Terms & ConditionsBack
WEBSITE TERMS AND CONDITIONS
These terms and conditions apply to all Contracts entered into by the Company.
The term 'Kal Group' or 'us' or 'we' refers to the owner of the website whose registered office is Unit 3B&3C, The Pattern Store, Station Approach, Marshall's Yard Retail Park, Gainsborough, Lincolnshire, DN21 2AU. Our company registration number is 4049748. The term 'you' refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) . We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Island, Scotland and Wales.
Kal Group, a trading style of Kal Designs Limited
any contract for the supply of Goods and/or the provision of Services by the Company to the Customer
any person, firm or company who accepts a quotation of the Company for the sale of the Goods and/or provision of the Services or whose order for the Goods and/or Services is accepted by the Company
any goods to be supplied by the Company under the Contract
any services to be provided by the Company under the Contract
all charges expenses and other sums due to be paid by the Customer to the Company in accordance with the Quotation
any offer by the Company for the supply of Goods and/or provision of Services to the Customer
the terms and conditions set out in this document and any additional terms and conditions agreed in writing by the Company and the Customer
3.1 The Terms exclude all other terms and conditions including any implied by a course of dealing between the Company and the Customer and any terms or conditions which the Customer may purport to apply under any purchase order, order confirmation, authorisation for press or similar document. Any variation alteration or amendment of the Terms is only effective if agreed in writing by a duly authorised representative of the Company. No other employee representative or agent has authority to vary, alter or amend the Terms in any way whatsoever.
3.2 The Customer is deemed to have accepted the Terms when it accepts the Quotation. In the event of no Quotation having been provided, the Customer is deemed to have accepted the Terms when it places the order for the Goods and/or the Services.
3.3 Quotations are only valid for the period stated in them or in default of any such reference, for 14 days from the date of issue.
4.1 The Price shall be payable by the Customer (less any deposit already paid). The Price may be increased by the Company at any time before delivery of the Goods or provision of the Services in the event of any changes in the specification required by the Customer or if there is any variation in the cost of materials, labour, transport or other overheads (including any variations in foreign exchange rates relevant to the Goods). The Customer will normally be advised in writing of any such increase in Price prior to delivery of the Goods or provision of the Services.
4.2 Value Added Tax and any other taxes government charges or customs duties are not included in the Price and will be charged separately.
4.3 The costs of carriage, packing, loading and unloading and insurance are not included in the Price unless agreed in writing by the Company and the Customer.
4.4 Preliminary work carried out by the Company at the Customer's request, whether experimentally, as development or otherwise, is not included in the Price and will be charged to the Customer separately provided however that the Company shall prior to undertaking any such preparatory work, agree the cost of any such work with the Customer.
4.5 The Company reserves the right to charge the Customer for the storage of data and other materials used in the production of the Goods and/or the provision of the Services.
4.6 The Company may reject any material supplied or specified or any data received on disk, tape or by communications by/from the Customer which appear to the Company to be unsuitable for production of the Goods and/or provision of the Services. The Company reserves the right to charge additional costs incurred if any such materials/data are found to be unsuitable during production of the Goods.
5.1 Save as may otherwise be agreed between the Company and the Customer, a minimum deposit of 10% of the Price shall be paid by the Customer to the Company at the time of placing of the order with the balance of the Price being due on delivery of the Goods and/or provision of the Services, or on collection of the Goods by the Customer. Provided that where the Customer wrongfully fails to take delivery of the Goods or where the Customer fails to collect these after notification by the Company that the Goods are ready for collection, the Company shall be entitled to invoice the Customer at any time after it has tendered delivery of the Goods or notified the Customer that the Goods are ready for collection. Additionally, the Company may in its absolute discretion require the Customer to pay on demand further instalments of the Price by way of progress payments during the course of production of the Goods and/or provision of the Services.
5.2 The Customer shall pay the Price or the balance of the Price then outstanding within 28 days of the date of the Company's invoice notwithstanding that delivery may not have taken place.
5.3 If the Customer fails to make any payment on the due date then without prejudice to any of the Company's other rights the Company shall have the right to be exercised solely at its discretion:-
5.3.1 to make a surcharge in respect of allowing credit to the Customer between the due date for payment and the date of payment at the rate of 10% above the minimum Base Rate for the time being of Barclays Bank Plc on the amount outstanding; and/or
5.3.2 to suspend or cancel delivery of the Goods and/or provision of the Services to the Customer; and/or
5.3.3 to appropriate any payment made by the Customer to such of the Goods and/or Services (or Goods and/or Services supplied under any other contract with the Customer) as the Company may in its sole discretion think fit.
5.3.4 to claim for any legal costs incurred in the pursuance of any remedy in respect of any non-payment under this clause
5.4 Any surcharge payable under Clause 5.3.1 shall be shown separately on the Company's invoice together with the terms (if any) upon which such surcharge or part of it shall cease to be payable.
