IS CONSULTANCY (UK) LTD trading as IS GROUP
TERMS AND CONDITIONS
Questions about our terms of service should be sent to us at:
- +44 1352 72000
- Opening times 8.30-16.00 Monday to Friday
- IS Consultancy (UK) Ltd t/as IS Group
- Unit 1 Aber Road Aber Park Industrial Estate Flint CH6 5EX
- Company Number 3119795
- VAT number 666774678
All rights reserved
- Terms for website-e-commerce
Unless otherwise agreed in writing by IS Consultancy (UK) Ltd t/as IS Group, by one of the Directors, all sales, all quotations are made and all orders accepted subject to these conditions and shall override any conditions or stipulations incorporated or referred to by the Customer whether in the order or in any negotiations verbally or in writing. No other agreement, promise, undertaking or understanding of any kind shall, unless expressly made or accepted by the Company in writing, form part of, vary, or operate as a waiver of these terms and conditions or any part of them.
We may from time to time make changes to these terms and conditions. Please review these terms and conditions regularly to ensure you are aware of any updates made by us.
- DEFINITIONS (In these Conditions)
“Seller/Company” means IS Consultancy (UK) Ltd trading as IS Group.
“Buyer” means the person who accepts a quotation/estimate of the Seller/Company for the sale of the goods or whose order for the goods is accepted by the Seller/Company. “The Customer” means the person firm or company entering into the contract with the Company. “The Contract” means the contract between the Seller/Company and the Customer. “Goods” means any goods or materials to be manufactured by the Company and/or supplied to the Customer/buyer under the terms of the contract. “The Works” means the manufacture installation or maintenance of signs or other equipment by the Company under the terms of the contract. “Export Contract” means a contract where the goods are being sold to a purchaser whose place of residence is outside the United Kingdom of Great Britain and Northern Ireland.
3. PRICE and AVAILABILITY
For e-commerce purchases, the final prices will include VAT at the current rate and delivery charges. Our products are offered subject to availability. If for any reason we cannot process any part of your order we will contact you by e-mail or phone to advise you. We may need to cancel or refund an item from your order, in which case the funds will be paid directly back to your card. Payments will be refunded to the card used to purchase the goods.
Contract orders via Sales team
- a) All tenders and quotations are exclusive of VAT which will be charged at the rate applicable at the date of invoice.
- b) All prices for delivery within the UK are quoted “ex works”. All prices or goods to be exported from the UK are quoted FOB, UK Port.
- c) The Company may increase the quoted price and the Customer shall pay such increase price if;
(i) Any special access equipment is in the opinion of the Company during the course of the performance of the contract necessary for proper performance of its part of the contract.
(ii) Any drawings plans or surveys whether prepared by or on behalf of the Company of the Customer require any amendment which is either requested by the Customer or which in the opinion of the Company is necessary for the proper performance of its part of the contract.
(iii) Any Part of the contract whether at the request of the Customer or otherwise is to be performed outside the normal working hours 8.00am to 5.00pm Monday till Friday.
(iv) The cost to the Company of any materials to be used in the works increases as a result of circumstances outside the control of the Company, unless specifically mentioned on the face of the quotation or any written contracts the price does not include the cost of removal and disposal of any old signs or other of the Customer’s property from the Customer’s premises. The cost of such removal and disposal will be an additional charge to the price and will be added to the invoice.
E-COMMERCE Site via website
Payment for goods via the on-line shop to be paid for by Visa, Mastercard, or Visa and Maestro debit cards.
Once payment has been received via our online payment service provided by STRIPE you will receive a confirmation e-mail to your specified e-mail address confirming your order. It is the customer’s responsibility to notify us of any errors or changes required within 24 hours of receipt of confirmation. It is the customer’s responsibility to advise us of non-receipt of the confirmation e-mail. The confirmation email will outline the specific details of the product(s) as selected by the customer and show receipt of payment. For those products where the customer has uploaded their own artwork, once isGroup has received confirmation of payment a proof will be issued via email to the customer’s specified email address for approval by the customer. This may take up to 24 hours to process. Once isGroup receives approval from the customer, or if unanswered after 48 hours, isGroup will begin production of the sign. isGroup is not responsible for errors or changes to the sign once production has begun should the customer fail to reply to the proofing email. The final product may differ slightly from that shown in the proofed image due to fabrication limitations.
