Terms And Conditions

 

1. DEFINITIONS AND INTERPRETATION 

1.1 In these Terms & Conditions (“Terms”), unless the context otherwise requires: 

(a) ULTRATEND, we, us, or our means Ultratend Ltd, Company Registration Number 13838937, whose registered office is at 71–75 Shelton Street, London, WC2H 9JQ, United Kingdom. 
(b) Client, you, or your means the business customer purchasing the Products or making use of the Website. 
(c) Products means the promotional merchandise, branded goods, customised items, and related services supplied by ULTRATEND. 
(d) Artwork refers to all creative assets, logos, design files, fonts, brand marks, images, or instructions provided by you. 
(e) Quotation refers to the written estimate issued by ULTRATEND indicating indicative pricing. 
(f) Order means any request for Products made by the Client. 
(g) Order Confirmation means ULTRATEND’s written acceptance of the Client’s Order. 
(h) Business Day means any day other than Saturday, Sunday, or a public holiday in England. 
(i) Website means PromoForBusiness.com and all associated pages. 

1.2 These Terms constitute the entire agreement between the parties, replacing all prior discussions or agreements, and override any terms which the Client may attempt to impose. 

1.3 These Terms apply strictly to business-to-business (B2B) transactions. The Client expressly warrants that it is not acting as a consumer and is not entitled to consumer statutory protections. Shape 

2. BASIS OF CONTRACT 

2.1 By accessing the Website, submitting a Quotation request, supplying Artwork, approving proofs, or placing an Order, the Client confirms it has read, understood, and agrees to be legally bound by these Terms. 

2.2 No contract shall exist between ULTRATEND and the Client until: 

(a) ULTRATEND issues a written Order Confirmation; 
(b) the Client provides written final Artwork approval; and 
(c) any required payment or deposit is received in full. 

2.3 ULTRATEND reserves the absolute right to reject or cancel any Order prior to issuing an Order Confirmation and is under no obligation to provide reasons.Shape 

3. AUTHORITY TO CONTRACT 

3.1 The Client warrants that any person placing an Order or approving Artwork on its behalf has full corporate authority to do so. 

3.2 ULTRATEND accepts no responsibility for verifying internal authority within the Client’s organisation and shall treat all instructions received from the Client’s employees, agents, or email domains as fully authorised. 

3.3 The Client indemnifies ULTRATEND against all losses arising from unauthorised Orders placed within its organisation.Shape 

4. QUOTATIONS AND PRICING 

4.1 Prices displayed on the Website are indicative only and do not constitute an offer. 

4.2 Quotations issued by ULTRATEND are: 

(a) Valid for 14 days, unless otherwise stated; 
(b) Subject to stock availability, artwork verification, and supplier conditions; 
(c) Based strictly on the Client’s instructions and may change where specifications later differ. 

4.3 ULTRATEND may amend pricing at any time prior to Order Confirmation where necessary due to: 

  • Supplier cost increases 

  • Currency fluctuations 

  • Material changes 

  • Errors or omissions in the original Quotation 

4.4 All prices are exclusive of VAT, delivery charges, branding costs, handling fees, origination charges, and other ancillary expenses, unless expressly stated otherwise. Shape 

5. PAYMENT TERMS 

5.1 Unless expressly agreed in writing, all Orders require full payment in advance of production. 

5.2 Where credit terms have been approved in writing, invoices shall be payable within the agreed period (e.g., Net 30 Days). 

5.3 ULTRATEND reserves the right to withdraw credit terms without notice. 

5.4 Late payments shall incur interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, plus all reasonable costs associated with recovering overdue sums. 

5.5 Title to the Products remains with ULTRATEND until full payment is received. 
Risk in the Products passes to the Client upon delivery. Shape 

6. ARTWORK, INTELLECTUAL PROPERTY AND CLIENT INDEMNITIES 

6.1 The Client shall provide all necessary Artwork. The Client warrants that: 

(a) it owns all rights in the Artwork or holds valid licences; 
(b) the Artwork does not infringe any copyright, trademark, design right, moral right or intellectual property belonging to any third party; 
(c) it has full authority and permission to instruct ULTRATEND to use, reproduce, and apply the Artwork. 

6.2 ULTRATEND shall have no duty to verify the Client’s rights and shall not be liable for any IP infringement claims. 

6.3 The Client fully indemnifies ULTRATEND against all claims, losses, damages, costs, legal fees or expenses arising from: 

  • Alleged or actual IP infringement; 

  • Misuse, unauthorised or unlawful use of Artwork supplied by the Client; 

  • Branding instructions provided by the Client. 

Shape

7. ARTWORK PROOFS, APPROVAL AND VARIATIONS 

7.1 ULTRATEND will supply a digital proof showing the proposed branding. 

7.2 It is the Client’s sole responsibility to check: 

  • Dimensions, layout, text accuracy 

  • Font rendering 

  • Colour matching 

  • Positioning and scale 

  • Conformity to brand guidelines 

7.3 Once the Client provides written approval: 

(a) No further amendments shall be permitted; 
(b) ULTRATEND shall not be liable for any errors the Client failed to identify; 
(c) Production will proceed immediately; 
(d) The Order becomes non-cancellable. 

