1. Introduction to our Terms and Conditions of Sale

1.1. These terms and conditions ("Terms") tell you the rights and obligations you have and are the terms and conditions for the sale of goods that will govern any contract for sale that we enter into with you.

2. Contacting Us

2.1. We are Mercian Labels Limited, a company registered in England number 00951963. Our registered office is Mercian House, Watling Street, Cannock, Staffs, WS11 0BD. You can telephone us on 0870 060 6466 and fax us on 0870 060 6467 (open 9.00am - 5.00pm Mon - Fri) or email us at sales@selfadhesivelabels.com. Our telephone and fax numbers are charged at the standard national rate and calls may be recorded.

3. General Terms & Conditions

3.1. These Terms are the only terms and conditions which shall apply between Mercian Labels Limited ("the Supplier" or "us" or "our") and its Customer ("the Customer" or "you") and they shall govern the Contract to the entire exclusion of any other express or implied conditions including any terms or conditions which the Customer may purport to apply under any purchase order confirmation of order or similar document. Please read these Terms carefully. You may have other rights granted by law and these Terms do not affect these. This does not affect your statutory rights.
3.2. These Terms embody the entire understanding of the parties and supersede any prior promises representations, undertakings and understandings between the parties and may only be modified by a variation in writing signed on behalf of the Supplier by a Company Director and no other action on the part of the Supplier (whether delivery of the goods or otherwise) shall be construed as an acceptance of any other conditions
3.3. Any quotation or estimate given by us is given subject to these Terms and does not constitute an offer to supply the Customer and merely serves as an invitation for the Customer to place an order. No order submitted by a Customer shall be deemed to be accepted by the Supplier until we accept your order by communicating to you an order confirmation accepting your order ("Order Confirmation") and for the avoidance of doubt the commencement of preparatory work by the Supplier shall not be construed as the Contract being made or an order being accepted.
3.4. In these Terms the following expressions shall have the meanings assigned below:-
3.4.1. "Customer Material" means any documents, plans, drawings, specifications, logos, details, artwork, pictures or any other records of information in any form provided by the Customer to the Supplier in connection with the goods; and
3.4.2. "Contract" means the contract for the sale and purchase of the goods.
3.5. The Supplier's employees or agents are not authorised to make any representations concerning the goods unless confirmed for and on behalf of the Supplier by a company director of the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
3.6. Any advice or recommendation given by the Supplier or its employees or agents to the Customer or its employees or agents as to the application or use of the goods which is not confirmed in writing for and on behalf of the Supplier by a company director of the Supplier is followed or acted upon entirely at the Customer's own risk, and accordingly the Supplier shall not be liable for any such advice or recommendation which is not so confirmed by a company director of the Supplier.
3.7. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, order confirmation or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

4. Customer Obligations

4.1. The Customer warrants:
4.1.1. the accuracy and suitability of all Customer Material instruction or advice submitted by the Customer or by any third party on behalf of the Customer in relation to the goods at any time;
4.1.2. that it shall at its own expense:
(a) give the Supplier any necessary Customer Material within a sufficient time to enable the Supplier to perform the Contract in accordance with these Terms and the Order Confirmation; and
(b) retain duplicate copies of all Customer Material and insure against its accidental loss or damage;
4.1.3. the Customer Material will not be defamatory or illegal; and
4.1.4. the Customer Material will not infringe the intellectual property rights of any third party and that the Customer has obtained all necessary consents to enable the Customer Material to be used as contemplated in the order placed.
4.2. The Customer shall indemnify the Supplier against any loss, costs (including legal fees and VAT thereon), damages, claims, charges and expenses incurred by the Supplier as a result of:
4.2.1. any breach by the Customer of the warranties set out in clause 4.1;
4.2.2. the inaccuracy of the Customer Material, instructions or advice;
4.2.3. failure to supply the same within a sufficient time to enable the Supplier to perform the contract to produce the goods in accordance with its terms;
4.2.4. any claim by a third party against the Supplier for an infringement of any intellectual property rights of any other person which results from the Supplier's use of the Customer's specification or the Customer Material
4.3. Subject to any specification issued by the Customer and referred to in the Order Confirmation accepted by the Supplier, the Supplier shall be entitled to exercise control as to the method of the performance of the Services and the Supplier may in its sole and absolute discretion refuse to use or reproduce any Customer Material which it deems to be offensive, inappropriate, libellous or considers may infringe the intellectual property rights or other rights of a third party.
4.4. No order which has been accepted by the Supplier may be cancelled or varied in any way by the Customer except with the agreement in writing of the Supplier and on terms that the Customer shall indemnify the Supplier 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 the Supplier as a result of cancellation or variation.

