Terms and Conditions

1. GENERAL

Chartex Products International is a Limited Company involved in designing and having produced a variety of Instructional Charts for the Fitness, Health and Education Markets. Throughout this document the Company will be referred to as Chartex.

2. INTERPRETATION

“Customer” shall be the person named on the website Order Form.
“Seller” means Chartex.
“Goods” means products ordered on the website.
“Price” shall be the total price shown on the website.

The headings in these Conditions are for convenience only and shall not effect their interpretation.

3. BASIS OF THE SALE

3.1 Chartex shall sell and the Customer shall purchase the Goods at the price and subject to these conditions.

3.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representative of the Customer and Chartex.

3.3 Chartex employees or agents are not authorised to make any representations or give any advice or recommendation concerning the Goods unless confirmed by Chartex in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breech of, any such representations advice or recommendation which are not so confirmed.

3.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

4. ORDERS

4.1 The Customer shall be responsible to Chartex for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving Chartex any necessary information relating to the Goods within a sufficient time to enable Chartex to perform the Contract in accordance with it’s terms.

4.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Customers order (if accepted by Chartex).

4.3 If the Goods are to be manufactured or any process is to be applied to the Goods by Chartex in accordance with specification submitted by the Customer. The Customer shall indemnify Chartex against all loss, damages, costs and expenses awarded against or incurred by Chartex in connection with or paid or agreed to be paid by Chartex in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from Chartex’s use of the Customer’s specification.

4.4 Chartex 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 Chartex’s specification, which do not materially affect their quality or performance.

4.5 No order which has been accepted by Chartex may be cancelled by the Customer except with the agreement in writing of Chartex and on terms that the Customer shall indemnify Chartex 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 Chartex as a result of cancellation.

4.6 - Refund and Cancellation Policy - Refunds will only be given if the goods arrive to the Customer damaged.  Notification must be made to Chartex within 3 days of receipt of damaged product.  Damaged goods must be kept in the original packaging for inspection by the Freight Carrier.  Cancellation of any order must be received within 48 hours of the order being placed.

5. PRICE OF THE GOODS

5.1 For orders within the United Kingdom and Europe VAT is charged at the current rate and is exclusive in the prices quoted on the Chartex Order Form unless otherwise stated on the Order Form. Valid VAT Numbers must be given in order for VAT to be excluded on the invoice. Alternatively Exemption Forms must be provided.

5.2 All prices quoted are valid for 30 days only or until earlier acceptance by the Customer, after which time they may be altered by Chartex without giving notice to the Customer.

5.3 Chartex reserves the right, by giving notice to the Customer at any time before delivery, to increase in the cost to the Seller which is due to any factor beyond the control of Chartex, any change in delivery dates, quantities or specifications of the Customer or failure of the Customer to give Chartex adequate information or instruction.

6. TERMS OF PAYMENT

6.1 Only orders from the UK can be paid online using Sage Pay.  Payment for such orders must be made in advance of dispatch of goods by:

Online payment made via Sage Pay

6.2 Contact Chartex regarding payment for all orders being sent outside the UK.

6.3 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Chartex, Chartex shall be entitled to:

6.3.1 cancel the Contract or suspend any further deliveries to the Customer.

6.3.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other Contract between the Customer and Chartex) as Chartex may think fit (notwithstanding any purported appropriation by the Customer); and

6.3.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per annum above HSBC Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

7. DELIVERY

7.1 Any dates quoted for delivery of Goods are approximate only and Chartex shall not be liable for any delay in delivery of the Goods howsoever caused.

7.2 Packing and Freight charges:
Cost of postage and packing will be added to all orders sent both within the UK and abroad.  

7.3 Delivery time to customers -within 21 working days of receipt of order within the UK and 30 working day for all order sent outside the UK.

8. COPYRIGHT

8.1 Copyright of all Chartex products belongs to Chartex Products International Limited and is printed on each chart/product.

9. RISK AND PROPERTY

9.1 Notification must be made to Chartex within 3 days of receipt of the Product of any damage. Damaged goods must be kept in the container for inspection by the Freight Carrier.

9.2 Risk of damage to or loss of the Goods shall pass to the Customer:
In the case of Goods to be delivered otherwise than at Chartex’s premises , at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when Chartex has tendered delivery of the goods.

9.3 Notwithstanding delivery and the passing of risk in the Goods any other provision of these Conditions, the property in the Goods shall not pass to the Customer until Chartex has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by Chartex to the Customer for which payment is then due.

9.4 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Chartex’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as Chartex’s property. Until that time the Customer shall be entitled to resell or use the Goods in the ordinary course of it’s business but shall account to Chartex for the proceeds of sale or otherwise of the Goods, whether tangible, including insurance proceeds, and shall keep all such proceeds separate from any money’s or property of the Customer and third parties stored, protected and insured.

9.5 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Chartex shall be entitled at any time to require the Customer to deliver up the Goods to Chartex and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

9.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Chartex but if the Customer does so all moneys owing by the Customer to Chartex shall (without prejudice to any other right or remedy of Chartex) forthwith become due and payable.

10. WARRANTIES & LIABILITY

10.1 Subject to the conditions set out below Chartex warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a reasonable period.

10.2 The above warranty is given by Chartex subject to the following conditions:

10.2.1 Chartex shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Chartex’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without Chartex’s approval.

10.2.2 Chartex shall be under no liability under the above warranty(or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.

10.3 Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 977), all warranties conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.

10.4 Where the Goods are sold under a consumer transaction the statutory rights of the Customer are not affected by these Conditions.

10.5 Chartex shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of Chartex’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Chartex’s reasonable control.

10.6 Any claims against Chartex must be submitted in writing and received within two weeks of receipt of the Product, and Chartex shall be entitled to replace the Goods free of charge or, at Chartex’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price) but Chartex shall have no further liability to the Customer.

11. GENERAL

11.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to the other party at it’s Registered Office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

11.2 No waiver by Chartex of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.3 By signing this document and the Contract Order Form the Customer accepts these Terms and Conditions of Sale.