International Law Systems Limited trading as Gadget Engraving (“The Company”)

 

TERMS AND CONDITIONS OF BUSINESS

 

1 Ordering and acceptance : By submitting your order you, “the Customer”, are offering to buy the service specified and allow the Company to use your personal details for supply of the service, including passing your details on to carriers.

 

2 Price : All work is carried out and goods are supplied in accordance with these Terms and Conditions of Business and the prices indicated on the Company’s prevailing price schedule and/or published on its website.  Any quotations given are normally based on this price schedule, but quotations may be offered for non-standard work.  VAT and carriage charges will be added to the prices where applicable.

 

3 Payment : Payment in full is required with the order and may be by cheque, credit or debit card. The Company reserves the right not to despatch goods paid by cheque until value has been received into the Company’s bank account.

 

4 Payments to dealers and affiliates : Commission payments are paid to dealers and affiliates monthly by cheque or bank transfer, based on the agreed commission rate on source-identifiable orders received by the Company.

 

5 Delivery : Whilst the Company makes its best endeavours to despatch goods within a very limited timeframe, any date of delivery specified is an estimate only. Time for delivery shall not be of the essence of the contract and the Company shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.

 

6 Preliminary work : Work carried out, whether experimentally or otherwise, at the Customer’s request, will be charged.

 

7 Proofs : Proofs are not normally submitted but, where specifically requested, a charge may be made.  No responsibility will be accepted, and the Company shall not be liable, for any errors in proofs approved by the Customer.

 

8 Agency : The Company accepts orders and instructions only on the basis that those instructing it do so as principals and are liable directly to the Company for payment of its account.

 

9 Non-assignment : The Customer may not assign the benefit or burden of any contract with the Company without the express written consent of the Company.

 

10 Claims : Claims arising from damage, delay or partial loss of goods in transit must be made to the Company and the carrier so as to reach them within three days of delivery, and claims for non-delivery within twenty-eight days of despatch of goods.  All other claims must be made to the Company within ten days of delivery or collection.

 

11 Liability :

 

a    The Company shall not be liable in any way for any loss of whatsoever nature sustained by the Customer or by any other person arising out of any errors in work produced or out of delay in completion or from any other cause whatsoever, save in breach of this Agreement.

 

b    The entire liability of the Company to the Customer in respect of any claim whatsoever for breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid or payable by the Customer to which the claim relates.

 

c     The Company shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

 

d    Where instructions or advice are received or given orally by the Company, the Company shall have no liability to the Customer or any other person for any misunderstanding or misinterpretation which may arise in relation thereto whether on the part of the Company, the Customer or any other person.

 

12 The Company’s obligations :

 

a    The Company shall provide its services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

 

b    The Company warrants that any service ordered will at the time of delivery correspond to the description given by the Company in its literature or on its website.

 

c     Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the goods and services provided by the Company.

 

13 Unlawful or tortious material : The Company shall not be required to engrave or reproduce any matter which in its opinion is or may be of an unlawful, criminal, tortious, scandalous, indecent or libellous nature. The Customer warrants, and the Company accepts material for production on the basis that those submitting the material have ensured it is free from defamatory matter and does not infringe copyright patent or design or any other third party rights.

 

14 Indemnity : The customer shall indemnify and keep indemnified the Company against all claims, costs, demands and expenses against the Company or any of its employees, howsoever incurred, arising out of the production or distribution by the Company of any matter that is or may be unlawful, criminal, tortious, scandalous, indecent or libellous, or that infringes or may infringe any copyright, patent or design or any third party rights whatsoever.

 

15 Difficulty and Force Majeure : Every effort will be made to carry out the contract, but its due performance is subject to cancellation by the Company or to such variation as it may find necessary or expedient as a result of difficulty in securing labour, materials or supplies, or as a result of any Act of God, terrorism, war, strike, lockout or other labour dispute, fire, flood, drought, legislation or any other cause beyond the Company’s reasonable control.

 

16 Jurisdiction : The Company’s relationship with the Customer will be governed by Guernsey law and will be subject to the exclusive jurisdiction of the Guernsey courts. Guernsey shall be the proper forum for any court or other dispute-resolution proceedings.

 

17 Nothing contained in these Terms and Conditions of Business shall affect the Customer's statutory rights as a consumer.