Terms and Conditions
Acceptance of our quotation or the placing of an order shall constitute acceptance of these terms and conditions in their entirety unless specifically varied in writing by Cheap Printing Dorset Ltd.
2. QUOTATIONS AND ESTIMATES
(a) Estimates are provided where the full final specifications of the job are unavailable and/or the source material is not available for our inspection.
Such estimates are subject to confirmation upon final specification and/or inspection of the source material.
(b) Quotations are based on current cost of materials and services and unless otherwise agreed in writing, are subject to amendment to meet any rise in such costs between the date of quotation and the date of execution, except that such quotation shall be held firm for 30 days.
(c) When quotations are based on specifications, roughs, layouts, samples or dummies or printed, typewritten or other good copy provided by the client any extra work or cost caused by any variation by the customer of his original instructions or specifications shall be additionally chargeable.
(d) Upon acceptance by the customer, Cheap Printing Dorset Ltd's written quotation shall be deemed to have interpreted customer's instructions correctly.
3. GOODS AND SERVICES TAX (GST)
Quotations and Estimates are net plus GST which shall be entitled to add to the invoice at the rate specified by the law at the time of invoice.
Proofs of work may be submitted for customer's approval prior to printing. No liability is accepted for any errors not corrected by the customer on proofs
so submitted. Customer's alterations, and additional proofs necessitated thereby, shall be charged as an extra.
5. DESIGN & ARTWORK
Design, Typography and Artwork are chargeable at quoted rates. Where designs, colours and/or typestyles are not specified all changes to work submitted are chargeable. All authors corrections and amendments (AA's) are chargeable.
6. OUTSIDE WORK
Where the performance of any contract with the customer requires us to obtain goods or services from a third party, the contract between us and the Customer shall incorporate, and shall be subject to, the conditions of supply of such goods and services. The customer shall bear the full cost of such goods or services.
7. SPECIAL PURCHASES
Dies, knives, engravings or other special materials necessarily purchased for the execution of the client's order shall be chargeable, but remain the property of Cheap Printing Dorset Ltd.
We do not charge for delivery unless otherwise stated.
9. OVERS & UNDERS
Cheap Printing Dorset Ltd makes every effort to deliver work in the precise quantity ordered but the customer agrees to make no claim for damages in the event that the quantity delivered is within 2 percent of the quantity specified except that credit shall be given for such shortfall and such excess shall be chargeable.
All claims in respect of work, quality or quantity thereof shall be made in writing within 14 days of receipt by customer. In the absence of such claim timely-made the work shall be deemed to have been received, checked and accepted as fully complying with client's specifications.
Unless otherwise agreed in writing, all payments are to be made upfront when placing the order or via telephone to our offices on: 01258 795797.
13. PERIODICAL PUBLICATIONS AND CONTRACT QUOTATIONS
No agreement for the production and printing of periodical publications, or for the periodic production of other forms of printed matter pursuant to an agreement and/or a special scale of contract prices shall be terminated by either party unless 90 days written notice thereof is given and received, except that Cheap Printing Dorset Ltd shall be free to terminate such agreement in the event the client defaults on payment. Where such agreement involves the commitment by Cheap Printing Dorset Ltd to indent stocks, special stocks not otherwise broadly usable, or goods produced and held for the customer and charged upon delivery, customer agrees to purchase such excess stocks upon termination at cost plus rate of profit margin applicable to the agreement.
Cheap Printing Dorset Ltd undertake no liability for the delay of goods delivered, either through internal or external delays. All turnaround times quoted are guidelines and are not contractually binding. We always aim to get jobs dispatched within quoted turnaround times but sometimes there are situations outside of our control which delay that. Wherever possible we will offer a credit against further orders and work with you to reach a satisfactory outcome. If your item is lost after dispatch by a nominated courier service then there are steps we can take to claim against that and issue either a reprint or a refund, but we have to wait a minimum of 14 days to begin that process. In addition, we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
15. SUITABILITY OF GOODS OR WORK
16. FORCE MAJEURE
Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregoing causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work. No responsibility shall attach to us for any delay, default, loss or damage resulting from any of the above causes and the customer undertakes not to bring any claim for damages against us arising from any circumstance described herein.
In respect of all unpaid debts due from the customer, we shall have a general lien on all goods and property in our possession and shall be entitled on the expiration of 14 days ( or such other period as we may stipulate) notice to the customer, dispose of such goods or property as we think fit and to apply the proceeds towards satisfaction of such debts. Such lien shall further extend to all goods produced or supplied by us wheresoever located, for which payment has not been received, and we shall be entitled to enter client's premises and repossess such work and dispose of it, applying the proceeds, towards satisfaction of the debt, without that such repossession and or disposition shall annul or diminish in any degree the obligation of the client with respect to remaining unpaid amounts, nor mitigate the rights and recourse of the printer under law for full recovery of said debts, and costs of collection thereof.
