All goods are sold by XAMAX® Clothing Company Limited ("the Seller") in good faith to any purchaser ("the Buyer") upon the following terms which shall prevail over any terms contained in the Buyer’s order or in correspondence or elsewhere unless specifically agreed to in writing and signed by a Director of the Seller.

1) Refunds & Returns

1. Where applicable, plain garments and sample purchases will be refunded in full. Items must be sent back to the Seller at the Buyer’s own expense and no carriage will be refunded unless the items are faulty. Plain garments and sample purchases must be returned under the Seller’s returns process within 21 days of receipt, unless statutory rights require otherwise.
2. Personalised or customised items are exempt from the standard right to cancel where they are made to the Buyer’s specifications or clearly personalised. The Seller will accept a return or refund request where required by law, including where there is a faulty base product or faulty customisation under the terms of the Conditions of Logo Application (section 2), and only from the Buyer.
   1. As personalised or customised items are made to the Buyer’s specification, it is imperative that customers check available size guides for clothing products before ordering decorated items. The act of completing an order implies size guides have been checked and all sizes ordered are correct. Should a size guide not be available on the product description page, a XAMAX® account manager will be able to provide one on request.
3. Should a part refund be requested by the Buyer for an order that originally qualified for Free Delivery, and that refund takes the total order value below the terms of the Seller's Free Delivery offer, the cost of initial delivery of the order will be deducted from the final refund value, unless statutory rights require otherwise.

2) Conditions of Logo Application

1. Logo set up is Free when you spend £100 +VAT on garments embroidered all with the same logo. Fair usage and company discretion based on logo complexity applies.
2. Logo set up is £20 +VAT per new logo if the minimum £100 +VAT is not met. Fair usage and company discretion based on logo complexity applies.
3. "Lifetime Logo Set Up" offers mean the embroidery or print set up files will be kept for the lifetime of that design. Should a new design be required by the Buyer, for example for a rebrand, the Seller will either keep or destroy previously held set up files at their discretion depending on the circumstance.
4. Individual names added to designs will incur extra costs, please speak to our sales department for further information.
5. It is the customer’s responsibility to review the visuals thoroughly, paying special attention to spellings and colours as mistakes cannot be rectified after production.
6. Once visuals have been sent for approval, the order administration process will be paused until such time as written approval is received.
7. It is the customer’s responsibility to ensure they have the right and authority to use any logos or designs provided to XAMAX®. Should a design or logo provided to us be trademarked or copyrighted or confusingly similar to a trademark or copyright and XAMAX® is made aware, the order will be paused until such time as adequate written permission from the trademark or copyright owner is provided to XAMAX® by the Buyer.
8. Should a design or logo provided to us be trademarked or copyrighted or confusingly similar to a trademark or copyright and XAMAX® is unaware and completes the order in good faith, all liability for trademark or copyright infringement shall pass directly to the Buyer and XAMAX® will comply fully with all legal requests for related information.
9. Any logos with a stitch count higher than 8999 stitches will be subject to a surcharge of an additional 25p (£0.25) per 1000 extra stitches. Usually most left breast logos fall under the 8999 stitch count, but if your logo is more detailed, your account manager will be in touch to discuss your options.
10. XAMAX® reserves the right to charge extra monies if the terms are not met.
11. Embroidered design colours could fade if garments are not washed within the constraints of washing instructions.
12. Print quality may deteriorate if washing instructions are not adhered to.
13. Decorated garments must be washed by the Buyer according to the washing instructions before first use to remove any manufacturing impressions or elements left by the decoration processes. These elements or impressions will wash away and are an expected remnant of the processes used; they do not affect the quality or usability of the garments.
14. A redrawing charge may apply to print services if you do not supply your logos in Vector format.
15. The printing process is only as good as the artwork provided.
16. Colours are only as accurate as the printing/display process will allow and are for guidance only.
17. Due to machine/artwork/garment limitations different processes may have to be used to achieve the desired effect. This will be confirmed first with the customer and additional charges may be incurred.

3) Prices

1. The prices payable for the goods shall be those in the Seller’s price list current at the time of order or as agreed with the Seller.
2. VAT shall be added to all amounts payable by the Buyer, where applicable and at the prevailing rate.
3. The Seller reserves the right to revise all prices and specifications as and when it sees fit.

4) Payment Terms

1. Credit Account Payment Terms are strictly 30 days unless otherwise stated.
2. Payment of invoices shall be made in full within the terms prevailing on the date of sale. The Seller reserves the right to charge interest on overdue accounts at the rate of 5% over The Bank of England base rate to run from the due date for payment until receipt by the Seller of the full amount whether or not after judgement.
3. The Seller reserves the right to alter the amount of credit allowed to the Buyer either up or down, as business situations change.

