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1. These conditions shall be deemed to be incorporated in all contracts of Aubergine Print Ltd to sell goods and in the case of any inconsistency with any order or form of contract sent by the purchaser to Aubergine Print Ltd whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of Aubergine Print Ltd.

2. By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.

3. Any shortcomings or defects in goods supplied must be notified to Aubergine Print Ltd within 3 days of delivery. Such goods must be returned to Aubergine Print Ltd for inspection.

4. Nothing herein shall impose any liability upon Aubergine Print Ltd in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods.

5. Notwithstanding that Aubergine Print Ltd may have given a detailed quotation no order shall be binding on Aubergine Print Ltd unless and until it has been accepted in writing by Aubergine Print Ltd.

6. Aubergine Print Ltd shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.

7. The liability of Aubergine Print Ltd to the purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.

8. If the purchaser shall be in breach of any of their obligations under the contract Aubergine Print Ltd may (without prejudice to Aubergine Print’s rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.

9. Any concessions made or latitude allowed by Aubergine Print Ltd to the purchaser shall not affect the strict rights of Aubergine Print Ltd under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.

10. No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Aubergine Print Ltd shall be construed to enlarge, vary or override in any way these conditions.

11. Upon sight of artwork and at its sole discretion Aubergine Print Ltd reserve the right to decline to print any item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full.

12. The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the purchaser and Aubergine Print Ltd agree to submit to nonexclusive jurisdiction of the English courts.


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