Trading Terms & Conditions

Trading Terms & Conditions for
Inprint Print Services Ltd.
Revised 06 Jun 2018

1. QUOTATIONS

Any estimate or quotation given by Inprint Print Services Ltd. will be valid for thirty days from the date of issue after which time it shall be void unless subsequently ratified in writing by Inprint Print Services Ltd.

2. COST VARIATION

Any third party price increases beyond the control of Inprint Print Services Ltd. arising after the date of the quotation or estimate will be passed on to the Client with details of the relevant variations.

3. ACCEPTANCE OF QUOTATION

Acceptance of quotation or estimate must be made in writing by the Client or its authorised agent and unless otherwise agreed in writing shall constitute an order which in turn will raise a job number.

4. PRELIMINARY WORK

Work carried out whether experimentally or otherwise at Clients request will be chargeable.

5. PROOFS

Author’s corrections, including alterations in style, and the cost of additional proofs necessitated by such corrections will be charged extra. Proofs of all work will be submitted for Clients approval and in that event no responsibility will be accepted for any errors in them not corrected by the Client.

6. DELIVERY AND PAYMENT

1. Delivery of work shall be accepted when tendered and thereupon or on notification that the work has been completed the ownership shall pass once payment is received.
2. Should expedited delivery be agreed and necessitate overtime or other additional cost an extra charge may be made.
3. Should work be suspended at the request of or delayed through any default of the Client for a period of fourteen days Inprint Print Services Ltd. shall then be entitled to payment for work already carried out and materials specially ordered.
4. The client shall pay the full contract price including VAT (sub-contractors that charge VAT) within 30 days from the date of invoice unless contrary terms are agreed in writing.
5. Where the Client fails to pay the full contract price within 30 days of date of invoice, the Client shall immediately and without further demand become liable to pay all sums due under other contracts made between the Client and Inprint Print Services, notwithstanding that 30 days has not elapsed from the date of the invoice or invoices in respect of those contracts.
6. If the contract provides for staged delivery of goods, Inprint Print Services Ltd. shall be entitled to issue an invoice upon delivery of the first consignment and the client shall become liable to pay the full contract price including VAT (sub- contractors that charge VAT) within 30 days from the date of said invoice and
   1. If the Client fails to pay the invoice in respect of any Goods that have been delivered on or before the date on which such payment becomes due, Inprint Print Services Ltd. may at its sole and unfettered discretion (and without prejudice to any other rights Inprint Print Services Ltd. may have against the buyer) treat the contract as if the buyer had repudiated it in which case Inprint Print Services Ltd. shall become entitled to damages accordingly.

(ii)  Inprint Print Services Ltd. will make every effort to deliver the goods on time and of contract description and quality. Should Inprint Print Services Ltd. be prevented from doing so by circumstances beyond its control, the Client shall not be entitled to treat the contract as if the Client had repudiated it on the grounds that such delivery was not on time or that the Goods were not of contract description or quality.
g)   The Client may not delay or refuse payment for any alleged failure of the Goods to meet contract description or quality where Inprint Print Services Ltd. has agreed in writing to rectify such alleged failure.

7. STAGE PAYMENTS

At the discretion of Inprint Print Services Ltd. certain jobs undertaken by Inprint Print Services Ltd. may be subject to a number of stage payments throughout the job which shall be agreed with the Client before work commences.

8. OVERDUE ACCOUNTS AND RECOVERY

If any sum payable by the Client to Inprint Print Services Ltd. on or before the due date then, without prejudice to Inprint Print Services’s other rights and remedies Inprint Print Services Ltd. reserves the right to charge interest on the amount outstanding from the due or last date for payment of that amount to the date of actual payment (both dates inclusive), at 8% over the Bank of England’s official Bank Rate. In the event of there being a necessity for the institution of legal proceedings for recovery of overdue or outstanding monies then the full legal costs of recovery will be aggregated with the debt for which the proceedings will be instituted.

