B-BALLOONS (BB)

STANDARD TERMS AND CONDITIONS APPLYING TO ALL ORDERS

All goods supplied and work done is subject to these Terms and Conditions.

1. BB’s standard terms are cash with order.

2. BB will manufacture and supply to the Customer’s order on receipt of the Customer’s payment.

3. The Customer warrants to BB that they own the copyright in any text, designs or other artwork submitted for printing and that they will hold BB harmless in any action brought against the Customer for breach of copyright

4. BB will supply the Customer with a proof of the text to be printed on the Customer’s balloons. It is the customer’s responsibility to check and approve the proof for accuracy.

5. No claim for spelling errors, misprints etc., will be accepted if any such error was present in the proof approved by the customer

6. BB’s liability is strictly limited to the free replacement of any faulty goods

7. BB shall not be liable for any direct, indirect or consequential loss suffered by the Customer, whether this loss arises from a breach of duty or in any other way (including loss arising from BB's negligence). All other conditions, warranties and representations, expressed or implied, are hereby excluded, unless confirmed in writing by BB

8. For the avoidance of doubt, time shall not be of the essence, and BB shall incur no liability to the Customer in respect of any failure to deliver the Customer’s order or any part thereof by any date specified. However, BB shall employ all reasonable endeavours to meet the delivery agreed with the Customer.

9. Neither party to the Contract shall have any liability or be deemed to be in default for any delay nor failure in performance, to the extent that such delay or failure is caused by an event of Force Majeure, provided always that the party affected shall have promptly notified the other party of such event. If an event of Force Majeure prevails for a continuous period in excess of 60 days this Contract may be terminated by either party giving to the other 14 days notice in writing and all outstanding monies due to BB at that time shall become immediately due for payment.

10. The failure or delay by BB in exercising any right, power or remedy of BB under these Terms and Conditions shall not in any circumstances impair such right, power or remedy nor operate as a waiver of it and any waiver of a breach of, or default under, any of the terms of these Terms and Conditions shall not be deemed a waiver of any subsequent breach or default.

11. Any dispute, controversy, or claim arising out of or relating to this transaction which cannot be settled amicably shall be referred to the arbitration of an Arbitrator appointed by the Chartered Institute of Arbitrators, Scottish Branch. The parties hereby agree to accept the Arbitrator’s decision as binding and the parties commit to paying the Arbitrator’s fees proportionally in line with his decision.

12. This Contract shall be governed by and construed in accordance with the laws of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts. No waiver or amendment of any provision of this Agreement shall be effective unless made by a written instrument signed by both parties. Each provision of this Agreement shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall continue in full force and effect.