Terms & Conditions
All orders are accepted subject to our Standard Conditions of Sale, reproduced below, which apply to and govern all contracts, quotations, sales, supplies and deliveries of goods, materials, services and other products(hereinafter called Products) by CPI Corporate Solutions Ltd T/A Atam.co.uk (hereinafter called "ATAM") or its representatives to any individual Firm, Company or other person (hereinafter called the Buyer) and of all or any other conditions, warranties or terms otherwise implied or expressed.
The giving of an order by the Buyer to ATAM for any Product shall constitute an unqualified acceptance by the Buyer that if ATAM accepts the Order, sale supply or delivery of such products by ATAM will be governed solely by these Conditions of Sale. No variation of these Conditions of Sale nor any oral stipulations or representations shall be binding on ATAM unless expressly agreed to in writing and signed by a Director of ATAM on its behalf.
Except as otherwise expressly stated and contracted ATAM reserves the right to vary prices and payment dates at anytime. Prices quoted in foreign currency may be adjusted at any time in relation to variations in the appropriate exchange rate and are ex-works ATAM premises at Sherburn in Elmet, England. The price does not include the cost of freight carriage, packing or insurance which, unless otherwise shown on the invoice, will be additionally charged to the buyer.
1.1 Orders for Printed Products are accepted subject to customer’s acceptance of a variation of +/ – 10% in delivery quantity. Invoice will be amended accordingly.
ATAM will require a down payment of 50% or an amount to be agreed prior to any bespoke projects being undertaken
3.1 ATAM shall make all reasonable efforts to meet a “delivery date” but time shall not be of essence to the contract as any circumstances whatsoever may prevent, hinder or delay any delivery.
3.2 ATAM reserves the right to deliver by instalments. The buyer shall inspect all goods on delivery and unless the buyer takes the following actions the buyer will be deemed to have accepted the delivery in full contractual satisfaction of the order:
3.2.1 Buyer shall endorse carrier’s note appropriately.
3.2.2 Buyer shall advise ATAM immediately by telephone and confirm such call in writing to ATAM within two working days.
3.2.3 Buyer shall send full particulars of claim to ATAM in writing within 10 days after delivery.
3.3 In case of non-delivery of a consignment, the Buyer shall advise ATAM within 10 days after date of invoice.
3.4 The Buyer shall be bound to pay for all goods,not withstanding any alleged non-delivery or shortage of goods, if the foregoing conditions have not been complied with.
4. Force Majeure
If during the currency of any contract agreement or order entered into between ATAM and the customer, ATAM is delayed or hindered in or prevented from performing any or all of its obligations hereunder by war, road blocks, rail blocks, strikes (whether official or unofficial) lock out, picketing or blocking (secondary or otherwise) or any action which could reasonably be described as in the furtherance of or in any way related to an industrial dispute or grievance, riots, civil commotions, epidemic, fire, explosions, accident, flood, plant breakdown, or any other cause (whether or not of the same nature as the foregoing) beyond the reasonable control of ATAM then ATAM shall not in consequence thereof be under any liability in contract in relation to the contract agreement or order and ATAM may, if it deems so desirable, upon giving notice to the customer partially or wholly suspend deliveries of any goods or preferments of any works during the continuance of such causes and the delivery date or dates shall be correspondingly extended.
5. Title & Risk
5.1 The risk in the goods shall pass to the customer from the time when the goods are either:
5.1.1 Collected by the customer or his nominee or representative (which latter term shall include a carrier nominated by the customer) from ATAM or other premises or
5.1.2 Delivered to the customer’s premises or nominated delivery address.
5.2 Title and property in the goods shall not pass to the customer until the customer pays to ATAM the full amount of the agreed price together with the full price of any other goods the subject of any other agreement with ATAM entered into before or after the agreement in question. Until such time the goods shall remain the sole and absolute property of ATAM
5.3All amounts outstanding shall be deemed to be due immediately before the customer enters into liquidation whether compulsorily or voluntarily or has a receiver appointed over all or any part of its assets; or if the customer (not being a company) becomes bankrupt or insolvent or if the customer enters into any arrangement with creditors or takes or suffers any similar action in consequence of debts or:
5.3.1 On the happening of any event or default which would cause ATAM reasonably to consider that its title to the goods may be adversely affected and the customer shall notify ATAM immediately of the happening of any such event or default.
