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Terms and Conditions of Sale INCORPORATION OF CONDITIONS Absolute (the seller) will supply goods to any purchaser (the buyer) only in accordance with the Terms and Conditions as set out herein which shall prevail over any terms contained in the Buyers order or in any correspondence elsewhere unless specifically agreed in writing and signed by an executive member of staff of the Seller. The signature of the Buyer (or a representative of the Buyer) on the Absolute Quotation/Proforma Invoice, means that the Buyer has accepted in full, those Terms and Conditions. PRICES Prices payable for the goods by the Buyer shall be those listed on the Absolute Quotation/Proforma Invoice and signed for by the Buyer (or a representative of the Buyer). Unless otherwise expressly stated in writing by Absolute orders are accepted on the basis that: a) All prices are exclusive of Value Added Tax which will be charged at the rate at the time the goods are dispatched. b) In any event Absolute shall be entitled without prior notice to adjust the stated price to take account of: i. any cost to Absolute resulting from any alteration made at the request of the purchaser in the place to which they are being delivered. ii. any extra cost to Absolute result from goods being carried at the Purchaser's request by methods other than those normally used. PAYMENT TERMS Payment for goods must normally be made on a proforma basis. Absolute will usually request a deposit from the Buyer. No other payment terms will be accepted unless specifically stipulated on the Absolute Quotation/Proforma Invoice supplied to the Buyer. DELIVERY a) Goods will be dispatched at the discretion of Absolute unless special delivery arrangements are requested at the time of ordering. Absolute will make every effort to delivery goods to the Buyer on the estimate date for delivery, but does not guarantee to do so under any circumstances. Any times and/or dates whenever and however stated or given by Absolute are given as best times only, and shall under no circumstances whatsoever be or become the essence of any contract between Absolute and the Buyer, and Absolute shall under no circumstances whatsoever be liable to the Buyer for any loss, damage or expenses whether caused directly or indirectly by or from any delay in the delivery of goods. Where goods are not delivered by Absolute but by an independent carrier, delivery to the carrier shall be deemed to be delivery to the Buyer. RISK AND TITLE Risk in the goods shall pass to the Buyer on delivery. Property in the goods shall not pass to the Buyer until the goods are paid for in full by the Buyer. LIABILITY Absolute shall not be liable to the Buyer: a) For any shortages in quantities delivered unless the Buyer notifies Absolute, in writing, by registered post and within 7 days of dispatch of goods by Absolute. b) For damage to or loss of any goods in transit unless the Buyer notifies Absolute, in writing, by registered post and within 7 days of dispatch of goods by Absolute. c) For defects in goods caused by fair wear and tear, abnormal conditions of storage or use, neglect or default of the Buyer or of any third party. d) For any other defects in the goods unless the Buyer notifies Absolute in writing, by registered post and within 7 days of despatch of goods by Absolute. e) In any respect for goods which are charged in their form by printing or embroidery or in any other way whatsoever. f) For any garments supplied by the Buyer for embroidery or printing. Absolute will supply sample designs in good faith and which will be charged for unless specifically stipulated on the Absolute Quotation/Promotion Invoice. In addition the seller shall not be responsible for changes in customers orders, based on samples viewed, in terms of colour, as a result of shade in batches of purchased material used to manufacture a specific order. Where liability is accepted by Absolute under paragraph 6 (above) Absolute's only obligation shall be at its option to make good any shortage or non delivery and/or to replace any goods found to be damaged or defective. Subject to the foregoing and the provisions of the Unfair Contract Terms Act 1974, all conditions, warranties and representations express or implied by statue, common law otherwise in relation to the goods are hereby excluded and Absolute shall be under no liability to the Buyer for any loss, damage or injury, or indirect resulting from defective material, faulty workmanship otherwise however arising and whether or not caused by negligence of Absolute, its employees or Agents. FORCE MAJEURE Absolute shall not be liable to the Buyer for any loss or damage suffered by the Buyer as either a direct or indirect result of the supply of goods by Absolute being prevented, hindered, delayed or rendered uneconomic by reasons of circumstances or events beyond the reasonable control of Absolute. GOVERNING LAW The Contract shall be governed by and constructed in accordance with English Law; the parties submit to the jurisdiction of English courts. Riverside Industrial Centre, Bells Marsh Rd, Gorleson-On-Sea, Norfolk NR31 6PU. sales@absoluteclothing.com Tel: +44 (0) 1493 442259    Fax: +44 (0) 1493 442260