Hall of Names Europe

Definitions

In this document the following words shall have the following meanings:

“Buyer” means the organisation or person who buys Goods from Hall of Names Europe Limited;

“Goods” means the articles to be supplied to the Buyer the from Hall of Names Europe Limited;

“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;

“List Price” means the list of prices of the Goods maintained by Hall of Names Europe Limited as amended from time to time;

“Hall of Names Europe Limited” means Hall of Names Europe Limited, Unit 3, Ashfield Farm Business Park, Crowcombe, Taunton, Somerset, TA4 4AW

“Writing” includes such forms of communication as facsimile, e-mail and comparable forms of communication.

General

These Terms and Conditions shall apply to all contracts for the sale of Goods by Hall of Names Europe Limited to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Hall of Names Europe Limited in writing.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Hall of Names Europe Limited.

Orders and Specification

The price of the Goods shall be the price ruling at the date of despatch and shall be exclusive of VAT and delivery charges and expenses including during transit which the buyer shall be additionally liable to pay to Hall of Names Europe Limited.

In respect of non-account customers a pro-forma invoice will be rendered prior to delivery and payment will be due against such invoices.

No order may be cancelled by the buyer without the written consent of Hall of Names Europe which shall only be given on terms that the Buyer shall indemnify the Hall of Names Europe Limited full against all loss (including loss of profit), costs (including cost of labour and materials used), damages, charges and expenses incurred by the Hall of Names Europe Limited as a result of such cancellation.

Price and Payment

The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is inclusive of VAT or any other applicable costs. Carriage shall be paid for by the buyer.

Quotations are valid for 90 days from date of issue and orders are not accepted until written confirmation is received.

Payment of the price and VAT and any other applicable costs shall be due immediately.

The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2.5% per annum above the base rate of the Bank of England.

If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:

require payment in advance of delivery in relation to any Goods not previously delivered;

refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;

terminate the contract.

Where the price of 2nd and subsequent identical signs is quoted, all signs must be ordered together. If further identical signs are ordered at a later date a set-up cost will be charged.

Description

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract. In respect to bespoke goods Hall of Names Europe Limited reserves the right to interpret the Buyer’s instructions to suit the method of manufacture. This includes the interpretation of relief work and the painting of the article or articles commissioned.

Sample

Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.

Delivery

Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by Hall of Names Europe Limited. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

The date of delivery specified by Hall of Names Europe Limited is an estimate only. Time for delivery shall not be of the essence of the contract.

If Hall of Names Europe is unable to deliver the Goods for reasons beyond its control, then Hall of Names Europe Limited shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.

The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify Hall of Names Europe Limited of the damage within 24 hours of delivery all packaging material must be retained for inspection. If the goods are received from a carrier they should be inspected before the mandate is signed the goods are received in good condition. If the goods are found to be damaged upon inspection then the carrier’s mandate should be signed as “damaged”.

Risk

Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Hall of Names Europe Limited premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set a