Notwithstanding that we may agree with respect to any specific transaction, either expressly or by implication, to waive one or more of these terms and conditions, such agreement shall in no way release the customer from the other terms, conditions, obligations or requirements set out herein.
19. STANDING MATERIAL
At Cheap Printing Dorset Ltd discretion, all plates, type, cutting formes and other printing materials used in the production may be broken up and/or destroyed immediately on completion of work unless we are specifically requested in writing to keep it standing. All such matter kept standing shall remain the property of Cheap Printing Dorset Ltd. If matter is kept standing, pursuant to such a request an additional charge may be made for storage, maintenance and any other necessary attention.
20. CUSTOMER'S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER
21. OWNERSHIP OF DRAWINGS, BLOCKS, ENGRAVINGS, ELECTROTYPES, ETC
22. ELECTRONIC STORAGE
The customer shall have no right or title to data stored by us on disks or any other electronic form of storage but if we agree to duplicate or transfer stored electronic or like media for use by a customer, or other parties authorised to obtain that data we shall have the right to charge for those services. Disks and tapes supplied by the customer and/or other authorised persons remain the property of the customer. Unless otherwise advised in writing we shall assume these disks and tapes to be duplicate copies of the original, which remains in the possession of the customer.
Cheap Printing Dorset Ltd shall not be liable for indirect or consequential loss, or for any loss to the customer arising from third party claims or delay of delivery.
No warranty, other than statutory warranties, is given by Cheap Printing Dorset Ltd, nor responsibilty accepted to ensure that goods produced comply with the requirements of any legislation relating to the marking, and/or labelling and/or packaging of goods. Compliance with the requirements of such legislation shall be the sole responsibility of the buyer.
The customer undertakes to indemnify Cheap Printing Dorset Ltd from all claims by or from any third party which arise from the accuracy, permissibility under any state regulation or common law, as to the information, pictures, graphics or contents and/or breach of copyright in respect of any of the work printed to the customer's instructions.
All work is undertaken to the client's or client's agents instructions. Subject to such statutory warranties as cannot validly be excluded, no warranty is given that the goods or work produced to such instructions are suitable in size, shape, capacity, quality or otherwise for the purpose for which goods are intended. Cheap Printing Dorset Ltd shall not be liable for any damages resulting from the unsuitability of the goods, or the work.
Liability for breach of a condition or warranty implied into this contract by the Trade Practice Act, 1974 other than a condition implied by Section 69 is limited to any one of the following as determined by Cheap Printing Dorset Ltd:.
the replacement of the goods or the supply of equivalent goods; or.
the repair of the goods; or.
the payment of the cost of replacing the goods or of acquiring equivalent goods; or.
the payment of the cost of having the goods repaired.
Pursuant to Section 68A of the Trade Practices Act, 1974 this Clause 16 applies in respect of any of the goods supplied under this contract which are not of a kind ordinarily acquired for personal, domestic or household use of consumption.
Customer's property and all property and material supplied to the printer by or on behalf of the customer (including goods in transit) are held at the customer's risk and we accept no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed in writing.
Unless otherwise agreed in writing we accept no responsibility for the insurance of such property or material. In the event of our agreeing in writing to insure such property or material, the cost of insurance premiums shall be borne by the customer.
Unless the customer establishes that we have been negligent, the risk and cost of all spoilage of customer supplied materials shall be borne by the customer.
Where the customer supplies materials, he shall supply an adequate quantity to provide for in-production run up and spoilage and Cheap Printing Dorset Ltd shall assume that such materials are supplied in the necessary quantity. Cheap Printing Dorset Ltd will not count such supply, or if required to do so, the cost of counting shall be chargeable.
If property is left with Cheap Printing Dorset Ltd without instructions and not reclaimed with 30 days of notice to remove, Cheap Printing Dorset Ltd shall be free to dispose of such property and retain the proceeds, if any, to cover the costs of storage and handling.
Where materials or equipment are supplied or specified by the customer we accept no responsibility for imperfections due to defects in or unsuitability of such materials or equipment.
Any change or correction to any film, bromides, artwork and/or any printing surface supplied by the customer, necessary to ensure properly finished work, shall be chargeable.
Drawings, sketches, paintings, photographs, designs or typesettings furnished by us, dummies, models or print production devices made or procured, and negatives and positives remain the property of Cheap Printing Dorset Ltd until paid for. Subject to Clause 21(a), such finished artwork, negatives and positives may, at the customer's request, be stored on our premises.
Blocks, engravings, stencils, dies, plates made from our original design, remain our exclusive property unless otherwise agreed upon in writing.
Original designs, concepts, artwork and dummies supplied by Cheap Printing Dorset Ltd on a speculative basis remain our property; shall not be used other than as agreed in written or without written consent. Cheap Printing Dorset Ltd shall be entitled to compensation for unauthorised use of such materials.