1.INTERPRETATION: Definitions in these conditions, the following apply: Client: the customer of Your Gateway Ltd of which whom is ordering the from Your Gateway Ltd. Goods: the products or any part to them being ordered by the Client and supplied by Your Gateway Ltd.
Business Day: a day (other than Saturday, Sunday or public holiday). Specification: any specification.
2.CONDITIONS: These conditions apply to all orders with Your Gateway Ltd and supersede all others unless specifically signed and agreed to by a Director of Your Gateway Ltd. By placing an order with Your Gateway Ltd you on behalf of your company (Your Gateway’s client) constitutes acceptance that the following conditions (the following 1 through 15) are the only conditions that apply to the contract not withstanding any purported terms put forward by you at the time the order is placed and agreed to by a director of Your Gateway’s in writing.
3.PAYMENT TERMS: Payment terms (pro-forma, prior to delivery, upon delivery or 30 days end of month after delivery) will be stated at the time the order is placed. If payment terms are not specified, the contract will revert to payment required prior to delivery of the goods. If alternative payment terms are required, other than those listed above - prior authorisation must be sought from a director of Your Gateway Ltd.. For larger orders – it may be necessary for Your Gateway Ltd to request a deposit upfront in order to secure the order. This will be agreed at the time of placing the order and the balance will then become due on production of an invoice on delivery of the order
4.PASSING OF TITLE AND RISK: The risk of the goods shall pass to the Client upon delivery. All products, delivered or not, remain Your Gateway’s property until payment is received in full. In the event of non-payment by the Client for such goods Your Gateway will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these terms and conditions and Your Gateway shall be entitled to enter the property where the goods are stored and repossess and remove the same. The Client hereby grant us irrevocable license to enter your premises for the said purpose.
5.THE GOODS: 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 literature, email and the website no warranty is given as to accuracy and no responsibility will be accepted for error or miss-description and any resulting loss. Your Gateway Ltd reserves the right to keep samples/examples of products ordered and utilise (photograph, present samples to prospective clients, etc.) any and all products for the purpose of showcasing the types of products, processes and examples of past products in advertising print, on our website, in catalogues, at trade shows, in client meetings and in any other situation that Your Gateway Ltd chooses to showcase past completed orders.
6.QUOTATIONS AND CONTRACTS: Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you. All quotations are valid at the time of quoting errors and omissions excluded.
7.DELIVERY: Every effort will be made to deliver on time, but any delivery day or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. Lead times will be deemed to commence at the date that Your Gateway Ltd receives in writing the final artwork approval from the client. Deliveries will occur between the hours of 8am to 5:30pm Monday through Friday. No deliveries on the weekends unless specified.
8.QUANTITY VARIATIONS: Your Gateway Ltd shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of goods ordered and you will be charged at the contract rate for the actual quantity delivered.
9.CLAIMS: Any claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 business days of delivery. 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. Your Gateway Ltd shall not be liable for any loss or damage caused to the goods in transit unless loss or damage is noted at the time of delivery. Claims in respect of non-delivery must be made in writing in order reach us within 4 days from receipt of our invoice.
10.LIABILLITY: 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. We can accept no responsibility for loss or damage arising from the supply of goods under this contract. Nothing in these terms and conditions shall affect the right of a consumer.
11.CANCELLATION: A charge of 15% of the order total will be made on all cancelled orders, together with the charge for all work carried out up to the date of when the written cancellation reaches Your Gateway Ltd. In addition, Your Gateway Ltd reserves the right to add a disposal fee to the cancellation charges when applicable.
12.OVERDUE INVOICES: No goods will be delivered on accounts that remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts, at the rate of 20% per annum (charged at the daily rate of 0.0548%). 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 the Client.
13.QUANTITY CHANGES: Any changes in the quantity ordered must be made in writing to us prior to commencement of manufacturing. 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.COLOUR VARIATIONS: Due to the variety of materials and the imprinting processes utilised by Your Gateway Ltd and its suppliers, no guarantee can be given to match exactly pantone numbers or colour samples provided by the client. Your Gateway Ltd will endeavour to match as closely as possible to these colour references but cannot be held liable for any further costs that may arise.
15.FORCE MAJEURE: Your Gateway Ltd 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 to you.