Terms

Returns, Refund and Cancellation Policy

(1) Introduction

Customark understand that from time to time you may wish to return a product to us which maybe faulty, damaged or not fit for purpose.

(2) Returns procedure

In order to take advantage of your rights under this returns policy please contact our Customer Service Department who will deal with your complaint, on an individual basis.

(3) Refunds / Exchanges

We will give you a refund or exchange for the full value of any product properly returned by you the customer who will incur any cost to return the product to us.

(4) Your rights to cancel

You have the right to cancel your order for ice scrapers purchased online anytime from the moment you place the order up to the day you receive artwork for approval. (See point 3 for refunds)

(5) Damaged / incorrect items

If the products supplied by us are incorrect or damaged we will exchange the item and refund any postage costs incurred to return the item to us.

We will check all products that are returned as damaged or supplied as incorrect. In the event that NO fault is found we reserve the right to re-charge you for the labels and recover any expenses from you.

If you feel the items were damaged due to poor packaging please contact our Customer Service Department.

 

General Business Terms and Conditions

The points shown below are the Terms and Conditions that Promo-Ice-Scrapers.com (as part of Customark Limited)
trade under.

1. GENERAL
(A) THESE CONDITIONS SHALL APPLY TO AND BE INCORPORATED IN AND FORM PART OF EVERY
CONTRACT FOR THE SALE OF GOODS OR THE SUPPLY OF SERVICES BY THE LINBY
GROUP OF COMPANIES (’THE VENDOR’) AND THE PLACING OF AN ORDER FOR GOODS OR
SERVICES BY A BUYER (’THE CUSTOMER’) WITH THE VENDOR IS DEEMED TO BE AN ACCEPTANCE
OF THE CONDITIONS BY THE CUSTOMER.
(B) THESE CONDITIONS SUPERSEDE AND REPLACE ANY EARLIER ARRANGEMENTS MADE BETWEEN
THE VENDOR AND THE CUSTOMER RELATING TO THE SALE OF GOODS OR THE SUPPLY OF
SERVICES SO FAR AS THEY ARE INCONSISTENT WITH THESE CONDITIONS AND OVERRIDE ANY
INCONSISTENT TERMS OR CONDITIONS CONTAINED IN ANY DOCUMENT RELATING TO THE ORDER.
(C) REFERENCES TO WRITING IN THESE CONDITIONS INCLUDE COMMUNICATIONS BY FAX OR ISDN.
(D) NO ADDITION TO OR VARIATION OF THESE CONDITIONS SHALL BE BINDING ON THE VENDOR
UNLESS CONFIRMED BY THE VENDOR IN WRITING.
2. QUOTATIONS AND ORDERS
(A) QUOTATIONS ARE SUBJECT TO CONFIRMATION ON RECEIPT OF ORDER. PRICES QUOTED ARE
EX-FACTORY UNLESS OTHERWISE STATED. THE PRICE IS BASED ON THE COST OF RAW
