Frequently Asked Questions
1. Placing of Order
The placing of an order or acceptance of the goods is deemed to constitute acceptance of the below:
We reserve the right without notice to you to make any changes in the specification of the goods which are required to conform with any applicable statutory or EC requirement or which do not materially affect their quality or performance.
No order which has been accepted by Brightways may be cancelled by the buyer except with the agreement in writing with of one our directors and if it is cancelled then the Buyer shall indemnify in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Us as a result of cancellation.
2. Artworks & Representation
Buyer shall provide artwork in illustrator or high resolution pdf file with full description of Pantone colours used. Visual of production image shall be signed off by the Buyer prior to sample or production of Goods. Once the goods are in Production, Buyer shall not make changes to the artwork.
2. Price and Payment
The Price shall be the Seller's quoted price at the date of acceptance of the order, unless otherwise specified in any Contract... The Price is exclusive of any applicable value added tax (VAT) which shall be payable by the Buyer at the rate in force on the date of the Seller's invoice.
Brightways do not accept credit card payments at the moment. Payments must be made via Bank Transfers. Payments shall be made within agreed credit days from the date of Our Invoice and shall be in full in Sterling, Euro’s or USD as per contract without any deduction, set-off or withholding whatsoever. Time for payment shall be of the essence. Payment will only be deemed to have been received when we have received cleared funds. 30 days payment applies only after agreeing the terms in advance.
If any payment by Buyer is overdue on the contract, Brightways may cancel the contract and suspend further deliveries of goods until payment is made in full.
In addition to any other remedy, we may charge interest on any outstanding amounts (before and after judgement) at the annual rate of 3% above RBS bank base lending rate from time to time accruing on a daily basis together with all costs and expenses incurred by Us in the collection of overdue monies.
3. Delivery of Goods
Brightways can deliver goods worldwide subject to our Shipping and freight forwarders corresponding agent relationship in that particular country.
Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the United Kingdom specified in the Buyer’s order and/or the Seller’s acceptance and/or the Contract as the location to which the Goods are to be delivered by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.
The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. Brightways shall not be held responsible for the delay of goods caused by bad weather at Sea or Air, Goods held at custom agencies for inspection or any other unforeseen circumstances beyond Our control. The Goods may be delivered by the Seller in advance of the Delivery
Date upon giving reasonable notice to the Buyer.
Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon giving written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the provisions of sub-Clause 10.1, risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.
4. Passing of risk and property (Retention of Title)
Risk of loss or damage to the goods shall pass to the buyer when despatched from our premises.
Notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall remain with the seller until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
Until full legal and beneficial ownership has passed to the Buyer, the Buyer as bailee shall keep them safe, insured and separate and identifiable from all other goods in the buyer’s possession. If monies on any account become overdue, the seller may (in addition to any other rights he might have) enter any land or buildings where the goods are located and repossess the goods and the buyer grants the seller an irrevocable licence so to do.
The buyer may resell the goods before full legal and beneficial ownership has passed to the buyer only where; (a) that sale is effected in the ordinary course of business at full market price and (b) it is a sale of the sellers property on the buyers own behalf and the buyer shall deal as principal when making such a sale; and (c) the buyer shall account to the seller for the proceeds of the sale and shall keep all such proceeds separate from any of the buyers or any third party’s money or property.
The buyers right to possession of the goods shall terminate immediately and the seller may terminate the buyers contract immediately if (a) the buyer is the subject of insolvency (or similar) proceedings; (b) the buyer in any way charges the goods or (c) the buyer at any time fails to meet the sellers credit checking standards.
The buyer shall not be entitled to pledge in any way, charge by way of security for any indebtedness any of the goods which remain the sellers property, but if the buyer does so, all monies owing by the buyer to the seller shall (without affecting any other right or remedy of the seller) immediately become due and payable.
5. Liability and Claims
Any claim made by the buyer which is based on any defect or quality of the Goods must be made within seven days of receipt of receiving the goods. If the defect was not noticeable after reasonable inspection, and goods were received in good condition and they by no means compromise the logo representation or prohibit the sale, campaign or objective then the Buyer shall not be entitled to reject the Goods. The Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.
Where a valid claim in respect of any of the Goods which is based on a genuine defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller may replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price in form of credit note or discount), in which case the Seller shall have no further liability to the Buyer. Seller reserves the right to call for the goods in question to evaluate and inspect.
If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a drawing, design or specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with, or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s drawing, design or specification.