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
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.