5. Prices

5.1. Unless stated otherwise in the Order Confirmation, all our prices are ex works, exclusive of VAT and similar taxes or government levies and the Supplier's charges for packaging, transport and insurance which the Customer shall be additionally liable to pay to the Supplier. Export orders subject to import duty in the customers own country are the responsibility of the customer. Delivery charges are deemed to be acceptable by the action of a customer placing an order. Invoices paid by credit card will incur a 3% processing fee.
5.2. The Customer shall pay to the Supplier the charges stated in the Order Confirmation and any other charges which are agreed between the Supplier and the Customer for the provision of the goods, or which, in the sole discretion of the Supplier are required, including but without limitation as a result of:-
5.2.1. urgent projects necessitating the postponement of other work and performance of overtime work;
5.2.2. origination of artwork to be produced by the Supplier;
5.2.3. significant increase in the costs of labour, materials or other costs of design and/or manufacture;
5.2.4. any change in delivery dates requested by the Customer;
5.2.5. any change in designs, quantities or specifications for the goods which is requested by the Customer;
5.2.6. or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions;
5.2.7. unexpected or unforeseen complications arising;
5.2.8. the inaccuracy of any Customer Material including where the Customer Material is not of sufficient quality to enable the Supplier to produce the Goods in accordance with the Order Confirmation; or
5.2.9. any other cause attributable to the Customer.

6. Ordering

6.1. By submitting your order you are offering to buy the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details onto couriers and other subcontractors). If you discover you have made a mistake with your order you must inform us immediately. Communication by telephone, verbal instruction fax or email is legally binding providing that it is in conformance with these terms and conditions.

7. Payment

7.1. Unless otherwise stated in the Order Confirmation, the Supplier may invoice the Customer on an interim monthly basis or at any time after delivery of the goods; and the Customer shall pay all of the Supplier's invoices (without any reduction, deduction or set-off) in pounds sterling. If you have a credit account with us payment is due 30 days after the date of our invoice and we may charge interest for late payment calculated daily at 4% above Bank of England base rate both before and after judgment.
7.2. Where any sum owed by the Customer to the Supplier under this or any other contract is overdue or if at any time the credit standing of the Customer has in the opinion of the Supplier been impaired for any other reason the Supplier may suspend any work and/or withhold any deliveries of goods due to be made under this Contract until arrangements as to payment or credit have been established which are satisfactory to the Supplier.
7.3. Title to any goods comprised in each consignment shall not pass to the Customer until the Customer has paid their price to the Supplier. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods including full legal and beneficial ownership shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for the goods delivered to the Customer. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this agreement and all other contracts between the seller and the buyer under which the goods were delivered. Until title passes the Customer shall hold the Goods as bailee for the Supplier and shall store or mark them so that they can be identified as the property of the Supplier. The Supplier shall be entitled at any time before title passes to repossess all or part of the goods and to terminate the Customer's right to use or otherwise deal with the goods for the purpose of determining what goods are held by the Customer and inspecting them to enter any premises of the Customer. Until title passes the entire proceeds of sale of the goods shall be held in trust for the Supplier and shall not be mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Supplier's money. The Supplier shall be entitled to maintain an action for the price of the Goods notwithstanding that title in it has not passed to the Customer.
7.4 The Customer is not entitled under any circumstances to make payment in cash or in any other way to a delivery driver or any other third party outside the normal banking system who is not an employee of the Supplier.
7.5 Where the Customer is a limited company and has placed an order using a credit account facility with the Supplier, in consideration of the Supplier agreeing to continue to supply goods using a credit facility, the individual person who places the order on behalf of the Customer does so as guarantor, and the individual irrevocably undertakes to guarantee the payment of all monies owing to the Supplier (in respect of all losses, claims, damages, costs and any other indebtedness which may arise) by the Customer on first demand without set-off or deduction if the Supplier reasonably believes that the Customer cannot meet its obligations. If the Customer goes into receivership, liquidation or administration the guarantor will on request immediately pay to the Supplier in the first instance, or receiver, liquidator or administrator in the second instance, as the case may be, such sum as will enable him to pay all monies owed to the Supplier by the Customer.
7.6 Where the Customer makes any prepayment, advance payment or part payment to the Supplier in advance of delivery then this payment is non refundable.

