These Terms and Conditions form the complete agreement between the parties, overriding any previous agreements, representations, or understandings. Modifications to these Terms must be in writing and signed by both parties.
1. Definitions
- Seller: The party providing the goods or services under these Terms.
- Buyer: The party contracting with the Seller to receive goods or services.
- Work: All goods (intermediate or finished) and services supplied by the Seller to the Buyer.
- Intermediates: Products produced during manufacturing, such as discs, film, or intellectual property.
- Preliminary Work: Concept and preparatory tasks, including design, artwork, or color matching.
- Electronic File: Text, illustrations, or other material supplied in digital form.
- Periodical Publications: Publications produced at regular intervals.
- Insolvency: The Buyer’s inability to pay debts or appointment of a receiver, administrator, or similar actions.
2. Payment
- Estimates are based on current production costs and may be adjusted for any changes in these costs at the time of delivery.
- All estimates exclude VAT or other applicable taxes, which the Buyer is responsible for paying.
- All work, including Preliminary Work, is chargeable even if not carried forward to production.
- Additional charges may apply for incomplete or incorrect instructions or insufficient materials provided by the Buyer.
- Payment is due before delivery unless otherwise agreed. The Seller may require full or partial payment upfront.
- If credit is granted, payment is due by the end of the month following the invoice date. Late payments may incur charges in line with the Late Payment of Commercial Debts (Interest) Act.
- Delivery charges are extra unless otherwise agreed.
- Delays or suspension of work caused by the Buyer may incur additional storage and resource costs.
3. Delivery
- The Buyer must accept delivery when offered.
- Delivery times are estimates, and the Seller is not liable for delays.
- Unless otherwise agreed, delivery will be to the kerbside at the Buyer’s address, with the Buyer responsible for off-loading.
- Difficult access or expedited delivery may result in additional charges.
4. Materials Supplied by the Buyer
4.1 Electronic Files
- The Buyer is responsible for maintaining copies of any files they provide.
- The Seller is not responsible for checking the accuracy of provided files unless agreed.
- If a file is unsuitable, the Seller may reject it or charge for any adjustments required.
4.2 Other Materials
- Materials supplied by the Buyer remain their property, but the Seller may substitute similar quality materials at their discretion.
- The Seller may reject materials deemed unsuitable for production.
- If unsuitable materials are used at the Buyer’s request, the Seller accepts no liability for the quality of the final product.
- Adequate material quantities must be provided to cover spoilage; shortages will incur extra charges.
4.3 Risk and Storage
- The Buyer’s property is at their risk while in the Seller’s possession or in transit, unless agreed otherwise.
- A charge may apply for storing the Buyer’s property before or after work completion.
4.4 Finished Goods
- Risk transfers to the Buyer upon delivery.
- The Seller will store the Buyer’s materials and finished goods for up to one month post-completion, after which they will be disposed of.
5. Seller’s Materials and Equipment
- Materials used in production remain the Seller’s property.
- The Seller is not required to store or transfer digital data after the order is completed unless agreed otherwise.
6. Retention of Title
- The Work remains the Seller’s property until fully paid for.
- In the event of Buyer insolvency, the Seller may reclaim goods or enter the Buyer’s premises to do so.
- If the Buyer sells the goods before paying, the proceeds must be held in trust for the Seller.
7. Proofs, Variations
- The Seller is not liable for errors in proofs approved by the Buyer.
- Additional charges apply for alterations made by the Buyer after proofs are supplied.
- Variations in color between proofs and the final product are acceptable unless otherwise agreed.
- A margin of 5% over or under the ordered quantity is allowed.
- Artwork supplied from print agents will not be proofed and will be printed as given. We hold no responsibility for the outcome regarding the layout, colours, dpi etc. Artwork must be supplied as a jpeg, pdf, Corel Draw, Adobe Photoshop, Indesign, Illustrator files. CYMK colour profile at 300dpi with a 5mm bleed.
8. Claims and Liability
- Claims for damage, delay, or non-delivery must be made within three days of delivery. Other claims must be made within 14 days.
- The Seller’s liability for defective work is limited to rectifying the defect or issuing a credit.
- Defective work must be returned before any replacement or credit is issued.
- The Seller is not liable for indirect or consequential losses, delays, or third-party claims.
9. Insolvency
- If the Buyer becomes insolvent, the Seller may halt further work and charge for completed work or materials purchased.
10. General Lien
- The Seller has a lien on the Buyer’s property for any unpaid debts. After 14 days’ notice, the Seller may sell the property to settle debts.
11. Illegal Matter
- The Seller is not required to print any illegal or libelous material and is indemnified by the Buyer against any related claims.
12. Periodical Publications
- Termination of contracts for periodical publications requires 13 weeks’ notice (or 26 weeks for less frequent publications).
13. Force Majeure
- The Seller is not liable for failure to perform due to events beyond their control, such as war, fire, or industrial action.
14. Data Protection
- The Seller may transfer personal information about the Buyer to a Credit Agency in line with payment terms.
15. Law
- These Terms are governed by English law, and both parties submit to the jurisdiction of English courts.
16. Notices
- All specifications, notices, and variations must be in writing and signed by an authorized party.
17. Consumers
- These Terms do not affect the statutory rights of consumers.
18. Severability
- If any part of this agreement is deemed unenforceable, the remainder will continue to apply.