STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions of Printdomain Ltd trading as Commercial Printers (hereafter referred to as "the Printers" or “the company”) 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 the 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 a senior company director.
Our terms and conditions are subject to change and modification at any time and your continued use of our services and this website following such changes shall signify your acceptance to be bound by any modified terms and conditions. Please read the terms and conditions and check back often. If you do not agree with any changes or modification to our terms and conditions, then you must immediately stop using our services and the website.
Each of these terms and conditions operate separately and if any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
The majority of our products are classified as bespoke goods. Bespoke goods are goods that are personalised and or tailored to your specifications, orders for bespoke goods (if work has commenced) cannot be cancelled or changed. Bespoke goods, which are supplied as described, cannot be refunded.
Any customer generated mistakes, errors or defects including spelling, typographical or grammar errors; poor image quality derived from low resolution images, order quantity, or other ordering errors are the sole responsibility of the customer.
RIGHT TO CANCEL
The company reserves the right to cancel any order at any time without reason where such orders are cancelled any monies due will be refunded excluding the costs incurred as a result of work done on the instructions of the customer or their agents.
Where the customer cancels any order he is liable for any costs incurred to date including the cost of any materials purchased in contemplation of the customer’s order in addition to any artwork / setup or printing costs incurred.
All Preliminary Work carried out by the company at the Customers request and any additional work required of the Company by reason of the Customer supplying inadequate copy, incomplete or incorrect instructions shall be chargeable at our standard hourly rate. All materials used in any Preliminary Work shall also be chargeable.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 borne 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.
Every effort is taken by the company to supply the correct goods to the correct client or customer, however it is recognised that mistakes can and do occasionally happen and this section governs the treatment of goods which are supplied to the wrong recipient by the company.
All deliveries received from us or our third party couriers or agents which are deemed to be incorrect or otherwise must be treated as confidential information or confidential data by the recipient, further the recipient indemnifies the company against any losses incurred by the company in regard to any subsequent treatment of the delivery by the recipient.
The recipient undertakes to notify the company immediately or at the earliest possible time upon receipt of an incorrect delivery.
The recipient shall not notify any other third party in respect of an incorrect delivery including the intended recipient or suspected intended recipient of the delivery.
The recipient if requested to do so in writing by the company shall either:
1. Repackage the parcel (using the original packaging materials) and await collection by the couriers.
2. Dispose of the parcel as general waste.
3. Dispose of the parcel by some other method at the request of the company in writing and at the companies expense.
The final decision on what shall be done with an incorrect delivery rests with the company and their decision shall be deemed to be final.
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.
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.
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.
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.
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.
The Assignor (customer) as the copyright holder agrees and grants to the Assignee (the company) permission to Print, Reprint, Reproduce, Publish use and reuse its copyrighted material(s) for worldwide distribution as printer’s samples, the Assignee shall not be permitted to make a charge for any copyrighted material so distributed except where it makes a charge for reasonable delivery costs.
WEBSITE INTELLECTUAL PROPERTY
All data and information published on the website including but not limited to the prices are subject to intellectual copyright and database rights. You may use the content only as required for personal, non-commercial purposes, any other use and/or reproduction of such content, without the prior written consent of the company is prohibited. The company reserves the right to take such action as it considers necessary, including the issuing of legal proceedings without further notice, in relation to the unauthorised use of this website.
WEBSITE PERMITTED USAGE
You are not permitted to use this website other than for private, non-commercial purposes; the use of any automated system or software to extract data from this website for commercial purposes (screen scraping) is strictly prohibited. The company reserves the right to take such action as it considers necessary, including the issuing of legal proceedings without further notice, in relation to the unauthorised use of this website.
LINKS TO THIS WEBSITE
You may not create links to the website without the written consent of the company.
The company shall not be liable for any losses and or damages arising from the use of the website or any links provided to the website and or from the use of information presented on this or any other website.
Unless otherwise specifically requested in writing any work may carry the company imprint which will be positioned at the discretion of the company.
VARIATIONS IN QUANTITY
Every effort is expended to deliver the quantity ordered, however some variations are inevitable in the print process and it shall be understood and accepted as reasonable that minor variations are immaterial and that the company shall have no liability in respect of such variations.
The minimum percentage thresholds for claims in respect of variations in quantity are set out below.
Up to 100pcs = 15%
Up to 500pcs = 12.5%
Up to 1,000pcs = 10%
Up to 5,000pcs = 7.5%
Up to 20,000pcs = 5%
Above 20,000pcs = 4%
The sole remedies in respect of shortages above the stated minimum quantities will be a re-print of the entire shortage to be undertaken by the company within a reasonable period of time or a pro-rata credit, either remedy at the sole discretion of the company.
CREDIT TERMS AND PAYMENT
For accounts not settled within the agreed credit terms or for payments returned as unpaid (such as cheques, credit cards or similar), the company reserves the right to charge interest on the overdue amount at 3% above the current Bank of England base rate and also an administration charge to cover the debt recovery process and any additional costs relating to the collection of the payment.
