Terms and Conditions
Terms & Conditions Of Use
Your access to and use of www.epslimited.co.uk (the “web site”) are subject exclusively and strictly to these Terms & Conditions of Use. These Terms & Conditions of Use are a legal agreement between us and describe the terms and conditions applicable to your use of our web site and the services we offer.
Exhibition & Presentation Solutions Limited rights
Exhibition & Presentation Solutions ("we/us") reserve the rights to:
- Change or remove (temporarily or permanently) the web site (or any part of it) without notice to you and you confirm that we shall not be liable to you for any such change or removal; and/or
- Change these Terms & Conditions of Use at any time, and your continued use of the web site following any change shall be deemed to be your acceptance of such change. It is your responsibility to check the Terms & Conditions of Use regularly for changes. If you do not agree with any change to the Terms & Conditions of Use you must immediately stop using the web site.
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material on the web site, the web site design, structure and graphics and all software and source codes connected with the web site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material contained within the web site is made available for your personal non-commercial use only. You may only access, view, copy and/or print pages from the web site for the sole purpose of you evaluating whether to and/or placing an order with us. Any other use of the material within the web site is strictly prohibited.
All content included on this web site (including, without limitation, our trade marks, logos, graphics, text, photos, designs, logos, icons, images, data and software) is our property, or belongs to our affiliates and/or licensors, and as such is protected by international and UK copyright and other intellectual property laws.
Links to other web sites
No mention of any organisation, company or individual, whether on these pages or on other web sites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organisations, companies or individuals.
- We take no responsibility for anything that might occur when you visit any other web site.
- When you click on a link you will leave this web site.
- We provide links to third parties only as a convenience to you.
All images, photographs, descriptive matter, specifications and advertising on this web site are published for the sole purpose of giving an approximate idea of the goods and services available. They will not form part of any contract with you and no warranty or guarantee shall be expressed or implied in any contract with you to purchase any of the goods or services advertised or published on our web site.
Any prices displayed on this web site are in UK sterling, and are only valid and effective in the UK. The prices exclude VAT unless otherwise states, and are subject to change if the applicable rate of VAT changes before your order is accepted.
Goods and Services
If we provide any goods and/or services to you outside of the European Union you will be responsible for paying any local sales tax and/or import duties arising at the delivery destination, which are not included in the price of the products.
Any orders you place with us will only be accepted and a contract formed once we have received payment in cleared funds. We will confirm our acceptance of your order on receipt of cleared funds by email (where a valid email address is provided).
We reserve the right at all times and at our sole discretion to refuse to accept any orders.
You warrant, represent and undertake that:
- You will use the Web site only in accordance with these Terms & Conditions of Use and only for lawful purposes and in a lawful manner; and
- All information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information.
Limitation Of Liability
The Web site and its contents are provided to you on an “as is” and “as available” basis without any representation, term, condition or warranty being given in relation to the Web site and its contents including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.
In addition, we exclude any representation or warranty that the information and/or facilities accessible via this web site are accurate, complete or current, or that this web site will be free of defects including, but not limited to, viruses or other harmful elements.
You assume all costs and risks arising as a result of its use of this web site.
We make no warranty that the Web site will meet your requirements or will be uninterrupted, timely, or error-free orthat defects will be corrected.
We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Web site and have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
We will not be liable in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with these Terms & Conditions of Use for: any economic loss (including without limitation loss of revenues, profits, contracts, business, anticipated savings, goodwill or reputation); or any special, consequential or indirect losses (however arising, including negligence) arising out of or in connection with your use of this web site.
Nothing in these Terms & Conditions of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions of Use by you or other liabilities arising out of your use of the Web site including your violation of any law or rights of a third party.
Each provision of these Terms & Conditions of Use shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part.
These Terms & Conditions of Use shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English court.
The laws of your country may be different from English law and there may be additional legal requirements for you to use our web site or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our web site and services and it is your responsibility to ensure that your use of our web site and services is legal.
Terms & Conditions Of Trade
1.1 ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller.
1.2 ‘Conditions’ means the terms and conditions of sale set out hereunder and any special terms and conditions agreed in writing by the Seller.
1.3 ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered.
1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller.
1.5 ‘Price’ means the price for the Goods excluding carrier, packaging, insurance and VAT.
1.6 ‘Seller’ means Exhibition and Presentation Solutions Ltd
3 Stokewood Road
Craven Arms Business Park
1.7 ‘Writing or Written’ includes facsimile transmission and comparable means of communication.
2. Conditions Applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods (whether written or orals) by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation of these Conditions (including special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. The Price and Payment
3.1 The price shall be the Seller’s written quoted price or, where no price has been quoted, the price set out in the Seller’s published price list current at the date of delivery of the Goods. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice.
3.2 Payment of the Price and VAT shall be due within 30 days of the date of the invoice. Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% above Lloyds TSB Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
4. Delivery of the Goods
4.1 Delivery of the Goods shall be made to the Buyer’s address on or before the Delivery Date. The Buyer shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.2 Time is not of the essence for the purposes of delivery.
5. Acceptance of the Goods
5.1 The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.
5.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
6. Ownership of Goods
6.1 The Seller and the Buyer expressly agree that until the Seller has been paid in full for any Goods supplied by the Seller to the Buyer.
- the Seller remains the legal owner of the goods;
- the Seller may recover the Goods (excluding any goods ownership of which had already passed to the Buyer) from the Buyer at any time and for that purpose the Seller, it’s servants and agents may enter upon any land or buildings upon which the goods are situated. If the Seller resells any of the Goods so recovered, the Seller shall give the Buyer credit for any sum received by the Seller in excess of the sums due from the Buyer to the Seller.
7. Warranties and Liability
7.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied statue or common law or otherwise are excluded.
8. Title and Risk
8.1 Title shall pass on delivery of Goods.
8.2.1 Notwithstanding delivery and the passing of risk in the Goods, or a other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due
8.2.2 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and the third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer shall be entitled to resell or use the goods in the ordinary course of its business.
8.2.3 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossesses the Goods.
8.2.4 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right of remedy of the Seller) forthwith become due and payable.
9. Remedies of Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any goods the Seller shall have no liability whatever to the Buyer is respect of those goods.
9.3 The Seller shall not be liable to the Buyer for the late delivery of short delivery of the Goods.
9.4 The liability of the Seller to the Buyer shall in any event be limited to the contract price and the Seller shall not be liable for any indirect or economic loss arising from any breach by the Seller of the terms and conditions of any contract between the Seller and the Buyer.
10. Force Majeure, etc
10.1 The performance of all contracts is subject to variation or cancellation by the Seller owing to any act of God, war, strikes, Governmental regulations or orders, national emergencies, lock-outs, fire, flood, drought, tempest or any other cause (whether or not of a like nature) beyond the control of the Seller or owing to any inability by the Seller to produce materials or articles required for the performance of the contract and the Seller shall not be held responsible for any inability to deliver caused by such contingency.
11. Governing Law
11.1 The Law of England shall govern the validity construction and performance of any contract to which these Conditions apply.
12. Data Protection Act 1998
12.1 The Buyer acknowledges that the Seller may make a search with a credit reference agency and keep a record of that search on computer or in manual records and may share information with other businesses.
12.2 The Seller may also make enquiries about the principal directors with a credit reference agency.