Terms and Conditions

All business of the above company (know respectively or severally at any time as the “Company”) in respect of all sales agreements with purchasers (the “Customer”) of Goods belonging to the Company is carried on subject to the following Terms and conditions (the “Terms”) except where varied by specific written agreement of the Company. In placing an order with the Company the Customer shall be deemed to have agreed to and accepted these Terms at all times. In these Terms the “Contract” is the Contract for the supply of Goods by the Company to the Customer for money or money’s worth formed by the Company’s acceptance of the Customer’s order on the Company’s Terms.

1. No order will be binding on the Company unless and until accepted by the Company in writing or by delivery of any Goods being the subject of the order.

2. All orders are accepted by the Company at its sole discretion and only on the basis that these Terms (or any aforesaid variation) apply to the order and any terms endorsed on or contained or referred to in any Customer’s order or other communications issued to the Company which are inconsistent with these Terms or are not specifically agreed to in writing by the Company shall be deemed to be superseded and nullified by these Terms.

3. The Company reserved the right to amend any error or omission on price lists, quotations, orders and confirmations, invoices or credit notes at any time.

4. While all shipping and delivery dates issued by the Company are given in good faith and all reasonable efforts will be made to adhere to them, the Company accepts no liability for any failure to comply with such dates caused by force majeure or by reason of any cause beyond the Company’s reasonable control and accordingly time of delivery shall not be of the essence.

5. The Company shall be entitled to make partial deliveries and failure to deliver part only of any order shall not entitle the Customer to reject the Goods. Any unexpected short deliveries must be notified to the Company within 3 days.

6. If the Customer fails to take delivery of the Goods on delivery, the Company shall without prejudice to its other rights, be entitled to store the Goods at the Customer’s expense and risk and the Customer shall pay all storage and additional carriage costs incurred.

7. While every effort is made to supply Goods in accordance with samples, designs and or agreed specification the Company reserves the right to modify designs, specifications and materials at any time where such modifications do not materially affect the quality, function or fitness for purpose of the Goods or to comply with any applicable standards or legal requirement. Our technical information page has information about fabrics that we use and form part of our terms and conditions.

8. The retail prices quoted in Company’s price lists or other communications shall not limit the Customer’s right to set its own wholesale or retail prices.

9. All prices published or quoted by the Company are exclusive of V.A.T or other state or local taxes and unless otherwise notified in writing to the Customer, all Goods will be invoiced at the price stipulated in the Company’s published price list current at time of acceptance of order in the case of orders for delivery in instalments each instalment shall be invoice at the price stipulated in the Company’s published price list a the date of dispatch of such instalment.

10. Where UK Customer’s single delivery address is in the UK, prices include delivery for orders in excess of £2000, for teamkits, and £150 for balls and smaller products and total invoice value (excluding VAT) and in the case of orders below said value carriage will be charged extra according to Customers preferred means of delivery. Delivery of contact shields, tackle bags, post protectors and advertising foam products will be quoted for separately.

11. For all orders requiring delivery to an overseas destination, all carriage is extra to the total invoice price of the Goods and chargeable according to Customer’s preferred means of delivery. The customer will be liable to pay for any import duties charged by the country that they have requested the goods to be sent to, unless agreed otherwise in writing by the company.

12. Unless otherwise agreed, for accepted trade accounts the Company shall invoice the Goods on or after dispatch of the Goods and shall also be entitled to invoice each instalment as and when such is dispatched. Payment of all sums due in respect of Goods, in money or money’s worth, shall be made in sterling within 14 days of the date of the relevant invoice. The Company shall be entitled to pursue by all legal means all monies outstanding beyond this date even if property in all or part of the relevant Goods has not passed to the Customer. The company reserves the right to make an additional charge to cover any additional administrative expenses which it may thereby incur. For bespoke team kits a deposit paid in advance of 50% is required and the remainder paid upon delivery.

13. Where payment is not made in full by the due date then without affecting any other right which it may have, the Company may deduct all outstanding amounts from monies due to the Customer on any account whatsoever. The Company will issue a reminder of the amounts outstanding, should, no payment be received within 14 days of this reminder then a Credit Management company, appointed by the Company, will be instructed to recover the debt.

14. All amounts referred to the Credit Management company will attract an additional charge , payable directly to the Credit Management company. This charge is made at a variable % above the current bank base interest rate, and charges will begin to be accrued from 15 days after the date of invoice. Represented cheques will incur a £ 30.00 charge. Additionally, the company reserves the right to apply an administration fee which will be £30 per outstanding invoice plus 5% apr of the invoice which will be charged back to the date when the invoice became overdue for settlement.

15. Unless otherwise agreed, between the Company and the Customer, export trade sales shall be subject to FOB Terms (as defined in the latest published version of Inco Terms at any time) and the Customer shall be responsible to obtain all import licences, clearances and consents necessary to ensure that Goods comply wit all legal requirements wherever arising.