MATERIALS, LABOUR ETC. RULING AT THE DATE OF THE QUOTATION AND IF BETWEEN THAT DATE
AND THE COMPLETION OF THE WORK, SIGNIFICANT VARIATIONS OCCUR IN THOSE COSTS, THEN
THE CONTRACT PRICE MAY BE AMENDED TO PROVIDE FOR THOSE VARIATIONS. ANY TIME
QUOTED BY THE VENDOR IA AN ESTIMATE ONLY AND SHALL NOT FORM A CONDITION OF THE
CONTRACT.
(B) ALTERATIONS OF SPECIFICATION AFTER A FIRM ORDER HAS BEEN PLACED SHALL BE IN WRITING.
EXTRA COSTS INCURRED BY THE VENDOR AS A RESULT OF THIS ALTERATION SHALL BE PAYABLE
BY THE BUYER.
3. PRICE
(A) ALL GOODS OR SERVICES SUPPLIED BY THE VENDOR SHALL BE CHARGED AT THE PRICE RULING
AT THE DATE OF SUPPLY, EXCEPT THAT WRITTEN QUOTATIONS WILL BE VALID FOR 3 MONTHS
FOLLOWING THE DATE OF QUOTATION UNLESS VARIED BY AGREEMENT WITH THE CUSTOMER,
SUBJECT TO THE CONDITIONS SET OUT IN PARAGRAPH 2A ABOVE.
(B) ADDITIONAL COSTS INCURRED DUE TO THE FAILURE OF THE CUSTOMER TO ACCEPT DELIVERY
AND/OR INSTALLATION ON THE AGREED DATE WILL BE CHARGED EXTRA.
(C) VALUE ADDED TAX SHALL BE PAID BY THE CUSTOMER WHETHER OR NOT IT IS REFERRED TO IN
THE QUOTATION OR INVOICE.
4. PAYMENT
(A) A DEPOSIT OF 30% OF THE PRICE (INCLUDING VAT) OF ORDERS FOR MACHINES AND ASSOCIATED
INSTALLATION AND DEVELOPMENT WORK SHALL BE PAID WITH THE ORDER, 60% OF THE PRICE
SHALL BE PAYABLE ON DELIVERY AND THE REMAINING 10% WITHIN 30 DAYS AFTER THE DATE OF
DELIVERY.
(B) THE VENDOR SHALL BE ENTITLED WITHOUT PREJUDICE TO ANY OTHER RIGHT OR REMEDY, TO
SUSPEND DELIVERIES OR CANCEL THE ORDER WITHOUT NOTICE AND TO CHARGE ALL WORK
DONE WITHIN 7 DAYS IF:-
(I) ANY OF THE CUSTOMER COMMITMENTS WITH THE COMPANY ARE NOT MET.
OR
(II) THE CUSTOMER BEING A COMPANY HAS A WINDING UP PETITION ISSUED AGAINST IT OR ISSUES
ITS OWN PETITION OR BEING A PERSON COMMITS AN ACT OF BANKRUPTCY OR HAS A BANKRUPTCY
PETITION ISSUED AGAINST HIM.
(C) IF AN ORDER IS CANCELLED BY THE VENDOR IN THE AFOREMENTIONED CIRCUMSTANCES ALL LOSS,
COSTS (INCLUDING THE COST OF ALL LABOUR AND MATERIALS USED AND OVERHEADS INCURRED),
DAMAGES, CHARGES AND OTHER EXPENSES ARISING OUT OF THE ORDER AND THE CANCELLATION
THEREOF, (THE VENDOR GIVING CREDIT FOR THE VALUE OF ANY SUCH MATERIALS SOLD OR
UTILISED FOR OTHER PURPOSES) SHALL BE PAYABLE BY THE CUSTOMER.
(D) THE CUSTOMER SHALL NOT BE ENTITLED TO WITHHOLD OR SET OFF PAYMENT FOR GOODS
DELIVERED FOR ANY REASON WHATSOEVER.
5. DELIVERY
(A) TIME FOR DELIVERY IS QUOTED AS ACCURATELY AS POSSIBLE BUT IT IS NOT GUARANTEED. THE
CUSTOMER SHALL HAVE NO RIGHT TO DAMAGES OR TO CANCEL THE ORDER FOR FAILURE FOR
ANY CAUSE TO MEET ANY DELIVERY TIME STATED.
