Terms and Conditions
1. Estimates are valid for thirty (30) days. Estimates are based on the printer’s current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
2. All quotes exclude VAT which is charged at the current Customs & Excise rates and according to current regulations.
3. Due to the bespoke nature of printed matter the customer shall not be entitled to a ‘cooling off’ period. Jobs put on hold or cancelled by the customer during production will be invoiced at current stage. This invoice must be paid in full.
4. For invoices not settled within the agreed credit terms, in accordance with section 69 of the County Court Act 1984 and Section 25(A) of the Supreme Court Act 1981 the court will be asked to add statutory interest to the debt Without prejudice to any other rights of the Company, if the Customer fails to pay the amount due by the due date, interest shall be added to such amount at the daily rate of 8% over the base rate quoted by Lloyds Bank PLC for the period from and including the date of receipt (whether before or after judgment). The Company reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. The Customer shall also reimburse to the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
5a. The customer agrees to adhere to the credit terms stated on the invoice, which are strictly 30 days from date of invoice unless otherwise agreed.
5b. Credit Card payments incur an additional 2.5% card charge.
6. All work carried out, whether experimentally or otherwise, at the customer’s request shall be charged.
7. The ownership and property of all work or materials not being materials supplied by or on behalf of the customer whether subsequently worked on or not shall remain in the property of FM Print Limited until all monies under this or any other Contract are paid in full by the customer.
8. The customer agrees to provide us with the specific copy, images and relevant information we require, or to advise us as to where we can locate them. We accept no responsibility for the customer’s product not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from the customer. We accept no responsibility for errors, omissions or discrepancies which may be present on the final product. Time taken to source the specific copy, images and relevant information, as well as any time required to correct errors, omissions or discrepancies which have arisen through the customer not providing us with adequate materials, will be charged to the customer at our standard rate. We accept no responsibility for the delay caused in providing the customer with the final product as a result of the customer supplying us with insufficient or unsuitable materials. Where the customer supplies or specifies materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
9. If the customer has been provided with a proof, written or verbal approval confirms that the customer agrees to the design and contents of the printed document as depicted on the proof. By giving written or verbal approval, the customer absolves FM Print Limited of all liability for any errors, omissions or discrepancies which may be present on the proof. This contract revokes the customer’s right to take any kind of action against FM Print Limited for any aspect of the work with which the customer is later dissatisfied. The customer’s approval means that, as long as the finished product is as arranged and consistent with the proof if supplied, the customer must pay in full for the work. This fact applies whether or not the customer later takes issue with any aspect of the product. These terms are final and non-negotiable.
10. PDF proofs of all work will be submitted for the customer’s approval and FM Print Limited 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.
11. Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, FM Print Limited cannot guarantee an exact match in colour or texture between any materials with which you supply us, and the printed article.
12. Every effort is made to produce the exact quantity of items ordered. However, some variation is inherent in the print process and so you accept that minor variations in quantity are possible. These do not affect the price charged.
13. Completion and delivery times (from receipt of cleared or authorised payment and of approval by the customer of any proofs) are a guide only and whilst FM Print Ltd will make every effort to adhere to proposed timescales, time of delivery is not of the essence in any contract with the customer.
14. Where the work is to be delivered in instalments each delivery shall constitute a separate contract and any claim by the customer in respect of any one or more of the instalments shall not entitle the customer to treat the order as a whole as repudiated or cancelled.
15. Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to FM Print Limited within three clear days of delivery (or in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to FM Print Limited and the carrier within seven clear days of delivery (or in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to FM Print Limited within 28 days of delivery. FM Print Limited shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that: (I) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
16. All materials (including but not limited to film, plates, negatives and positives) produced and used by FM Print Limited during the production process remain the property of FM Print Limited. Where these materials are provided by the customer, they remain the property of the customer.
17. FM Print Limited does not guarantee any quantity of revenue from any work they have undertaken.
18. Once the customer has agreed upon a proof and instructed FM Print Limited to proceed, any subsequent changes in style or design requested by the customer will be charged for at the appropriate hourly rate.
19. Unless by prior arrangement, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to FM Print Limited. Where the customer supplies us with material, it is the customer’s responsibility to obtain all necessary copyrights and licenses for its use, and we assume that the customer possesses these. In such cases, the copyright belongs to the customer. The customer agrees to indemnify FM Print Limited from any claim which arises regarding the use of material with which the customer supplies us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless the customer requests otherwise in writing.
20. FM Print Limited reserves the right not to use any matter deemed illegal, libelous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libelous 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.
21. Insofar as is permitted by law where work is defective for any reason, including negligence, FM Print Limited’s liability (if any) shall be limited to rectifying such defect. However FM Print Limited shall not be liable for indirect loss or third party claims occasioned by defective work and the customer shall not be entitled to any further claim in respect of the work.
22. FM Print Limited accept no liability whatsoever for indirect loss consequential or third party losses, resulting in a delay in delivery howsoever caused.
23. FM Print Limited accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided.
24. FM Print Limited accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our 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 or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
25. FM Print Limited shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond our control.
26. Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their 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 it, FM Print Limited, without prejudice to other remedies, shall: (i) 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) and materials purchased for the customer, such charge to be an immediate debt due to it, and (ii) in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to enter the customers premises to recover and dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts. (iii) if the customer has sold the goods before they have been paid for in full he shall hold the proceeds of sale in trust for FM Print Limited in a separate account until any sums owing to FM Print Limited have been discharged from such proceeds.
27. These Terms and Conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.
28. These Terms and Conditions may be amended from time to time.
29. All clauses and sub-clauses of this agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions.Registered in England and Wales. Reg Office: Units 4-6, Lennox Industrial Mall, Lennox Road, Basingstoke, Hants RG22 4DF VAT Reg. No.: 614 9278 25 Co. Reg. No.: 4179912
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