Terms and Conditions

Once you are happy with your design and stationery, you will be asked to sign your proof in turn fixing an order. This order is governed by the following terms and conditions. We ask you to take a minute to read through the following. Nothing hidden and no surprises, just good stuff to know.

1) DEFINITIONS

In these Conditions (unless the context shall require otherwise):

a) "the Seller" shall mean Mollie Greene trading as Bespoke Invitations and her employees, agents and assigns;

b) "the Customer" shall mean the person, firm, limited liability partnership, company or other organisation with whom the Contract is made;

c) "the Contract" shall mean the contract between the Customer and the Seller for the provision of the Goods;

d) "the Goods" shall mean the goods and services ( or any instalment or part of them) to be supplied pursuant to the terms of the Contract;

e) "the Seller's Premises" shall mean the premises mentioned in the Contract or if not so mentioned means the Seller's premises situate at St Georges House, 36 Ellesmere Street, Manchester M15 4JW.

f) "the Customer's Property" shall mean all Goods and property provided to the Seller by the Customer in connection with the Goods including but not limited to materials, designs and photographs.

2) GENERAL

a) In these Conditions the headings are for reference only and words in the singular shall include the plural and vice versa and references to any gender shall include the others.

b) These Conditions shall apply to the Contract to the exclusion of any other terms and conditions contained in or referred to in any order, letter, form of contract or other form of communication sent by the Customer to the Seller and the provisions of these Conditions shall prevail unless expressly varied in writing and signed by the Seller.

c) Any concession made or latitude allowed by the Seller to the Customer shall not affect the strict rights of the Seller under the Contract.

3) ESTIMATES, PRICES AND SAMPLES OF GOODS

a) No estimate or order shall be binding on the Seller unless and until it has been expressly accepted by the Seller.

b) Unless otherwise agreed in writing by the Seller:

the price payable for the Goods shall be the price detailed in this Contract and all cheques shall be made payable to "Bespoke Invitations";
in the case of an order for delivery of Goods by instalments, the price payable for each instalment shall be the price detailed overleaf on the frount of this Contract;
the Seller reserves the right to charge additional amounts as are reasonable if the cost of the Goods increases due to any variation and/or alteration of instructions and/or details and/or any failure by the Customer to provide the same and/or overtime costs where the Customer does not give the Seller sufficient notice to prepare the Goods during normal working hours i.e. 9am - 5pm Monday to Friday (usually 25% of total price for rushed jobs) and the revised price of the Goods shall be payable by the Customer as if it were the original contract price.
prices of goods are subject to change without notice but unless otherwise provided for in these terms such price increases will not affect confirmed orders.
the Seller reserves the right to subcontract work and where the estimate includes the costs of a subcontractor such estimate shall not be binding on the Seller unless and until the same is confirmed by the subcontractor.

c) All prices are exclusive of VAT (value added tax) and if applicable this shall be charged by the Seller and shall be payable by the Customer at the appropriate rate. Once an order is confirmed and proof requested the Customer agrees to pay a non refundable deposit of a minimum of £50.00 and no proof will be sent to the Customer until the agreed deposit is received by the Seller.

d) Unless otherwise agreed with the Seller (e.g. if bespoke service has been agreed) the Customer shall be entitled to two samples.

e) Prices for bespoke services are all subject to negotiation during a free "design consultation" between the parties but customisation of the Seller's current design range may be agreed for a flat fee (currently £40.00) per design.

4) PROOFS

a) The Customer accepts full responsibility for carefully reading and checking all proofs and especially for correct spellings of names, dates and times as once the final proof has been approved by the Customer omissions and mistakes cannot be rectified unless the Customer agrees to pay such additional costs as may be necessary.

b) To minimise errors in wording the Customer must supply all wording in electronic format through our online order form or other appropriate electronic format.

c) The Seller cannot proceed with any printing unless all proofs have been signed and approved as correct and payment as agreed has been received in full.

d) Some proofs e.g. menus and Orders of Service will have a later date for confirmation of details and signed and agreed proofs of such items must be delivered to the Seller no later than six (6) weeks prior the the date of the relevant function or event required for.

