3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller’s authorised representative.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms. However, the Seller cannot guarantee exact quantities and shall be deemed to have fulfilled the order by delivery of a quantity +/- 10%.
3.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
3.4 Against all goods ordered and embroidered/printed/bespoke goods, the Seller shall not accept responsibility for any errors in proofs which have been passed by the buyer. At the Seller’s discretion, any charges incurred by the Seller in the preparation of all special tools, artwork, printing blocks, embroidery file developments shall be charged extra.
3.5 All bespoke goods ordered with the Buyers own labels, swing tickets or any other form of embellishment, identification or special design shall remain the full responsibility of the Buyer. The Seller shall be entitled to require the Buyer to pay 100% of any such bespoke goods that have not been delivered to the Seller by the 1st September of every year, unless otherwise agreed in writing by the Seller and Buyer.
3.6 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
3.7 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and the Buyer shall indemnify the Seller 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 Seller as a result of any cancellation. Should the Buyer purport without the agreement in Writing of the Seller to cancel any order which has been accepted by the Seller or refuse to accept delivery of any of the Goods such action shall constitute a breach of the agreement and, the Seller shall be entitled to require the Buyer to pay 100% of the invoice value. In the event of the Seller so requiring the Buyer shall pay such amount to the Seller (without any deduction) within 7 days of receiving from the Seller written notification of the amount required to be paid.