1. TERMS AND CONDITIONS FOR Bang Promo Merchandise
Please read these carefully before placing and paying for your order
2. PAYMENT TERMS
Credit Accounts- Payment is due in full within 30 days of invoice, unless different terms have been agreed with our accounts department
New Accounts -Payment is due before order goes to print. Following the first 1-3 orders your account will be reviewed and you can apply for a credit account
Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the right to invoice any such discounts which become overdue
4. PASSING OF TITLE AND RISK
4.1 The Risk in the goods shall pass to you on delivery.
4.2 All goods, delivered or not, remain our property until payment is received in full.
4.3 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 goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us an irrevocable license to enter your premises for the said purposes.
5. OUR PRODUCTS
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 material, email and our website no guarantee is given as to accuracy and no responsibility will be accepted for error in the description and any resulting loss.
6. DELIVERY DETAILS
6.1 Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods and we do not accept liability or responsibility for the actions of couriers or overseas shipping companies. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
6.2 Special rush deliveries can usually be arranged but will usually be subject to additional charges (e.g. rush print charges and rush delivery charges), which will be charged to you at current commercial rates.
7. QUANTITY VARIATION ON ORDERS
We shall be deemed to have fulfilled our contract by delivery of a quantity within 10% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered and invoices can be amended on proforma accounts and credit given.
8.1 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
8.2 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.
8.3 You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at the time of delivery.
8.4 Claims in respect of non-delivery must be made in writing so as to reach us within 4 days of the respected required delivery date.
8.5 We reserve the right to collect any defective products and replace them within a reasonable amount of time and accept no liability for any loss arising however so caused from this course of action.
9.1 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.
9.2 We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with notification of claims procedure set out in clause 8.
9.3 Nothing in these terms and conditions shall affect the right of a consumer.
10. CANCELLATION CHARGES ON ORDERS
Once we have received your signed approval to proceed with an order, we cannot guarantee our ability to make changes or cancellations. Bang Promo Merchandise will make every effort to comply with your cancellation request. If you have already signed your Final Artwork Approval Form, there will be a minimum charge of €50 to cover order entry and preparation costs. In addition, you are liable to pay the agreed upon price for any work that may have been completed up to the time that we are able to cancel your order. These charges may include but are not limited to setup charges, artwork preparation charges, carriage costs and restocking fees. All completed work and costs incurred will be the responsibility of the customer.
11. SAMPLES SUPPLIED
These will be submitted on approval and will be charged if not returned in good condition within 14 days.
12. OVERDUE CREDIT ACCOUNTS
12.1 No goods will be delivered on accounts, which remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts, at the rate of 5% above the Bank Of Ireland base rate from the date the account became due until 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.
12.2 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 if deemed necessary Court proceedings.
13. QUANTITY CHANGES TO ORDERS
Any changes in quality 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.
14. ARTWORK AND PRINTING
14.1 All artwork and print charges will be levied where necessary unless previously stipulated by us.
14.2 Where applicable the prices shown included printing one colour one position from camera ready artwork supplied, for additional positions or colours of printing please contact us to obtain an exact quotation.
14.3 Artwork that has been approved in writing, either electronically via email or signed and faxed or posted, is deemed the full and final responsibility of the client and we cannot be held responsible for any errors in artwork therein.
14.4 In order to print efficiently from the artwork you supply, it may be necessary to adjust or redraw your artwork. You will be advised of the changes made. No printing will take place until Bang Promo Merchandise 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.
15. PRINT AND PRODUCT COLOUR VARIATIONS
Due to the variety of materials and the imprinting processes utilised by Bang Promo Merchandise and its suppliers, no guarantee can be given to match exactly pantone numbers or colour samples provided by the client. Bang Promo Merchandise will endeavour to match as closely as possible to these colour references provided but cannot and will not be held liable for any further costs that may arise. Physical product colours may also vary from batch to batch and the client accepts we will not be held responsible for such. Where product colour is of paramount importance the client is responsible for requesting a physical sample. Charges can apply on pre production samples but can be sometimes discounted if order goes ahead.
16. SMALL ORDER CHARGES
Where you require a quantity smaller than the minimum quantity shown in the price list, this is normally possible but usually carries a small order surcharge. This is a minimum charge for us to set up machines etc.
17. MERCHANDISE CONSISTENCY
Please note that we encourage you to take the opportunity to review a sample of the actual product before you order in bulk quantity. It is important that you understand that these samples are representative in nature. While we are very careful about the suppliers and manufacturers we use, manufacturing variations are unavoidable and a natural result of the manufacturing process. By choosing to place and order with Bang Promo Merchandise, you are agreeing to accept merchandise with reasonable manufacturing variances in product material, color and packaging.
18. FUTURE PERMISSION TO USE YOUR LOGO
By requesting either a virtual sample or by placing your order with Bang Promo Merchandise, you are giving written authorisation and confirmation that you agree to the use of your logo/brand identity explicitly for the use of Bang Promo Merchandise throughout its marketing materials. Your logo/brand identity may be featured in either online or offline forms of marketing material in order for Bang Promo Merchandise to demonstrate it's portfolio of products and clients base. If you do not wish your logo/brand identity to be used by Bang Promo Merchandise in any
19. WEBSITE IMAGES
We make best efforts to provide clear and colour-correct product images on our site that best reflect the true nature of the products. However, web site images are inherently limited in their ability to communicate colour, scale, and detail. We want to remind customers to be careful about making assumptions about products from the site image alone. We strongly urge our customers to order actual samples. If you choose not to evaluate a physical sample, we cannot be held responsible for the difference between the image as it appears on your monitor and the final product.
20. FORCE MAJEURE
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 whatsoever to you.