8. Delivery

8.1. Any dates quoted for delivery of the goods are approximate only and shall be subject to the Customer and/or any relevant third parties acting on behalf of the Customer performing all necessary acts and/or supplying all necessary Customer Material and facilities in due time to enable the order to be executed and the goods delivered. The Supplier shall not be liable for any delay in delivery of the goods however caused and time for delivery shall not be of the essence of the Contract unless previously agreed by the Supplier in writing. The goods may be delivered by the Supplier in advance of the quoted delivery date on giving reasonable notice to the Customer.
8.2. Without prejudice to the generality of the foregoing, the delivery date for the goods may be varied with the written consent of the Customer and a director of the Supplier.
8.3. We aim to dispatch goods within 5 working days, but if a product is not completed within 14 days we will contact you. If we have not delivered the goods within 30 days of expected delivery then you may cancel the Contract. We will refund any money paid by you and accordingly our liability to you shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
8.4. Unless otherwise agreed the Customer will arrange for the goods to be collected within three days of the Supplier giving notice to the Customer that the same are ready for collection.
8.5. The Customer shall be deemed to have accepted the goods upon delivery.
8.6. Risk in any goods shall pass to the Customer upon dispatch from the Supplier.
8.7 Where goods are exported from the United Kingdom then INCOTERMS (current edition) shall apply to the Contract.