9. CLAIMS

1. Inprint Print Services’s liability in respect of any failure of the Goods to be of contract description or quality is limited to the express provisions of this clause. Inprint Print Services’s warranty under this clause is in lieu of any warranties, conditions or undertakings, whether express or implied by statute or law or otherwise, save those implied warranties, conditions and terms that cannot be excluded by virtue of statute or law.
2. Inprint Print Services Ltd. takes all possible care to ensure that the Goods are to contract description and quality but defects and shortages sometimes occur. If the Client wishes to make a complaint that the Goods are not to contract description or quality, Inprint Print Services Ltd. must be in receipt of the written complaint within 7 days of delivery to the Client. If the Client fails to make its complaint in writing and within the strict time limit, Inprint Print Services Ltd. shall be entitled to reject the Client’s complaint without further investigation. If the Client makes a complaint in writing and within the strict time limit, Inprint Print Services Ltd. shall investigate the claim within a reasonable time and the Client shall allow Inprint Print Services’s facilities to inspect the Goods. If the Goods are not to contract description or quality (and if Inprint Print Services Ltd. has not rejected the Client’s complaint because it was not made in writing or within the strict time limit), Inprint Print Services Ltd. may at its sole and unfettered discretion:
3. rectify the problem.
4. replace the Goods.
5. accept return of the Goods and credit the Client with the full contract price.
6. agree a reduction in the contract price to compensate for the alleged failure and issue a credit to the Client accordingly.

By performing any of the above actions, Inprint Print Services Ltd. does not admit the validity of any alleged fault and does not admit liability for any alleged fault and no such admission should be inferred.

10. LIABILITY

1. Inprint Print Services Ltd. shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit.
2. Where work is defective for any reason including negligence Inprint Print Services’s liability (if any) shall be limited to rectifying such defect.

11. OWNERSHIP

Inprint Print Services Ltd. retains the ownership and copyright for all designs, concepts and final artworks unless this has been specifically transferred to the client in writing.

12. STANDING MATTER

Electronic data, corresponding artwork and any other materials used by Inprint Print Services Ltd. during the production of the Goods shall remain the exclusive property of Inprint Print Services. We shall hold this information for 7 years.

13. CUSTOMER’S PROPERTY

1. Customer’s property and all other property supplied to Inprint Print Services Ltd. by or on behalf of the Client will be held, worked on, and carried at the Client’s risk.
2. Inprint Print Services Ltd. accepts no responsibility for artwork supplied to Inprint Print Services Ltd.

14. GENERAL LIEN

Without prejudice to other remedies, Inprint Print Services Ltd. shall in respect of all unpaid debts due from the Client have a general lien on all goods and property in his/her possession (whether worked on or not) and shall be entitled on the expiration of fourteen days notice to dispose of such goods or property as he/she thinks fit and to apply any proceeds towards such debts.

15. ILLEGAL MATTER

1. Inprint Print Services Ltd. shall not be required to produce any matter which in their opinion is or may be of an illegal or libellous nature.
2. Inprint Print Services Ltd. shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any illegal or libellous matter produced for the Client or any infringement of copyright, patent or design.

16. FORCE MAJEURE

Every effort will be made to carry out the contract but its due performance is subject to cancellation by Inprint Print Services Ltd. or to such variation as he may find necessary as a result of inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond Inprint Print Services’s control.

17. TERMINATION

Inprint Print Services Ltd. shall have the right at any time by giving notice in writing to the Client to terminate the contract forthwith upon the happening of one or more of the following events:

1. If the Client shall fail to make any payment within three days of the due date or to remedy any other breach forthwith upon being so required in writing.
2. If the Client shall enter into liquidation, whether compulsory or voluntary (other than for the purposes of amalgamation) or reconstructional or compounds with or enters into a scheme of arrangement for the benefit of its creditors or has a receiver appointed of all or any party of its assets or takes or suffers any similar action in consequence of debt.

18      SUB CONTRACTORS

Inprint Print Services Ltd. may sub contract any or all of its obligations, but shall remain liable to the Client therefore.

19. RECOMMENDATIONS

Inprint Print Services Ltd. may from time to time recommend to Clients the services of agencies, companies or freelancers but in so doing accepts no liability for the work performed by them nor does it give any other warranty as to the service given unless it is expressly retained to provide executive supervision of contracted out work nor in any event does Inprint Print Services Ltd. make any warranty as to their financial status.

20. LAW

These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.