7.4 ULTRATEND will endeavour to achieve close colour matches but cannot guarantee exact pantone or shade uniformity due to manufacturing and material variations.Shape 

8. PRODUCTION TIMES, DELIVERY AND NON-PERFORMANCE 

8.1 Any delivery dates provided by ULTRATEND are estimates only. Time shall not be of the essence. 

8.2 ULTRATEND shall not be liable for delays attributable to: 

  • Couriers, freight providers or customs authorities 

  • Supplier shortages or production delays 

  • Force majeure (see Clause 15) 

  • Incorrect or incomplete instructions from the Client 

  • Failure by the Client to provide timely approvals or payments 

8.3 Delivery will be made to the address stipulated by the Client. 
Additional charges may apply for redelivery, failed delivery attempts or address amendments. 

8.4 The Client must inspect the Products immediately upon receipt. 
Claims for shortages, damage or defects must be submitted within 48 hours of delivery, failing which goods shall be deemed accepted.Shape 

9. QUANTITY TOLERANCES AND INDUSTRY VARIATIONS 

9.1 Due to the nature of printing, embroidery and manufacturing, the Client accepts industry-standard variations, including: 

(a) Up to ±10% quantity variation, for which the Client shall pay pro-rata; 
(b) Minor inconsistencies in colour, texture, finish, thread count, ink density or print alignment; 
(c) Slight differences in production batches; 
(d) Colour deviations caused by screen or monitor differences. 

9.2 Such variations do not constitute faults, defects or grounds for rejection or return.Shape 

10. CANCELLATION, RETURN AND REFUND POLICY 

10.1 Due to the customised nature of promotional merchandise, Orders cannot be cancelled after artwork approval or once production has commenced. 

10.2 Returns shall only be accepted where the Products are defective due to ULTRATEND’s error. 

10.3 Custom-branded Products cannot be returned for reasons including, but not limited to: 

  • Dissatisfaction with approved Artwork; 

  • Minor variations in colour, print quality or placement; 

  • Change of mind or internal organisational changes; 

  • Late delivery where delay was outside ULTRATEND’s control. Shape 

11. WARRANTIES AND LIMITATION OF LIABILITY 

11.1 ULTRATEND warrants that the Products will materially conform to the approved proof and to any product specifications provided. 

11.2 Except as expressly stated in these Terms, all warranties (express or implied) are excluded to the fullest extent permitted by law. 

11.3 ULTRATEND shall not be liable for: 

(a) Loss of profit, business, reputation, production or anticipated savings; 
(b) Indirect, consequential or economic loss; 
(c) Costs arising from Client delays or errors; 
(d) Reputational damage or internal consequences suffered by the Client; 
(e) Any loss caused by courier issues, customs delays or other third parties. 

11.4 ULTRATEND’s total aggregate liability shall not exceed the value of the Order. 

11.5 Nothing excludes liability for death or personal injury caused by negligence or fraud.Shape 

12. WEBSITE USE AND RESTRICTIONS 

12.1 The Client agrees not to misuse the Website, breach security protocols, scrape data, reverse engineer functionality or interfere with its operation. 

12.2 ULTRATEND reserves the right to suspend or terminate access to the Website where improper use is suspected.Shape 

13. DATA PROTECTION 

13.1 ULTRATEND processes personal and business contact information in accordance with its Privacy Policy, available at: 
https://promoforbusiness.com/policies/privacy-policy 

13.2 The Client agrees that communication may be conducted by email for the purposes of contract administration and marketing (subject to UK GDPR and PECR rules).Shape 

14. VARIATION OF TERMS 

14.1 ULTRATEND may amend these Terms at any time by publishing the revised version on the Website. 

14.2 Contracts already in progress shall remain governed by the Terms in effect at the time of Order Confirmation.Shape 

15. FORCE MAJEURE 

15.1 ULTRATEND shall not be liable for failure or delay where such failure results from events beyond its reasonable control, including but not limited to: 

  • Strikes, industrial disputes or labour shortages 

  • Fire, flood, natural disaster or extreme weather 

  • Epidemics or pandemics 

  • Transport interruption or failure 

  • Supplier bankruptcy or delay 

  • Government directives or regulatory changes 

  • Power outages or communication failures Shape 

16. TERMINATION 

16.1 ULTRATEND may terminate the contract immediately where: 

(a) The Client becomes insolvent or unable to pay its debts; 
(b) The Client breaches these Terms; 
(c) ULTRATEND reasonably suspects fraud or misuse. 

16.2 Termination shall not affect accrued rights. Shape 

17. GOVERNING LAW AND JURISDICTION 

17.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales. 

17.2 The courts of England and Wales shall have exclusive jurisdiction over any dispute. 

Shape 

18. CONTACT INFORMATION 

For enquiries relating to these Terms, please contact: 

📮 ULTRATEND LTD 
71–75 Shelton Street, London, WC2H 9JQ, United Kingdom 
📧 support@promoforbusiness.com