9. Warranties and Liability

9.1. In relation to the production of the goods by the Supplier, the Customer hereby agrees and acknowledges that:
9.1.1. the finished goods are a mechanical representation of the original or intended design and will not be an exact match of the relevant Customer Material;
9.1.2. the Supplier does not guarantee to match any artwork or design (which for the avoidance of doubt forms part of the Customer Material) whether supplied as an electronic file in any form or by reproducing finished goods supplied by the Customer to the Supplier from any source; and
9.1.3. any colours and designs visualised on a computer screen may vary slightly according to the hardware and software used to design, modify or display the design, and accordingly, the goods supplied by the Supplier are mechanical representations of such visualisation.
9.1.4. the Supplier manufacturers goods using flexographic, hotfoil, thermal, inkjet,digital and letterpress printing techniques and is not a lithographic printer and consequently will not be able to supply work to the quality possible from an offset or lithographic printer.
9.1.5. they have gone to reasonable lengths to satisfy themselves that they do not require lithographic quality printing of their goods and are satisfied with the quality of the proposed printing method used in the manufacture of the Goods. 
9.1.6. the Supplier can not attempt to colour match goods with other printed material in the Customer's possession to the Customer's satisfaction unless the Supplier is notified in advance of artwork approval and manufacture of a colour match expectation, and a hard copy of the printed image to which the Supplier is requested to match the goods is supplied in advance of artwork approval and manufacture of a colour match expectation.
9.2. Subject to the foregoing Clause 9.1 and the following provisions of this Clause 9, the Supplier warrants that the goods will correspond with their specification at the time of delivery and for a period of 12 months from delivery.
9.3. The above warranty is given by the Supplier subject to the following conditions:
9.3.1. the Supplier shall be under no liability to the Customer for any loss, damage, costs, expenses or other claims:-
(a) in respect of any defect in the goods arising from in any way any instructions, advice, Customer Material (including but without limitation the quality, type and other details) or other information supplied by the Customer or by any third party on behalf of the Customer which is incomplete, inaccurate, illegible, out of date, out of sequence or in the wrong form, or arising from their non-arrival or any other fault of the Customer;
(b) in respect of any defect arising from wilful damage, negligence, failure to follow the Supplier's instructions (whether oral or in Writing), misuse or alteration of the goods without the Supplier's approval;
(c) if the total price for the goods has not been paid by the due date for payment;
(d) for materials not manufactured by the Supplier, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Supplier.
9.4. A claim by the Customer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Supplier within 3 days from the date of delivery or where the defect or failure was not apparent on reasonable inspection within 7 days from the date of delivery. If the Customer does not notify the Supplier accordingly, the Customer shall not be entitled to reject the goods and the Supplier shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the goods had been delivered and performed in accordance with the Contract.
9.5. The Customer is solely responsible for satisfying himself as to the suitability of the goods for any particular purpose and the Customer relies solely on his own skill and judgement and not the Seller's skill and judgement in determining such suitability.
9.6. Where a valid claim in respect of any of the goods which is based on a defect in the quality or condition of the goods or their failure to meet specification is notified to the Supplier in accordance with the time limits specified in these Terms, the Supplier may at its sole discretion:
9.6.1. replace and/or modify the goods free of charge; or
9.6.2. refund to the Customer the price of the goods (or a proportionate part of the price); or
9.6.3. allow the Customer a rebate on the amount invoiced equal to the price of the goods (or a proportionate part of the price)
in which case the Supplier shall have no further liability to the Customer.
9.7. Except in respect of death or personal injury caused by the Supplier's negligence, or liability for defective products under the Consumer Protection Act 1987, the Supplier shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods (including any delay in supplying or any failure to supply the goods in accordance with the Contract or at all) or their use by the Customer.
9.8. IN ANY EVENT, THE LIABILITY OF THE SUPPLIER FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THE CONTRACT (SAVE IN RESPECT OF DEATH, PERSONAL INJURY OR FRAUDULENT MISREPRESENTATION) SHALL NOT EXCEED THE AMOUNT RECOVERED BY THE SUPPLIER FROM ITS INSURERS IN CONNECTION WITH THE PARTICULAR BREACH CONCERNED.
9.9. The Supplier shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations in relation to the goods and/or Services, if the delay or failure was due to any cause beyond the Supplier's reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Supplier's reasonable control an Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Supplier or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery or a failure of the Suppliers suppliers or sub-contractors.
9.10. Subject to these Terms and the Unfair Contract Terms Act 1977 all other warranties, conditions or terms whether made expressly or implied by common law as statute relating to use, quality and/or fitness for purpose are excluded.
9.11. Where the Customer is a consumer within the meaning of the Unfair Contract Terms Act 1977, nothing in these Terms shall affect the statutory rights of the Customer.

10. 100% money back guarantee

10.1. After 3 March 2005 the Supplier may, at its sole discretion choose to occasionally offer an extra guarantee to specific Customers as part of its marketing. This guarantee does not apply to every job the Supplier undertakes. This guarantee only applies when the Customer specifically makes a claim under it and can produce proof that they were offered the guarantee in writing for the job under which the claim was made. The extra guarantee enables the Customer to claim that the Supplier must reprint the work once or offer a full refund (at its discretion) if the Supplier has not met the Customers expectations in full. The maximum value of the refund or guarantee is £250. This guarantee is conditional on evidence of the guarantee being offered for that job in writing by the Customer, the original goods being returned in full and no design changes being made to the design of the goods in any way, including colour changes.

