Please take note of the following ETC Embroidery Supplies Terms & Conditions:

1. All business transacted by European Trimmings Corporation (hereinafter called the Company) shall be subject to all the terms and conditions contained herein except where any variation is agreed to in writing by a Director of the Company.

2. All warranties guarantee terms or conditions whether express or implied are excluded provided that their exclusion is not void by statute and this condition shall apply to all business transacted by the Company.

3. The Company shall be under no liability for any defect arising in goods, materials, equipment or services (hereinafter called the goods) not manufactured by the Company in respect of which the buyer shall only be entitled to the benefit of any warranty or guarantee as is given by the manufacturer or supplier to the Company.

4. The Company shall not be liable to the buyer or any other party by reason of any representation or any implied warranty condition or other term or duty at common law or under the express terms of this contract for any consequential loss or damage costs expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the supply of the goods or their use or re-sale by the buyer.

5. The buyer shall indemnify the Company against all loss damages costs and expenses awarded against or incurred by the Company in connection with a claim arising from the re-sale by the buyer of the goods which may prove to be defective, or for any other reason.

6. The following terms and conditions shall apply to all orders:-

(a) The Company shall grant the facility of a credit account on receiving a completed credit application form and a bank reference, together with simple details of the new customer and shall also be entitled to withdraw such facility where the Company thinks fit. The amount of credit granted will be the absolute discretion of the Company and its invoice Factors. The Factors may use credit reference agencies to determine the level of credit to offer any customer. Credit limits can change at any time, without notice.

(b) Where no credit account exists the goods shall be supplied on pro-forma basis only, either by cash payment or once a cheque has cleared through our bank.

(c) The minimum invoice value of any order excluding Value Added Tax shall be £15.00.

(d) All prices and estimates are NET cash against the invoice and are exclusive of Value Added Tax and other taxes except as hereinafter excepted and all prices quoted are subject to alteration without notice or agreement and orders are only accepted at the price ruling at the date of despatch.

(e) Payment is due net on the 30th day of the month following date of invoice and if the purchase price of any part thereof is outstanding after the said due date the Company shall be entitled to withhold the supply of further goods.

(f) Where the buyer requires the goods to be delivered to one address, no extra charge above the contract price will be made for delivery within the United Kingdom (excluding Northern Ireland and the Channel Islands) but delivery charges will be levied if the buyer requires the goods to be delivered to more than one address within the United Kingdom, or if any special packing is required. Any such charges will be stipulated by the Company at the date of contract.

(g) Where the buyer requires the goods to be delivered outside the United Kingdom or to Northern Ireland or the Channel Islands:-

(I) The buyer shall pay all sums incurred by the Company in respect of carriage, packing, customs clearance and delivery.

(ii) The buyer shall be responsible for complying with any legislation or regulations governing the export and import of the goods from the UK to the Country of destination and for the obtaining of any licences and for payment of any duties thereon.

(iii) The buyer shall be responsible for arranging for testing and inspection of the goods at the Companys premises before shipment. The Company shall have no liability for any claim in respect of any defect in the goods which would be apparent on inspection and which is made after shipment or in respect of any damage during transit.

(h) Where the buyer requires the goods to be delivered by a means other than the Companys normal method of carriage, then the buyer shall pay the charge stipulated by the Company.

(I) The Company reserves the right to deliver on more than one consignment and invoice for each consignment separately.

7. (a) It is the duty of the buyer or his agent to examine all goods immediately upon receipt and all claims shall be notified to the Company within 48 hours and by writing to and causing it to be received by the Company within 7 days of the buyer taking possession. If notification is not received by the Company within these periods, the Company shall have no liability for any claim in respect of such claim and in any event the liability of the Company shall be limited to the cost of the goods only.

(b) The carriers consignment note should be endorsed by the buyer is any sign of damage is apparent to the parcel, packaging or the goods.

(c) In the event of non-delivery the buyer shall give and cause to be received by the Company written notice of such non-delivery within ten days of receipt of the invoice referring to the said goods.