5) Delivery

1. Delivery dates mentioned in any acknowledgement of order or elsewhere are approximate only and are not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on particular date or dates. Unless otherwise expressly agreed the Seller may effect the delivery in one or more instalments. Each instalment shall be treated as a separate contract.
2. Delivery shall be at the Buyer’s premises unless otherwise agreed by the Seller. Goods despatched by the Seller’s normal next day carrier services are subject to a standard carriage charge, goods despatched by special delivery of whatever kind at the Buyer’s request are subject to a carriage surcharge.
3. If the Buyer refuses or fails to take delivery of goods tendered the Seller shall be entitled to terminate the contract with immediate effect or to dispose of the goods as it may determine and the Seller reserves the right to recover from the Buyer a minimum handling fee of 20% of the total price of such goods, plus VAT thereon, which shall be paid by the Buyer within 15 days of the date of invoice.

6) Risk & Title

1. Risk in the goods shall pass to the Buyer on delivery. All goods supplied to the Buyer shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as the Seller shall have received full payment for them together with full payment of all amounts owed by the Buyer to the Seller in respect of any other contract for the sale of goods.
2. Until such payment the Buyer shall be in possession of the goods solely as bailee for the Seller and in a fiduciary capacity and shall store the goods separately and in such a way as to enable them to be readily identifiable as the property of the Seller.

7) Variation & Returns

1. The Seller shall be deemed to have fulfilled its contractual obligations in respect of any delivery though the quantity may be up to 10% more or less than the quantity specified in the contract (seconds stock only) and in such event the Buyer shall pay for the actual quantity delivered.
2. Save as provided herein no return of goods will be accepted unless authorised by the Seller’s sales department prior to dispatch and the Seller reserves the right to charge a handling fee except in the case of faulty goods.
3. Refunds under the Seller’s plain-garment returns process are only allowed on plain garments returned within 21 days of receipt of goods and may be subject to a restocking fee. This does not affect statutory rights where goods are faulty, damaged, not as described or where cancellation rights apply.

8) Liability

1. The Buyer should notify the Seller of any shortages, damage, loss in transit or visible defects as soon as possible after receipt of the goods and, where possible, within 2 days of receipt. Prompt notification helps the Seller investigate delivery, supplier, production and handling issues.
   1. The Seller shall not be liable to the Buyer for shortages in quantity delivered where the Buyer has failed to notify the Seller promptly and that failure has prejudiced the Seller’s ability to investigate or remedy the issue, except where liability cannot lawfully be excluded.
   2. The Seller shall not be liable to the Buyer for damage to or loss of the goods or any part thereof in transit where the Buyer has failed to notify the Seller promptly and that failure has prejudiced the Seller’s ability to investigate or remedy the issue, except where liability cannot lawfully be excluded.
   3. The Seller shall not be liable to the Buyer for defects in the goods caused by fair wear and tear, abnormal condition of storage or use, or any act, neglect or default of the Buyer or of a third party.
   4. The Buyer should notify the Seller of other visible defects as soon as possible after receipt of the goods. The Seller shall not be liable where goods have been embroidered, printed on or changed in form by the Buyer or by a third party after delivery, except where liability cannot lawfully be excluded.
   5. Where the Seller agrees to embroider or print garments supplied by the Buyer, this is done entirely at the Buyer’s own risk. Liability will not be accepted if the Buyer has approved the design embroidered or printed, if the Buyer decides the embroidery or print is not as expected, or if garments are damaged whilst on the embroidery or print machine, except where liability cannot lawfully be excluded.
   6. Where liability is accepted by the Seller, the Seller’s responsibility shall be, at its option, to make good any shortage or non-delivery, replace any goods found to be damaged or defective, or refund the cost of such goods.
   7. Subject to clause 8.3 and any liability that cannot lawfully be limited or excluded, the Seller’s aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods which give rise to such liability as determined by the net price invoiced to the Buyer in respect of any occurrence or series of occurrences.
2. Subject to clause 8.3 and to the fullest extent permitted by law, all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the goods are excluded and the Seller shall be under no liability to the Buyer for any loss, damage or injury, direct or indirect, resulting from defective material, faulty workmanship or otherwise however arising and whether or not caused by negligence of the Seller, its employees or agents.
3. Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded. Nothing in these terms affects any statutory rights that apply to the Buyer.

9) Force Majeure

1. The Seller shall not be liable to the Buyer for loss or damage suffered by the Buyer as a direct or indirect result of the supply of goods by the Seller being prevented, hindered, delayed or rendered uneconomical by reason of circumstances or events beyond the Seller’s reasonable control.

10) Insolvency & Default

1. If the Buyer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if an order is made or a resolution passed for the winding up of the Buyer or if a receiver is appointed over any of the Buyer’s assets or undertakings or if the Buyer takes or suffers any similar or analogous action in consequence of debt or commits any breach of this or any other contract between the Seller and the Buyer the Seller may without prejudice to any of its other rights stop any goods in transit and/or suspend further deliveries and/or determine the rights of the Buyer under condition 5 and/or by notice in writing to the Buyer determine the contract.

11) Governing Law

1. The contract shall be governed by and construed in accordance with English Law; the parties submit to the jurisdiction of English Courts.