TERMS AND CONDITIONS OF BUSINESS (SUPPLY OF GOODS AND SERVICES)
Terms of Business
‘The Company’ is ‘Fluffy Graphics Ltd’, trading as ‘The Design and Print Partnership’. ‘The Customer’ means the party, organisation or any person acting on their behalf, with whom the Company contracts to do Business with. By placing an order, you agree to these Terms and Conditions. These Terms and Conditions contain the entire agreement between the parties relating to the subject matter and
supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
The price for the supply of goods and services are quoted specifically for each order placed. The quote is based on the Company’s current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, to meet any rise or fall in such costs. This may include changes to the Law or Government regulations requiring us to increase taxation, import duties, customs and excise duties or other- wise.
Quotations are valid for 28 days after the initial quote date.
Any discounts applied are done so on the strict understanding that accounts are paid by the due date.
We reserve the right to invoice any such discounts to accounts which become overdue.
VAT: Some printed items are subject to VAT, others are exempt. We endeavour to make this clear on our quotes. The Company reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice, which shall be charged at the rate prevailing at the relevant tax point.
If we have not been given printing approval after 14 days, a 5% charge of the total value of the original order will be made plus a £10.00
Please note that the colour of the printed item will be affected by the type of material chosen for the artwork to be printed on, as well as any applied Lamination or Varnish.
Please read proofs THOROUGHLY, as once passed, they will be deemed correct and ready to go to print. At this point, the responsibility passes to the customer. You will need to view all PDF proofs at 100% to see the exact size of your product when printed. We will not be held responsible for any mistakes, viewing, spelling, punctuation, contact details or layout. We will not commence print until we have received a copy of the final proof with a written confirmation to go to print either by e-mail, fax or post.
Proofs are supplied as standard.
3. Delivery and Payment
New Customers will be invoiced upon first order placed. Work will start as soon as the payment has been received.
Existing Customers (after the first order placed with us) will be invoiced on delivery. Invoiced amounts shall be due and payable within 28 days of invoice date unless otherwise agreed in writing. The Company reserves the right to make a surcharge of 2% per month interest to accounts which are not paid by this time.
Should expedited delivery be agreed, an extra charge may need to be made to cover any overtime or other costs involved.
Should the Customer request suspension of the work or it is delayed through any default of the Customer for a period of 30 days, the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
International transit times are approximate and may be subject to Customs clearance. Local country restrictions apply. The Company will not be held responsible for any delay of delivery of the goods with International deliveries.
The Company cannot be held responsible for any Customs and Excise charges that may occur from the import or export of your goods.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
The time stipulated for payment shall be of the essence of the Agreement. Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days notice, to charge you for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
4. The Goods
You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
Goods supplied are not for resale.
Every endeavour will be made to deliver the correct printed quantity ordered, but we shall be deemed to have fulfilled our contract by delivery of plus or minus 5% of the quantity ordered.
Any changes to quantities ordered must be made in writing to us prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original.
As soon as we have delivered the goods or services, you will be responsible for them and we will not be liable for their loss or destruction. Therefore, you would need to take necessary steps to insure the items. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them.
If we have not been notified after 14 days, a 5% charge of the total value of the original order will be made plus a £10.00 administration fee.
We reserve the right to throw away your job after 28 days of ordering. Please note you will still be liable to pay the full charge of the total value unless the job is cancelled within the 28 days.
If in our opinion it is not reasonably practicable for any reason to carry out any of the work we are instructed to carry out, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what, if any, work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable.
We may, as your agent, directly or through an intermediary ask another contractor (“Third Party Contractor”) to carry out some or all of any work which you instruct us to carry out for you. We shall pay the reasonable charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will ensure that the Third Party Contractor fees which are recharged to you are in line with the fees we will have quoted to you, had we done the work ourselves. We will take all reasonable care in selecting and instructing a Third Party Contractor.
We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
The Company shall not be required to print any matter which, in his opinion, is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringe- ment of copyright, patent, design or of any other proprietary or personal rights contained in any material produced for the Customer. The indemnity shall extend to any amounts paid on a Lawyer’s advice in settlement of any claim.
We reserve the right to rectify defective work by re-printing and shall not be liable to refund.
The Design and Print Partnership will credit your account if we deem a refund should be made.
If we offer to replace, you must accept such an offer unless you can show clear cause for refusing to do so.
If you do opt to have work re-done by a third party without reference to us, you automatically revoke your right to any remedy from us.
All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
Refunds will take 3 to 4 working days to complete once The Design and Print Partnership has agreed to refund. This cannot be completed any faster.
The risk in the goods shall pass to you on delivery.
All goods, delivered or not, remain our property until payment is received in full.
Until such time as payment is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored to repossess and remove the same. You hereby grant us an irrevocable licence to enter your premises for the said purposes.
Claims arising from damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to the Company and the carrier within three clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods).
Claims regarding quality or quantity of goods shall be made in writing to reach us within five working days of receipt of goods. If not adhered to, all goods shall be deemed to comply with the quality and quantity within the terms of contract.
You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery.
The Company require goods to be returned in full before a re-print can be agreed. If we deem the quality to be to our high standards, we reserve the right to return the goods and refuse a re-print or refund.
8. Materials Supplied by the Customer
The Company may reject any paper, plates or other materials supplied or specified by the Customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that the whole or any part of such additional cost could have been avoided but for unreasonable delay by the Company in ascertaining the unsuitability of the materials then that amount shall not be charged to the Customer.
Where materials are so supplied or specified, the Company will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
Quantities of materials supplied shall be adequate to cover normal spoilage.
Except for death or personal injury caused by our negligent acts or omissions, we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement.
You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.
Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.
We are not liable for any Financial loss incurred by you, including, but not limited to, expenses incurred by you, interest payments and loss of earnings or similar gains you would have received on monies paid to us in lieu of any unfulfilled order.
Nothing in these terms and conditions shall affect the rights of a consumer.
If the Customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the Company without prejudice to other remedies shall
Have the right not to proceed further with the contract or any other work for the Customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to him, and
In respect of all unpaid debts due from the Customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
11. Force Majeure
The Company shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any liability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may by written notice to the Company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
12. Governing Law and Jurisdiction
Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14. Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
15. Customer Services
To protect your own interests please read the conditions carefully before signing them. If you are uncertain as to your rights under them or you want any explanation about them please write to Nigel Digby at our Trading Address (66a, High Street, Great Baddow, Chelmsford, CM2 7HH), e- mail to: Info@designprint.org.uk or telephone 01245 478600.
If you are unhappy with any aspect of our service, please contact Nigel Digby as per details in 5.1. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
16. Changes to Terms and Conditions of Business
We reserve the right to make minor changes to this Agreement from time to time. Any major changes will only be made with your agreement.
17. Data Protection
You consent to the computer storage and processing of your personal data by us in connection with this Agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. If you breach this Agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures