Standard Terms and Conditions of Design 2 Print (Llandudno) Ltd
Company registration number: 02600994
- Price Variation
Estimates are based on Design 2 Print (Llandudno) Ltd current cost of production and should this change we reserve the right to pass these additional costs on to you.
- VAT (Value Added Tax)
The tax on a quotation we supply will be based on information you provide. If you are unsure regarding VAT & printing matters, please contact us as it is imperative we have the correct information when pricing for work.
- Preliminary work
All work carried out for you, whether experimentally or otherwise, will be charged.
A charge may be made to cover any additional work involved where copy supplied is not clear and/or legible.
Proofs of all work may be submitted for customer’s approval, and Design 2 Print (Llandudno) Ltd shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style type or layout is left to Design 2 Print (Llandudno) Ltd is judgement, changes therefrom made by the customer shall be charged extra.
- Delivery and payment
- a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed, the ownership shall pass to you and payment shall become due in accordance with terms and conditions of your credit facility.
- b) Unless otherwise specified the price quoted is for delivery of the work to the customer address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.
- c) Should expedited delivery be agreed, an extra may be charged to cover any overtime or any other additional costs involved.
- d) Should work be suspended at the request of or delayed through, any default of the customer for a period of 30 days Design 2 Print (Llandudno) Ltd shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Non Credit Account
a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed, the ownership shall pass to you and payment shall become due during the checkout procedure via the company website.
- b) Unless otherwise specified the price quoted is for delivery of the work to the customer address as set out in the website ordering page.
- c) Delivery of products may take up to 2 working days after it has been printed.
- Variations in Quantity
Every endeavour shall be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for work in 1 colour and 10% for other work being allowed for overs and shortage (4% & 8% respectively for quantities exceeding 50,000) the same to be charged or deducted.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Design 2 Print (Llandudno) Ltd and carrier within three (3) clear days of delivery (in the case of non-delivery within 14 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Design 2 Print (Llandudno) Ltd and the carrier with seven (7) clear days of delivery (or, in the case of non-delivery within 28 days of dispatch). All other claims must be made in writing to Design 2 Print (Llandudno) Ltd within 14 days of delivery.
Design 2 Print (Llandudno) Ltd shall not be liable for any loss to the customer arising from delay in transit not caused by Design 2 Print (Llandudno) Ltd or its contracted carrier.
- Standing Material
a) Materials owned by Design 2 Print (Llandudno) Ltd and used by them in the production of plates shall remain its exclusive property. Such items when supplied by the customer shall remain the customer’s property.
- b) Type/designs may be distributed and lithographic, photogravure and other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event rent may be charged.
- Customers Property
a) Except in the case of a customer who is not contracting in the course of a business, customers property and all property supplied to Design 2 Print (Llandudno) Ltd by or on behalf of the customer shall, while it is in the possession of Design 2 Print (Llandudno) Ltd or in transit to or from the customer, be deemed to be at the customer’s risk unless otherwise agreed and the customer should insure accordingly.
- b) Design 2 Print (Llandudno) Ltd shall be entitled to make reasonable charges for the storage of any customer’s property left with Design 2 Print (Llandudno) Ltd before receipt of the order or after notification to the customer / completion of the work.
- c) Property supplied to Design 2 Print (Llandudno) Ltd that has been surplus to requirement for a period of 60 days post project completion will be destroyed.
- Material Supplied by the Customer.
a) Design 2 Print (Llandudno) Ltd shall be reject any paper, plates or other materials supplied or specified by the customer which appear to be unsuitable. Additional cost shall be incurred if materials are found to be unsuitable during production except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Design 2 Print (Llandudno) Ltd in ascertaining the unsuitability of the materials. In such circumstances the customer shall not be charged.
- b) Where materials are so supplied or specified, Design 2 Print (Llandudno) Ltd 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.
- c) Quantities of materials supplied shall be adequate to cover normal spoilage.
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 them Design 2 Print (Llandudno) Ltd without prejudice to other remedies shall:
- a) 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) the materials purchased for the customer, such charge to be an immediate debt due to him, and
- b) In respect of all unpaid debts due from the customer have a general lien on all goods and property in their 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 a manner and at such a price as Design 2 Print (Llandudno) Ltd thinks fit and to apply the proceeds towards such debts.
- Illegal Matter
a) Design 2 Print (Llandudno) Ltd 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.
- b) Design 2 Print (Llandudno) Ltd shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
- Periodical Publications
A contract or printing of periodical publications may not be terminated by either party unless 13 weeks’ notice in writing is given. In the case of periodicals produced monthly or more frequently, 26 weeks’ notice in writing is given. Notice may be given at any time but wherever possible should be given after completion of work on one issue. Nevertheless Design 2 Print (Llandudno) Ltd may terminate any such contract forthwith should any sum due remain unpaid.