5) PROVISION OF GOODS

a) Time of provision of any Goods hereunder shall not be of the essence of the Contract unless otherwise agreed in writing and signed by both parties.

b) Any period for delivery shall be calculated from the time of the Seller's acceptance of the Customer's order or from the Seller's receipt of all information necessary to enable the Seller to provide the Goods (whichever shall be the later).

c) The Customer agrees that to in order to provide sufficient time for any alterations or additions to the Goods before any relevant wedding day or other function no liability (whether in contract or for negligence or otherwise howsoever) for loss of or damage, breach of Contract or that the Goods are defective or are otherwise not in accordance with the Contract (being a defect or loss, damage or non-compliance which would have been obvious on a reasonable inspection of the Goods supplied to the Customer by the Seller) or for non-delivery will attach to the Seller unless claims to that effect are notified in writing to the Seller by the Customer) within three (3) days of delivery or collection by the Customer for loss, damage, defect or non-compliance with the Contract and the Customer shall return the Goods to the Seller for scrutiny of the alleged defects.

d) In the event of a valid claim for defect, loss, damage (e.g. if the Customer proves the stationary ordered has incorrect designs or text) or non-delivery the Seller shall either repair or replace the items concerned at it's own expense or refund the price of the relevant item (depending on whether it comprises the whole or any part of the Goods).

e) If the Customer shall fail to give notice in accordance with condition 5(d) above the items delivered or returned shall be deemed to be in all respects in accordance with the Contract and without prejudice to earlier acceptance by the Customer it shall be bound to accept and pay for the same accordingly.

f) The Seller shall have the right to provide the Goods by instalments at such intervals as it may decide and any express provision as to instalments in the Contract shall be in addition to and not in derogation of this right.

6) PAYMENT TERMS

a) The Customer shall pay for the Goods in accordance with the payment terms agreed in the Contract SAVE THAT payment shall become due in any event forthwith upon the occurrence of any of the events referred to in Condition 12 hereof.

b) If the Goods are to be provided in instalments the Seller shall be entitled to invoice each instalment as and when provision thereof has been made and payment shall be due in respect of each instalment whereof provision of Goods has been made not withstanding non-provision of other instalments or other default on the part of the Seller.

c) If upon the terms of the Contract the price shall be payable by instalments or if the Customer has agreed that Goods are to be provided at specified times a default by the Customer in the payment of any due instalment or the failure to give instructions or to provide the Customer's Property to the Seller to enable it to provide Goods as agreed in respect of any Goods outstanding shall cause the whole balance of the price to become due forthwith.

d) The price payable for the Goods shall be due in full to the Seller in accordance with the terms of the Contract and the Customer shall not be entitled to exercise any setoff, lien or any other similar right or claim.

e) The time of payment shall be of the essence of the Contract.

f) Without prejudice to any other rights it may have, the Seller is entitled (both before and after judgement) to charge interest at a rate equal to the higher of the interest rate payable on court judgements or four percent (4%) above the base rate from time to time of the HSBC bank plc on overdue payments on the price of the Goods or the price of any instalments thereof.

7) PASSING OF TITLE AND RISK AND RETENTION OF COPYRIGHT

a) From the time of delivery or collection of any Goods (supplied pursuant to the Contract) by or on behalf of the Customer from the Seller such Goods shall be at the Customer's risk and the Customer shall be solely responsible for their custody and maintenance but unless otherwise expressly agreed in writing such Goods shall remain the Seller's property until all payments to be made by the Customer under the Contract and any other Contract between the Seller and the Customer and any other account what so ever have been made in full and unconditionally and further whilst the Seller's ownership of such Goods continues the Customer shall keep the Goods labelled as belonging to the Seller and separate and identifiable from all other Goods in its possession as bailee for the Seller.

b) Unless otherwise agreed in writing and signed by both parties all copyright, design right and other intellectual property rights subsisting in or attached to the Goods shall belong to the Seller and shall not be licensed or assigned to the Customer other than as may be provided in the Contract in writing. Use of copyright material without the owner's permission may be both a civil offence and a criminal offence which may result in prosecution.

c) The Seller's designs may not be used or re-used by the Customer without the prior written agreement of the Seller.