(B) THE VENDOR WILL ENDEAVOUR TO COMPLY WITH REASONABLE REQUEST BY THE CUSTOMER FOR
EXPEDITION OR POSTPONEMENT OF DELIVERY OR INSTALLATION BUT SHALL BE UNDER NO
OBLIGATION TO DO SO. WHERE EXPEDITED DELIVERY OR INSTALLATION IS AGREED BY THE
VENDOR AND NECESSITATES OVERTIME OR ADDITIONAL COSTS, AN EXTRA CHARGE MAY BE MADE.
WHERE POSTPONEMENT OF DELIVERY OR INSTALLATION IS AGREED BY THE VENDOR, THE
CUSTOMER SHALL IF REQUIRED BY THE VENDOR PAY ALL COSTS AND EXPENSES INCLUDING A
REASONABLE CHARGE FOR STORAGE AND FOR INTEREST ON CAPITAL. PROVIDED ALWAYS THAT
UNLESS OTHERWISE AGREED IN WRITING, DELIVERY OR INSTALLATION IN FULL SHALL BE
ACCEPTED BY THE VENDOR WITHIN TWELVE MONTHS OF THE DATE OF THE ORDER.
(C) IF THE ORDER IS FOR DELIVERY BY INSTALMENTS, EACH INSTALMENT SHALL BE DEEMED TO BE
THE SUBJECT MATTER OF A SEPARATE CONTRACT AND NON-DELIVERY OR DELAY OF ANY
INSTALMENTS SHALL NOT AFFECT ANY OTHER PART OF THE ORDER NOR ENTITLE THE VENDOR
TO REPUDIATE OR RESCIND THE CONTRACT OR REJECT ANY OTHER INSTALMENT.
6. LIMITS OF CONTRACT
OUR QUOTATION OR TENDER INCLUDES ONLY SUCH GOODS, ACCESSORIES AND WORK AS ARE
SPECIFIED THEREIN.
7. DESCRIPTIVE MATTER AND ILLUSTRATIONS
ALL DESCRIPTIVE AND FORWARDING SPECIFICATIONS, DRAWINGS AND PARTICULARS OF WEIGHTS
AND DIMENSIONS ISSUED BY US, THE VENDOR ARE TYPICAL AND APPROXIMATE ONLY AND ARE
INTENDED TO PRESENT A GENERAL IDEA ONLY OF GOODS TO WHICH THEY REFER, AND NONE OF
THEM WILL FORM PART OF THE CONTRACT.
8. RISK
(A) IN THE CASE OF GOODS DELIVERED BY THE VENDOR THE RISK IN THE GOODS SHALL PASS TO
THE BUYER WHEN THE GOODS ARE DELIVERED TO THE CUSTOMER’S PREMISES.
(B) IN THE CASE OF GOODS COLLECTED BY THE CUSTOMER OR HIS AGENT THE RISK IN THE GOODS
SHALL PASS WHEN THE GOODS ARE COLLECTED.
9. TITLE
(A) GOODS SUPPLIED SHALL REMAIN THE SOLE AND ABSOLUTE PROPERTY OF THE VENDOR AS LEGAL
AND BENEFICIAL OWNER UNTIL SUCH TIME AS THE CUSTOMER SHALL HAVE PAID TO THE VENDOR
THE AGREED PRICE THEREOF TOGETHER WITH THE FULL PRICE OF ANY OTHER GOODS THE
SUBJECT OF ANY OTHER CONTRACT WITH THE CUSTOMER.
(B) UPON THE HAPPENING OF ANY OF THE ACTS OR EVENTS DETAILED IN CONDITION 4 ABOVE, BEFORE 
THE TITLE IN THE GOODS SHALL HAVE PASSED TO THE CUSTOMER, THE VENDOR BY ITS SERVANTS
OR AGENTS MAY ENTER UPON THE PREMISES OF THE CUSTOMER FOR THE PURPOSES OF TAKING
POSSESSION OF THE GOODS.
10. CLAIMS 
ANY DAMAGE TO GOODS IN TRANSIT SHALL BE NOTIFIED IN WRITING TO THE CARRIER AND THE
VENDOR WITHIN 7 DAYS OF RECEIPT, PACKING AND CONTENTS TO BE HELD FOR INSPECTION. IF
GOODS ARE NOT RECEIVED BY THE CUSTOMER WITHIN 6 DAYS OF DATE OF INVOICE, THE CARRIER
