The following terms and conditions ("the Conditions") are the terms on which KA TRADING whose registered office is :  CHURCH COTTAGE BOREHAM ROAD GREAT LEIGHS CHELMSFORD ESSEX CM3 1PP;

 ("KA TRADING/we") or associate company. Sells products and/or services and supersedes all other terms and conditions relating to the subject matter of these Conditions. No variation to these terms and conditions will be accepted unless agreed in writing.

1. PRICE
1.0. The price advertised on any of KA TRADING or its ASSOCIATE web sites(are exclusive of vat).
1.1. Payment of the Quoted/advertised Price shall be made by the Buyer without any deduction of any kind.
1.2. All goods must be paid for IN FULL prior to HAVING ANY embroidery screen print or cad cut (or any change to the original  garment)  unless agreed by the seller in writing
1.3. The price of the goods or the service provided can be subject to change and all prices are correct at the time of dispatch. The seller will Endeavour to advise the buyer prior to dispatch of goods or service. The buyer is bound by any price change that the seller has no control over.
1.4.  All prices quoted are valid for 14 days every effort is made to maintain our prices but these can change without notice

2. CREDIT ACCOUNT
KA TRADING OR ASSOCIATE COMPANIES DO NOT ALLOW ANY CREDIT TERMS unless  agreed by management in writing.
2.1. Account facilities are available at the discretion of the management and only after 6 months of continued trade. (A credit application form being completed and returned and all relevant credit checks being made.) A credit limit will be given and you must abide by our strike 14 day trading terms at all times credit accounts can be canceled at any time without notice.
2.2. If an agreed credit account is in place and the Price is not paid by the due date, interest shall accrue from the date of invoice and, after judgment, at the rate of 10 per cent above the base rate of Royal Bank of Scotland PLC at that time. (This rate is subject to change from time to time.)
2.3. If payment is not received within 14 days from the date of invoice the company will charge £5.00 plus VAT for each phone call chasing outstanding invoices and £5.00 for each statement sent after the first statement
2.4. IF THE ACCOUNT IS NOT SETTLED within 30 days the seller can charge £25.00 plus VAT for each correspondence sent in conjunction with the outstanding invoice / debt .
2.5. If the company instructs Thomas Higgins (company solicitor) to collect the outstanding debt, £25.00 plus VAT can charged for that instruction. And all legal fees will be passed to the buyer.
2.6. The Buyers right to hold or deal in any way with the Sellers shall terminate automatically and the Seller shall be entitled to immediately recover the goods if:
2.7. The buyer being an individual becomes Bankrupt or is the subject of a Bankruptcy Petition or enters into any agreements with creditors or,
2.8. The buyer being a limited company is subject to the appointment of an Administrate Receiver or goes or is forced into any form of insolvency.
2.9. The buyer authorises the Seller, its employees or agents to enter the buyers premises for the purpose of enforcing these provisions.

3. CONTRACT WORK
3.0. Contract work is defined by doing regular work over a period of time at a discounted price ( minimum of 6 orders per 12 month period)
3.1. If at any time the buyer cancels the contract in the first 12 months the seller has the    right to re-invoice at its standard rate to recover its costs If any.
3.2. The seller has the right to cancel any agreement (verbal written or implied ) made in the first 12 months of the contract , if the contract is broken by the buyer . The seller will in force rule 9.3.
3.3. The seller will deem the contract has be cancelled after 3 months if repeat business Is not submitted

4. GOODS
4.0. The description and quantity of the goods to be sold ("the Goods") shall be as set out in the quotation / Sales Order provided by the buyer to the seller.
4.1. Verbally by the Buyer to the Seller or verbally by the Seller to the Buyer ("the Quotation").
4.2. Mandatory note If the BUYER places an order *verbally*, the SELLER will not be responsible for any mistakes. The order is taken in good faith and it is the full responsibility of the buyer to confirm everything in writing.
4.3. Any garment that has been embroidered or screen printed or changed in any way, must be accepted by the BUYER. The BUYER cannot refuse the goods or withhold payment. The buyer can ask for a sample of print or embroidery at any time. Before having there order completed. If the order is complete and sent the buyer cannot refuse the garments and no refunds will be given. N.B. it is the responsibility of the buyer to request any sample for per approval this will be charged at the rate in section 7.2
4.4. By virtue of the goods sold, no warranty is offered as to durability and life of the products sold. The seller cannot guarantee sizes or color as they differ from company to company all sizes and colours advertised are a guild only. The seller will not replace any garment due to size or colour difference Please note that all designs colours sizes are examples and not guaranteed the images advertised on our web sites or catalogues are for reference only and can change without notice.