- Force Majeure
Design 2 Print (Llandudno) Ltd shall be under no liability if they shall be unable to carry out any provision of a contract for any reason beyond their 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 of furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such contingency the customer may by written notice elect to terminate the contract and pay for the work done and materials used, but subject thereto shall otherwise accept delivery when available.
- Data supplied in Digitised form
Where any text, illustration or other matter is supplied to Design 2 Print (Llandudno) Ltd in a digitised form on a disc or via the internet and data so received is not suitable or outputting equipment normally adequate for such purposes without adjustment or other corrective action Design 2 Print (Llandudno) Ltd may make a charge for any additional cost incurred thereby. In such circumstances Design 2 Print (Llandudno) Ltd will take every care to secure the best results but shall not be responsible for:
- a) Any imperfect work caused by the unsuitability of such data, and
- b) Any delay in delivery occasioned by the additional work
All sums due from the customer to Design 2 Print (Llandudno) Ltd which are not paid on the due date shall (without prejudice to other remedies) bear interest from day to day at the annual rate of 3% over base lending rate of HSBC plc from date of default until date of payment in full whether or not after judgement; and the customer shall reimburse any legal or other costs and expenses incurred by Design 2 Print (Llandudno) Ltd in pursuing an overdue payment and the amount of any such costs and expenses shall be a debt due to Design 2 Print (Llandudno) Ltd immediately upon notification thereof to the customer.
- Retention of Title
Notwithstanding any other provision in this contract the following shall apply:
Title and risk
a) Delivery of work shall be accepted when tendered, and thereupon, or, if earlier, on notification that the work has been completed, payment shall become due.
- b) The risk in the work and all goods delivered in connection herewith (hereinafter in this clause called “the goods”) shall pass to the customer upon delivery.
- c) Until full payment has been received by Design 2 Print (Llandudno) Ltd for all the amounts due to Design 2 Print (Llandudno) Ltd from the customer under this or any other contract:
- i) Property of the Goods shall remain in Design 2 Print (Llandudno) Ltd.
- ii) Subject to sub paragraph (iv) hereof, the customer shall be at liberty to sell the Goods in the ordinary course of its business and the proceeds of sale and all rights and claims relating thereto shall belong to and be held by the customer for Design 2 Print (Llandudno) Ltd provided that if the customer sells any of the goods as aforesaid it shall sell as agent and bailee of Design 2 Print (Llandudno) Ltd in law and in equity and shall keep Design 2 Print (Llandudno) Ltd indemnified against any liability whether contractual or otherwise arising from the sale.
iii) The customer shall not mingle the proceeds of any sale pursuant to the power of sale referred to in clause (c)(i) with any other moneys and shall not pay the same into an overdrawn bank account. The customer shall open a fiduciary account with its banker and advise them that it holds the entire proceeds of sale as trustee for Design 2 Print (Llandudno) Ltd. The customer shall not be entitled to deal with the monies in the said account other than to pay the same over to Design 2 Print (Llandudno) Ltd upon demand notwithstanding any other agreed date for payment of any sum due to Design 2 Print (Llandudno) Ltd from the customer.
- iv) Unless and until sold under the power of sale contained in sub-paragraph (ii) the customer shall (unless otherwise agreed by Design 2 Print (Llandudno) Ltd in writing):
- A) Ensure that the goods are stored separately and marked so they may be readily identified as the property of Design 2 Print (Llandudno) Ltd, and
- B) Upon request inform Design 2 Print (Llandudno) Ltd of the whereabouts of the Goods and procure that Design 2 Print (Llandudno) Ltd shall have access thereto at all times on reasonable notice.
- v) The customer’s right to retain possession of the goods and power of sale will automatically determine in any of the following circumstances:
- A) The customer fails to make the payment of any sum due to Design 2 Print (Llandudno) Ltd under this or any other contract and such sum remains outstanding for more than 14 days after the date on which such sum falls due for payment and Design 2 Print (Llandudno) Ltd serves written notice of termination:
- B) An encumbrancer take possession or a receiver, administrative receiver, trustee or similar officer is appointed for any part of the assets of the customer, or
- C) A distress or execution is levied on or issued against any of the property of the customer and is not paid within 7 days after such levy or issue; or
- D) A petition is advertised or notice is given of a resolution to wind up the customer (otherwise than for the purpose of reconstruction or amalgamation) or a petition for an administration order is presented in respect of the customer; or
- E) A petition in bankruptcy is presented against the customer; or
- F) The customer is unable to pay its debts within the meaning if Sections 123 or 341(3) of the insolvency Act 1986 or any statutory modification or re-enactment thereof; or
- G) The customer makes arrangements or composition with its creditors.
- vi) Upon determination of the customer’s right to possession and power of sale under sub-paragraph v) hereof the customer shall place the Goods at the disposal of Design 2 Print (Llandudno) Ltd who shall be entitled to enter upon the premises where the Goods are held for the purposes of removing the same.
- These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of the United Kingdom.