AND THE VENDOR SHOULD AT ONCE BE INFORMED. NOT WITHSTANDING THE PROVISIONS
OF THE ABOVE PARAGRAPHS, THE OWNERSHIP OF THE GOODS SHALL REMAIN WITH THE VENDOR
(WHICH RESERVES THE RIGHT TO DISPOSE OF THEM) UNTIL PAYMENT IN FULL FOR ALL GOODS
AND MATERIALS UNDER THIS CONTRACT HAS BEEN RECEIVED BY IT IN ACCORDANCE UNDER THE
RELEVANT TERMS. IF THE CUSTOMER ARRANGES OR SPECIFIES THE CARRIER THEN LIABILITY FOR
ANY LOSS OR DAMAGE IN TRANSIT SHALL REMAIN WITH THE CUSTOMER.
11. GUARANTEE
(A) IF WITHIN 12 MONTHS OF DELIVERY THERE SHALL APPEAR IN THE GOODS ANY DEFECT WHICH HAS
ARISEN UNDER NORMAL USE DUE TO FAULTY MATERIALS, WORKMANSHIP OR DESIGN (OTHER THAN
A DESIGN SPECIFIED BY THE BUYER) THE VENDOR AGREES TO REPLACE OR REPAIR AT ITS OPTION
GOODS SUPPLIED AND PROVED TO HIS SATISFACTION TO BE FAULTY. WHERE THE VENDOR
PURCHASES SUPPLIES OR COMPONENTS FROM A THIRD PARTY THE WARRANTY OFFERED ON SUCH
SUPPLIES AND COMPONENTS BY THE THIRD PARTY SHALL PREVAIL.
(B) DEFECTS DUE TO MISUSE, CARELESSNESS, IMPROPER OPERATION OR REPAIR, ARE EXCLUDED
FROM THIS WARRANTY. THE FITTING OF COMPONENTS NOT SUPPLIED BY THE VENDOR, WITHOUT
PRIOR CONSENT OF THE VENDOR, WILL INVALIDATE THIS WARRANTY.
(C) ALL CONSUMABLE ITEMS ARE EXCLUDED FROM THIS WARRANTY INCLUDING ALL NON-METALLIC
ROLLERS, TRANSMISSION BELTS, CONVEYOR AND PRODUCTION HANDLING BELTS, INK TRANSFER
ROLLERS AND PRINTING MATERIALS.
(D) ANY REPLACEMENT UNDER THIS WARRANTY WILL INCLUDE FREE DELIVERY TO THE CUSTOMER’S
PREMISES AND IF THE FAULTY GOODS HAD PREVIOUSLY BEEN INSTALLED BY THE VENDOR, THE
INSTALLATION OF THE REPLACEMENT GOODS.
(E) THIS GUARANTEE IS GIVEN IN LIEU OF OTHER CONDITIONS, WARRANTIES OR UNDERTAKINGS
EXPRESSED OR IMPLIED BY COMMON LAW OR STATUTE WHICH ARE HEREBY EXCLUDED TO THE
EXTENT ALLOWED BY LAW.
12. EXTRA COST
IN THE EVENT OF DELAY IN THE WORK THROUGH THE CUSTOMER’S INSTRUCTIONS OR LACK OF
INSTRUCTIONS THE CONTRACT PRICE SHALL BE INCREASED TO COVER ANY EXTRA EXPENSE
THEREBY INCURRED BY THE VENDOR. SHOULD ADDITIONAL WORK BE CALLED FOR (OR THE
ORIGINAL ORDER BE VARIED) SUBSEQUENT TO THE VENDOR’S ACCEPTANCE OF ANY ORDER
RESULTING FROM THIS QUOTATION, THE VENDOR SHALL BE ENTITLED TO TREAT SUCH VARIATIONS
AS EXTRA TO THE AGREED PRICE.
13. PACKING AND DELIVERY CHARGES
WILL BE MADE ON EACH ORDER (OR ON EACH SHIPMENT, WHERE SEVERAL SHIPMENTS ARE
REQUESTED BY CUSTOMER) UNLESS INCLUDED IN THE AGREED PRICE.
14. LIABILITY
(A) THE CUSTOMER AGREES THAT APART FROM THE EXPRESS TERMS CONTAINED IN THE QUOTATION
OR IN THE ACKNOWLEDGEMENT OF ORDER OR IN ANY DOCUMENT EXPRESSLY STIPULATED
