In the terms and conditions of sale set out below, AAR International Limited trading as ARUK Sportswear and all of its subsidiaries is referred to as the “Company”. The “Purchaser” is the person, firm or company to whom the quotation is addressed or by and on behalf of whom the order is placed.
‘Stock Items’ refers to plain stock items with no personalisation, ‘Customised items’ refers to plain stock items that are personalised for the Purchaser, and ‘Bespoke items’ or ‘Personalised items’ refers to unique design items that are made to order specifically for the Purchaser. Target delivery date refers to the estimated delivery date at the point of sale and is not a guaranteed delivery date.
The Company reserves the right to refuse the Purchaser’s acceptance of a quotation unless such quotation is stated to be open for a specific period and is not withdrawn in such period. No binding contract shall be created by the acceptance by the Purchaser of the Company’s quotation until notice of acceptance of the order has been given in writing, which shall have been signed by the Company’s duly authorised representative, or the Company has indicated its acceptance of the offer by making delivery or part delivery of the goods and payment has been received. In the event that no quotation is given by the Company and it has received an order from the Purchaser, all deliveries are made subject to these General Conditions of Sale.
- The Price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The Price is exclusive of VAT, carriage, freight, postage or insurance costs. The buyer accepts the price in the Sales Acknowledgement.
- Credit Account Payment of the Price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
- Buyers without credit account need to pay in full (cleared funds) before the goods can start production or to leave the sellers premises.
- Unless contractually agreed otherwise, price lists may be altered without notice and goods are invoiced at prices in force on the day of despatch. Prices shown in catalogues and price lists are not guaranteed. Errors and omissions must be accepted by the buyer. In the case of goods and/or services, which are the subject of a written quotation, the validity of prices are as detailed in that quotation.
- If the credit account of the buyer is not fully paid upto date when goods are due to leave the premises the seller has to right to `put on hold` the buyers account until the account has been paid. This can still be enforced if a particular order has been received, acknowledged and actually paid for in full. The account must be fully up to date before any further orders can leave.
- Variations – In the event of variations or suspensions of the work by the Purchaser’s instructions or lack of instructions, the contract price shall be adjusted to reflect costs involved. Where a price per unit has been quoted and the Purchaser requires a smaller number of units to be delivered than those quoted for, the Company reserves the right to adjust the rates of prices applicable thereto.
Sample request for bespoke order is chargeable at full Sample Production Rate (SPR), (SPR may vary in cost with RRP) and are required to be paid in full at the time of ordering. Not all sample orders are returnable; however, where the sample order has been agreed as returnable, these products must be received by the Company no later than 28 days from date of despatch. Upon receipt of the returned sample products, a credit note or refund will be issued within 15 days. Returned sample orders should be sent via courier or registered post. If the goods fail to arrive at the Company you will not be eligible for a credit note or refund. The Company cannot be held responsible for goods lost or damaged in the post. Goods returned after the sample return period has expired will not be eligible for a credit note or refund and the sample order will be returned to the Purchaser at the Purchasers own cost.
- All descriptions and other details provided in relation to goods are subject to confirmation by us and may be changed without notice. All sizes are approximate to fit sizes and are given as a general guidance only. All finished garments can vary by Inch and half maximum from flat measurement size charts. Colours, shades, materials and sizes of goods may vary to some extent from those illustrated. We will rely upon your orders being correct in entering into a supply agreement and reserve the right to refuse to take back goods, which are ordered in error or are no longer required. Bespoke goods branded are non-returnable unless there is a manufacturing defect.
- The Item supplied to the Purchaser shall comply with the Agreed Specification of product code stated in the Order.
- The Company shall be entitled to approach the Purchaser to propose modifications to the Item subsequent to the date of the Order.
- The Company shall, subject to separate commercial agreement, implement all mutually Agreed Modifications to the Specification.
- The job sheet and logo worksheet, once confirmed, is a binding contract between the Purchaser and the Company. Once approved by the Purchaser in writing, changes will not be accepted to either document. It is the Purchasers responsibility to check the sales prices detailed on the job sheets prior to order confirmation. The Company will not adjust sales prices post order confirmation.
- Any and all logo approvals are the sole responsibility of the Purchaser. Once approved no changes can be made.The order will not be processed in our system until all artwork has been signed off and approved by the customer.
- For customised and bespoke items, the Purchaser may be asked to approve a sample logo or sublimation design whilst the order is in production. Any delay in approval from the Purchaser may result in a delay in the production of the garments. The Company shall not be responsible for any such delay.
- All logos need to be supplied in a vectorised .eps or .ai format. If they are not supplied there will be a charge for the creation of these. The logos need to be clear and crisp to ensure the finished garments are clear and crisp.
- If a customer requires a cad without an order, this process is chargeable. The charge will be refunded when the customer places the order. It is the customers’ responsibility to highlight this when placing the order. If the customer does not highlight this at the ordering stage, no retrospective refund will be given.
- All cads will be sent to the customer in a .pdf version only. xi. Our minimum order qty is 10 pcs per design. It is possible to produce orders less than 10 but this will incur extra charges.
