Terms & Conditions of Sale
Wrightsons British Tags Ltd
This Agreement contains the terms and conditions that apply to purchases of labels/tickets/packaging/promotional products (‘the Goods’) by Customers from Wrightsons British Tags Ltd (‘British Tags’).
An invoice will be provided to you (“Customer”) on all orders in the United Kingdom which will contain these very same terms and conditions.
On receipt of an order from Customer for the Goods as described on that invoice, Customer agrees to be bound by and accepts these terms and conditions.
These terms and conditions apply unless the customer has signed a separate purchase agreement with British Tags, in which case the separate agreement shall govern.
These terms and conditions are subject to change without prior written notice at any time, in British Tags’ sole discretion. However, Customer cannot make any variation to these terms and conditions without the written consent of a Director of British Tags.
This Agreement and any sales thereunder shall be governed by the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales
Customer agrees to pay in full for the Goods at the agreed price 30 days from the date of the Invoice.
British Tags reserves their right to title and property of the goods, until goods are fully paid for. The risk in the Goods shall pass to the Customer on completion of delivery. In the event of termination of the contract, British Tags may at any time require the Customer to deliver any Goods in its possession to which British Tags holds the title.
Goods are delivered to Customer’s invoice address, unless otherwise agreed in writing between British Tags and Customer. Delivery is completed upon the completion of unloading of the Goods at the invoice or agreed address. Any dates quoted by British Tags for delivery are approximate only, and the time of delivery is not of the essence. British Tags shall not be liable for any delay in delivery of the Goods that is caused by an event or circumstance beyond its reasonable control, or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
All goods supplied are subject to a quantity tolerance of +/- 10%, and shall be invoiced and paid for by customer in accordance with the quantity delivered.
Stockholding of goods may be agreed subject to client status and at the discretion of British Tags. Goods will be held in stock by British Tags and called off by the client as required. The maximum period of time for stockholding goods is 12 months. At the discretion of British Tags, invoices will be sent according to each call off, and after 12 months Customer is liable to pay for the stocks in full. Any balance stocks will be invoiced and delivered to Customer. Any variation to this would need to be agreed in writing with a director of British Tags.
Any claims for any discrepancy regarding quantity delivered, or regarding the quality of goods delivered, need to be made in writing within 7 working days of receipt of the goods by customer.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract between British Tags and the Customer.
British Tags reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
British Tags endeavours to provide the highest quality Goods and the quickest possible lead times. Where there is a clear defect with the Goods supplied, British Tags will offer to remake the Goods free of charge or to apply an agreed discount if the Goods are utilised. The Customer further acknowledges that responsibility for the design of the Goods lies with the Customer. British Tags shall not be liable for any failure or defect of the Goods under any of the following events:
the Customer makes any further use of such Goods after giving notice to British Tags of a clear defect;
the defect arises because the Customer failed to follow the British Tag’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
the defect arises as a result of British Tags following any drawing, design, or specification supplied by the Customer;
the Customer alters or repairs such Goods without the written consent of British Tags; or
the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions.
Customer agrees that British Tags makes no warranty of any kind, express or implied, as to the Goods, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. Customer agrees that British Tags and its agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of British Tags, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Goods and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Customer by any other party.
The extent of British Tags liability is solely to the value of the Goods supplied. British Tags does not accept any liability for costs involved in using incorrect Goods and other consequential losses.
Under no circumstances, including but not limited to negligence, shall British Tags, its suppliers and its third-party agents be liable to Customer for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if British Tags has been advised specifically of the possibility of such damages, arising from use of the Goods, such as, but not limited to, loss of revenue or anticipated profits or lost business. In no event shall British Tags’ total liability to Customer for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by Customer for the Goods.
British Tags does not warrant that any emails sent out by it will be free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage the Customer may suffer as a result of such destructive features.
British Tags is compliant with data protection law and principles. Please follow the links at the bottom of this page to view British Tags’ Statement of Privacy.
British Tags strongly recommends, where possible, sampling of the Goods or the provision of artwork proofs prior to production. British Tags guarantees commercially matching to approved samples. In the event that there is a failure to match British Tags undertakes to provide reasonable discounts or to remake the Goods free of charge. Where no sampling is made British Tags will endeavour to commercially match the specification given, however, this is at the risk of Customer. British Tags accepts no liability for any error not corrected by Customer when proofs are submitted.
British Tags shall use it best endeavours to meet lead times which are agreed. However, where delays arise especially due, but not limited, to machinery failures, British Tags will inform Customer of such delays as expeditiously as possible. British Tags accepts no liability of any consequential losses arising from such delays. However, Customer has the right to cancel the order for delay and Wrightson would offer reasonable discounts where appropriate.
Customer’s use of brand names and other proprietary or identifying demarcations (“Brand Names”) in breach of the intellectual property rights of third parties is the sole responsibility of Customer. British Tags accepts no liability whatsoever in this regard.
Customer agrees, at its own expense, to indemnify, defend and hold harmless British Tags against any claim, suit, action or other proceeding brought against British Tags by a third party, to the extent that such claim, suit, action or other proceeding brought against British Tags is based on or arises in connection with the Goods, including, but not limited to: (i) Customer’s use of the Goods; (ii) a violation of this Agreement by Customer; (iii) a claim that any use of the Goods by the Customer infringes any Intellectual Property or otherwise results in injury or damage to any third party; (vi) any misrepresentation or breach of representation or warranty made by Customer
All intellectual property rights in the Goods subsists in and shall remain the property of British Tags absolutely, whether as principal owners or as agents for third parties. For the avoidance of doubt, intellectual property rights owned by and/or provided by the Customer, including in respect of Brand Names, shall not be or become the property of British Tags.
This Agreement is personal to British Tags and Customer and Customer shall not assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of British Tags. British Tags reserves the right to assign or transfer its rights or obligations under this Agreement to another entity within its group.
Neither party shall be liable for any delay or failure to perform its obligations caused by any circumstances beyond its reasonable control including but not limited to industrial disputes.
Any notice to be served hereunder shall be writing and sent by recorded delivery to the address of the recipient as set out in this Agreement.
Without limiting its other rights or remedies, British Tags may terminate the contract with immediate effect by giving written notice to the Customer if:
the Customer commits a material breach of any term of the contract or these terms and conditions and fails to remedy that breach within 10 days of being notified in writing to do so;
the Customer fails to pay any amount due under the contract on the due date for payment;
the Customer takes any step or action in connection with its entering administration or other liquidation event or arrangement with its creditors; or
the Customer suspends or threatens to suspend or cease to carry on any or a substantial part of its business.
Notwithstanding the termination of this Agreement for whatever reason the provisions in this Agreement relating to Intellectual Property Rights, Liability and Warranty shall continue in full force and effect.
If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force
This Agreement contains the entire terms and conditions agreed between Customer and British Tags.