8) CONDITIONS AND WARRANTIES

a) The Contract shall not constitute a sale by description or sample unless otherwise agreed in writing and signed by both parties.

b) These terms shall not be construed to override the strict rights of the Customer under the law where the Customer is a consumer and is not buying the Goods in the course of a business.

c) The Customer accepts and agrees that if any Bespoke Goods are handmade that due to the handmade nature of the Goods no two items may match precisely and Goods may not precisely correspond with samples or specifications supplied by the Customer but the Seller warrants that it shall use all reasonable endeavours to match Goods with samples or specifications supplied by the Customer and the Customer accepts full responsibility for advising the Seller in writing of any Goods it requires must match samples or specifications precisely and for instructing the Seller in writing in the event it wishes the Seller to refrain from proceeding to manufacture Goods in the event the materials precisely specified by the Customer are unavailable.

d) The Customer also agrees and accepts that colours may vary from item to item and may not correspond precisely with what may be viewed on the internet or downloaded and printed.

e) The Seller shall not be liable for the effect of aging of any Goods supplied.

9) MATERIALS SUPPLIED

a) The Seller may reject any photographs or other materials supplied by the Customer which appear to be unsuitable and additional costs will be incurred if materials are found to be unsuitable during production.

b) Where the Customer supplies materials to the Seller to use in production of the Goods quantities shall be sufficient to cover normal spoilage.

10) ADDITIONAL COSTS

The Customer shall indemnify the Seller in connection with any loss, cost or expense incurred by the Seller as a result either directly or indirectly of the Customer's instructions or lack of instructions or through any failure or delay whatsoever in provision of the Customer's Property to the Seller to enable it to provide it's Goods hereunder or through any other act neglect or default on the part of the Customer, it's servants, agents or employees.

11) CUSTOMER'S SPECIFICATIONS

The Seller shall not be liable for any alleged problems caused by any inaccuracies of any drawing, design, bill of quantities or materials supplied by the Customer or due to the Customer's failure to make any particular specification.

12) CONSEQUENTUAL LOSS

The Seller shall not be liable for any costs claims damages or expenses arising out of any tortious act or omission or any breach of Contract or statutory duty calculated by reference to any profits, income, production or accruals or loss of such profits, income, production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis.

13) DEFAULT OR INSOLVENCY OF CUSTOMER

If the Customer shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied on the Customers property or assets or if the Customer shall make any arrangement or composition with its creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against it or (if the Customer is a Company) if any resolution or petition to wind up such |Company shall be passed or presented or if the receiver administrative receiver or administrator of the whole or any part of such Companies undertaking, property or assets shall be appointed the Seller in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every Contract or agreement between the Seller and the Customer or may (without prejudice to the Sellers right to subsequently terminate the Contract for the same cause should it so decide) by notice in writing suspend delivery or any further deliveries of Goods until any default by the Customer is remedied.

14) LIMITATION OF LIABILITY

The aggregate liability of the Seller (whether in Contract or for negligence or breach of statutory duty or otherwise how so ever) to the Customer for any loss or damage of what so ever nature and how so ever caused shall be limited to and in no circumstance shall exceed the price of the Goods.

15) REPRESENTATIONS

No statement, description, information, warranty, condition or recommendation contained in any brochure, catalogue, price list, advertisement or communication or made verbally by any of the Sellers agents or employees shall be construed to enlarge vary or override in any way any of these conditions.

16) FORCE MAJEURE

The Seller shall be entitled to delay or cancel delivery or to reduce the amount of Goods delivered if and to the extent that it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but limited to strikes (e.g. postal strikes), lock outs, accidents, illness, war, fire, reduction or unavailability of materials or power at manufacturing plant, break down of plant machinery or shortage or unavailability of raw materials from usual sources of supply.

17) CANCELLATION

Save as provided for in clauses 12 and 15 above no Contract may be cancelled unless by agreement in writing signed by both parties and upon to the Seller of such amount as may be necessary to indemnify the Seller against all losses resulting from the said cancellation.

