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Terms & Conditions
Ordering and acceptance: By submitting your order you, the Customer, are offering to buy the goods specified and allow the Company to use your personal details for supply of the goods, including passing your details on to couriers. The Company is not obliged to supply goods until it confirms your order by email, fax or telephone. The description and price of goods and services and delivery details will be provided in the confirmation of order.
Price: All work is carried out and goods are supplied in accordance with these Terms and Conditions of Business and the prices indicated on the Company's prevailing price schedule and/or published on its website. Any quotations given are normally based on this price schedule, but quotations may be offered for non-standard work. VAT and carriage charges will be added to the prices where applicable.
Payment: Where a credit account has been approved by the Company, an invoice will be raised and shall be due and payable within 30 days of the date of the invoice. Otherwise payment is due on notification that the goods are ready for dispatch or collection. The Company reserves the right at any time to require a payment on account and in default of such payment the Company shall be at liberty to cancel, vary or postpone the Customer's order.
Delivery: Whilst the Company makes its best endeavors to dispatch goods within a very limited time frame, any date of delivery specified is an estimate only. Time for delivery shall not be of the essence of the contract and the Company shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
Preliminary work: Work carried out, whether experimentally or otherwise, at the Customer's request, will be charged.
Proofs: Proofs are not normally submitted but, where specifically requested, a charge may be made. No responsibility will be accepted, and the Company shall not be liable, for any errors in proofs approved by the Customer.
Agency: The Company accepts orders and instructions only on the basis that those instructing it do so as principals and are liable directly to the Company for payment of its account.
Non-assignment: The Customer may not assign the benefit or burden of any contract with the Company without the express written consent of the Company.
Property supplied: All property supplied by or on behalf of the Customer will be held by or on behalf of the Company at the Customer's risk.
Claims: Claims arising from damage, delay or partial loss of goods in transit must be made to the Company and the carrier so as to reach them within three days of delivery, and claims for non-delivery within twenty eight days of dispatch of goods. All other claims must be made to the Company within ten days of delivery or collection.
Liability: The Company shall not be liable in any way for any loss of whatsoever nature sustained by the Customer or by any other person arising out of any errors in work produced or out of delay in completion or from any other cause whatsoever, save in breach of this Agreement. The entire liability of the Company to the Customer in respect of any claim whatsoever for breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid or payable by the Customer to which the claim relates. The Company shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. Where instructions or advice are received or given orally by the Company, the Company shall have no liability to the Customer or any other person for any misunderstanding or misinterpretation which may arise in relation thereto whether on the part of the Company, the Customer or any other person.
The Company's obligations: The Company shall provide its services with reasonable skill and care and to a reasonable standard in accordance with recognized standards and codes of practice. The Company warrants that any goods ordered will at the time of delivery correspond to the description given by the Company in its literature or on its website. Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the goods and services provided by the Company.
Unlawful or tortuous material: The Company shall not be required to print or reproduce any matter which in its opinion is or may be of an unlawful, criminal, tortuous, scandalous, indecent or libelous nature. The Customer warrants, and the Company accepts material for printing or production on the basis that those submitting the material have ensured it is free from defamatory matter and does not infringe copyright patent or design or any other third party rights.
Indemnity: The customer shall indemnify and keep indemnified the Company against all claims, costs, demands and expenses against the Company or any of its employees, howsoever incurred, arising out of the printing or distribution by the Company of any matter that is or may be unlawful, criminal, tortuous, scandalous, indecent or libelous, or that infringes or may infringe any copyright, patent or design or any third party rights whatsoever.
Difficulty and Force Majeure: Every effort will be made to carry out the contract, but its due performance is subject to cancellation by the Company or to such variation as it may find necessary or expedient as a result of difficulty in securing labor, materials or supplies, or as a result of any Act of God, terrorism, war, strike, lockout or other labor dispute, fire, flood, drought, legislation or any other cause beyond the Company's reasonable control.
Jurisdiction: The Company's relationship with the Customer will be governed by New York law and will be subject to the exclusive jurisdiction of the New York courts. New York shall be the proper forum for any court or other dispute-resolution proceedings. Nothing contained in these Terms and Conditions of Business shall affect the Customer's statutory rights as a consumer.
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