As our website visitors are both public and commercial customers all prices stated are shown exclusive and inclusive of VAT at the current rate of 20%. Please refer to your confirmation e-mail for a VAT invoice.
2) UK Contract
The Company reserves the right to require payment by cash on delivery or cash against invoice. Where the Company does not exercise the said right payment is due on the last day of the month following delivery of the invoice to the customer. Initial orders to set up a trading account requires completion of trading account and first order requires 50% deposit with remainder of payment on completion before dispatch. Completion of credit approval form from CreditSafe.
- b) Export Contracts
Payment shall be made against invoice before performance of the contract commences unless otherwise agreed in writing by the Company. Customers outside the UK should note that the Company requires letters of credit to be irrevocable and confirmed through a UK registered Bank.
- c) All Contracts
Any sums not paid by the Customer by the due date shall bear interest at the rate of 2% above the prevailing bank base lending rate per annum or part thereof from the date when payment is received by the Company.
- d) The time of payment shall be of the essence of this contract.
- e) The foregoing provisions will be an addition and without prejudice to all other remedies available to the Company for non payment.
- f) Either remittance or two approved trade references and a banker’s reference should accompany orders from buyers who have no previous account with the Company. There is a minimum order value of £50.00 and buyers are requested to consolidate their requirements whenever possible
- E-Commerce shop products
All of our signs carry a 12 month warranty. Any claim under our guarantee must be supported with visual evidence prior to any settlement being authorized.
- a) The Company agrees at its own cost and at its own option to repair or replace any of the goods or parts thereof and to repair or rectify any defects in the works which in each case are proved to the Company to be faulty due to bad workmanship or materials providing in such case that such fault is notified to the Company in writing within a period of twelve months from the date of delivery of the goods or completion of the works or in the case of a Maintenance Contract within one month from the completion of the works.
- b) The Company specifically exempts from the provisions of this clause any part or parts of the goods which were not manufactured by the Company. In the case of such goods the customer shall be entitled to the benefit of any rights obtained by the company in the Company’s contract to purchase the goods or parts thereof.
- LIMITATION OF LIABILITY
Subject to the provisions of clause 5 hereof it is hereby specifically agreed:
Any colours, shapes and sizes may differ from that shown on the website due to visual translation from real products and the use of natural materials. All sizes quoted are approximate. It is the customer’s responsibility to ensure that their substrate, shape, layout, text, and font are correct before proceeding to payment.It is the customer’s responsibility to check their artwork and make sure it is of the correct size, we can help with this using our free design service but once a project is signed off by the customer it is their responsibility.It is the customers responsibility to also take into account the print quality of the substrate they are purchasing we colour match artwork as close as we can but different materials will give different quality print results.
We reserve the right to alter the customers designed product if we feel production may be hindered due to sizing or layout limitations. Any colour samples shown on screen may differ slightly from the physical colour of the material due to different screen resolutions and colour settings. Colours shown on screens are digitally enhanced by contrast conditions on the computer or device being viewed upon.
Upon approval via email of the proof given towards your order, once manufacturing has begun the item becomes non-refundable as all our signs are individually personalised to the customer’s requirements and as such, they are not eligible for return, refund or exchange.
- a) If the Customer has examined a sample of goods produced by the Company the goods shall be deemed to correspond with their description if they correspond with the sample not withstanding the goods may have been described by the Company.
- b) If the Customer has examined the goods or has been provided with plans drawings or specifications or other information by the Company relating to the goods or the works the Customer must make his own judgment as a result of such examination or plans specification and other information. No warranty condition description or representation on the part of the Company is given or implied by these conditions nor is any warranty condition description or representation to be taken to have been given or implied from anything said or written in negotiations between the parties or their representatives by or on behalf of the Company prior to the contract and all statutory or other warranties conditions descriptions or representations express or implied as to the state quality of fitness of the goods or the works the subject of the contract are hereby expressly excluded.
- d) Without prejudice to the generality of the foregoing it is specifically agreed that the Company will in no circumstances be liable.
(i) For any indirect or consequential loss sustained by the Customer as a result of any breach of contract by the Company.
(ii) For any loss occasioned to the Customer arising out of any damage to or destruction of any property of any type on the Customers premises during the performance of the contract howsoever occasioned.
