The MiCE Merchandise Company


1. The contents of all proposals submitted by The MiCE Partnership Ltd, trading as The MiCE Merchandise Company hereinafter called "the Company" is deemed to be the intellectual property of the Company and unless agreed in writing by the Company to the contrary, remains the sole copyright of the Company.

2. All proposals and estimates are submitted subject to the following terms and conditions and the placing of instructions to proceed is deemed to be an acceptance of such terms and conditions by the Customer. All price estimates given are subject to a final quotation to the agreed specification and are valid and available for acceptance for 21 days from date of issue. Purported acceptance by the Customer outside this period shall be at the absolute discretion of the Company.

3. a) The Company reserves the right to charge the amount of any Value Added Tax payable whether or not included on the estimate or invoice as appropriate and at the rate applicable at the time of invoicing.
b) Where an order involves the export of goods the Customer shall in addition to the price indemnify the Company for any other expenses the Company may incur in connection with the export and delivery to the Customer including but without prejudice to the generality of the foregoing import/export duty. Such expenses shall be paid within 7 days of the Company notifying the Customer of the sums due.

4. All work carried out, whether experimentally or otherwise, at the Customers request shall be charged.

5. a) Delivery of work shall be accepted when tendered and thereupon, or, if earlier, on notification that the work has been completed whereupon payment in full shall become due.
b) Unless otherwise specified the price quoted is exclusive of any delivery charges which may be incurred. A charge will be made to cover any delivery costs.
c) Should expedited delivery be required an extra fee may be charged to cover any overtime or any other additional costs involved.
d) Should work be suspended at the request or delayed through any default of the Customer for a period of 30 days the Company shall be entitled to immediate payment for work already carried out, materials specially ordered and any other additional costs incurred by the Company including storage.
e) Delivery dates quoted by the Company are approximate only and failure by the Company to adhere to any such dates does not entitle the Customer to reject the goods, terminate the Contract, or withhold payment of any part of the Contract price unless the Company is notified in writing by the Customer that time is of the essence, or is given a specific deadline in writing for such delivery.
f) All work carried out by the Company is accepted upon a full payment with order basis unless notified to the Customer in writing.
g) Where credit terms are offered to a customer it is on the strict understanding that settlement terms are strictly net within 28 days of invoice date. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, the Company charges interest on late payments at the Bank of England Base rate plus 8%.

6. a) A charge will be made to cover any additional work involved where print copy supplied is not in agreed or specified format, and where during production the Customer requests additions, deletions or changes.
b) Where jobs are requested at short notice or where the Customer fails to comply with any schedule of time prepared by the Company, the Company reserves the right to implement a supplementary rush charge.

7. Estimates are based on current costs of production and are subject to amendment on acceptance or at any time after acceptance to meet any rise or fall in such costs. Where possible the Customer will be notified of any such changes.

8. Proofs of all printed matter work may be submitted for Customers’ approval and the Company shall incur no liability for any errors not corrected by the Customer in proofs so submitted. Customer’s alterations and any additional proofs shall be charged extra.  When style, type or layout is left to the Company’s judgment, changes thereafter made by the Customer shall be charged extra.

9. Every endeavour will be made to deliver the correct quantity ordered but quotations are conditional upon margins of 10 per cent being allowed for overs or shortage, the same to be charged or deducted.

10. Claims arising from damage, delay or partial loss of goods in transit must be made in writing to the Company and carrier so as to reach them within three days of receipt of delivery and claims for non-delivery within 28 days of dispatch of the goods.  All other claims must be made to the Company within ten days of delivery.

11.a) Metal, film, glass and other materials used by the Company in the production of type, artwork, illustrations, photography, plates, moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain the Company's exclusive property.
b) Type may be destroyed and lithographic, photogravure, or other work, effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.

12. Customer's property and all property supplied to the Company by or on behalf of the Customer will be held, worked on, and carried out at Customer's risk.

13.a) The Company may reject any paper printing plates or other materials supplied or specified by the Customer which appear to them to be unsuitable. Additional costs incurred if materials are found to be unsuitable during production may be charged.
b) Where materials are so supplied or specified, responsibility for defective work will not be accepted by the Company unless this is due to its failure to use reasonable skill and care.
c) Quantities of materials supplied shall be adequate to cover normal spoilage.

14.a) The Company shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature.
b) The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter printed for the Customer or any infringement of copyright, patent or design.

15. The Company shall not be liable for any loss to the Customer arising from delay in transit not caused by the Company.

16. If the Customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they come due or being a Company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the Company, without prejudice to other remedies shall
i) have the right not to proceed further with the Contract or any other work for the Customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to him, and
ii) in respect of all unpaid debts due from the Customer have a general lien on all goods and property in his possession (whether worked or not) and shall be entitled
on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.

17. The Company shall be under no liability if it shall be unable to carry out any provision of the Contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike, or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials, required for the performance of the Contract. During the continuance of such a contingency the Customer may by written notice to the Company elect to terminate the Contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

18. By ordering any goods from the Company the Customer will be deemed to accept that these Conditions take precedence over any other conditions contained in any other document and that such other conditions will not form part of the Contract between the Company and the Customer, unless such variation shall be specifically agreed in writing and signed by a senior partner of the Company.

19. a) Risk in the goods shall pass to the Customer when the Customer or its agent takes delivery of the goods or collects them.
b) Even though risk in the goods has passed in accordance with Clause 19 (a) the Customer will not own the goods until one of the following events occurs:
(i) the Company is paid for the goods and no other amounts are outstanding from the Customer to the Company in respect of other goods or services supplied by the Company
(ii) the Company waives its right in writing under Clause 19(b) in respect of specified goods whereupon ownership of those goods will immediately vest in the Customer.
20. Before Title has passed to the Customer under the terms of Clause 19(b) and without prejudice to any of its other rights, the Company shall have the right to recover and resell the goods or any of them and may enter upon the Customer's premises by its servants or agents for that purpose. Where goods have been personalised to Customers specifications thus rendering the product unsuitable for resale, the buyer must compensate the Company for any loss.

21. These Conditions and all other express Terms of the Contract shall be governed and construed in accordance with the Laws of England.

Terms and Conditions of Trading
Updated version applicable from: 1st January 2013

The MiCE Merchandise Company is a trading name of the MiCE Partnership marketing services group.


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