16. The Customer may not withhold or make any deduction from or set off against any payment due to the Company without prior written agreement of The Company.

17. The Company will at its option replace or refund the price of any Goods that are shown to the Company’s reasonable satisfaction to be defective in materials or workmanship at the time of delivery or to be a shortfall in quantity delivered provided that:

17.1 the Customer inspects the Goods on delivery and notifies the Company in writing of any alleged defects, shortage or damage within 5 days of delivery and if the Customer fails to comply with these provisions, the Goods shall be deemed to be in accordance with the Contract and free from any defect, shortage or damage which would be apparent on a reasonable inspection of them;

17.2 when signing for deliveries the Customer must report any damage or shortage clearly on the delivery note;

17.3 loss or non-delivery must be notified to the Company in writing and to the carrier within 14 days of the dispatch date on the advice note or invoice;

17.4 where a defect would not have been apparent on a reasonable inspection of Goods under clause 17.1, the Customer notifies the Company as soon as reasonably possible when the defect becomes apparent or within 30 days of delivery whichever is sooner; and 

17.5 the Customer provides all information and assistance required by the Company to investigate or determine any suspect defect and, if required, permits the Company to inspect the Goods concerned at its premises.

18 Clause 17 defines the Company’s full liability in respect of the Goods. All other conditions, Warranties or other undertakings concerned with the Goods whether express or implied by statute, common law, custom, usage or otherwise, are excluded except that nothing in these Terms shall exclude any liability of the Company for death or injury resulting from negligence or for breach of Terms as to the title under Section 12 of the UK Sale of Goods Act 1979.

19 Without prejudice to the provisions of clauses 17 and 18, the Company shall not be liable for any costs, damages, losses or expense arising out of any tortuous act or omission or any breach of Contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals.

20 Save where English law prohibits such limitation of liability and without prejudice to clauses 17, 18, 19, the liability of the Company shall not in any circumstances exceed the invoice value of Goods in question.

21 No order may be cancelled and no Goods returned without the written agreement of the Company, the returns procedure in such circumstance being detailed in clauses 32, 33 below.

22 All Goods supplied or sold to the Customer by the Company shall be at the Customer’s risk as soon as they are delivered to the Customer’s designated premises or destination or the risk will pass onto the Customer immediately upon the goods leaving our premises if we are to deliver the goods to a third party at the Customer’s request.

23 All Goods shall remain the property of the Company until such time as the Customer shall have paid the agreed price for the Goods, together with the full price of an other Good sold to the Customer, payment for which is outstanding, and until the property in the Goods passes to the Customer, the Customer shall;

23.1 hold such Goods as fiduciary for the Company and shall store, mark and maintain them in such a way that they are readily identifiable as the Company’s property and shall not mix them with any other Goods;

23.2 store and maintain the Goods safely in good saleable condition and insure them for their full replacement value;

23.3 not pledge or allow any lien, charge or other interest to arise over the Company’s Goods or title document;

23.4 agree that the Company shall be entitled to take possession of any Goods and revoke the Customer’s right to sell or use such Goods at any time and the Customer grants to the Company an irrevocable right to enter any premises where the Company’s Goods are stored or thought to be stored at any time for the purpose of inspection or repossession of the Goods.

24 The Company shall have the right to cancel all or any Contracts with the Customer or withhold delivery of any Goods if;

25 The Construction, validity and performance of all Contracts between the Company and any Customer or party at any time shall be governed by English Law and shall be subject to the exclusive jurisdiction of any English Court although this shall not limit the right of the Company to commence proceedings in any other jurisdiction the Company deems appropriate.

26 The Company shall not be liable in any way for loss, damage or expense arising directly or indirectly from any failure or delay in performing any obligation under any Contract causes by circumstances beyond its reasonable control, which shall without limiting the generality of the foregoing be deemed to include war, any military action or force, terrorism, riot, civil commotion, vandalism, strife, sabotage, or breakdown, accident or damage to machinery, equipment, facility, or fire, flood, state legislative or administrative intervention, acts of god, strike, lock-out or industrial dispute (whether or not affecting employees of the Company or its suppliers) or shortage of materials or inability of the Company to procure or access specific material or supplies. In the event of any such occurrence the Company may at its sole discretion perform, suspend or terminate any Contract provided always that it has duly notified the Customer of such occurrences and that no reasonable alternative remedy is immediately available to the satisfaction of the Company in order to provide the Goods.

27 The Company will at its sole discretion supply to the Customer such quantities of promotional material or samples as it deems reasonable to promote the Goods at the point of sale or to the customer and thereafter any further or additional quantities of promotional material or samples requested by the Customer from the Company will be supplied at the Customers expense and billed accordingly by the Company. Should samples be requested and no order placed, then the customer must return the samples and pay the carriage costs stated on the invoice that accompanied the sample. Samples are loaned and must be returned in the same condition as received and within one month of the date sent out.