THEREIN TO FORM PART OF THE CONTRACT AND TO BE OUTSIDE THE PROVISIONS OF THIS CLAUSE
NO REPRESENTATION THAT HAS BEEN MADE TO THE CUSTOMER RELATING TO THE SUBJECT
MATTER OF THE CONTRACT OR IF ANY STATEMENT OR REPRESENTATION HAS BEEN MADE BY THE
CUSTOMER WARRANTS THAT HE UNDERSTOOD IT TO BE AN EXPRESSION OF OPINION ONLY AND
DID NOT RELY ON IT.
(B) THE VENDOR SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT COSTS, DAMAGES, LOSS OR
EXPENSES INCURRED BY ANY PERSON, FIRM, PROPERTY OR COMPANY OR FOR ANY LOSS OF
PROFITS OR PRODUCTION ARISING OUT OF OR OCCASIONED BY ANY DEFECTS IN THE GOODS OR
SERVICES.
(C) THE VENDOR’S LIABILITY, WHETHER IN RESPECT OF ONE CLAIM OR IN THE AGGREGATE, ARISING
OUT OF ANY CONTRACT SHALL NOT EXCEED THE PURCHASE PRICE PAYABLE UNDER THE
CONTRACT.
(D) THE CUSTOMER’S PROPERTY AND ALL PROPERTY SUPPLIED TO THE VENDOR BY, OR ON BEHALF
OF THE CUSTOMER, WILL BE HELD, WORKED ON AND CARRIED AT THE CUSTOMER’S RISK.
15. WORK ON BUYERS PREMISES
WHERE THE CONTRACT INVOLVED THE VENDOR’S SERVANTS OR AGENTS CARRYING OUT WORK
ON THE CUSTOMER’S PREMISES.
(A) THE CUSTOMER SHALL BE RESPONSIBLE FOR PROVIDING SAFE ACCESS TO THE SITE OF THE
INSTALLATION, FOR PREPARING THE SITE AND FOR SUPPLYING ELECTRICITY AND OTHER SERVICES
AS REQUIRED BY THE SPECIFICATION SUPPLIED BY THE VENDOR.
(B) THE CUSTOMER SHALL INDEMNIFY THE VENDOR, HIS SERVANTS AND AGENTS AGAINST DAMAGE OR
INJURY CAUSED BY THE ACTION, NEGLIGENCE OF DEFAULT OF THE CUSTOMER OR HIS SERVANTS
OR AGENTS TO THE VENDOR’S PROPERTY OR TO THE PERSONS OR PROPERTY OF THE VENDOR’S
SERVANTS OR AGENTS WHILE SUCH PERSONS OR PROPERTY ARE ON THE CUSTOMER’S PREMISES
AND THE CUSTOMER SHALL INSURE ACCORDINGLY.
(C) THE CUSTOMER SHALL NOT HINDER OR PREVENT THE REMOVAL OF THE VENDOR’S EQUIPMENT ON
COMPLETION OF THE INSTALLATION.
16. SUB CONTRACTORS
THE VENDOR SHALL BE ENTITLED TO APPOINT ONE OR MORE SUB CONTRACTORS TO CARRY OUT
ALL OR ANY OF ITS OBLIGATIONS TO THE CUSTOMER.
17. FORCE MAJEURE
EVERY EFFORT WILL BE MADE TO CARRY OUT THE CONTRACT BUT ITS DUE PERFORMANCE IS
SUBJECT TO CANCELLATION BY THE VENDOR OR TO SUCH VARIATION AS IT MAY FIND NECESSARY
AS A RESULT OF INABILITY TO SECURE LABOUR, OTHER MATTERS OR AS A RESULT OF ANY ACT OF
GOD, WAR, STRIKE, LOCK OUT OR OTHER LABOUR DISPUTES, FIRE, FLOOD, DROUGHT, LEGISLATION
OR OTHER CAUSE (WHETHER OF THE FOREGOING CLASSES OR NOT) BEYOND THE VENDOR’S
CONTROL.
18. LAW
THE CONTRACT INCLUDING THESE CONDITIONS AND ALL OTHER EXPRESS TERMS OF THE
CONTRACT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF ENGLAND.