18) INFRINGING/ILLEGAL MATTER

a) The Seller shall not be required to process any matter which, in its opinion, is or may be of an illegal nature or an infringement of the proprietary or intellectual property rights of any third party. This means that the Customer accepts full responsibility for ensuring permission has been granted to use all materials the Customer wishes to use (e.g. poems/hymns).

b) The Seller shall be at liberty at any time to discontinue work pursuant to the Contract and the Customers instructions if in its opinion such work may be illegal or infringing third party rights and in such circumstances the Customer shall be liable to pay the Seller for all work carried out and all materials purchased pursuant to the Contract prior to the date of such discontinuance.

c) The Seller shall be fully indemnified by the Customer in respect of any claims, costs and expenses arising out of any infringement of proprietary or intellectual property rights contained in any materials processed for the Customer and the indemnity shall extend to legal and professional fees.

19) STORAGE OF CUSTOMERS PROPERTY

a) The Seller accepts no liability for any loss or damage to the Customers Property which the Customer leaves in the Sellers possession which shall remain at the Customers risk.

b) The Customer agrees it shall retain colour copies of all or any photographs, pictures, sketches or other images it provides to the Seller.

c) The Customer is advised to obtain insurance.

20) DELIVERY

a) The Seller shall use Royal Mail's Recorded or Special Delivery service or a similar service or courier for delivery of the Goods and a signature will be required on receipt of Goods.

b) The Customer may collect the Goods from the Seller by prior arrangement.

c) Whilst the Seller shall use all reasonable endeavours to ensure safe and appropriate packaging and delivery methods are used it shall not be liable for any loss or damage to Goods in transit after the Goods have left the Seller's Premises.

d) Samples from the Seller's then current Range of Designs exhibited for sale will usually be dispatched within five (5) days of ordering but any bespoke items will take longer.

e) All bespoke designs submitted to the Customer are submitted in confidence and may not be reproduced without the Seller's prior written agreement.

f) Subject to prompt payment and delivery of required order information the Seller shall use all reasonable endeavours to dispatch the Customer proofs within 14 days of a confirmed order and all Goods within four (4) weeks of full payment and returned signed and agreed proofs.

21) JURISDICTION

This Contract shall be subject to the exclusive jurisdiction or the English courts and shall be construed with accordance with English Law.



