Terms and Conditions

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Standard Terms & Conditions for Sale of Goods

1. Definitions

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

1.  "Buyer" means the organization or person who buys Goods

2.  "Goods" means the articles to be supplied to the Buyer by the Seller;

3.   "Intellectual Property Rights" means all patents, registered and  unregistered designs, copyright, trademarks, know-how and all other  forms of intellectual property wherever in the world enforceable;

4.  "Seller" means At Puzzle Pieces.Com and Milk & Honey Printing Press

2. General

1.   These Terms and Conditions shall apply to sales of Goods by the Seller  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 Seller  in writing.

2.  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  the Seller.

3. Price and Payment
 

1.  The price shall be the Recommended  Retail Price less agreed discount, unless otherwise agreed in writing  between the parties. All Payments must be received before products or  goods will be Personalized or Shipped.

4. 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.

5. Sample

Where  a sample of the Goods is shown to and inspected by the Buyer, the  parties hereto accept that such a sample is representative in nature and  the bulk of the order may differ slightly as a result of the  manufacturing process.

6. Delivery

1.   Unless otherwise agreed in writing, delivery of the Goods shall take  place at the address specified by the Buyer on, or as close as possible  to the date required by the Buyer. The Buyer shall make all arrangements  necessary to take delivery of the Goods whenever they are tendered for  delivery.

2.  If the Seller is unable to  deliver the Goods because of actions or circumstances under the control  of the Buyer, then the Seller shall be entitled to place the Goods in  storage until such times as delivery may be affected and the Buyer shall  be liable for any expense associated with such storage.

3.   Any damages, shortages, over deliveries and duplicated orders should  be reported to the Seller within 14 days of signed receipt to enable  replacement or refund.

7. RISK

Risk  in the Goods shall pass to the Buyer upon receipt of the goods. Where  the Buyer chooses to collect the Goods itself, risk will pass when the  Goods are entrusted to it or set aside for its collection, whichever  happens first.

8. TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

9. RETURN OF GOODS OR UNUSED GOODS

1.   All goods are sold on a firm sale basis, i.e. the Seller will not take  back any goods not required or sold to/by the Buyer, unless otherwise  agreed, in which case the following terms apply.

2.  Any returns must be authorized by a representative of the Seller before any money or credit will be given.

3.   Where the Seller agrees to accept the return of goods that are not  damaged the Buyer will be responsible for the cost of shipping and will  ensure that they are carefully packaged to avoid any damage in transit.  The Seller will not be obliged to accept any goods that are damaged in  any way. The Seller will only accept returns that appear in the Sellers  current Publication List.

4.  Credit of amounts due or paid in will only be given for goods that are in saleable condition.

10.LIMITATION OF LIABILITY

1.  The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.

2.   Nothing contained in these Terms and Conditions shall be construed so  as to limit or exclude the liability of the Seller for death or personal  injury as a result of the Seller's negligence or that of its employees  or agents.

11.INTELLECTUAL PROPERTY RIGHTS

All  Intellectual Property Rights produced from or arising as a result of  the performance of this Agreement shall, so far as not already vested,  become the absolute property of the Seller, and the Buyer shall do all  that is reasonably necessary to ensure that such rights vest in the  Seller by the execution of appropriate instruments or the making of  agreements with third parties.

12.FORCE MAJEURE

The  Seller shall not be liable for any delay or failure to perform any of  its obligations if the delay or failure results from events or  circumstances outside its reasonable control, including but not limited  to acts of God, strikes, lock outs, accidents, war, fire, breakdown of  plant or machinery or shortage or unavailability of raw materials from a  natural source of supply, and the Seller shall be entitled to a  reasonable extension of its obligations. If the delay persists for such  time as the Seller considers unreasonable, it may, without liability on  its part, terminate the contract.

13.RELATIONSHIP OF PARTIES

Nothing  contained in these Terms and Conditions shall be construed as  establishing or implying any partnership or joint venture between the  parties and nothing in these Terms and Conditions shall be deemed to  construe either of the parties as the agent of the other.

14.ASSIGNMENT AND SUB-CONTRACTING

The  contract between the Buyer and Seller for the sale of Goods shall not  be assigned or transferred, nor the performance of any obligation  sub-contracted, in either case by the Buyer, without the prior written  consent of the Seller.

15.WAIVER

The  failure by either party to enforce at any time or for any period any  one or more of the Terms and Conditions herein shall not be a waiver of  them or of the right at any time subsequently to enforce all Terms and  Conditions of this Agreement.

16.SEVERABILITY

If  any term or provision of these Terms and Conditions is held invalid,  illegal or unenforceable for any reason by any court of competent  jurisdiction such provision shall be severed and the remainder of the  provisions hereof shall continue in full force and effect as if these  Terms and Conditions had been agreed with the invalid, illegal or  unenforceable provision eliminated.

17.GOVERNING LAW AND JURISDICTION

This  Agreement shall be governed by and construed in accordance with the  laws of United States and the parties hereby submit to the exclusive  jurisdiction of the United States courts.

At Puzzle Pieces is a Milk & Honey Printing Press Company

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