(iii) For any loss or damage suffered by the Customer arising out of any defects in the walls timbers or other structures to which any sign or other goods may have been affixed unless the Company has been asked by the Customer for advice and as advised in arrear on the suitability of such walls timbers or other structure.
- e) In the event of the Company being found liable for any loss or damage (not withstanding the provisions of any of these conditions) the liability shall in no event exceed the contract price.
- f) Nothing in these conditions shall restrict the liability of the Company arising out of any defect in the goods or the works due to the negligence of the Company which causes death or personal injury.
- g) The Company’s liability shall in any event cease if:-
(i) The Customer shall not have paid in full any invoices from the Company on the due date.
(ii) The Company’s representatives are denied full and free right of access to the goods and/or the site where the works have been carried out.
(iii) The Customer permits persons other than those approved or authorised by the Company to effect any replacement of parts maintenance adjustments or repairs to the goods or the works.
(iv) The Customer has not properly maintained the goods in accordance with the instructions pamphlets or directions given or issued by the Company from time to time.
(v) The Customer has used any spare parts or replacements not manufactured by or on behalf of the Company and supplied by it or fails to follow the Company’s instructions.
(vi) The Customer permits any additions or alterations to be made to the goods of whatever kind without the Company’s approval in writing.
- h) In the event of any claim being made against the Customer by reason of any matter referred to and in respect of which the Company is liable under these conditions the customer shall notify the Company in writing within fourteen days of receipt by him of notice of such claim. In these circumstances the Company may on its election conduct all negotiations for the settlement of the said claim and any litigation that may arise there from. The Customer shall not unless and until the Company shall have failed to take over the conduct of such negotiations or litigation make any admission which might be prejudicial thereto. The Customer shall at the request of the Company afford all available assistance for any such purpose. Not withstanding the provisions of any other clauses in this agreement if the Customer shall be in default of its obligations under this clause the company shall be under no liability to indemnify the Customer in respect of any such claim.
- a) Where a period is named for performance of the contract unless such period is extended by mutual consent in writing the Customer shall accept performance within that period.
- b) Any time or date for performance of the contract named by the Company is an estimate only and the Company shall not be liable for the consequences of any delay.
- c) The Customer shall provide to the Company such details as may be necessary or may be required by the Company to enable the Company to perform the contract. If for any reason the Customer fails to provide such details, or if any reason not related to any act of default by or on the part of the Company the Customer is unable to accept the performance of the contract at the
time when the Company is ready and willing to perform the contract the Customer shall indemnify the Company in respect of any losses occasioned to the Company by reason of such failure on the part of the Customer.
- d) Should any default be made by the Customer in paying any sum due under this or any contract between the parties as and when it becomes due, the Company shall have the right either to suspend all further performance of the Contract until such default is made good or to cancel the contract so far as any goods remain to be delivered or work remains to be done.
- a) Any loss or damage to the goods in transit must be noted on the delivery note of the carrier and notified to the Company within three days of receipt of the consignment. In the event of non delivery of the goods the Customer must notify the Company within five days of the date of the invoice for such goods.
- b) No claims for shortages of delivery will be entertained by the Company unless notice in writing is given to the carrier concerned and to the Company and a complete claim in writing is submitted within 3 days of the date of the consignment being received. Where goods are accepted from the carrier concerned without being checked the delivery book of the carrier concerned must be signed “not examined.”
- c) The Company will endeavor to adhere to any stated dispatch or delivery date, but any such date is a business estimate only and the buyer agrees that the Company shall have no liability for any loss resulting from any delay.
- d) The Company may at its absolute discretion postpone delivery of the goods at the request of the buyer in which case the buyer shall make payment as if the goods were delivered and invoiced on the date of such request. The Company may store the goods at its own premises or elsewhere at the buyer’s sole risk and all storage, insurance and transport charges and all other costs arising from postponement of delivery shall be paid by the buyer.
- RETENTION OF TITLE
The risk in the goods supplied by the Company shall pass to the Customer when the Company delivers the goods to the Customer and the Company shall have no responsibility in respect of the safety of the said goods thereafter and accordingly the Customer shall insure the goods thereafter against such risks (if any) as it thinks appropriate. However the ownership of the goods and any goods previously supplied under any other contract with the Company shall remain with the Company which reserves the right to dispose of the goods until payment in full for all the materials has been received by it in accordance with the terms of this contract or any other contract or until such time as the Customer sells the goods to its customers by way of a bona-fide sale at full market value . If such payment is overdue in whole or in part the Company may (without prejudice to any of its other rights) recover or re-sell the material or any of it and may enter upon the premises of the Customer for that purpose. Such payment shall become due immediately upon the commencement of any act or proceeding in which the insolvency of the Customer is involved. The Customer shall ensure that the goods belonging to the Company should be kept separate from those which have been paid for. The Customer is licensed by the Company to agree sell on the goods of the Company subject to the Express condition that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the money of the Company.
