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[1] Unless otherwise stated in writing by ourselves orders are only accepted on the following terms and conditions. Where these terms and conditions are contrary to any stipulations of the buyer’s terms and conditions the following are deemed to have been accepted by the buyer and take precedence.


[2] All the price lists, brochure details, and quotations whether verbal or in writing are not offers but are subject to our written confirmation on receipt of the buyer’s order and no contract shall be concluded until such written confirmation is given or we commence work on the order.


[3] All prices are ex our works and subject to a reasonable additional charge for packaging and carriage. Prices are subject to Value Added Tax (where applicable) at the rate prevailing on the date of supply. We reserve the right to amend or ex works prices without prior notice to cover any increase in the cost of materials, services, labour taxation or duty which may we may incur between confirmation and delivery of the order


[4] Unless credit terms have been agreed, payment is to be made in full, without deduction by way of counter claim, at the time of placing the order. By prior agreement, settlement of monthly accounts is to be made be made in the first seven days of the start of the month following the month of our invoice date, without deductions by way of counter claim. In the event we incur any additional costs or expenses in recovering overdue sums we reserve the right to add those costs to the sum due and recover them as part of the debt.We reserve the right to charge interest on overdue amounts at a rate of 3% over the base rate for the time being of Bank of Scotland from the eighth day of the month following the month of invoice.


[5] Payment of accounts should be made to Flag Innovations, 12 Milldale road, Kettering, Northamptonshire, NN15 6QB and cheques should be made payable to Flag Innovations.


[6] All dimensions quoted are approximate and may vary up to 3% more or less. When goods are specially made to the buyers order the buyer must accept and pay for any variation of up to 10% more or less in quantity.All colours, materials, tolerances and the like seen by the buyer in catalogues, leaflets, descriptions or other samples are deemed to be approximate only and unless otherwise agreed we may make reasonable variations in manufacturing the goods.


[7] We shall not be liable for any loss arising to the buyer for any delay or failure to deliver arising from an act of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, non availability of materials,controls, restrictions or prohibitions of government or any other co competent authority,fire, flood, sabotage, breakdown of plant or machinery,or any other course beyond or reasonable control.


[8] All times for delivery are estimates only and we reserve the right to despatch orders in instalments and recover payments for each instalment delivered as it were a separate order. In the case of dispatched goods by instatement's, the buyer will not be entitled to treat the delivery of faulty goods in any one instalment, or the late delivery of any one instalment, as a repudiation of the whole contract. If on delivery there is a variation in quantity by up to 5% of the number ordered, it is agreed that such a variation shall be so slight as to make it unreasonable for the buyer to reject the delivery.


[9] If the buyer fails to collect or give delivery instructions or to take delivery within fourteen days of it being notified the goods are ready for collection or dispatched we shall(without prejudice to any rights or remedies available to us) be entitled (but not bound) to store at any available place at the buyer’s expense and such expense be added to the price of the goods.


[10 a] The risk of loss or damage to the goods or caused by the good passes to the buyer upon delivery to the carrier or leaving our premises (whichever is the sooner) but title in the goods remains vested in us and shall only pass from us the buyer upon full payment being made by the buyer of all sums due on whatsoever account or grounds to us by the buyer. In the event of the goods being sold by the buyer in such a manner as to pass to a third party a valid title to the goods, whilst ant such sums due as aforesaid, the buyer shall be the trustee for us of the proceeds of such sale or to claim for such proceeds and the buyer shall place such proceeds in a separate account. Nothing herein shall constitute the buyer our agent for the purpose of any sub-sale.


[b] The buyer agrees that prior to the payment of all sums due to us on any account we may at anytime enter upon the buyer’s premises and remove the goods there from and that prior to such payment the buyer shall keep such goods separate and identifiable for this purpose. Once removed we may sell the goods to recover all sums due to us and we will return the balance to the buyer, but we may pursue the buyer for any shortfall as if it were a debt.


[c] In the event of the goods becoming constituents of or being converted into other products whist sums are due as provides in sub-condition [10a] hereof we shall have the ownership and title to such reasonable proportion of the other products as if they were the goods and accordingly sub-conditions 10a and b hereof shall so far as appropriate apply to such other products subject to the buyers right to the surplus of any monies realised by the said goods over those due to us provided therein.