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Terms and Conditions Once you are happy with your design and stationery, you will be asked to sign your proof in turn fixing an order. This order is governed by the following terms and conditions. We ask you to take a minute to read through the following. Nothing hidden and no surprises, just good stuff to know. 1) DEFINITIONS In these Conditions (unless the context shall require otherwise): a) "the Seller" shall mean Mollie Greene trading as Bespoke Invitations and her employees, agents and assigns; b) "the Customer" shall mean the person, firm, limited liability partnership, company or other organisation with whom the Contract is made; c) "the Contract" shall mean the contract between the Customer and the Seller for the provision of the Goods; d) "the Goods" shall mean the goods and services ( or any instalment or part of them) to be supplied pursuant to the terms of the Contract; e) "the Seller's Premises" shall mean the premises mentioned in the Contract or if not so mentioned means the Seller's premises situate at St Georges House, 36 Ellesmere Street, Manchester M15 4JW. f) "the Customer's Property" shall mean all Goods and property provided to the Seller by the Customer in connection with the Goods including but not limited to materials, designs and photographs. 2) GENERAL a) In these Conditions the headings are for reference only and words in the singular shall include the plural and vice versa and references to any gender shall include the others. b) These Conditions shall apply to the Contract to the exclusion of any other terms and conditions contained in or referred to in any order, letter, form of contract or other form of communication sent by the Customer to the Seller and the provisions of these Conditions shall prevail unless expressly varied in writing and signed by the Seller. c) Any concession made or latitude allowed by the Seller to the Customer shall not affect the strict rights of the Seller under the Contract. 3) ESTIMATES, PRICES AND SAMPLES OF GOODS a) No estimate or order shall be binding on the Seller unless and until it has been expressly accepted by the Seller. b) Unless otherwise agreed in writing by the Seller: the price payable for the Goods shall be the price detailed in this Contract and all cheques shall be made payable to "Bespoke Invitations"; in the case of an order for delivery of Goods by instalments, the price payable for each instalment shall be the price detailed overleaf on the frount of this Contract; the Seller reserves the right to charge additional amounts as are reasonable if the cost of the Goods increases due to any variation and/or alteration of instructions and/or details and/or any failure by the Customer to provide the same and/or overtime costs where the Customer does not give the Seller sufficient notice to prepare the Goods during normal working hours i.e. 9am - 5pm Monday to Friday (usually 25% of total price for rushed jobs) and the revised price of the Goods shall be payable by the Customer as if it were the original contract price. prices of goods are subject to change without notice but unless otherwise provided for in these terms such price increases will not affect confirmed orders. the Seller reserves the right to subcontract work and where the estimate includes the costs of a subcontractor such estimate shall not be binding on the Seller unless and until the same is confirmed by the subcontractor. c) All prices are exclusive of VAT (value added tax) and if applicable this shall be charged by the Seller and shall be payable by the Customer at the appropriate rate. Once an order is confirmed and proof requested the Customer agrees to pay a non refundable deposit of a minimum of £50.00 and no proof will be sent to the Customer until the agreed deposit is received by the Seller. d) Unless otherwise agreed with the Seller (e.g. if bespoke service has been agreed) the Customer shall be entitled to two samples. e) Prices for bespoke services are all subject to negotiation during a free "design consultation" between the parties but customisation of the Seller's current design range may be agreed for a flat fee (currently £40.00) per design. 4) PROOFS a) The Customer accepts full responsibility for carefully reading and checking all proofs and especially for correct spellings of names, dates and times as once the final proof has been approved by the Customer omissions and mistakes cannot be rectified unless the Customer agrees to pay such additional costs as may be necessary. b) To minimise errors in wording the Customer must supply all wording in electronic format through our online order form or other appropriate electronic format. c) The Seller cannot proceed with any printing unless all proofs have been signed and approved as correct and payment as agreed has been received in full. d) Some proofs e.g. menus and Orders of Service will have a later date for confirmation of details and signed and agreed proofs of such items must be delivered to the Seller no later than six (6) weeks prior the the date of the relevant function or event required for. 5) PROVISION OF GOODS a) Time of provision of any Goods hereunder shall not be of the essence of the Contract unless otherwise agreed in writing and signed by both parties. b) Any period for delivery shall be calculated from the time of the Seller's acceptance of the Customer's order or from the Seller's receipt of all information necessary to enable the Seller to provide the Goods (whichever shall be the later). c) The Customer agrees that to in order to provide sufficient time for any alterations or additions to the Goods before any relevant wedding day or other function no liability (whether in contract or for negligence or otherwise howsoever) for loss of or damage, breach of Contract or that the Goods are defective or are otherwise not in accordance with the Contract (being a defect or loss, damage or non-compliance which would have been obvious on a reasonable inspection of the Goods supplied to the Customer by the Seller) or for non-delivery will attach to the Seller unless claims to