Terms and Conditions
TERMS & CONDITIONS OF BUSINESS
1 In these Terms and Conditions unless the context otherwise permits or requires the following expressions shall have the following meanings.
2 “Company” means UP Promotions Ltd T/A Bloon (Company Number: 09313641) whose registered office is situated at 47-49 Romara, Pool Lane, Brocton, Staffordshire, ST17 0TY
3 “The Customer” means any person, firm or company requesting the Company to produce, supply or provide a product or service and includes any servant, agent or subcontractor of the customer
ACCEPTANCE OF TERMS AND CONDITIONS
2(1) Any business undertaken by the company or any information advice service supplied by the company, (whether charged for or not), is undertaken or provided subject to these Terms and Conditions which shall be terms of any contract for supply of goods or services between the company and the customer.
(2) These Terms and Conditions subject to and together with any variation agreed in writing between the company and the customer shall constitute the entire contract between the Company and the Customer and in particular shall operate to the exclusion of any Terms and Conditions at any time imposed by the Customer.
(3) The customer acknowledges that it has not entered into this agreement relying upon any representation made by or on behalf of the Company and without prejudice to the generality of the foregoing the Customer had to relied upon any correspondence statement or sales literature issued by or on behalf of the company.
3(1) All prices quoted, unless otherwise stated are ex-works Brocton, Staffordshire, and subject to an additional charge for packing and carriage. Prices are subject to the addition of Value Added Tax where applicable at the rate ruling at the date of invoice.
(2) Payments must be made before goods are dispatched unless credit terms have been agreed in writing by the Company. Settlement of credit accounts should be made Thirty days from the date of invoice. Settlement terms are strictly net and we reserve the right to charge interest on overdue accounts at a rate of 7% over the basic rate in force at the time declared by Lloyds Bank PLC, From the thirtieth day of the invoice.
(3) Some orders may require an additional deposit to cover any amount ordered above or over any agreed credit amount.
(4) Additional deposits will be payable immediately prior to any production or service commencing.
(5) Deposit payments are non-refundable.
SUPPLY OF GOODS
4(1) The contract shall require the Customer to give particulars sufficient to enable the Company to deliver at the time or times within the estimated completion date.
(2) Where the customer must perform any act to enable the Company to deliver the goods, such act must be performed as to enable the company to make delivery within the time stipulated. If default is made in performing such act and the company is thereby unable to deliver within the contract time. , the company shall have the right to cancel any deliveries and any loss sustained by the company shall be paid by the customer.
(3) If by the completion date (subject to any extension agreed upon) any goods under this contract have not been taken up by the Customer the company shall have the right to cancel any goods which they have been prepared to deliver but not been taken up. Any cancellation under this clause shall not prejudice the right of the Company to claim damages against the customer.
(4) The company reserves the right to impose cancellation charges if a customer’s order is cancelled through no fault of the Company.
(5) The company reserves the right to charge for storage of the goods where the customer fails to give delivery instructions within fourteen days of it being notified the goods are ready for delivery or collection.
(6) All sizes quoted are approximate. All bulk quantity products over 500 pieces are supplied subject to variation in quantity unto 10% over or below the quantity ordered.
(7) The company shall not be liable in any way in respect of late delivery howsoever caused, such failure shall not be deemed to be a breach of the Contract. Any suggested delivery or completion date is given as an estimate only and is not to be of the essence of the contract.
(8) The company will not accept responsibility for any loss arising from the non availability of materials or the delay or lack of delivery of goods arising from causes beyond our control.
(9) In the case of delivery of goods arising from causes beyond our control the Customer will not be entitled to treat delivery of faulty goods in any one installment, or the late delivery of any one installment as a repudiation of the whole contract.
(10) The risk in the goods passes to the customer upon delivery or collection to or by the courier/delivery company, but the title in the goods remains vested in the Company and shall only pass to the Customer upon full payment being made. The customer agrees that prior to the full payment being made the Company may at any time enter upon the Customers premises and remove the goods there from.
(11) Cancellation of any order must be given in writing (to the registered business address) within 72 hours of the order confirmation.
(12) The supply of samples will not be guaranteed for a specific date by the company. The company will not deem to have failed on its part of any contract by the failure to supply samples for a set date.
LIMITATION OF LIABILITY
5(1) The company shall not be liable for any consequential loss of the Customer of what so ever nature arising from any breach of Contract on the part of the company.
(2) Insofar as the company is liable for any cost claim or demand whatsoever of the Customer, the liability of the company shall be limited (at the discretion of the Company) to:
(a) Replacing the defective goods
(b) Making good the defect
(c) Allowing a part or full credit for the cost of the defective goods or work done on them by the company
(3) The company reserves the right to cancel a Contract or an Order if the customer breaches any terms of any Contract with the Company or enters into receivership or liquidation or commences legal proceedings which involves the Customers solvency.
(4) The company operates Monday to Friday business hours from 8:30am – 5:30pm. All communication received outside of these hours will be dealt with on the following working day.
(a) By prior arrangement or in exceptional circumstances the company may operate outside of its standard business hours.
DESIGN AND PRODUCTION
6 (1) The company does not guarantee to supply an exact replica of a customers design, but will use its best endeavours to produce a fair representation within the acceptable limitations of inflatable design and production.
(2) The company will use its best endeavours to reproduce the designs and colour schemes to the Customers brief, but the Customer accepts the limitations of fabric colours, paints and inks available, and any variation from the specified shades caused by application top the product.
(3) The Company retains the copyright of its own designs and accepts no responsibility for infringement of patent or copyright or registered design of any third part incurred in carrying out the Customers directions.
7(1) The company does not accept responsibility for the suitability or any particular end use of the goods supplied unless previously agreed by the Company in writing. The Customer acknowledges limitation of inflatable’s & balloons depending of aerodynamic and acrobatic principles and climate conditions. It is the customers responsibility to guard against negligence in handling or utilisation in weather conditions when the use of an inflatable or balloon is not recommended.
(2) It is the Customer’s responsibility to ensure that the use to which any merchandise supplied by the Company is put, complies with requirements of Local Planning Authorities and their infringement thereof the Customer will not be entitled to compensation for any breach of Contract sales.
(3) The safe operation of “bouncers” (defined as a large inflatable model, on which children may bounce.) and inflatable play is the responsibility of the Customer.
(4) In respect of helium filled inflatable’s, no guarantee can be given of helium requirement, usage or leakage through fabrics or materials of manufacture.
(5) Up Promotions Ltd T/A Bloon will endeavor to help obtain CAA permission, however no guarantees can be made as to if permission will be granted. Customers are responsible for renewing permissions.
(6) Helium tanks not returned after the first month will incur rental charges of £15+ VAT per tank per month.
8 In other than warranty cases relating to faulty goods the Company is under no obligation to undertake repairs to damaged inflatable’s, balloons or goods, Where the Company does agree to undertake repairs these will be carried out to the best of its ability taking account the nature of the repairs, condition of the inflatable, balloon or product and reasons for damage. No guarantee can be given as to air or helium retention after any repair by the Company.
NON DELIVERIES AND DAMAGE
9 The company and the carrier must be informed in writing if within seven days of the Customers receipt of invoice of the goods have not been delivered.
10 The company and the carrier must be informed in writing if within three days of arrival of the goods, in the event of any deficiently or damage.
11 The contract shall be interpreted in accordance with the laws of England and Wales.