ATAM hereby warrants its title to the goods but save as to this warranty as to title no other warranty condition or other terms as to the characteristics of the goods, their quality or fitness for any purpose is given or accepted and any warranty condition or other such term whether implied by statute at common law or otherwise is hereby excluded from this contract notwithstanding that the purpose for which the goods are to be used is made known to ATAM.
Without prejudice to the above:
6.1 ATAM reserves the right to refuse to accept at its own discretion any repeat orders for specialised goods made specifically to the buyers requirements.
6.2 ATAM does not warrant that instalments of or batches of repeat orders of any product shall comply with the specification or colour match of any other instalment batch or order. In the event that there shall be any said variation of specification or colour match the liability of ATAM shall be limited to the invoice price of the instalment batch or order concerned. It is the buyer’s absolute obligation to specify clearly the product being ordered and the specification required. ATAM accepts no liability for the failure of the buyer to order the correct product or specification. Wherever appropriate ATAM will endeavour to assist buyers with technical advice and specifications but the buyer shall at all times be responsible for ordering the correct product or specification and deciding upon fitness for purpose of the product.
ATAM shall have the right in its absolute discretion and without assigning any reason therefore and notwithstanding any contract the customer may have made with a third party to terminate without notice any agreement to make supplies to any person or to refuse or limit the amount of credit to be given to any person and to withhold supplies to any person.
8. Patents & Trademarks & Health & Safety
No representation, warranty or indemnity is given by ATAM that the goods do not infringe any letter, patent, trademark, registered designs or other industrial rights. The buyer shall, after delivery of the goods, be solely responsible for their safe and satisfactory storage and shall be responsible for complying with any statutory or other requirement with regard to the storage, use or handling of the goods. The buyer shall indemnify ATAM against any claim by any third party caused by products delivered by ATAM proving not to be fit and suitable for such third party’s purposes for any reason.
9. Liability for Accidents & Damage
ATAM and its servants or agents (on whose behalf ATAM hereby contracts) shall not be liable to the buyer for loss, injury, damage or claim consequential or direct or natural of any kind whatsoever arising out of or in connection with the execution of this contract or arising out of or in connection with the use of goods supplied by ATAM save and except where such loss, injury, damage or claim be occasioned by the negligence of ATAM or of any employee of ATAM.
10. Governing Law
This agreement will be governed by and construed in accordance with English Law. The buyer irrevocably submits in respect of all matters and disputes arising out of this agreement to the exclusive jurisdiction of the English Courts.
This contract is personal to the buyer and may only be assigned with the written consent of ATAM.
12. Pro-Forma Payments
In the case of purchase by persons or companies not holding trading accounts, all payments shall be completed in advance of despatch of goods
13. Cancellation of Goods
Orders for products may not be cancelled or suspended without ATAM’s prior written consent. Any cancellation or suspension of an order with ATAM does not agree to shall be on the condition that the buyer shall indemnify ATAM against any loss incurred wholly or in part by the cancellation or suspension. Specifically, cancellations of orders for non-stock lines will not be accepted once the products have commenced manufacture.
14. Return of Goods
No goods are supplied on a ‘sale or return’ or ‘use or return’ basis. There will be no liability on ATAM to accept returned goods. Any goods returned by a buyer or anybody acting on his behalf will remain the risk of the buyer and, for the avoidance of doubt, ATAM confirms that no liability of any description is accepted in respect of returned Goods.
15. Confirmation of Orders
In order to avoid orders being duplicated, all orders that are confirmation of orders previously placed shall clearly indicate the fact. Unless clear indication is given that any verbal or written order is confirmation of an earlier order whether verbal or written the buyer shall accept delivery of the goods and pay for the same in full.
Where the Buyer orders standard or non-standard products which are specifically manufactured or produced to his unique requirements, the buyer shall accept the supply of a quantity whether more or less within 10% of the stipulated amounts. In such circumstances the Invoice value of the goods shall be subject to a corresponding adjustment.