Terms & Conditions.
These terms set out the basis on which products are supplied and explain important information relating to payment, orders, delivery, liability, customised merchandise and ownership of goods.
Be Promotional Products Ltd
By purchasing products from Be Promotional Products Ltd (Be Promotional), the buyer agrees to the following terms.
Agreement
These terms govern the sale of products by Be Promotional and take precedence over any other terms previously agreed upon.
Payment Terms
- Initial orders require Pro-Forma payment.
- If a completed customer form with an acceptable credit check is submitted before shipment, Pro-Forma payment may be waived.
- For approved accounts, payment is due within 30 days (strictly net).
- VAT will be added to all prices at the applicable rate.
Pricing and Specifications
Be Promotional reserves the right to update prices and product specifications before accepting a quote. While we will strive to provide notice, changes may occur without prior warning.
Shipping Charges
Are clearly stated, if applicable.
Exclusive or Sole Agency
Be Promotional does not offer exclusive or sole agency rights, territorial restrictions, or any other similar limitations.
Liability
Be Promotional is not liable for:
- Failure to fulfil any obligation due to circumstances beyond our control.
- Delays in fulfilling obligations or for any resulting costs, losses, or damages.
Separate Deliveries
Each delivery is treated as a separate contract. A failure in one delivery does not affect the fulfilment of the overall contract.
Claims for Damages or Loss
- Claims for goods damaged or partially lost during transit must be made in writing to both the carrier and Be Promotional within 7 days of delivery.
- Claims for non-delivery must be submitted in writing within 7 days after receiving the dispatch notification.
- Disputes over invoices must be raised in writing within 14 days of the invoice date.
Warranties and Limitations of Liability
- Be Promotional excludes all warranties, conditions, and representations concerning the goods.
- We are not liable for any loss, injury, or damage resulting from the use, storage, or application of the goods.
- Claims regarding the quality of goods must be reported within 7 days of receipt. Claims are limited to the invoice value of the goods.
- Specific warranties for refill items and inks are limited to 3 months from dispatch, as determined by the manufacturers.
- No guarantees are given on battery life.
Order Cancellation
The buyer may not cancel an order without written consent from Be Promotional. Returns will only be accepted with prior authorisation; unauthorised returns will be sent back at the buyer’s expense.
Termination of Contract
Be Promotional may terminate the contract if the buyer breaches any terms or if, in Be Promotional’s view, the buyer's financial standing becomes unsatisfactory.
No Guarantee of Suitability
Be Promotional does not guarantee that the goods are suitable for any specific purpose.
Variations in Specifications
Any specifications regarding colour or size provided by the buyer are subject to reasonable commercial variations.
Indemnity for Custom Orders
If goods are made or customised based on the buyer’s specifications, the buyer agrees to indemnify Be Promotional against any claims, costs, or expenses resulting from patent, trademark, or design infringements.
Ownership of Tools
Any tools used in the manufacture of customised goods remain the property of Be Promotional, even if the buyer is charged for them.
Quantity Tolerance
Be Promotional reserves the right to supply up to 5% more or less than the quantity ordered for specially imprinted goods. The invoice will reflect the actual quantity shipped.
Buyer’s Materials
Be Promotional is not responsible for any damage to the buyer’s materials during manufacturing, processing, or finishing.
Ownership of Goods
Legal and equitable ownership of goods remains with Be Promotional until full payment is received. If the goods are sold before payment, the buyer will hold the proceeds of the sale in trust for Be Promotional.
Risk
Risk for the goods passes to the buyer upon dispatch.
Late Payments
If payment is overdue, Be Promotional may charge interest at 4% above the HSBC Bank PLC base rate on the outstanding balance.
Governing Law
This contract is governed by Scottish law, and the buyer agrees to submit to the jurisdiction of the High Court of Justiciary in Scotland.
Need to talk to us?
If you have a question about an order, quotation or any part of these terms and conditions, please contact the team.