that effect are notified in writing to the Seller by the Customer) within three (3) days of delivery or collection by the Customer for loss, damage, defect or non-compliance with the Contract and the Customer shall return the Goods to the Seller for scrutiny of the alleged defects. d) In the event of a valid claim for defect, loss, damage (e.g. if the Customer proves the stationary ordered has incorrect designs or text) or non-delivery the Seller shall either repair or replace the items concerned at it's own expense or refund the price of the relevant item (depending on whether it comprises the whole or any part of the Goods). e) If the Customer shall fail to give notice in accordance with condition 5(d) above the items delivered or returned shall be deemed to be in all respects in accordance with the Contract and without prejudice to earlier acceptance by the Customer it shall be bound to accept and pay for the same accordingly. f) The Seller shall have the right to provide the Goods by instalments at such intervals as it may decide and any express provision as to instalments in the Contract shall be in addition to and not in derogation of this right. 6) PAYMENT TERMS a) The Customer shall pay for the Goods in accordance with the payment terms agreed in the Contract SAVE THAT payment shall become due in any event forthwith upon the occurrence of any of the events referred to in Condition 12 hereof. b) If the Goods are to be provided in instalments the Seller shall be entitled to invoice each instalment as and when provision thereof has been made and payment shall be due in respect of each instalment whereof provision of Goods has been made not withstanding non-provision of other instalments or other default on the part of the Seller. c) If upon the terms of the Contract the price shall be payable by instalments or if the Customer has agreed that Goods are to be provided at specified times a default by the Customer in the payment of any due instalment or the failure to give instructions or to provide the Customer's Property to the Seller to enable it to provide Goods as agreed in respect of any Goods outstanding shall cause the whole balance of the price to become due forthwith. d) The price payable for the Goods shall be due in full to the Seller in accordance with the terms of the Contract and the Customer shall not be entitled to exercise any setoff, lien or any other similar right or claim. e) The time of payment shall be of the essence of the Contract. f) Without prejudice to any other rights it may have, the Seller is entitled (both before and after judgement) to charge interest at a rate equal to the higher of the interest rate payable on court judgements or four percent (4%) above the base rate from time to time of the HSBC bank plc on overdue payments on the price of the Goods or the price of any instalments thereof. 7) PASSING OF TITLE AND RISK AND RETENTION OF COPYRIGHT a) From the time of delivery or collection of any Goods (supplied pursuant to the Contract) by or on behalf of the Customer from the Seller such Goods shall be at the Customer's risk and the Customer shall be solely responsible for their custody and maintenance but unless otherwise expressly agreed in writing such Goods shall remain the Seller's property until all payments to be made by the Customer under the Contract and any other Contract between the Seller and the Customer and any other account what so ever have been made in full and unconditionally and further whilst the Seller's ownership of such Goods continues the Customer shall keep the Goods labelled as belonging to the Seller and separate and identifiable from all other Goods in its possession as bailee for the Seller. b) Unless otherwise agreed in writing and signed by both parties all copyright, design right and other intellectual property rights subsisting in or attached to the Goods shall belong to the Seller and shall not be licensed or assigned to the Customer other than as may be provided in the Contract in writing. Use of copyright material without the owner's permission may be both a civil offence and a criminal offence which may result in prosecution. c) The Seller's designs may not be used or re-used by the Customer without the prior written agreement of the Seller. 8) CONDITIONS AND WARRANTIES a) The Contract shall not constitute a sale by description or sample unless otherwise agreed in writing and signed by both parties. b) These terms shall not be construed to override the strict rights of the Customer under the law where the Customer is a consumer and is not buying the Goods in the course of a business. c) The Customer accepts and agrees that if any Bespoke Goods are handmade that due to the handmade nature of the Goods no two items may match precisely and Goods may not precisely correspond with samples or specifications supplied by the Customer but the Seller warrants that it shall use all reasonable endeavours to match Goods with samples or specifications supplied by the Customer and the Customer accepts full responsibility for advising the Seller in writing of any Goods it requires must match samples or specifications precisely and for instructing the Seller in writing in the event it wishes the Seller to refrain from proceeding to manufacture Goods in the event the materials precisely specified by the Customer are unavailable. d) The Customer also agrees and accepts that colours may vary from item to item and may not correspond precisely with what may be viewed on the internet or downloaded and printed. e) The Seller shall not be liable for the effect of aging of any Goods supplied. 9) MATERIALS SUPPLIED a) The Seller may reject any photographs or other materials supplied by the Customer which appear to be unsuitable and additional costs will be incurred if materials are found to be unsuitable during production. b) Where the Customer supplies materials to the Seller to use in production of the Goods quantities shall be sufficient to cover normal spoilage. 