- HEALTH & SAFETY
Any liability for ensuring compliance with any requirement statutory or otherwise concerning health, safety or welfare on the premises of the Customer or the client of the Customer or any premises required to be visited on behalf of the Customer rests exclusively with the Customer.
The Customer shall inspect the goods and/or works immediately on delivery or completion and shall within 7 days from such inspection give notice in writing to the Company of any matter or thing by reason whereof it alleges the goods or works are not in accordance with the contract. If the Customer fails to give such notice the goods and work shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to accept and pay for them accordingly.
- APPROVAL AND CONSENT
Unless otherwise agreed in writing by the Company the responsibility for obtaining all approval or consents for the works as may be required by statute contract landlord permission or otherwise shall be the responsibility of the Customer. Where the Company agrees to make all necessary occasions for planning permission under the Town & Country Planning Acts the Customer will pay to the Company a fee agreed applicable at the time of the application or at such other rates as may be agreed between the parties whether or not the application is successful. Where the Company at the request of the Customer commences performance of the contract before any required approvals or consents have been obtained the Customer will
indemnify the Company against any liability arising from such performance and in the event of such permission or consent being refused the Customer shall indemnify the Company against all losses arising from such refusal.
All tools, dies and patterns used in the manufacture of the goods shall remain the exclusive property of the Company even where the whole or part of the cost of such tools, dies or patterns has been charged to and paid by the Customer.
- LETTERS PATENT
- a) The Customer agrees not without the previous consent in writing of the Company to manufacture or sell any third party any goods the manufacture or sale of which would infringe any Letters Patented of which the Company is patentee, licensee or under which the Company is authorised to manufacture or sell.
- b) The Customer shall indemnify the Company against all damages penalties costs and expenses to which the Company may be liable if any work done on the Customers instructions involves an infringement of a registered design trademark copyright or Letters Patent.
- a) All drawings plans specifications technical information and estimates supplied by the Company and the Copyright therein remain the property of the Company and they will be returned by the Customer to the Company forthwith in the event of any order for goods or works of a similar type being placed with another Company and in any event not later than 6 months after they are supplied in the event of no contract having being entered into between the Customer and the Company in relation thereto. All such plans drawings specifications and estimates are confidential and shall be used by the Customer only for the purpose of considering any quotation or tender the performance of the contract or the operation of the goods may not be divulged in any circumstances without the written authority of the Company.
- b) Where drawing plans and technical information are supplied by the Customer the provisions of subparagraphs (a) Without prejudice to clause 6 hereof the Company will accept no liability for any loss caused to the Customer which arises wholly or partly from any defect or error or in omission from the said drawing plans and technical information the Company will accept no liability for any loss caused to the Customer which arises wholly or partly from any defect or error or in omission from the said drawing plans and technical information
The Company reserves the right to subcontract the performance of the whole or part of the contract.
- ELECTRICITY SUPPLY
The Customer will at its cost provide a suitable low voltage electric current supply on the site of the installation of the signs or other equipment at transformer positions to be adjacent to the proposed position of the signs. If the Customer does not so provide, the Company will only install such supply with the consent of and at the expense of the Customer.
The Customer should ensure access by the Company to the site for the purpose of surveying and inspecting of the premises and installing sign or other equipment. Any cost incurred by the Company in the event of delay in obtaining access arranged by the Customer shall be charged to and be paid by the Customer.
If the Customer shall make default in or commit a breach of any of its obligations to the Company or if any judgment shall be entered against the Customer or distress or execution shall be levied upon the Customer, it’s properties or assets or if the Customer shall make or offer to make any arrangements or composition with creditors or commit any act of bankruptcy or if any petition or receiving order shall be presented or made against him or if the Customer being a Limited Company any resolution or petition to wind up such a Company shall be passed or presented otherwise than for reconstruction or amalgamation or if a receiver of the Customers undertaking property or assets or any part thereof shall be appointed by the Customer the Company shall have the right forthwith to determine any contract then subsisting and upon written notice of determination being posted to the Customer at the last known address of the Customer any subsisting contract shall be deemed to have been determined without prejudice to any claim or right the Company may otherwise make or exercise.
