Terms and Conditions of Sale of ThePrintPlatform.com (The Printer)
The latest version of these terms and conditions can be accessed via ThePrintPlatfom.com.
In these conditions, 'electronic file' means any text, illustration or other matter supplied in digitised form uploaded via internet, via email attachment or any other communication link.
1. PRICE VARIATION
Prices displayed on ThePrintPlatform.com are based on the printer's current pricing rules and, unless otherwise agreed, are subject to amendment on or at any time after acceptance at the absolute discretion of the printer for any reason (reasons include but are not limited to pricing errors, over sold capacity, stock unavailable, system failure, power cuts, breakdown or unachievable deadlines).
The printer reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
On ThePrintPlatform.com customers have the option to apply to zero rate products where they believe zero rating is allowed by HMRC. In this instance the printer will still charge VAT on the product and subject to verification that the printer agrees that the product can be zero rated a refund of the VAT element will be made to the customer. If the printer does not agree that the product can be zero rated then the customer will be offered the choice to accept the decision and proceed with no refund of the VAT element or to cancel the whole order, obtain a refund (see clause 29 Refund Policy) and accept that the printer accepts no liability for any losses caused as a result of the cancelled order. Furthermore the printer reserves the right to collect any VAT due if subsequently HMRC rule that VAT should have been charged on a product which was originally deemed as Zero Rated.
3. PRELIMINARY WORK
All work carried out, whether experimentally or otherwise, at customer's request shall be charged.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
5. ELECTRONIC FILES
- (a) It is the customer's responsibility to maintain a copy of any original electronic file.
- (b) The printer shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed.
- (c) Without prejudice to clause 15, if an electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action the printer may make a charge for any resulting additional cost incurred.
- (a) Processes where no proofs are supplied:
- ThePrintPlatform.com allows customers to choose a process where their artwork is uploaded without any proofs being supplied. Where the customer transacts utilising this functionality it is at the customer’s risk and the printer accepts no liability if the customer is not satisfied with the product(s) produced.
- (b) Where proofs are supplied:
- Proofs of all work may be submitted for customer's approval and the printer 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 the printer's judgement, changes therefrom made by the customer shall be charged extra.
- COLOUR PROOFS Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed in writing prior to placement of any orders.
7. COLOUR CONSISTENCY
Best endeavours will be utilised to obtain colour consistency in reproduction of customer’s work unless otherwise agreed in writing prior to placement of any orders. Variation in the printing and finishing process is accepted as reasonable and the printer will not guarantee exact colour consistency or physical properties to the customer’s expectations or previously printed matter (whether printed by the printer or another printer).
The printer reserves the right to (and will normally for colour work) convert any element of artwork (elements of artwork include but are not limited to pantones, spot colours or RGB images) to CMYK which can result in a colour change as it is impossible to exactly replicate all colours from CMYK. The printer also reserves the right to convert CMYK Black to the CMYK value C 0% M 0% Y 0% K 100% which can result in a colour change. The printer will not guarantee exact colour consistency or physical properties to the customer’s expectations or previously printed matter (whether printed by the printer or another printer).
8. VARIATIONS IN QUANTITY
Every endeavour will be made to produce and deliver the correct quantity ordered, however variations can occur due to the nature of the production process. It is accepted as reasonable that variations causing short supply of less than 5% are immaterial and the printer shall have no liability to produce the shortfall or issue any credit or refund. Where a short supply of more than 5% occurs a credit or refund will be issued pro rata to the quoted supply price.
9. DELIVERY AND PAYMENT
ThePrintPlatform.com allows users to select the date that they would like their order to be delivered. The printer will use best endeavours to meet the delivery date requested but does not guarantee delivery on the date requested.
Should work be suspended at the request of or delayed through any default of the customer (defaults include but are not limited to artwork not supplied to specification, overdue invoices, incomplete/incorrect delivery information, incorrect VAT option selected, unable to accept delivery or credit limit breaches) the printer shall then be entitled to amend the requested delivery date by at least the same number of working days* as the suspension or delay and the printer shall have no liability to issue any credit or refund. The amended requested delivery date will then be used to monitor delivery performance.