10) ADDITIONAL COSTS The Customer shall indemnify the Seller in connection with any loss, cost or expense incurred by the Seller as a result either directly or indirectly of the Customer's instructions or lack of instructions or through any failure or delay whatsoever in provision of the Customer's Property to the Seller to enable it to provide it's Goods hereunder or through any other act neglect or default on the part of the Customer, it's servants, agents or employees. 11) CUSTOMER'S SPECIFICATIONS The Seller shall not be liable for any alleged problems caused by any inaccuracies of any drawing, design, bill of quantities or materials supplied by the Customer or due to the Customer's failure to make any particular specification. 12) CONSEQUENTUAL LOSS The Seller shall not be liable for any costs claims damages or expenses arising out of any tortious act or omission or any breach of Contract or statutory duty calculated by reference to any profits, income, production or accruals or loss of such profits, income, production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis. 13) DEFAULT OR INSOLVENCY OF CUSTOMER If the Customer shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied on the Customers property or assets or if the Customer shall make any arrangement or composition with its creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against it or (if the Customer is a Company) if any resolution or petition to wind up such \|Company shall be passed or presented or if the receiver administrative receiver or administrator of the whole or any part of such Companies undertaking, property or assets shall be appointed the Seller in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every Contract or agreement between the Seller and the Customer or may (without prejudice to the Sellers right to subsequently terminate the Contract for the same cause should it so decide) by notice in writing suspend delivery or any further deliveries of Goods until any default by the Customer is remedied. 14) LIMITATION OF LIABILITY The aggregate liability of the Seller (whether in Contract or for negligence or breach of statutory duty or otherwise how so ever) to the Customer for any loss or damage of what so ever nature and how so ever caused shall be limited to and in no circumstance shall exceed the price of the Goods. 15) REPRESENTATIONS No statement, description, information, warranty, condition or recommendation contained in any brochure, catalogue, price list, advertisement or communication or made verbally by any of the Sellers agents or employees shall be construed to enlarge vary or override in any way any of these conditions. 16) FORCE MAJEURE The Seller shall be entitled to delay or cancel delivery or to reduce the amount of Goods delivered if and to the extent that it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but limited to strikes (e.g. postal strikes), lock outs, accidents, illness, war, fire, reduction or unavailability of materials or power at manufacturing plant, break down of plant machinery or shortage or unavailability of raw materials from usual sources of supply. 17) CANCELLATION Save as provided for in clauses 12 and 15 above no Contract may be cancelled unless by agreement in writing signed by both parties and upon to the Seller of such amount as may be necessary to indemnify the Seller against all losses resulting from the said cancellation. 18) INFRINGING/ILLEGAL MATTER a) The Seller shall not be required to process any matter which, in its opinion, is or may be of an illegal nature or an infringement of the proprietary or intellectual property rights of any third party. This means that the Customer accepts full responsibility for ensuring permission has been granted to use all materials the Customer wishes to use (e.g. poems/hymns). b) The Seller shall be at liberty at any time to discontinue work pursuant to the Contract and the Customers instructions if in its opinion such work may be illegal or infringing third party rights and in such circumstances the Customer shall be liable to pay the Seller for all work carried out and all materials purchased pursuant to the Contract prior to the date of such discontinuance. c) The Seller shall be fully indemnified by the Customer in respect of any claims, costs and expenses arising out of any infringement of proprietary or intellectual property rights contained in any materials processed for the Customer and the indemnity shall extend to legal and professional fees. 19) STORAGE OF CUSTOMERS PROPERTY a) The Seller accepts no liability for any loss or damage to the Customers Property which the Customer leaves in the Sellers possession which shall remain at the Customers risk. b) The Customer agrees it shall retain colour copies of all or any photographs, pictures, sketches or other images it provides to the Seller. c) The Customer is advised to obtain insurance. 20) DELIVERY a) The Seller shall use Royal Mail's Recorded or Special Delivery service or a similar service or courier for delivery of the Goods and a signature will be required on receipt of Goods. b) The Customer may collect the Goods from the Seller by prior arrangement. c) Whilst the Seller shall use all reasonable endeavours to ensure safe and appropriate packaging and delivery methods are used it shall not be liable for any loss or damage to Goods in transit after the Goods have left the Seller's Premises. d) Samples from the Seller's then current Range of Designs exhibited for sale will usually be dispatched within five (5) days of ordering but any bespoke items will take longer. e) All bespoke designs submitted to the Customer are submitted in confidence and may not be reproduced without the Seller's prior written agreement. f) Subject to prompt payment and delivery of required order information the Seller shall use all reasonable endeavours to dispatch the Customer proofs within 14 days of a confirmed order and all Goods within four (4) weeks of full payment and returned signed and agreed proofs. 21) JURISDICTION This Contract shall be subject to the exclusive jurisdiction or the English courts and shall be construed with accordance with English Law. All content, designs and display copyright © 2003-2008 Bespoke Invitations. All rights reserved.