[d] In the event of the goods, or any products they become commingled with being attached to any land the buyer acknowledged that they shall not n become fixtures and fittings and that they may be removed.


[11] We and the carrier must be informed in writing

[i] within seven days of the buyers receipt of our invoice if the goods have not been delivered and


[ii] immediately in the event of any deficiency or damage to the goods which was evident (or would have been had the buyer examined the goods) upon delivery, and in the case of the carrier by noting such deficiency or damage on the consignment note.. Otherwise within 3 days of arrival of the goods giving full details of the loss or damage/failing which we will not be liable for any loss or damage to the goods during transit.


[12] Failure to make due payment in respect of delivery or instalments under this or any other contract between the buyer and us entitles us to delay or suspend or cancel any or all deliveries in whole or in part at our option


[13] THIS CLAUSE IS IMPORTANT- PLEASE READ CAREFULLY

These clauses define the buyer’s right in respect of loss of damage caused to the goods. The buyer is advised to read them very carefully. (The provisions of this clause do not affect the inalienable statutory rights of a consumer not acting in the course of business)


[a] The buyer shall inspect the goods upon delivery. We will as regards goods supplied by us make good at our option by repair or replacement any defects therein due solely to defective workmanship or materials which are notified to us, in the case of any defect discoverable upon examination such a notification must be made within fourteen days from the date of delivery, and in the case of any defect not discoverable upon reasonable examination such notification must be made within two weeks from the date such defect is actually discovered and in any event with 12 months of delivery provided that:


(i) the aforesaid obligations on our part shall not extent to defects caused by the buyers or its employees or agents wilful damage, negligence, incorrect storage, application, movement or installation (other than by or servants or agents) or defects caused by fair wear and tear; and


(ii) we are given reasonable opportunity following the above notification of examining the relevant goods


b) save as herein set out for liability for death or personal injury resulting from negligence. All express or implied conditions representation or warranties as to the quality or fitness of the goods or otherwise are expressly excluded


c) save for liability for death or personal injury resulting from our negligence, we accept no liability under any claim howsoever arising for any loss over the figure of £500,000 ( five hundred thousand pounds ) or such greater figure as is from time to time the limit of liability of our insurers in respect to such claims.


[14] We take no responsibility for the infringement of any patent or copyright or registered design or trade mark of any third party in the execution of the buyer’s instructions and it is the buyers entire responsibility to obtain any necessary licences or permissions and the buyer hereby agrees to indemnify us against all claims, actions, proceeding, cost and losses arising out of such an infringement.


[15] we shall, at our option, be entitled by notice to terminate all or any of our contracts with the buyer forthwith and recover all expenses, losses and damages resulting to us including ( but without limitation to) loss of profit or other consequential loss if:


a) the buyer has a bankruptcy petition presented against him or a bankruptcy order is made;


b) the buyer makes or seeks any composition or arrangement with his creditors;


c ) the buyer makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (within the meaning of Section 286 Insolvency Act 1986);


d) an encumbrance takes possession of any of the buyers assets, or any of the buyer’s property is taken in execution or process of law;


e) a petition is presented or an order is made or a resolution is passed for the winding up of the buyer;


f) a petition is presented or an order is made for an administration order to me made in relation to the buyer;


g) the buyer’s directors make a proposal for a voluntary arrangement with the buyers creditors;


h) the buyer is unable to pay it debits ( within the meaning of section 123 Insolvency Act 1986 )


i) a receiver or administrative receiver is appointed over any of the buyer’s assets


j) the buyer fails to make any payment owed to us on the due date


k)the buyer fails to take delivery of or collect the goods with fourteen days of being notified by us or our carrier that they are to be delivered or are ready to be collected: or


l) the buyer is breach of the terms and conditions of any contract with us ( including breach of these conditions) and shall fail to remedy the same within twenty-one days of notice specifying the breach and requiring remedy (if the breach shall be remediable)


[16] This contract is governed by English Law; Any dispute arising out of or in connection with this contract shall be determined




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Flag-Innovations Sales & Marketing Office The White House,  12 Milldale Road,  Kettering,  Northamptonshire,  NN15 6QB Tel:  01536 515471  Fax: 01536 515471  Email:  sales@flag-innovations.com