Terms and Conditions
You are strongly advised to read our Terms and Conditions of Business prior to placing your order.
If you have any questions relating to such, please contact us.
Unless otherwise stated in writing by ourselves, orders are only accepted on the following terms and conditions. Where these terms and conditions are contrary to any stipulations of the buyer’s terms and conditions the following are deemed to have been accepted by the prospective buyer and take precedence over all other terms and conditions as governed under English Law.
All prices are nett, ex-works and subject to VAT .
Cleared payment in full is required before shipment, either by cheque, via PayPal, or by a BACS direct payment to our bank account which is:
Bank: Barclays Bank,109/111 London Road, Tarpots, Benfleet, Essex SS7 5UH
Account name: Eclipse Flags Ltd.
Sort Code: 20-70-93
Account No: 43456978
Cheque payments should be sent to:
Eclipse Flags Limited,
11 Featherby Way,
Purdeys Industrial Estate,
Essex SS4 1LD
Cheques should be made payable to Eclipse Flags Limited.
ALL GOODS MUST BE PAID FOR WITHIN 2 WEEKS OF PRODUCTION
or a charge of 10% of invoice total per week will be incurred
Dimensions quoted are approximate and may vary . For all bespoke goods, the buyer will accept and pay for any variation. Unless otherwise agreed we might make reasonable variations in the manufacture of the goods. We shall not be liable of loss arising to the buyer from delay or failure arising from an act of God, war, civil disturbance, terrorist act, riot, industrial action or dispute, natural calamity, non-availability of materials, controls, restrictions or prohibitions of government or any other competent authority, fire, flood, sabotage, breakdown of plant or machinery or any other causes beyond our reasonable control.
If the buyer fails to collect or give delivery instructions or take delivery within 10 working days of being notified the goods are ready for collection or dispatch we shall (without prejudice to any other rights or remedies available to us) be entitled, but not bound, to store the goods at any available place at the buyer’s expense and such expense will be added to the cost of the goods.
The risk of loss or damage to the goods or caused by the goods passes to the buyer upon delivery to the carrier or leaving our premises (whichever is the sooner) but title in the goods will remain vested in Eclipse Flags and shall only pass from Eclipse Flags to the buyer upon full payment being made by the buyer of all sums due on whatsoever account or grounds to us by the buyer. In the event of the goods, whilst any such sums due as aforesaid, the buyer shall be the trustee for Eclipse Flags of the proceeds of such sale or to the claim for such proceeds and the buyer shall place such proceeds in a separate account. Nothing herein shall constitute the buyer our agent for the purpose of any sub-sale.
The buyer agrees prior to the payment of all sums due to Eclipse Flags on any account, we may at anytime enter the buyer’s premises and remove the goods there from and prior to such payment the buyer shall keep such goods separate and identifiable for this purpose. Once removed we may sell the goods to recover all sums due to us and we will return any balance to the buyer but we may pursue the buyer for any shortfalls as if it were a debt.
In the event of the goods becoming constituents of or being converted into other products whilst sums are due as provided in sub-condition (i) hereof we shall have the ownership and title to such reasonable proportion of the other products as if they were the goods and accordingly sub-condition (i) and (ii) hereof shall so far as appropriate apply to such other products subject the buyer’s right to the surplus of any monies realised by the said goods over those due to us provided herein.
In the event of the goods, or any products they become commingled with, being attached to any land the buyer acknowledges they shall not thereby become fixtures and fittings and they may be removed. We and the courier must be informed in writing (i) within 5 working days of the buyer’s receipt of our invoice if the goods have not been delivered amage to the goods which was evident (or would have been had the buyer examined the goods) upon delivery, and in the case of the courier by noting such deficiency or damage on the consignment note. Otherwise within 3 working days of arrival of the goods giving full details of the loss or damage / failing which we will not be liable for any loss or damage to the goods during transit.
Failure to make due payment in respect of deliveries or instalments under this or any other contract between the buyer and Eclipse Flags shall entitle us to delay, suspend or cancel any and all deliveries in whole or in part at our option. Unless notified in writing prior to dispatch the buyer will be liable to any additional charges arising from attempted deliveries during the normal working day if wrong delivery details are given, the postcode is incorrect, works are closed or we are unable to obtain a signature.
PLEASE READ CAREFULLY. THE FOLLOWING CLAUSES ARE IMPORTANT.
These clauses define the buyer’s rights in respect of loss or damage caused to the goods. The buyer is advised to read them carefully (the provisions of this clause do not affect the inalienable statutory rights of a consumer not acting in the course of business)
a) The buyer shall inspect the goods upon delivery. Goods signed for and then found to be in any way damaged, shall not be repaired, replaced or refunded and still be liable for payment in full. It is the responsibility of the buyer or his acting agent to inspect goods prior to signing received in good condition.
b) We will as regards goods manufactured by Eclipse Flags make good at our option by repair or replacement any defects therein due solely to defective workmanship or materials which are notified to us: In the case of any defect discoverable upon reasonable examination such a notification must be made within 10 working days from date of delivery, and in the case of any defect not discoverable upon reasonable examination such notification must be made within 10 working days from the date such defect is actually discoverable and in any event with 2 months of delivery provided that :
(i) The aforesaid obligations on our part shall not extend to defects caused by the buyer or it’s employees or agents’ wilful damage, negligence, incorrect storage, application, movement or installation (other than by ourselves or agents) or defects caused by fair wear and tear and
(ii) We are given reasonable opportunity following the above notification of examining the relevant goods.
(c) Save as herein set out and for liability for death or personal injury resulting from negligence. All express or implied conditions representation or warranties as to qualify or fitness of the goods or otherwise are expressly excluded.
(d) Save for liability for death or personal injury resulting from our negligence, we accept no liability under any claim howsoever arising from any loss over the figure of £500,000 (five hundred thousand pounds) or such greater figure as is from time to time the limit of liability of our insurers in respect of such claims. We take no responsibility for the infringement of any patent or copyright or registered design or trademark of any third party in the execution of the buyer’s instructions and it is the buyer’s entire responsibility to obtain any necessary licences or permissions and the buyer hereby agrees to indemnify us against all claims, actions, proceedings, costs and losses out of such an infringement
Proofs and visuals produced by Eclipse Flags are copyrighted. You are NOT permitted to have them reproduced or given to a third party without prior written consent as this infringes our rights which are protected by law and constitutes a breach of our legal rights and financial remuneration will be sought.
If the buyer is in breach of the terms and conditions of any contract with us (including breach of these conditions) and shall fail to remedy the same within twenty-one days of notice specifying the breach and requiring remedy (if the breach shall be remediable) This contract is governed by English Law. Any dispute arising out of or in connection with this contract shall be determined by the English Courts. In the event of any part of these conditions being ineffective for any reason, the remainder thereof shall constitute the conditions binding upon the parties.
Please note: We will always pull out all of the stops to complete your flag order within the specified time and will send out via a reputable “next day service” courier (typically City Link or XDP Express ) but we cannot be held responsible for any goods in transit once handed over to a third party.
These Terms and Conditions of Sale supersede any other terms and conditions of business which have hitherto been operative (January 2002).
By placing your order with Eclipse Flags you are deemed to have read and accepted these terms and conditions of business.