28 The Customer shall ensure that in connection with the Goods or their packaging or promotion material the Company’s name, reputation, trade marks, logos or images are not misrepresented or used in any other context other than to identify and promote the Goods and that such name, trade marks, logos or images are not added to, extended, obscured, removed, defaced, altered or otherwise impinged upon in any way.

29 All Company Trade marks, logos or images supplied on request by the Customer may be used in or in connection with the promotion of the sale of Goods concerned in advertising material, retail outlets, catalogues, internet trading and provided that the Company’s prior written consent to the manner and form in which they are used is obtained.

30 Any part of these Terms that is void or made unenforceable by English Law shall be deemed severable and shall not affect any other part of these Terms.

31 No waiver or forbearance by the Company whether express or implied in enforcing any of its rights under the Contract shall prejudice its rights to do so at any time in the future.

32 The Company does not operate or enter into sale or return agreements. Any Goods returned without Company authorisation, where no fault is attached to the Company in respect of its obligations carried out, or to be carried out, remain liable to be paid for or the Company compensate for any costs or loss of revenue incurred by it as a result of such returns make.

33 Faulty goods must be returned within one week of supply with the fault clearly indicated without defacing the garment. The customer shall return the goods as per a method agreed with the Company, and if their complaint is upheld by the Company then a full refund of the cost of the return postage will be given.

34 The RETURNS PROCEDURE for Goods in connection with clause 21 must be only sent to the respective Warehouse address as advised by the Company. Returns will only be accepted by prior arrangement. Under no circumstances whatsoever will soiled, worn or washed goods be accepted. These will be returned to you immediately. Underwear is strictly non-returnable. All goods must be returned in their original, undamaged, garment packaging, if so supplied in. Failure to do so will result in the returned goods being refused or return costs being charged.

35 Returns, where there is no fault with the goods, and where we have supplied what has been requested, will incur a 15% restocking charge plus any delivery costs that the Company has or will incur. Non faulty goods supplied with any printing and/or embroidery, can not be returned for credit. The cost of postage and packing for the return of these will be charged for.

Throughout these terms and conditions the term “we” or “Primate” refers in all instances to Primate Merchandise Ltd

All information including pricing is correct at the time of publishing. The downloaded Terms & Conditions are appropriate to team and bespoke orders NOT retail purchases by credit/debit card.

Items cannot be reserved for customers. All stock is sold on a first come basis, however Primate will endeavour to find suitable alternatives to offer to customers.

All items are subject to availability.

The reproduction of products is as accurate as photographic and printing processes permit and Primate cannot accept responsibility for variances in colour and style. Every effort will be made to ensure that the reproduction is of the highest quality. However, as the computer screen you use will affect some colours, we cannot guarantee that your monitor will reflect the true colour of the products.

Primate reserve the right to alter the specification of products as necessary and offer an equivalent or better product in the event of stock anomalies.

We cannot accept overseas orders placed through our website. Please phone 0845 4501008 or email u2us@primate8.co.uk  for details on overseas orders.

Primate reserves the right to refuse orders.

If, for any reason you are unhappy with the item(s) you have ordered you have the right to cancel.

(a) If you wish to cancel before the items are despatched you are asked to contact us, by e-mail or phone as soon as is practicably possible.

(b) If your cancellation request is received after the items have been despatched, please return the goods to us indicating whether you require an exchange or refund. Our returns procedure can be found below.

Statement on Returns

You are welcome to return any unwanted or unsuitable products for an exchange or refund, providing they are returned in a new and unused condition. You are responsible for the return postage costs. Made to order products and those that have been embellished are non-returnable.

If you are not happy with any purchase for any reason, you may return it to us for an immediate replacement or refund. This does not affect your statutory rights.

Primate does not offer a free returns service unless the items are faulty or incorrectly sent. We reserve the right to charge an extra £5 postage in order to post exchanged goods to the customer. This will not be applied to small items/clothing.

Pack your parcel securely making sure you include your delivery note and invoice, the reason for the return and send to:

Primate Return Department
Downend House
112 North Street
Downend
Bristol
Bs16 2TS

Take the parcel to the post office. We advise that you use the "Standard Parcel delivery service" with the extra compensation option if the goods exceed the value of £32.00 ( this option should only cost approximately 50p extra and will ensure you will be compensated in full should your parcel go missing). Please ensure your parcel is covered for the value of its contents.

Primate is not liable for parcels returned by customers. In the event of any claim it is the sender who is responsible for processing the claim.

For any refund processed, a confirmation will be sent to you via the post.

For any replacement, we will process your request within 24 hours, however please allow 14 days turnaround from the time you send your parcel back to us to redelivery.

We regret that underwear is non-returnable unless faulty. Your statutory rights are not affected. Primate doesn't have a returns courier service, therefore all parcels must be returned via your chosen service.

If for any reason you have a query regarding the delivery of your order, please call our customer services helpline on 0845 4501008 or email u2us@primate8.co.uk.