5.5 In the event of cancellation of the Contract by the Customer for any reason whatsoever the Company shall cease to be bound to deliver the Goods and/or to provide the Services and the deposit of 10% of the Price payable by the Customer under Clause 5.1 shall be automatically forfeited together with any accrued interest and the Company may further claim damages from the Customer for and the Customer shall indemnify the Company against any loss or damage whatever arising from such cancellation.
5.6 All payments in cash must be made direct to the Company and the Company's representatives, agents and employees have no authority to accept payment in cash.
5.7 Any amount due by the Customer to the Company under the Contract should be payable in full with out set-off or deduction or counterclaim.
6. RISK AND PROPERTY:
6.1 The risk in the Goods shall pass to the Customer upon delivery to the Customer or, if the Customer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods, at the place nominated for delivery.
6.2 When the Customer arranges for the Goods to be shipped otherwise than by the Company's transport, the Customer shall be liable for the Goods from the point of loading.
7.1 Delivery of the Goods shall be made by the Customer collecting the Goods at the Company's premises or, if some other place for delivery is agreed by the Company, by the Company delivering the Goods to that place.
7.2 Unless otherwise agreed in writing time is not of the essence of the Contract but the Company undertakes to use its reasonable endeavours to execute orders and to effect delivery in a reasonable time and by the dates quoted. Any time or date given by the Company for collection or delivery of all or part of the Goods or for provision of all or some only of the Services is an estimate only and the Company shall not be liable for the consequences of any delay. Further, the Company shall be entitled to give a new time or date for collection or delivery where the Customer changes its required specification for the Goods and/or Services.
7.3 The Company reserves the right to tender the Goods for collection or to make delivery of the Goods by instalments. In such event each tender or delivery shall constitute a separate contract and failure by the Company to tender or deliver any instalment shall not be grounds for cancellation of the Contract nor refusal to pay the Price.
7.4 Failure by the Customer to collect or take delivery of the Goods (as the case may be) shall not excuse payment of the Price by the Customer who shall in addition indemnify the Company against all losses or claims arising from such failure to collect or to take delivery including storage charges.
7.5 Where it is agreed that delivery should be made on site, the Customer undertakes to ensure that safe access is available. If, in its absolute discretion, the Company believes that safe access is not available the Customer is deemed to accept delivery on any area of adopted road near to the said site.
7.6 Signature of the Company's delivery note by or on behalf of the Customer shall be conclusive evidence as to the quantity and quality of the Goods delivered unless, upon receipt of the Goods the Customer signs for them as "Damaged" and within 3 days of the said receipt a written complaint is given by the Customer to the Company of any non-delivery or defects. If any such defect or non-delivery is accepted by the Company the Company's liability to the Customer shall be limited to its liability as set out in Clause 11 below. Any damaged goods must be retained by the Customer for examination by the Company or returned to the Company (as the Company may require). If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.
7.7 In the event of all the Goods due to be delivered not arriving within 7 days of the Customer receiving notification from the Company of the date for delivery, the Customer shall forthwith notify the Company of such non-arrival.
7.8 The Company has the right in its absolute discretion to choose the means of carriage and in the absence of any specific agreement the Company shall be entitled to charge for such delivery provided that the Company shall have notified the Customer of its charges in respect of delivery prior thereto.
7.9 Failure to observe any of the conditions set out in this Clause 7 shall be an absolute bar to any claim.
8. THE CUSTOMER'S DUTIES
The Customer shall:
8.1 Indemnify the Company against any claims made against the Company or loss suffered by the Company or any damages paid by the Company where such claims or damage result from instructions or specifications given by the Customers to the Company in connection with the production of the Goods and/or the provision of Services.
8.2 Without limitation to the forgoing, the Company shall not be liable in respect of any inaccuracies or errors in respect of any language text including foreign language text, provided to it by the Customer, and the Customer shall bear sole responsibility for ensuring the accuracy and correctness of the same.
8.3 Where Goods are delivered by the Company, be responsible for and bear the risk of the unloading of those Goods without delay and indemnify the Company against any loss suffered by the Company as a result of any delay in unloading.
8.4 Not reproduce, or permit to be re-produced, any Goods supplied by the Company, or any part of these, and in the event of any subsequent reproduction in contravention of this Clause, the Customer shall indemnify the Company against all resulting losses suffered or damages paid by the Company.
9. FORCE MAJEURE:
9.1 The Company shall not be liable for any failure to perform any part of the Contract if its performance has been delayed hindered or prevented by any circumstances whatsoever which are not within the control of the Company and are not preventable by reasonable diligence on its part.
9.2 Without prejudice to the generality of the foregoing the Company shall not be liable for any failure to comply with any order or request of any National, Provincial, Regional or Local Authorities or for any delays caused by strikes, lockouts, Act of God or any other event beyond its control. If the Company is at any time delayed hindered or prevented from performing the Contract in whole or in part then the Company shall be at liberty to withhold, suspend or reduce performance to such extent as is reasonable in all the circumstances. The Customer shall thereupon be liable for a rateable proportion of the Price agreed to be paid.