11. Damage or Loss of Goods in Transit

11.1. Where the Supplier arranges delivery to the Customer, advice of damage or a partial loss of goods in transit must be given in writing to the Supplier within three days of delivery. The Supplier shall not be liable in respect of any claim relating to such matters unless the aforementioned requirements have been complied with.

12. Quantity

12.1. Whilst every endeavour will be made to deliver the correct quantity, ordered contracts are conditional upon margins of 5 percent for work involving one process and 10 percent for work involving more than one process being allowed for overs or shortage.

13. Complaints procedure

13.1. At Mercian Labels, we aim to satisfy the needs of all of our customers as efficiently and economically as possible. But, we realise that at times things may go wrong. When they do we will put them right as soon as possible. This guide is intended to help and advise you when a problem occurs.
Our aims
Our aim is to deal with any problems and difficulties quickly and fairly. We will do this by: monitoring all complaints and suggestions to help us identify what is going wrong and how we can improve; and by having a system which
· is easily accessible and well publicised
· is simple to understand and use
· is speedy, with established time limits for action, and keeps people informed of progress
· is fair, with full and objective investigation procedures
· maintains the confidentiality of both staff and customers
· effectively addresses all the points at issue, and provides appropriate redress
· provides information to management so that services can be improved
13.2. Our target is complete customer satisfaction.
13.3. Our complaints procedures cover all aspects of our services including:
· standards of communication and customer care
· our products and sales
· quality of our products
· our general support of customers
· What you should do if you have a problem or difficulty
13.4. If you are not happy with a specific aspect of our service, tell the member of staff you are dealing with. They will do all they can to resolve the problem. If you are still not happy ask to speak to a manager.
13.5. If this does not satisfy your concern then please contact our Director at our factory. You should write to:
PRIVATE - The Managing Director
Mercian Labels Ltd
Mercian House
Watling Street
Bridgtown
Cannock
Staffordshire
WS11 0BD
UK
When you contact us
· your confidentiality will be assured
· we will acknowledge your correspondence in writing on request
· we will review the issue thoroughly and give you a full response within 5 working days
· if we need more time because the problem is complex we will tell you within 5 working days and tell you what's happening every 10 working days
· we will talk it over with you if your complaint needs special action
· we will deal with you in a polite and courteous manner
· we will always give you a contact point, name and telephone number
· we will consider the appropriate form of redress whenever necessary

14. Privacy Policy

14.1. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. We will not e-mail you in the future unless you have given us your consent by checking a box to request to be added to our mailing list.
14.2. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us or checking your account online. If you find any inaccuracies we will delete or correct it promptly.
14.3. The personal information which we hold will be held securely in accordance with our internal security policy and the law. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
14.4. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. If you have any questions/comments about privacy, you should email us at sales@selfadhesivelabels.com.
14.5. We will not provide your contact details to any third party except if required to do so by law.

15. Insolvency

15.1. If the Customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due is deemed to be unable to pay its debts to has a winding-up petition against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him the Supplier without prejudice to other remedies shall in respect of all unpaid debts due from the Customer have a general lien on all goods and property in its possession (whether worked upon or not) and shall be entitled on the expiration of fourteen days notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts

16. Law

16.1. Every purchase you make shall be deemed performed in England. These Terms and Conditions shall be governed, construed and interpreted in accordance with the laws of England
16.2. The Customer and the Supplier agree to submit to the exclusive jurisdiction of the Staffordshire Courts.
16.3. All material copyright © Mercian Labels Ltd. All rights reserved. It is strictly prohibited to copy, publish or redistribute any of the material and software contained in any of The Supplier's websites.
16.4. The Supplier shall be entitled to assign or sub-contract to any third party its rights and/or obligations (as the case may be) arising from any Contract. The Customer may not assign its rights under the Contract except with the prior written consent of the Supplier.
16.5. A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
16.6. No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. The rights and remedies provided by this Agreement are cumulative and (subject as otherwise provided in these Terms) are not exclusive of any rights or remedies provided by law.
16.7. If any provision of these Terms is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
16.8. The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to the Contract.