5.  CANCELLATION
5.0. Any order placed by the Buyer shall be treated as a firm commitment and cancellation will not be accepted unless agreed in writing by the seller. Costs will be incurred in this instance.
5.1. The Seller will make all reasonable efforts to fulfill its obligation under such orders but shall not be liable for any cancellation or suspension of such orders caused by events beyond the control of the Seller.

6. ARTWORK & DESIGN
6.1. The seller has to provide print ready art work /full colour separation on designs
6.2. The seller has an art team who can design or change your logo. At the sellers discretion there could be a charge of £80.00 per hour for this service. The minimum charge for this service is £25.00.
6.3.  Every effort will be made to reproduce the design that the seller provides. In the absence of any art work being provided by the buyer the seller will not be responsible for any print work that does not match the sellers design. In all print on garments the buyer has to accept the printed design can be 15% of either way there is also a chance that the print may bleed in to the garment. The seller cannot be responsible for bleeding on the garments as they all differ from manufacture to manufacture

7. SCREEN PRINTING
7.1. Unless stated we will use basic colours for print i.e. red, black, blue, bottle green etc. . . .It is the responsibility of the buyer to give full printing instructions on colour, position, and size of print. We can print using pantone numbers it is the responsibility of the buyer to provide the pantone numbers. In the absents of any instruction or Pantone number the seller will try and match the colour of the design provided by the buyer. The seller accepts no responsibility for any colour printed wrongly due to the fact that all computer screens / printers differs from make to make and no colour can be guaranteed 100% due to the nature of printing on garments, colours can change. Every effort is made to minimize this but there could be a 15% change in tone either way.
7.2. Every effort is made to reproduce the designs that the buyer provides it is the responsibility of the buyer to provide print ready art work at all times to ensure the quality of the printed design. If the seller has to engage there art team you are bound by the terms and charging scale laid out in section 3.

7.3. Every effort is made to meet the buyers deadlines we work on 28 day turn round on all orders this is subject to sale and demand and availability of garments the seller will contact the buyer of any delay on the delivery of their order.
7.4. In the event that the buyer cancels the order and set ups and screens have been made there will be a charge for the set ups

8. EMBROIDERY
8.1. All embroidery tapes or any alterations to the tape must be paid for by the buyer in the event that the buyer does not want to proceed with the order or cancels for any reason the tape must be paid in full.
8.2. An embroidery stitch out can be requested before any garments are embroidered it is the responsibility of the buyer to make this request A charge of £10.00 is made for this service.
8.3. Unless stated we will use basic colours for embroidery i.e. red, black, blue, bottle green etc. We can match colours of silks to a pantone number but due to the nature of the silk shine the colour can change by 15% either way.
8.4. Every effort is made to meet the buyers deadlines we work on 28 day turn round on all orders this is subject to sale and demand and availability of garments the seller will contact the buyer of any delay on the delivery of their order.

9. CAD CUT designs
We offer three Transfer design services:
9.1. Universal Opaque
This is suitable for nylon, Lycra, spandex, cotton, poly cotton, blends it can be applied over seams its 100% soft handle and can be made up in a four colour print process
9.2. Polytran
This is for single colour transfers and is suitable for big A4 image numbers company log's etc.
9.3. Litho Plastisol
A full colour litho process which can reproduce any design and can be printed on any garment
9.4. Full photo image
Ideal for the birthday party stag and hen party (please note this service has limited use and the seller cannot guarantee the length of time that the image will stay fit for purpose

Info: please note that transfers are heat welded to the garment please do not direct iron to the transfer do not wash over 40 do not tumble dry unless the garment is inside out

