TERMS & CONDITIONS

These are the standard terms and conditions of Printdomain trading as Commercial Printers (hereafter referred to as "the Printers") our principal operation is to provide printed materials and goods and provide a bespoke printing service to our customers. By placing an order you are deemed to have read and understood our terms and conditions. It is a condition of placing an order that you are bound by these terms and conditions and that Printers will not be bound by any conditions imposed by the customer (hereafter referred to as the "buyer" or "customer"), unless agreed in writing, dated and signed by us.

PAYMENT TERMS

The Printers normal trading terms are payment on placement of order. Cheques/Postal Orders and all major credit/debit cards can be accepted. We have restricted facilities for credit accounts and such facilities are reserved for trade and regular customers who need to have their orders processed quickly and conveniently. Credit accounts will be available to customers entirely at our discretion and we may refuse account facilities without a given reason. Payment on credit accounts is required before the last day of the month following the month of invoice. We reserve the right to withdraw credit account facilities at any time without notice and demand immediate payment in full of all outstanding debts. We reserve the right to add, implement the Statutory Interest for Late Payment of Commercial Debts, as stated in the Late Payment Legislation, 7th August 2003. We reserve the right to send out statements at our discretion and the customer shall not rely on receiving a statement at on or before the payment due date. In the event of any customer cheques being returned or stopped the customer will be liable to pay the Printers a fee of £10 per instance and the account will be placed on stop.

QUOTATIONS

The Printers will not be bound by any price quoted over the telephone. All quotations must be made in writing, dated and signed by a company director. All quotations are time limited to 30 days or date specified on the quotation. If the quotation does not state a time limit then 30 days will be the maximum time the quotation shall be deemed to be valid. All quotations are subject to the Printers having sight of all customer proofs, samples and specifications.

PRICE LISTS

We aim to maintain our prices as long as possible however all price lists issued by the Printers are based on costs of production at the time of issue and unless otherwise agreed in writing are subject to change without prior notice.

ELECTRONIC FILES

The customer shall be responsible for maintaining any original copies of electronic files. The customer shall be responsible for ensuring that all images supplied are suitable for printing by the ‘CMYK’ process and are colour corrected and that any fonts used are either supplied with the file or embedded within it. The printer shall not be held responsible for any errors or inaccuracies arising from the submission of electronic files which are in any way incomplete.

WRITTEN INSTRUCTIONS

All instructions to the Printer should be made clearly and in writing we may refuse to accept liability for errors where instructions have not been clearly written down. The company cannot accept responsibility for any verbal instructions given by telephone or otherwise and any errors arising from this shall be the responsibility of the customer. The customer shall not rely on any instructions given by the customer written or otherwise being incorporated in an order if those instructions were given before the order was placed by the customer.

HAND WRITTEN COPY

Hand written copy that is supplied to us for typesetting which is found to have been incorrectly set due to the quality of the original handwriting will be chargeable.

VERBAL AGREEMENTS

Any verbal agreement which does not conform to the present terms shall not be binding on the Printer unless it is also confirmed by the Printer in writing.

ARTWORK & DESIGN

Preliminary or design work produced, whether experimentally or otherwise at the customer's request will be charged for.

PROOFS

Proofs will be submitted to the customer for approval unless otherwise agreed by the Printer. Customer's or Author's corrections on and after first proof, including alterations in style, format or layout and additional proofs necessitated thereby will be chargeable. It is the customer’s responsibility before signing-off any such proofs to check thoroughly for any errors or omissions. The Printer cannot be held responsible for errors once proofs have been signed-off. Proofs are deemed to have been approved at the point of receipt whether or not a signature has been received. Should the customer request in writing or otherwise that we proceed with an order without the customer having sight of the proof then any errors arising from this will be the sole responsibility of the customer.

COLOUR PROOFS

Proofs are not colour calibrated and differences in equipment, paper, inks and other conditions between colour proofing and print production runs may occur, no responsibility will be accepted by us for deviations in colour from the proof supplied and the completed job which will be deemed acceptable unless otherwise agreed in writing by us.

ERRORS

Any complaints about services provided or work supplied deemed by the buyer to be the fault of the Printer should be submitted in writing within 7 days of delivery or receipt of invoice, whichever occurs sooner. After this date all goods and/or services will be deemed to be acceptable for use. Any usage of the goods supplied will be deemed as acceptance of the goods. The Printer shall only consider financial recompense upon return of the goods in full, or that part of the supply deemed unacceptable.

ILLEGAL MATTER

The Printer shall not be required to process any matter which in its opinion is or may be of an illegal or libellous nature. The Printer shall be indemnified by the customer in respect of any claims, costs and expenses arising from any libellous matter processed for the customer or any infringement of copyright, patent or design. In the event of any complaint, claim, action or proceedings being brought against The Printer in respect of any goods or materials printed or processed for The Customer and whether such complaint, claim, action or proceeding is settled, compromised or litigated in any way and as a result The Printer incurs any cost, loss, damage, liability or penalty of any kind The Customer shall indemnify The Printer in respect of any such cost, loss, damage, liability or penalty, without enquiry or question and without exercising any right of set off counter claim or cross demand of any nature against The Printer.