Any difference or dispute arising between the Company and the Customer in respect of a contract governed by these conditions shall if the Company so determines to be referred to the arbitration of a person to be mutually agreed upon or failing agreement within 1 calendar month of some person appointed by the President for the time being of the Institute of Electrical Engineers. The submission shall be deemed to be a submission to arbitrate within the meaning of the Arbitration Act 1950 or any statutory modification or re-enactment thereof.
- LEGAL CONSTRUCTION
These terms and conditions and any contract between the company and the Customer are subject to and shall be construed in accordance with English Law and the English Courts shall have jurisdiction in relation to any disputes or claims arising there from.
Any prototypes, models, plans, surveys, illustrations, drawings, descriptions and specifications are intended to give a general outline of the Company’s proposals and are not binding as to details nor to final sizes or arrangements. They shall remain the property of the Company and not be copied or communicated to a third party without the Company’s written consent. The Company reserves the right to charge for any prototype, models, plans, illustrations and drawing supplied at the Customers request. The Company also reserves the right to charge for
attendance at site meetings and surveys. It is the responsibility of the customer to check all artwork proofs in a timely manner to prevent manufacturing delays. Once checked and approved by the customer the artwork will go into production and therefore any changes after this date will be chargeable.
All our signs are individually personalised to the customer’s requirements and as such they are not eligible for return, refund or exchange so please read our product description and view our extensive gallery images to ensure your material and lettering process is as required. We may require photographic evidence or ask that the product is returned to us for further investigation by ourselves or the postal services if either damage in transit or faulty goods are claimed. We will only accept signs returned to us that have not been installed and notification of the error was made within 24 hours from receiving the faulty goods. Goods received damaged in transit will be replaced as soon as we are notified to the same specifications as the original order.
All returnable packages and packing materials will be charged on the Company’s invoice. If returned to the Company within 14 days carriage paid and in good condition full credit will be given
- BULK SUPPLY
Goods ordered and manufactured in bulk under an arrangement whereby they are to be delivered on a call off basis shall unless otherwise agreed in writing be invoiced to the Customer at the total price current when manufactured.
- HEALTH & SAFETY
The goods are sold on condition that;
- a) The Customer carries out such tests and examination of the goods as are reasonably practicable to ensure that when used the goods are safe and without risk to health and comply with all local laws and regulations,
- b) The Customer shall, if so requested by the Company, enter into a written undertaking to take such steps as may be specified by the Company relating to such tests and examination.
- c) The Customer shall indemnify the Company against any loss, liability or expense arising from the Customer’s failure to carry out any such tests or examinations required under (a) and (b) above.
26. FORCE MAJEURE
The Company shall not be liable for any loss or damage caused by any delay in performance or by non performance of any of its obligations where the same is occasioned by any cause whatsoever which is beyond its control including, but limited to, acts of good, war (whether or not declared), riots, civil commotions, fire, explosion, sabotage, storm, flood, earthquake, fog, subsidence, adverse weather conditions, pestilence, epidemics, legal restrictions, or acts of any Government or branch or agency thereof (including without limitation any local Government), non availability of transport, strikes, lockouts or trade disputes of whatever kind, cessation or interruption of operation of any plant or process, failure of supply of raw materials or components of or breakdown of machinery. Should any such event occur the Company shall be entitled to cancel or rescind or suspend the contract or suspend any delivery without liability for loss or damage resulting there from but only after advising the Customer in writing of the cause of the cancellation or rescission or suspension.
With the General Data Protection Regulation Act of 2018, here we lay down our process to how we store and handle customer data/information.
We, as the “Data Handlers” store customer data supplied to us by the consumer at checkout stage of our website. This information consists only of the following; Name, Email address, Billing/Delivery address, and Phone number.
Any payment details are managed by third party subcontractors “Data Controllers” STRIPE.
Delivery details are then managed by ourselves and shared with required couriers; i.e. Royal Mail and any other chosen courier.
Each third party subcontractor we entertain, are committed to keeping your data confidential.
If you wish for your information to be deleted, you must provide notice of this request to us. Your information will then be removed from our database.