10. DELIVERY
10.0. The seller will email the client when the goods have been dispatched  and expected delivery date  contact numbers and consignment numbers if any
10.1. The Seller shall deliver the Goods to the Buyer at the address of the Buyer as shown on the Quotation, or sales order or verbally by 3rd party carriers/ royal mail.
10.2. The delivery date is not guaranteed. Time shall not be of the essence for delivery. The company uses a number of national couriers that all have their own set   of delivery times and none are 100% guaranteed NEXT DAY. Please allow 7 days for delivery.
10.3. Collections can be at the Customer's request, expense and risk, from the premises of KA TRADING, during the hours of 09.30 to 16.00 Monday to Friday excluding Public Holidays.
10.4. We accept no liability of any description for late delivery.
10.5. All deliveries will be charged at the rate of £9.25 per 10 kilo parcel. Saturday deliveries can be arranged (price on application). On smaller items, the Royal Mail can be used and the items sent recorded delivery and charged at £6.50 per package.
10.6. It is the responsibility of the buyer to notify the seller within 24 hours in writing if the package is damaged and if any part of the package is missing along with the goods enclosed. (Please note that it would help with any claims that you take photo evidence of any parcel damage)
10.7. It is the responsibility of the buyer when signing for the package/s that the buyer clearly marks the delivery note that the package is damage / missing / items unchecked. (If this is not done the seller cannot guarantee replacing the goods)
10.8. In the event that the parcel not delivered on time by the 3rd party courier every effort will be made by the seller to retrieve the parcel/s from the courier and will lease with the courier for safe delivery.
10.9. In the event that the 3rd party courier has lost the parcel /s the seller will confirm with the buyer. And will make a claim against the courier. When and if the courier company accepts that the parcel /s are lost. The seller will reprint /embroider the garments again and deliver the goods within 28 days.(subject to garments being available )
10.10. The seller does not accept any liability for any lose to the buyer due to the none delivery of the order.

11. SHORTAGES & NON DELIVERY:
11.0. No liability for alleged shortages of delivery or non delivery of goods will be accepted by the Seller unless claims are notified in writing to the Seller within 24 hours of delivery for shortages

12. MADE TO ORDER GARMENTS
12.1. Every effort is made to meet the clients requirements with design colour and durability KA trading works close with its suppliers to maintain hi quality of service and manufacture
12.2. The delivery date cannot be guaranteed. Time shall not be of the essence for delivery. The seller cannot guarantee any delivery date as it has no direct control of the manufacture or dispatch of goods but the seller will work hard to maintain. and communicate with the buyer if there is ever a problem with delivery
12.3. The buyer agrees to pay a 50% none refundable deposit balance paid before delivery
12.4. The buyer cannot cancel the order as the garments are made for the buyers request and specifications
12.5. The seller can charge the full amount to cover the seller's costs and expenses

13. SAMPLES
13.1. All samples must be paid for in FULL before dispatch. If the buyer returns the garments and they are not to be used the seller will refund 50% of the garment price as long as the returned items are in a resalable condition. No delivery costs are refundable. The buyer is responsible for the cost of returning the garments.
13.2. Printed samples are charged at £75.00 per single colour print on a single garment (1) plus the price of the garment plus postage.
13.3. Any made to order garments samples must be paid for in full
13.4. Samples for ready-made garments are charged @£150.00 and £75.00 for each sample there after

14. ACCEPTANCE
14.1. The Buyer within 24 hours after delivery. The buyer must contact the seller by phone, email or fax. The Buyer shall not be entitled to reject the Goods in whole or in part after such time.
14.2. No rejection of goods can take place, under any circumstances or for any reason, where an embroidery or print has been applied to the garment/s or the delivery service is delayed.
14.3. If the buyer uses /sells / gives away, any part of the goods supplied the whole order has to be paid for in full and without exception. No refunds will be offered and the goods have to be returned new and without being used
14.4. Any items supplied to a Buyer at the Buyer's request - all transactions for Buyer supplied garments are deemed to be at the Buyer's risk and expense.

15.    Rejected goods
15.1. The buyer cannot return any part of the order un less the buyer has it IN WRITING from the seller at no time will the seller accept any returned items by the buyer in breach of this agreement.
15.2. The buyers will contact the seller if the goods are to be returned the delivery will be at the buyer's expense. (If it is proven that the goods supplied are to be replaced the seller will refund the delivery cost)
15.3. The buyer will always send returns back by recorded delivery or by couriers to ensure that the seller has to sign for the goods. The seller will not accept any return that has no record of delivery. Or proof of delivery
15.4. If the buyer decides that the goods are not required and every effort to resolve any dispute cannot be reached then it will be still the buyers responsibility to return the goods at the buyers expense
15.5. If the goods are not returned within 21 days from the date of delivery the seller will not accept any return goods and all moneys own must be paid by return if after 14 days the debt is not settled then the debit will be libel to interest as laid out in the terms