Faulty goods shall be treated as a shortfall in quantity, whilst every effort is expended to deliver the goods in a useable condition it is inherent in the print process that some variations in quantity and quality can occur.
Therefore it shall be understood and accepted that reasonable minor errors are immaterial and that the company shall have no liability in respect of such errors.
The minimum percentage thresholds for claims in respect of errors in quality and quantity are set out below.
Up to 100pcs = 15%
Up to 500pcs = 12.5%
Up to 1,000pcs = 10%
Up to 5,000pcs = 7.5%
Up to 20,000pcs = 5%
Above 20,000pcs = 4%
The sole remedies in respect of errors above the stated minimum quantities will be a re-print of the entire shortage to be undertaken by the company within a reasonable period of time or a pro-rata credit, either remedy at the sole discretion of the company.
The following terms define the quantitative metrics used to describe and govern this qualitative added value service which can also be described as a collection of promises.
Types of express service available
- 1. Self service ‘Express Service’ which is available from the website as a choice option.
- 2. A separate Service Level Agreement (SLA) which is negotiated in writing and signed by a director.
Types of Goods Perishable and Non Perishable
- 1. Perishable goods have an endpoint or end date after which point they become worthless, a good example of this would be event tickets, after the event has taken place the tickets are no longer of value.
- 2. Non Perishable goods are of continued value, irrespective of the date or the passing of an event.
A working day defined
- 1. A working day is a week day excluding:
- Weekends (Saturday & Sunday)
- Christmas Day, Boxing Day, New Years Day, National Holidays and Bank Holidays
- Company Holidays
- 2. Excluded from the calculation shall also be the following working days which would otherwise be counted:
- Days of industrial action (strike)
- Working days lost due to bad weather (e.g. snow days)
- Local or national emergency (e.g. acts of God, Terrorism etc.)
- Working days lost due to an extraordinary or unforeseen event or circumstance which the company has no control over (e.g. Loss of electrical Power).
Starting point criteria
- 1. The start point shall be calculated from the day following payment and approval unless made before 11am, if before 11am then it shall be calculated from the same day.
Payment and Approval
- 1. Unless you have pre-arranged credit terms then payment will be a requirement before we can start the process.
- 2. Even if you have requested that we do not supply a proof; but we believe that a proof is required then you would still be required to give approval before we can start the process.
Expected delivery date
- 1. The expected delivery or dispatch date may differ from any pre-order discussions because of a different start date than originally anticipated or expected.
- 2. If the customer requires the job for a specific date then it will be the customer’s responsibility to ensure that payment and approval are made in good time; and that they select a sufficient service to meet their requirements.
Expectations from the service
- 1. The words ‘up to’ shall mean anything from ‘0’ days up to and including the requested service days from the ‘Starting point’ until the ‘Ending point’.
- 2. The service cannot be relied upon to hold the goods back; the goods will be dispatched at the earliest possible moment.
Ending point criteria
- 1. Our responsibility for the service will be deemed to have ended when the goods are ready for customer collection either in person or by the customer’s agent or courier.
- 2. When the goods are collected by our regular courier at a regular collection time.
- 3. When we have delivered the goods to the courier at their depot or regular place of business.
- 4. When we deliver directly to the customer’s requested delivery point.
- 1. Our maximum liability for perishable goods shall be 100% of the value of the order (e.g. if it does not arrive in time you don’t pay for it).
- 2. Our maximum liability for non perishable goods shall be 100% of the express service charge.
- 3. If the service is not completed and we are not at fault the liability will be 0%.
- 1. Customers are reminded that ‘free delivery’ is a bare minimum (standard) service available as per our third part provider’s terms and conditions.
- 2. Customers are reminded that we do not operate a delivery service and deliveries are routed through a third party provider which we are unable to take responsibility for.
- 3. The customer will be responsible for the risk involved in the transport of any goods after collection from us.
- 4. The customer must ensure that they have adequate insurance to cover the loss of high value consignments.
These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England.
If the company fails to insist that the customer performs any of its obligations under these Terms and Conditions
does not enforce its rights against the Customer
delays in enforcing its rights against the Customer
This will not imply that the company has waived its rights against the customer or that the customer does not have to comply with a term or obligation. If the company does waive a default by the customer then the company will only do so in writing, and this will not mean that the company will automatically waive any further default by the customer.
The company will attempt to resolve any Dispute through negotiation or by utilizing a mediator agreed to by both parties, rather than through litigation. Negotiations and mediations will be treated as ‘without prejudice’ confidential. If the parties are unable to reach a resolution within 30 days of notice of the Dispute to the other party, the parties may pursue all other courses of action available at law.
The parties agree that any Dispute shall be brought exclusively in the courts located in the South Yorkshire area and the parties agree to submit to the jurisdiction of such courts.
Neither Party shall be liable for any claim brought more than 3 years after the cause of action for such claim first arose.
The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute.
Printdomain Ltd 107 High Street, Thurnscoe, Rotherham, S. Yorks S63 0QZ 01709 892367