1 – sampling £60.00
2-5 - £20.00 extra
6-9 - £15.00 extra
- We will always try our best to match as close as possible to the production cads and any pantone reference; however we will not be able to guarantee a perfect match. The process of dye sublimation and the variances in material, colours and design make this impossible to match perfectly.
- With regards to repeat orders, the above rule will apply again. We will try our best to match the previous orders but no perfect matches will be guaranteed. Agreeing to the T&C’s
- Logo redraw - £10.00 per logo, or if more we will inform the customer for approval. Please note that this price does not cover our costs, this only contributes to our costs, so these logos are non-transferable.
- Design Cad without an order - £25.00, or if more we will inform you for approval.
- A pre-production sample cost of one garment is £60.00. Please note that this price does not cover our costs, this only contributes to the cost.
If the Purchaser cancels the order or any part thereof, or fails to take delivery of any goods at the time agreed, should such cancellation or failure cause disruption to the Company’s production, the Purchaser shall be liable, without prejudice to any other rights of the Company to claim damages, to indemnify the Company against any loss, damage or expense incurred by the Company in connection with the manufacture or non-manufacture of the goods, the cost of any material or tools used or intended to be used thereof and the cost of labour and other overheads. The Company reserves the right, in addition, to impose a cancellation/ restocking fee of 50% of the full order value.
For stock items only, The Purchaser has a legal right to cancel the contract without giving any reason within 14 days of the day after you received the goods. This is the “Cancellation Period”. The Purchaser can cancel by sending the Company the cancellation form provided or by letting us know in any other way by post to 28 Queenswood Avenue, Thornton Heath, CR7 7HY, by fax on 0208 181 7979, by email on email@example.com or over the phone on 0208 432 6600. The Purchaser should keep evidence of having given notice of cancellation, such as an email receipt or fax confirmation report.
- Unless otherwise agreed, delivery of the Goods shall take place at the address specified in the Buyer’s Purchase Order and the Buyer shall be deemed to have accepted the Goods upon their delivery. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- The Delivery Date specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the Contract.
- If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
- Risk shall pass on delivery of the Goods to the Buyer.
- Should there be a default in payment by the due date in the case of a contract or order which involves more than one delivery, the Company reserves the right to suspend or cancel all or part of that contract on order.
- Where bespoke garments are to be manufactured in accordance with the Purchaser’s requirements, the quoted lead-time shall commence from receipt of written confirmation of actual requirements and valid payment as set out on the email confirmation and job sheet that is issued. A copy of the email confirmation and job sheet are also available on request.
- If the Purchaser orders (products in stock) more than one product, the Company does not guarantee that all goods will be delivered in a single delivery and we reserve the right to deliver in instalments.
- A complaint must be made in writing within 24 hours of receipt of goods if they have been damaged in transit. On receipt of an externally damaged delivery, a claim for damages must be submitted. In cases of non-delivery of goods, a complaint must be made in writing within 5 days of despatch (within UK).
- The risk in the goods shall pass to the Purchaser at the point of delivery as specified in these Conditions or as otherwise agreed and the Company shall have no responsibility for the safety of the goods thereafter.
Under no circumstances may goods, supplied against a firm order, be returned without the Purchaser having first applied for and obtained the written consent of the Company. Goods returned without prior permission or that fall outside of the guidelines detailed below will not be accepted.
- Customised & Bespoke Products – You do not have a legal right to cancel any goods that have been personalised to your requirements. As these are customised for the Purchaser, their club or team, the Company are unable to accept returns except in the case of manufacturing error or faulty goods.
- Plain Stock Products – The Company will accept returns of plain stock products within 28 days from date of delivery if the goods are in the original condition with all labels, tags and bags intact. Please note that the return may be subject to the cancellation/restocking fee as detailed in clause 9.
- To return plain stock items, this must be agreed by the Company prior to the goods being returned as per clause 9. The Purchaser must keep the goods in a re-saleable condition and in accordance with clause 12 (ii)
- If the Purchaser returns goods to the Company due to a manufacturing fault, the Company will inspect the goods and either replace the item or refund the full purchase price for goods that we reasonably accept are defective, faulty or which are otherwise not in accordance with the contract. This is subject to the goods being returned to the Company within 28 days from date of delivery.
- The Company will replace the goods or refund the Purchaser provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, negligence or if you fail to follow product care instructions or if the goods have been misused, altered or repaired without the Company’s approval. If the Company does not find any fault or defect then your cancellation and refund rights are limited to those set out above. This does not affect the Purchaser’s statutory rights. The remedy in this clause represents the Company’s entire liability to the Purchaser for any claim under the guarantee period or any other guarantee or condition in respect of the goods which the law provides in so far as we are permitted to limit our liability to you.
- If the Purchaser believes that goods have a defect, you should not make any further use of them before returning them to the Company. After the guarantee period, refunds and exchanges shall be at the Company’s discretion. The Purchaser’s statutory rights are not affected.
- Returned orders should be sent via courier or registered post. If the goods fail to arrive at the Company you will not be eligible for a credit note or refund. The Company cannot be held responsible for goods lost or damaged in the post. Goods returned after the return period has expired will not be eligible for a credit note or refund and the order will be returned to the Purchaser at the Purchasers own cost.