16. TITLE AND RISK
16.1. The Goods shall be at the risk of the Buyer following delivery.
16.2. Goods supplied by the Buyer or any third party on behalf of the Buyer for either embroidery, screen printing or any other purpose, shall always be at the Buyer's own risk. As in section 4 sub sections 4.1 under no circumstance will KA TRADING accept liability, under any condition or circumstance, for any damage to the garments or loss, however incurred, for such Buyer supplied items or garments.
16.3. Notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Seller.
16.4. Until such time as title in the Goods passes to the Buyer, the Seller shall have the right to repossess or otherwise recover the Goods which are have not been embroidered screen printed or changed in any way. In the event that the garments have been changed embroidered or screen printed the seller will use all methods to collect payment.
16.5. Title to artwork or computer disk (known as Origination) is retained by KA TRADING. At no time can this be passed to the Buyer if it is proven that the buyer is indebted to the seller .A copy of the all artwork and computer disks will be kept in archive by KA TRADING, but a copy can be made available to the Buyer. When there is no outstanding debt with the seller. This artwork will only be used at the exclusive instruction of the Buyer. It is deemed that the Buyer has legal rights to use the supplied artwork and will indemnify K A TRADING for any loss or potential loss due to copyright infringement by the Buyer.

17 . LIMITATION OF LIABILITY
17.1. Save in respect of personal injury or death due to the negligence of the Seller, the Seller shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods or late delivery of goods.
17.2. Without prejudice to Condition 6.1, the Seller shall not be liable to the Buyer or any third party for any loss of profit consequential or other economic loss suffered by the Buyer arising in any way from this Agreement.
17.3. Save in respect of personal injury or death due to the negligence of the Seller, the liability of the Seller under these Conditions shall not exceed the Price charged to the Buyer.

18. FORCE MAJEURE
181. The Seller shall not be liable for any default due to any circumstance beyond the reasonable control of the Seller including, but not limited to, Acts of God, war, civil unrest, riot, strike, and lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply or failure to deliver of the Supplier.

19. GENERAL
19.1. If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
19.2. The Seller may, without the consent of the Buyer, sub-license its rights or obligations or any part of these Conditions.
19.3. The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
19.4. The seller can use the buyer's logo to advertise the seller's services. The seller will, at times, post testimonials on its web site to promote the seller's services. If the buyer does not want the seller to use their logo the buyer must contact the sale manager in writing.
19.5. The seller will at time to time send details of special offers and promotional ads that the company feels relevant to its customer base.
19.6. The seller will not use any information provided by the buyer other than to promote its services within the group 13.7. The seller has a full network to provide details to buyer's mobile phone numbers .The seller can at time to time send sms messages to promote the buyers and associates companies services there is no charge for this service.

20. Buying and Selling Goods and Services
KA TRADING follows the guidelines laid down by the DTI
http://www.dti.gov.uk/consumers/buying-selling/index.html

21. Refunds:
21.0. Due to the customised nature of the products, refunds are not available on customised orders unless the Garments are defective. If you believe your garments are defective you must contact KA TRADING. Immediately. Returns will not be accepted if products have been used, worn or washed.
21.1. We endeavor to carry out all work within the agreed time scales, however we will not be held responsible for any delays or shortages occurring from incidents beyond our control. Every effort will be made to advise customers of any delays
21.2. the seller will send the garments back to the supplier for their comments when in receipt of the report then and only then will the seller replace or not replace the garments .( there is no time scale set for this to happen
21.1. In the event that the seller asks for the garments to be returned , the seller does not accept liability for the goods returned UNTILL  a full report is sent by the clothing supplier

22. ENTIRE AGREEMENT
22.1. Each of the parties agrees that, save in respect of statements made fraudulently, it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.

23. GOVERNING LAW AND JURISDICTION
23.1. This agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.

24. ACCOUNTANTS J ALLEN AND CO
25. SOLICITORS THOMAS HIGGINS AND CO
26. BANKERS ROYAL BANK OF SCOTLAND PLC
CHELMSFORD BRANCH

27. MARKETING.
27.0. When asking for a quote, you are automatically entered in to our marketing register, you will provide us with information about yourself. From time to time we will use that information to send you offer and information that we feel would be advantages to yourself at any time you can ask us to take you of our marketing list . Every effort is made to do this by our auto removal system but there still may be a chance that the information may still get through every effort will be made to make sure this does not happen

28. REPRESENTATIONS
No statement, information warranty, condition or recommendation made by the Sellers employees or agents shall vary or override these conditions.

29. COMPLAINTS
You can complain to the company by email ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or in writing to Complaints KA TRADING Church cottage Boreham Road Great Leighs Chelmsford Essex CM3 1PP 01245 362148

30. RIGHTS OF CONSUMER
30.1. Nothing in these Conditions shall affect the statutory rights of a consumer.

31. Web site
31.0. Run and maintained by www.firebrush.co.uk