If for any reason the printer needs to reprint or resupply any products the printer shall then be entitled to amend the requested delivery date at the printer’s complete discretion. The amended requested delivery date will then be used to monitor delivery performance.
The printer reserves the right to deliver earlier than the requested delivery date and in such instances will not seek any additional charges.
Where the printer delivers more than 2 working days* after the requested delivery date (or where applicable the amended requested delivery date) a credit or refund will be issued for the difference between the original amount paid by the customer for the requested delivery date and the actual delivery date.
The printer reserves all rights to make additional charges to cover any additional costs where a customer default occurs, additional costs include but are not limited to corrections to customer’s artwork or delivery costs following an unsuccessful delivery attempt.
The printer accepts no liability for any losses deemed consequential as a result of not delivering on the requested date (or where applicable the amended requested delivery date).
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 calendar days the printer shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
*working days include Monday to Friday and do not include public holidays (in England & Wales), weekends and Christmas Shutdown (for 2015 Christmas Shutdown is 25/12/15 to 03/01/16).
10. OWNERSHIP AND RISK
- (a) The risk in all goods delivered in connection with the work shall pass to the customer on delivery.
- (b) Goods supplied by the printer remain the printer's property until the customer has paid for them and discharged all other debts owing to the printer.
- (c) If the customer becomes insolvent (as set out in clause 16) and the goods have not been paid for in full the printer may take the goods back and, if necessary, enter the customer's premises to do so, or to inspect the goods.
- (d) If the customer shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for the printer in a separate account until any sum owing to the printer has been discharged from such proceeds.
Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to the printer and the carrier within 3 clear working days of delivery (or, in the case of non-delivery, within 3 working days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to the printer and the carrier within 10 clear working days of delivery, (or, in the case of non-delivery, within 5 working days of notification of despatch). All other claims must be made in writing to the printer within 10 working days of delivery. The printer 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.
- (a) The printer shall not be liable for any losses (losses include but are not limited to indirect loss, consequential or third party claims) occasioned by delay in completing the work or for any loss to the customer arising from delay in transit, whether as a result of the printer's negligence or otherwise.
- (b) Insofar as is permitted by law where work is defective for any reason, including negligence, the printer's liability (if any) shall be limited to rectifying such defect. 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 nor shall the customer be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further deliveries.
- (c) The printer shall not be liable for any losses (losses include but are not limited to indirect loss, consequential or third party claims) occasioned by the printer exercising its absolute right not to fulfil or rectify any order; where this right is exercised a credit or refund will be issued less any costs incurred as a result of a customer default.
13. STANDING MATERIAL
- (a) Metal, film and other materials owned by the printer and used by him in the production process shall remain his exclusive property. Such items when supplied by the customer shall remain the customer's property.
- (b) Any materials or data (physical or electronic) supplied by the customer may be destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, the printer may make additional charges.
14. CUSTOMER'S PROPERTY
- (a) Customer's property and all property supplied to the printer by or on behalf of the customer shall while it is in the possession of the printer or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure accordingly.
- (b) The printer shall be entitled to make a reasonable charge for the storage of any customer's property left with the printer before receipt of the order or after notification to the customer of completion of the work.
Intellectual Property and other rights
Unless agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by the printer vests in and belongs to the printer. The printer reserves the right to use any material or products produced or supplied to promote the printer in any way or medium that the printer chooses. The Customer is liable for arranging all necessary consents and permissions to allow reproduction of any reproducible materials (reproducible materials include but are not limited to pictures, logos, trademarks or text) before placing an order. The customer shall indemnify and hold the printer and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to consequential losses and legal costs), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the legal costs) that the reproduction of by the printer infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
Whilst the printer holds copyright no reproduction of any part of the website ThePrintPlatform.com or its content is allowed without written permission from the printer.