8. (a) Where the Company has despatched goods in accordance with the Customers Order, the Customer shall not be entitled to return those goods or any part thereof to the Company unless the Customer has firstly notified the Companys Customer Service Department by telephone that the Customer intends to return the goods to the Company and has received a written Returns Authorisation note from the Company.Thereafter returns the goods to the Company within 14 days undamaged and in the original packaging. The Customer shall be entitled to a full refund of all monies paid in respect of the goods less any carriage charges. Providing that the goods are returned to the Company in accordance with the preceding provisions of this clause. Products not covered by this full refund scheme are clearly indicated in the catalogue/quotation text. Any previously agreed discount applying to the whole of the customers order of which the returned goods were part shall no longer apply. The Company shall, in all other cases, have an absolute discretion as to whether to permit the Customer to return the goods and in those cases where such returns are permitted by the Company, the Company shall, as of right, be entitled to make a 15% deduction on the contract price for handling, subject to a minimum charge of £3.00 plus the extra carriage costs.

(b) Bespoke manufactured goods correctly supplied cannot be returned for credit, refund or exchange.

9. Without prejudice to the provisions of condition (8) above and for the avoidance of all doubt, in the event that any goods shall be returned to the Company for whatever reason, the Company shall have no liability for any claim made in respect of any loss or damage to such goods during transit and a signature of acceptance of delivery by or on behalf of the Company shall not constitute any admission by the Company as to the state and condition of the goods upon delivery.

10. All prices, estimates, descriptions, specifications and samples whatsoever shall be subject to alteration by the Company without prior notice or agreement and any shortage or surplus not exceeding 10 per cent of the contract quantity shall be charged pro rata and shall be considered proper completion of any contract.

11. All times and/or dates given by the Company relating to the goods, are intended as best estimates only and shall under no circumstances whatsoever become of the essence of any contract or agreement and the Company shall under no circumstances whatsoever be liable for any loss or expense caused directly by any delay in the delivery of the goods.

12. Where the goods are to be delivered, the Company undertakes only to deliver to the ground floor entrance of the required delivery address and during the Companys normal business hours and the buyer shall give the Company such full details as may be necessary or required to make such delivery.

13. The legal and equitable title in respect of the goods which are subject to these terms of business shall pass to the buyer only upon receipt by the Company of the contract price and any addition or variation thereof howsoever arising provided always that the risk in respect of such goods shall in all cases pass to and be borne by the buyer on receipt of the goods at the delivery address or acceptance of the goods by the buyers Agent.

14. Where the buyer does not collect or take delivery of the goods when the same are due and ready for collection or delivery the Company shall if its storage facilities permit be entitled to store the goods and take all reasonable steps to prevent their deterioration until the buyer or his Agent does collect or take delivery thereof and the buyer shall pay the reasonable costs of doing; this condition is without prejudice to any other payment or damages for which the buyer may be or become liable in respect of his failure to make collection or take delivery on the appropriate due date. The Company reserves the right to invoice for goods at the original delivery or collection date.

15. All design and origination work including proofs, samples and models shall be considered an order and charged for. The Company shall accept no responsibility for any errors whatsoever in proofs or models which have been approved by the buyer and in the event that the buyer does not request a proof or model such an order is produced at the sole risk of the buyer.

16. The buyer acknowledges that the copyright in the artwork, drawings, proofs, samples and all documents and other material in any form supplied by the Company under these terms shall belong to and remain invested in the Company.

17. All printers type blocks dies and lithographic materials used in any manner in the production of any order remain the property of the Company and may be effaced or disposed of by the Company on completion of that order.

18. If Goods supplied against a buyers own design, the buyer shall indemnify the Company against any loss, damage, costs, claims or expenses arising from or incurred in consequence of the goods infringing any Registered Design, Patent, Trade Mark or Copyright.

19. These Terms of Business shall be governed by and construed in accordance with the laws of Scotland.