10.1 Save where expressly agreed between the Company and the Customer in writing (whether in the Quotation or elsewhere), the Company is not bound to use any particular item in the production of the Goods and any variations in quality which do not materially affect the general commercial use of the Goods shall not give rise to any claim by the Customer.
10.2 Without prejudice to the foregoing, the Customer shall not be entitled to reject delivery of the Goods or refuse payment of the full Price due where only 5% or less of the Goods shall be defective or unsuitable for commercial use.
10.3 In the event of the Customer instructing the Company to vary the original specifications the Customer will be responsible for any reasonable increase in Price (including any VAT payable thereon) due to such alteration whether improvements or not and these will form part of the Price.
11. LIABILITY FOR DEFECTS:
11.1 Subject to Clause 11.3:
11.1.1 in the event of any defect in the Goods for which the Company is responsible or in respect of which the Company accepts responsibility under the terms of this agreement or otherwise, the Company's only liability shall be at its sole discretion, to replace or issue a credit note in respect of such Goods, provided always that the Customer shall have complied with the remaining terms of this agreement.
11.1.2 in the event of any default in the provision of Services for which the Company is responsible under the terms of this Agreement or otherwise or in respect of which the Company accepts responsibility, the Company's only liability shall be to refund to the Customer any monies paid under the Agreement or a fair proportion of these in light of the extent of any such default (such proportion to be determined by the Company in its sole discretion), provided always that the Customer shall have complied with the remaining terms of this Agreement.
11.2 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law and the Company shall not be liable for any injury or loss or damage whatsoever
11.3 The maximum liability of the Company under or in connection with this Contract shall be the Price of the Goods or Services (as the case may be). Under no circumstances shall the Company be liable under the Contract for any claims other than as set out herein and specifically the Customer shall have no claim in respect of any indirect or consequential losses howsoever arising.
11.4 For the avoidance of doubt the Company hereby absolves itself from all and any liability in respect of defects resulting from any specifications, designs or instructions given by the Customer to the Company
12. RIGHT OF SET OFF IN APPROPRIATION
12.1 The Company at all times shall have the right to apply (or require any company associated with the Company to apply) any sums owed to the Customer by the Company or such associated company in or towards the discharge of any liability of the Customer to the Company whether due hereunder or in respect of any other matter whatsoever. For the purposes of this Sub Clause "associated company" means any company which is for the purposes of the Companies Act 1985 a holding company of the Company or a subsidiary of a holding company of the Company.
12.2 The Company may appropriate any payments made by the Customer to the Company against amounts that have been owing by the Customer to the Company for the longest period not withstanding any prior appropriation of that payment by the Customer.
If the Customer commits any breach of these Terms and/or the Contract or being a Company has a resolution or petition for its winding up passed or presented, or a Receiver or Manager is appointed or, if a natural person, commits any act of bankruptcy or enters into any composition with creditors, or is subject to an interim order within Section 286 Insolvency Act 1986 or suffers any execution to be levied upon its goods, or is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or fails to take delivery of or to collect the Goods within 14 days of being notified by the Company that they are to be delivered or are ready to be collected (where alternative delivery arrangements have not been agreed between the Company and the Customer) or is in breach of the Terms of any contract with the Company (including these Terms and Conditions) the Company shall be entitled in its absolute discretion to terminate the Contract or suspend its performance and all sums in respect of Goods delivered or Services provided to the Customer shall become payable forthwith.
The Company reserves the right to sub-contract the whole or any part of the Contract.
15. THE CUSTOMER'S RIGHTS:
For the avoidance of doubt, it is hereby declared that these Terms are to be read in conjunction with the provisions of the Unfair Contract Terms Act 1977 the Sale and Supply of Goods Act 1994 and the Unfair Terms in Consumer Contracts Regulations 1994 or any statutory modifications thereof.
All drawings, designs, specifications and other information which the Company supplies in connection with a quotation tender or order are confidential. They remain the property of the Company and must not be disclosed to any third person without the Company's written permission.
17. INTELLECTUAL PROPERTY
All intellectual property rights in any and all Goods supplied by the Company, or any part of these, and any drawings, designs and specifications including any preparatory work undertaken by the Company, shall belong to and remain vested in the Company and nothing in these Terms shall be deemed to confer any rights on the Customer (save as expressly so conferred) in relation to any such intellectual property rights.
The use of images and Logotypes used in production will be deemed to include any necessary written permission for usage, unless stated otherwise.
18. APPLICABLE LAW
These Terms shall in all respects be construed and have effect according to English Law.
19. DISPUTE RESOLUTION
All disputes arising under or relating to this Contract shall on application of either party be referred to a single arbitrator in accordance with the provisions of the Arbitration Act 1996.