15. MATERIALS SUPPLIED BY THE CUSTOMER
- (a) The printer may reject any film, disks, paper, plates, electronic files or other materials supplied or specified by the customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the printer in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
- (b) Where materials are so supplied or specified, the printer 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 must be adequate to cover the printer’s normal spoilage in the production process. No liability is accepted by the printer where any shortfall occurs due to an insufficient supply.
Without prejudice to other remedies, if the customer becomes insolvent (namely, being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him) the printer shall 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 him. Any unpaid invoices shall become immediately due for payment.
17. GENERAL LIEN
Without prejudice to other remedies, in respect of all unpaid debts due from the customer the printer shall have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property as agent for the customer in such manner and at such price as he thinks fit and to apply the proceeds towards such debts, and shall when accounting to the customer for any balance remaining be discharged from all liability in respect of such goods or property.
18. ILLEGAL MATTER
- (a) The printer 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) The printer 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 include (without limitation) any amounts paid on a lawyer's advice in settlement of any claim that any matter is libellous or such an infringement.
19. PERIODICAL PUBLICATIONS
A contract for the printing of a periodical publication 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 or 26 weeks' notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless the printer may terminate any such contract forthwith should any sum due thereunder remain unpaid.
20. FORCE MAJEURE
The printer shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the customer; failure of power supply; lockout, 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 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.
These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England.
Orders are quoted carriage paid to any destination in Great Britain and Northern Ireland. If, at customer’s request, methods other than our normal mode of delivery are used, any extra cost involved may be charged.
23. SETTLEMENT OF ACCOUNTS
Accounts are due for payment in line with agreed credit terms. Overdue accounts are liable to an interest charge of 5% of total overdue debt each month plus a fee to cover any additional charges incurred to collect the overdue debt.
24. CLAIMS FOR NON DELIVERY
All despatches from our factory are insured for safe transit to their full value. Claims have to be submitted by us to our insurers in writing within 28 days of despatch so that notification to us of non-delivery must be made within the 14 days stated on our Advice Notes to enable the carriers to take hastening action prior to claims being lodged with our insurers.
25. ALTERATIONS AT PROOF STAGES
All prices quoted include the supply of one set of proofs where stated. These are often preceded at quotation stage by a rough drawing normally submitted without charge, and with the express object of avoiding alterations once the job has been set. Alterations are costly, and we reserve the right to charge extra for alterations made at proof stage which are caused other than by our own errors.
When proofs have remained outstanding for 3 months we reserve the right to invoice the work carried out to date.
It is expressly stated and agreed that legal ownership and title to any goods supplied by the company shall not pass to the customer until payment in full has been received by the company in respect of any such goods and any other outstanding amounts due and payable to the company have been received. Further, the customer is charged to hold such monies as he may receive from his customer against goods supplied by the company in trust until he has fully discharged his debt to the company.
Where customer's stock is held it is at customer's risk and for a maximum of 12 months unless specifically otherwise agreed. The printer shall be entitled to make a reasonable charge for the storage.
28. CREDIT/DEBIT CARDS
Selected Credit/Debit card payments are accepted on ThePrintPlatform.com:
29. REFUND POLICY
Where the printer agrees that a refund should be made one of the following will occur
- (a) For Payments made by a Credit/Debit card:
- Refunds will be made within 5 working days back to the original Credit/Debit card. The printer reserves the right to only refund 94% of the original value to cover administration and card transaction processing costs irrespective of the reason that a refund is required.
- (b) For Payments made by methods other than a Credit/Debit card:
- Refunds will be made within 5 working days by electronic bank transfer to the original payor. The printer reserves the right reduce any refund to cover administration and bank charges irrespective of the reason that a refund is required.
30. DATA PROTECTION
By utilising ThePrintPlatform.com website the customer consents to its details being used by the printer for marketing and/or other purposes with details retained for as long a time period as the printer decides.
“ThePrintPlatform.com” is a trading name of William Pollard & Company Ltd, Registered address Oak House, Falcon Road, Exeter, Devon, EX2 7NU Company Registration Number 65337.