Terms & Conditions

1. General
In these Conditions the Company means ‘Award Publications Limited’. ‘The Customer’ means the person, firm or Company from whom an order has been received; to whom a quotation has been given or with whom the Company has a Contract. These conditions shall form the Contract between the Company and the Customer. These conditions shall apply except so far as expressly agreed in writing by the Company and shall supersede any terms and conditions proposed by the Customer.

2. Pricing and Availability
Prices listed are correct at time of publication; the Company reserves the right to amend prices at any time without prior notice. Orders are accepted on condition that goods will be invoiced at prices ruling at date of invoice. Where goods are to be supplied from stock, such supply is subject to availability of stocks at date of delivery. Should any goods be unavailable orders will be supplied without these items. Dues are not recorded unless agreed in writing, or order quantity reaches carriage paid status i.e. £500.00 nett.

3. Delivery
Delivery dates, if given, are approximate and the Company will make all reasonable efforts to honour such dates. The Company will not be liable in any circumstances for the consequences of any delay in delivery or failure to deliver. No delay shall entitle a customer to reject any delivery of any order or to cancel or repudiate any Contract. The Customer shall not be entitled to reject any delivery by reason of short delivery.

4. Loss or Damage in Transit
The risk in the goods passes to the Customer on delivery to the destination in mainland Great Britain stipulated in the Contract or if goods supplied for export, when delivered to the carrier on the mainland of Great Britain and the Company accepts no responsibility for any shortage, damage or loss in transit thereafter. If upon delivery or thereafter any of the goods appear to be defective or short delivered, the Customer must advise the Company in writing within 7 days of receipt of goods, quoting invoice and order numbers, otherwise credit or replacement cannot be allowed.

5. Terms of Sale
All goods are sold on a firm sale basis. No returns will be accepted unless they are in perfect condition and authorised beforehand in writing by the Company. Unauthorised returns will not be credited to the Customer and may be sent back to the Customer in each case at the Customer’s expense.

6. Payment Terms
Payment terms for customers with agreed credit accounts are 30 days month-end i.e. payments for goods supplied must be received by the Company by the end of the month following the month of invoice, unless otherwise stated and agreed in writing. Orders for customers who do not have agreed credit accounts will only be accepted against prepayment in full. Orders invoiced on a pro-forma basis will be held pending payment for a period of 12 weeks, and will thereafter be cancelled if payment is not received. The Company reserves the right to charge interest on overdue payments at the rate of 1% above the base lending rate of National Westminster PLC at the time of invoicing, and to recover from the Customer all expenses (including legal costs) incurred by the Company in obtaining payment on overdue accounts. The Company reserves the rights to withold further supplies in the event of credit limit or period being exceeded, or the Customer being in breach of these terms and conditions.

7. Retention of Title to Goods
a) Legal and beneficial ownership of goods shall remain with the Company until payment in full has been received by the Company: (i) for those goods (ii) for any other goods supplied by the Company (iii) of any other monies due from the Customer to the Company on any account
b) Until property in the goods passes to the Customer under paragraph (a) above, the Customer shall: (i) be bailee of the goods (ii) keep the goods separately and readily identifiable as property of the Company
c) (i) notwithstanding paragraph (a) above the Customer may (as between it and its customer only) as principal in the ordinary course of its business sell the goods by bona fide sale at full market value or in the ordinary course of its business use the goods (ii) goods shall be deemed sold or used in the order that they were delivered to the Customer (iii) any resale by the Customer of the goods in which property has not passed to the Customer shall (as between the Company and the Customer) be made by the Customer as agent for the Company
d) (i) If goods in which property has not passed to the Customer are mixed with or incorporated into other goods the property in those other goods shall be held on trust by the Customer for the Company to the full extent of the sums recoverable by the Company under paragraph (a) above (ii) The proceeds of sale of any goods and any other goods referred to in paragraph (d) (i) above shall be held by the Customer in trust for the Company and to the extent of all sums recoverable by the Company under paragraph (a) above (iii) the Customer shall keep any proceeds of sale as referred to in paragraph (d) (ii) above in a separate account and the Company shall have the right to trace such proceeds (according to the principles in re Halletts estate (1880) 13 Ch D 696) (iv) Upon accounting to the Company for the entire proceeds of sales made under paragraphs (c) (iii) and (d) (i) above, the Customer will pay to the Company a commission equivalent to the difference between the sums owed to the Company and the value of such proceeds
e) The Customer assigns to the Company all rights and claims the Customer may have against its own customers and others in respect of goods specified in paragraphs (c) (iii) and (d) (i) above
f) At any time prior to property in goods passing to the Customer (whether or not any payment to the Company is then overdue or the Customer is otherwise in breach of any obligation to the Company) the Company may without prejudice to any other of its rights: (i) retake possession of all or any part of the goods and enter any premises for that purpose (or authorise others to do so) which the Customer hereby authorises (ii) require delivery up to it of all or any part of the goods (iii) terminate the Customer’s authority to resell or use the goods forthwith by written notice to the Customer which authority shall automatically terminate (without notice) upon any insolvency of the Customer or it going into liquidation (as defined in the Insolvency Act 1986) or it having a receiver or administrative receiver appointed or calling a meeting of its creditors or any execution or distress being levied or the goods in its possession
g) The Company may at any time appropriate sums received from the Customer as it thinks fit notwithstanding any purported appropriation of the Customer
h) Each paragraph and sub-paragraph of this Clause 7 is separate, severable and distinct

8. Carriage
Delivery of goods within the UK and Eire will be freight free to orders over £500.00 nett, otherwise part carriage will be payable. Delivery of goods outside the above areas will be on an ex-works basis unless otherwise agreed in writing by the Company

9. Applicable Law
This agreement shall be governed and construed in accordance with the laws of England and the parties hereto submit to the jurisdiction of the English Courts.