the right to vary such prices according to any further requirements by the Client pursuant to the Artwork Approval (if applicable) and subject to extra charges for any further or extra artwork required over and above that stipulated on the Quotation. Any such variation shall be advised by the Company in writing.
Any request price variation by either the Company or the Client will require a new Quotation, or an extra Quotation for an extension or variation of the work originally agreed.
The charge for carriage of the Goods is at cost to the Client and over and above the amount for the Goods ordered and set out in the Quotation unless otherwise stated.
Expenses such as subsistence and travel costs will be agreed by the Company with the Client at the beginning of the contract, and stated in writing.
All prices set out in the Quotation are exclusive of VAT.
Terms of Payment
All invoices are payable within 14 days of the date of the Invoice.
If payment is not made on the due date set out above, interest may be charged at the rate of 4% above Base Rate prevailing at the time.
A deposit may be required at the sole discretion of the Company and payable at the time of acceptance of the Quotation.
Title and Risk to Goods
Risk passes to the Client immediately upon delivery of the Goods. However, the Goods remain the property and title remains in the Company until payment has been made in full under the Contract.
Until title of Goods has passed, the Client shall hold the Goods as bailee for the Company. In addition to any rights of tracing, the Company shall be beneficially entitled to the proceeds of sale of the Goods which shall be assigned to the Company. In addition to those rights of tracing, the Company may enter the Client's premises or under the premises under the Client's control in order to recover the Goods [and shall have the right to resell such Goods.]
Delivery
The Company will make every effort to achieve any quoted delivery dates and execute any obligations set out in the Quotation but will not be under any liability if delivery is delayed or prevented by events beyond their control. For the avoidance of doubt, time shall not be considered of the essence under the Contract.
Liability
The Company accepts no responsibility whatsoever for any inconsequential loss or indirect damage resulting from the Contract.
If goods are received by the Client in any way damaged upon delivery, the Client must advise the Company within 24 hours of delivery of the nature of the damage and must retain the Goods as delivered.
The maximum extent of the Company's liability for damaged Goods will be, at its sole discretion, a return of the Contract Price or replacement of the Goods depending on the circumstances.
Cancellation
No Contract may be cancelled as of right following signing of the Quotation. At the Company's sole discretion, a Contract may be cancelled either wholly or in part subject to timing.
Inability to Deliver
If for any reason the Client refuses to accept delivery of the Goods, then the Company reserves the right to charge for any costs incurred for storage, additional handling or transport charges.
The Company does not offer any guarantee whatsoever with regard to the Goods unless specifically agreed otherwise and stated on the Quotation.
Miscellaneous
These terms, the Quotation and any other document specifically referred to in any of those documents shall constitute the Contract and entire agreement between the parties and supersede any previous agreement or understanding.
Any notice required to be given to either party shall be addressed in writing to the Company at its registered office appearing above and to the Client at the address details given on the Quotation.
No failure or delay by the Company in exercising any of its rights under these Terms shall be deemed a waiver of that right. No waiver by the Company of any breach shall be considered a waiver of any subsequent breach.
If any provisions of these Terms are unenforceable, such provision shall be severed from the agreement and the remainder of the provisions shall remain in full force and effect.
These Terms shall be construed in accordance with English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
The Company may assign its rights and obligations under these Terms and in particular may use the services of Associates, but the Client may not assign its rights or obligations under this agreement without the express written consent of the Company.
Duckwood Partners Limited 2011