- The Company will not reimburse the Purchaser’s return delivery costs except in the case of a manufacturing error. Where a manufacturing error has occurred, return postage cost of up to £8.00 UK or £25 International may be reimbursed upon proof of postage. Where the postage exceeds the stated value, prior approval must be obtained from The Company in writing.
- All return packages must include a completed returns form, which can be downloaded from the Company website.
- All the Company’s products are guaranteed for a minimum of 28 days from the date of delivery, subject to the following conditions without prejudice to the Purchaser’s statutory rights.
- In the event of a complaint arising during the period of guarantee, the Purchaser should notify the Company regarding the nature of the complaint before returning the goods. If the Company is satisfied that the Company’s product has become defective due to faulty workmanship or material, in normal use, in accordance with the Companies instructions, the Company will, at the Company’s discretion, either despatch a direct replacement free of charge or repair the article free of charge if returned carriage is paid to the Company.
- Products not manufactured by the Company will receive the same guarantee conditions as extended by the supplier to the Company.
- It is the responsibility of the Purchaser to ensure that all goods are used in in line with the manufacturer’s instructions. Contravention of such instructions invalidates the guarantee and any rectification carried out by the Company at the request of the Purchaser is chargeable by the Company.
- The Company reserves the right to decide whether a product has been tampered with in which case the guarantee becomes invalid.
- The Company’s guarantee is explicitly limited to the repair or replacement of defective goods.
- Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense.
- The nett prices quoted are exclusive of carriage &Value Added Tax (VAT). Standard payment terms are payment in full at point of order. Cancellation of orders may result in the cancellation fee being applied at a minimum of at least 50% of the full order value for bespoke or customised products as per clause 9, although the exact sum above depends on the amount of goods in production or completed at the time of cancellation.
- The Company reserves the right to seek full or part payment for specialised items in advance of manufacture.
- Notwithstanding delivery of the Goods to the Purchaser, ownership of the Goods (both legal and equitable) will not pass but remain with the Company. However, immediately on delivery to the Purchaser or into custody on the Purchasers behalf (whichever is the sooner) the risk in the Goods will pass to the Purchaser. Property in the Goods will pass to the Purchaser when all outstanding debts owed to the Company in respect of the goods relevant to this contract have been paid in full. Until that date, the Purchaser is to hold the Goods in a fiduciary capacity as bailiff on behalf of the Company, and shall be responsible for adequately insuring the Goods and if required shall store the goods in such a way that they can be recognised as being held in a fiduciary capacity.
This clause sets out the entire financial liability of each Party (including liability for the acts of omissions of its employees to each other in respect of any breach of this agreement or any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Agreement).
- Nothing in this Agreement shall limit or exclude liability of either Party to the other for death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation.
- Without prejudice to 16 (i), neither Party shall not be liable to the other Party, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any: (a) loss of profit; or (b) loss of goodwill; (c) loss of business; (d) loss of business opportunity; (e) loss of anticipated saving; (f) loss or corruption of data or information; (g) special, indirect consequential damage suffered by one Party that arises under or in connection with this agreement.
- Without prejudice to clause 16 (i) or clause 16 (ii) the Company’s total liability of each Party arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to the price of the Order to which the claim relates.
Inventions, technical information, patents, know-how, registered and unregistered trademarks and service marks (including any trade, brand or business names and any URLs or domain names), registered designs, design rights, copyright and moral rights and topography rights (in each case for the full period thereof and all extensions and renewals thereof), applications for any of the foregoing and the right to apply for a claim priority in respect of any foregoing in any part of the world and any similar rights situated in any country.
- All intellectual property rights in the goods and in any material used in the manufacture of the goods so and shall continue to belong to the Company or a supplier to the Company and the purchaser agrees that it will not infringe any of the Company’s intellectual property rights. In addition, the Purchaser agrees to notify the Company as soon as it becomes aware of any third party infringement of Intellectual Property Rights in relation to the goods or any of them.
- ii. The Purchaser shall leave in position and not cover, deface or erase any notices or other marks (Including, without limitation, notice that a trademark, design, patent or copyright relating to the goods is owned by the Company or a third party) which may be placed on or affixed to the goods.
- This agreement shall be governed and construed in accordance with the law of England and the parties hereby accept the non-exclusive jurisdiction of the High Court of Justice in England in relation to all matters, claims or disputes arising out of or in connection with this agreement.
- In the case that any part or parts of this contract are held to be illegal or otherwise unenforceable, the remainder of the contract should still apply.
- All orders are accepted and executed on the understanding that the Purchaser is bound by these General Conditions of Sale. Where there is any inconsistency between these Conditions of Sale and any Conditions which the Purchaser seeks to impose these General Conditions of Sale shall prevail.
ARUK Sportswear is the business segment of AAR International Ltd. AAR International Ltd is registered in England and Wales. Our registered office is 28 Queenswood Avenue Thornton Heath, CR7 7HY and our company registration number is 08461051.
If you place an order with us, this will automatically indicated that you agree to the above terms and conditions, without exception.