CONDITIONS OF SALE
Any quotation issued by us is not an offer to supply goods or services and no contract will be concluded until our acceptance of the customer’s order.
2. Cost Variations
Quotations are based on the current costs of production and are subject to amendments by us on or at any time after our acceptance of the order to meet any rise or fall in such costs.
We shall be entitled to charge the amount of any V.A.T payable whether or not included on the quotation or invoice.
4. Customer’s Artwork
Where the customer is to supply us with artwork to enable its order to be fulfilled we will be under no obligation to perform the customer’s order until receipt by us of such artwork and full specification and unless we are then satisfied that such artwork and specification is in conformity with that described in the customer’s order. The price quoted may be amended after receipt of artwork.
5. Artwork Copies
Author’s amendments, including alterations in style, and the cost of additional artwork necessitated by such amendments will be charged extra. Artwork copies of all work may be submitted for customer’s approval and in that event no responsibility will be accepted for any errors in them not corrected by him.
6. Preliminary Work and Colour Proofing
Work carried our at customer’s request, whether experimentally or otherwise, including without limitation polythene proof printing will be charged extra.
7. Delivery and Payment
Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed and payment shall become due. Ownership shall pass to the customer once the goods have been paid for. Should expected delivery be agreed and necessitate overtime or other additional cost, an extra charge may be made. Should work be suspended at the request of or delayed through any default of the customer for a period of 15 days we shall then be entitled to payment for work already carried out and materials specially ordered.
8. Credit Accounts
Credit accounts can only be set up at the company’s discretion and usually following two pro-forma payments being made. All credit accounts are opened subject to our credit checks being satisfactory. Once opened, we reserve the right to close accounts without notice if left inactive for over 2 years, or for any other reason that we deem fit.
Unless agreed in writing to the contrary between the parties all accounts shall be settled 30 days from invoice date terms. All overdue sums shall bear interest at 4% over HSBC’s base rate from the date of due payment until the date of actual payment.
10. Variations in Quantity
Every endeavour will be made to deliver the exact quantity ordered, but quotations and contracts are conditional upon margins of 10 per cent for all work being allowed for overs or shortage, the same to be charged or deducted.
11. Variations in Colour and Size
Every endeavour will be made to reproduce to customer’s exact specification of colour, shade and size but slight variations customary in manufacture shall be disregarded.
Claims arising from damage or partial loss of goods in transit must be made in writing to us and the carrier within 7 days of despatch of the goods. Claims in respect of defectively manufactured goods must be made within ten days of delivery in default no such claims will be entertained.
We shall not be liable for loss or third party claims occasioned by delay in completing the work or delay in transit unless when placing the order the customer specifically made the time of delivery of the essence of the contract and twenty eight days elapses after the due delivery date without delivery being made. When the goods are shipped by an independent carrier in no circumstances will we be liable to the customer for delay in transit, for damages or compensation in excess of those which through reasonable endeavours we are able to recover from such carrier. Where work is defective for any reason including negligence our liability (if any) the value shall be limited to rectifying such defect. Without prejudice to clauses 12 our liability shall be limited to the payment made by the customer to us under this contract.
14. Customer Property
Customer’s property and all property supplied to us by or on behalf of the customer will be held, worked on, and carried at the customer’s risk and the customer should insure accordingly.
15. Material Supplied by the Customer
We reserve the right to reject any film, plates, or other materials supplied by the customer which appear to us to be unsuitable. Additional costs incurred if materials are found to be unsuitable during production may be charged.
Where materials are so supplied or specified, responsibility for defective work will not be accepted by us unless this is due to our failure to use reasonable skill and care. Quantities of materials supplied shall be adequate to cover normal spoilage.
16. Illegal Matter
We shall not be required to print or process matter which in our opinion is or may be of illegal or libellous nature. We shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any illegal or libellous matter printed for the customer or any infringements of copyright, trademark or design.
17. General Lien
Without prejudice to other remedies, we shall in respect of all unpaid debts due from the customer have a general lien on all goods and property in our possession (whether worked on or not) and shall be entitled, on the expiration of 11 days notice, to dispose of such goods or property as we think fit and to apply any proceeds towards such debts.
18. Force Majeure
Every effort will be made to carry out the contract but its due performance is subject to cancellation by us or to such variation as we may find necessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, war, strike, lockout or other labour disputes, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond our control.
19. Third Party Rights
A person who is not a party to this Agreement will not have any rights under or in connection with it by virtue of the Contract (Rights of Third Parties) Act 1999.
These conditions and all other terms of the contract shall be governed and constituted in accordance with the Laws of England and Wales and the customer hereby irrevocably submits to the exclusive jurisdiction of the English Courts.
21. UK DATA PROTECTION ACT 1998 / REPUBLIC OF IRELAND DATA PROTECTION ACTS 1988 AND 2003 (“THE ACTS”) INFORMATION NOTICE
Words shown in italics have the meaning given by the Acts. Data relating to you as an individual or to individuals within your organisation (“personal data”) may be processed by us as data controllers for the purpose of carrying out our business and will be held securely in confidence. We may disclose your personal data to third parties such as insurers, credit insurers, credit reference agencies and other carefully selected parties, who may process your personal data as data controllers for the purpose of carrying out insurance, risk assessments, credit management and other associated activities. We may also receive personal data on you from such third parties. Your personal data may be processed within or outside the European Economic Area, but always in strict compliance with the Acts. We or such third parties may contact you with details of other products in writing, electronically, by telephone or by other means. By providing us with your personal data, you consent to our processing of such data as described in this notice.
You should tick the relevant box and return this notice to us with your name and address if:
□ You object to processing of your personal data as set out in this notice; or
□ You do not wish to be contacted for marketing purposes; or
□ You require details of any third party data controllers who may also process your personal data.
You have the right of access to your personal data we hold on you; and you have the right to rectify such data if inaccurate or processed unfairly. If you wish to exercise these rights, please write to us with details of your request.
For more information on your rights or definitions used in this notice, please see the UK Information Commissioner’s website at www.ico.gov.uk or the Irish Data Protection Commissioner’s website at www.dataprotection.ie.