Terms & Conditions

Terms and Conditions

1. Definitions

The term “The Company” referred to in the following conditions means Kidd Promo and the Purchaser means the person, firm or company contracting with Kidd Promo.

2. Payment Terms

Where credit facilities have been agreed and relevant trade references have been received, the Purchaser shall pay the prices of all Goods free of all deductions on or before the thirtieth day following the invoice date unless otherwise agreed in writing. Otherwise all payments will be due on a pro-forma basis and no work will be carried out until payment is received. The Company reserves the right to charge interest on overdue monies at the rate of 5% per annum above The Bank of England base rate as published and varied from time to time. In addition, if the customer defaults on payment the Company reserves the right to place the matter in the hands of their debt recovery agents, without prior warnings in writing, and shall be entitled to a full reimbursement of any fees or disbursements paid to the debt recovery agents to aid recovery of monies outstanding.

3. Cost Variation

Quotations are based on current costs of production and are subject to amendment by the Company or at any time after acceptance to meet any rise or fall in costs.

4. Despatch

Time of despatch is given without any guarantee or penalty and is not a term of the Contract. Late delivery shall not entitle the Purchaser to terminate the Contract or refuse to take delivery of the goods or withhold payment of any part of the price of the goods and the Company accepts no liability for any loss or damage whatsoever and howsoever caused resulting from any delays in the delivery in any circumstances.

5. Force Majeure

The Company shall not be responsible for any failure to fulfil any term of its quotation, if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which are not within its immediate control, such as strikes, lockouts, fire, accidents, wars, riots or interruption of transit.

6. Damage or Partial Loss

The Purchaser must notify the Company and Carrier in the event of damage or partial loss in writing, within seven days of receipt of goods or materials. Any damaged goods or materials must be retained by the Purchaser until inspected by the Company or its representatives. In the absence of such written advice from the Purchaser to the Company and the Carrier, the goods will be deemed to have been received in a satisfactory condition.

7. Non-Receipt

The Purchaser must notify the Company or Carrier in the event of nonreceipt within FOURTEEN days of the date of advice of despatch. In the absence of such written advice from the Purchaser to the Company and the Carrier, the goods will be deemed to have been received in a satisfactory condition.

8. Ownership and Risk

(a) Risk. The risk in the goods passes to the purchaser upon delivery of the goods. The point of delivery is reached when the goods are delivered to the Purchasers premises or to the premises of a consignee named by the Purchaser.

(b) Ownership. i Title of the goods or materials shall not pass to the Purchaser until payment in full is received by the Company for the goods or materials and no other amounts then being outstanding from the Purchaser to the Company in respect of other goods supplied to the Purchaser by the Company. ii Before title has passed to the Purchaser under the terms of clause 8(b)i the Company shall have the right to recover or resell the goods or materials and by its representatives may enter upon the Purchaser’s premises for that purpose. iii Until payment due under all Contracts between the Purchaser and the Company has been made in full, the Purchaser shall hold the goods or materials for the Company and the Purchaser shall store or keep the goods or materials in a readily identifiable manner and in such a way as clearly to indicate that property remains in the Company.

9. Law

These Terms and Conditions shall be Governed and construed in accordance with Scots Law and the parties agree to submit the non-exclusive jurisdiction of the Scottish Court.

10. Acceptance

On acceptance by the Company of any order or on the acceptance by the Purchaser of a quotation the foregoing Terms and Conditions shall be deemed to apply. The Company shall not be bound by any condition contained in a Purchase Order Form if they are inconsistant with the foregoing Terms and Conditions and if there is any conflict between the Purchaser’s Terms and Conditions and the Terms and Conditions of which this Clause forms part then these Terms and Conditions shall prevail, unless agreed beforehand by us in writing.

Returns

Custom branded goods are non-returnable unless faulty.

Should goods be delivered faulty, incorrect or damaged The Purchaser must notify the Company and Carrier in writing, within seven days of receipt of goods or materials. Any damaged goods or materials must be retained by the Purchaser until inspected by the Company or its representatives. In the absence of such written advice from the Purchaser to the Company and the Carrier, the goods will be deemed to have been received in a satisfactory condition.

Delivery & Shipping

On completion of production, items will be shipped on a next day service where available. The general lead time (date of order to date of despatch) for branded goods is 10-15 working days from artwork approval. Deliveries are charged at cost and will be determined by the destination address as well as the dimensions of the consignment.

Time of despatch is given without any guarantee or penalty and is not a term of the Contract. Late delivery shall not entitle the Purchaser to terminate the Contract or refuse to take delivery of the goods or withhold payment of any part of the price of the goods and the Company accepts no liability for any loss or damage whatsoever and howsoever caused resulting from any delays in the delivery in any circumstances.