DELIVERY

We aim to provide timely deliveries, however goods will be shipped by the most cost-effective means using a service provider of our choice. The customer shall recognise that we have no direct control over the operations of the service provider and any enquiries relating to such operations shall be directed to the service provider. The responsibility for any losses or damages caused in transit is also the sole responsibility of the service provider and shall be governed by their terms and conditions. Should the customer require a timed, overnight delivery or any special delivery service this will be chargeable to the customer. If the Printer agrees to undertake to despatch/deliver the goods on or before a stated date, the Printer shall use its best efforts to do so however in the event of delayed despatch/delivery, the customer shall not be entitled to cancel the order nor shall the Printer be liable for any resultant damages consequential or otherwise occasioned by reason of any delay howsoever caused. The customer shall be responsible for ensuring that someone is available to receive and sign for any delivery. In the event of someone not at home a "while you were out" card will be left stating the date and time of attempted delivery. The card will have a local contact telephone number to call to arrange another delivery date. The Printer is not able to negotiate with the service provider to arrange another delivery date on the customer’s behalf; this will be the customer’s responsibility. The signature of any employee or agent of the customer will be proof of receipt of the goods. In the event that a signature cannot be obtained the risk in the goods will nonetheless be born by the customer. The customer will be liable for any additional carriage, storage charges, losses or damages arising if the goods are refused delivery for any reason by the customer, employee or agent of the customer.

INCORRECT ADDRESS INFORMATION

When a consignment cannot be delivered due to confusing, incorrect or incomplete address information supplied by the customer, the Printer will reship the consignment with a corrected address and charge an additional carriage fee. Should the error be found to have been made by ourselves the consignment will be resent free of charge.

RETURNS AND REFUNDS

Each order is unique to each customer and has no re-sale value therefore all sales are final and binding and no refunds or credits will be given against orders which are not defective. The customer shall notify the Printer within 7 days of receipt of their order of any defects discovered with the order otherwise the order shall be deemed acceptable by the customer. If we verify that we have made an error in the production of your order then, we will reprint the order free of charge. If the Printer considers that insufficient time exists to reprint the order then the order may be refunded in full on return of the goods (at customer expense) and at our discretion.

LIABILITY

The Printer shall not be liable for any indirect loss or third party claims occasioned by delay in completing work or for any loss to the customer arising from a delay in transit, whether as a result of negligence by the Printer or otherwise. Time shall not be of the essence unless otherwise agreed in writing by the Printer. Where work is defective for any reason, including negligence by the Printer, the Printers liability (if any) shall be limited to rectifying such defect in so far as the Printer is reasonably able to do so Where the Printer performs its obligations to rectify defective work under this condition the customer shall not be entitled to any further claim in respect of the work done.

REPRINTS

In order to receive a replacement order the customer must return at least 98% of the order within 30 days (at their own expense) from the time when the order was received. All charges related to express printing or express delivery are not refundable, including for those orders that are returned for any other reason.

NORMAL SPOILAGE

The Printer always aims to deliver the exact quantity of goods ordered by the customer. The Printer reserves the right to under or over supply goods to the customer within a margin of 5% under or 5% over the ordered amount. It will be the responsibility of the customer to ensure that an allowance is made for up to a 5% under supply when placing an order. The customer will not be charged for any over supply. The customer will be credited for any under supply based on the proportion of the supply not received provided that the credited amount would be in excess of £3.00, amounts less than £3.00 in value are deemed inconsequential by the Printer. The amount credited will be at a rate proportional to the invoiced value of the goods excluding any set-up or make-ready charges included in the invoiced amount. The credited amount shall not be at the face value of the goods or the resale value placed on them by the customer. Normal spoilage for the purposes of these conditions is a proportion of the goods ordered which do not conform to a commercial standard in the opinion of the Printer. Normal spoilage can be caused by many factors but mainly by poor printing, finishing machine errors and human error. If spoilage occurs it will be removed from a customer’s order, if spoilage is not removed because it has passed unnoticed it will be the responsibility of the customer to remove the spoilage from the order and notify the company within 7 days of receipt of the goods. The customer will retain any spoiled goods unless instructed by the Printers in writing to dispose of them. The customer is entitled to be credited with the value of the spoilage as outlined above only if the Printer agrees that the goods are spoiled and the Printer shall be entitled to inspect the goods to ascertain this. If the Printer requests the return of the goods for inspection the Printer will be responsible for reasonable packing and carriage charges unless the goods are found to be of a commercial standard in which case the customer will be responsible for packing and carriage charges. If the Printer has made an over supply to the customer and the amount of spoilage within the order is less than the amount of over supply then the customer will not be credited for any spoilage. The Printers may leave spoilage in the order if it feels that the customer could make use of it, the Printers will inform the customer before doing so and either credit the customer or over supply the order at its discretion.

RETENTION OF TITLE

The Title in any goods delivered shall not pass to The Customer but shall be retained by The Printers until payment has been made to The Printers in full without prejudice to any other remedy of The Printers for non payment of the goods or otherwise. Where The Customer sells the goods or sells any rights therein or receives any money from any person or persons as a consequence of distributing the goods prior to paying The Printers, The customer agrees that the proceeds from the sale of such goods shall be held upon trust and shall be placed in a separate bank account of The Customer containing no other monies and shall not in any way be mixed with any monies belonging to The Customer prior to payment to The Printers.

FORCE MAJEURE

Every effort will be made to carry out the contract but the Printers shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing): Act of God, War, Terrorism, Epidemic, Strike, Lock Out or other labour dispute, Fire, Flood, Drought, Legislation, order of public authority inadequacy or unsuitably of any instructions, electronic file or other data or materials supplied by the customer; failure of power supply, inability 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 Printer elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.

DISPUTES

Should any party after all other reasonable avenues of dispute resolution have been exhausted resort to court action then the case must be dealt with at a local session to ourselves in Rotherham. This will also apply in cases where we are applying for court judgement against customers for none or late payment.

VALUE ADDED TAX

The Printers shall be entitled to charge the customer the amount of value added tax found to be payable on any goods for any reason (i.e. if goods were thought to have been zero rated or otherwise) whether or not this amount was originally included on any quotation or invoice.

LAW

These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England.

Printdomain.net 107 High Street, Thurnscoe, Rotherham, S. Yorks S63 0QZ  01709 892367