Terms & Conditions
These terms are written in easy to understand, plain English and should not be construed in any way as to try and give a word, phrase or different meaning to the ordinary everyday meaning. They are an exclusive and complete statement of agreement between The Print Room (Chester) Ltd and the customer of The Print Room (Chester) Ltd to supply work from time to time to the customer. It supersedes all prior agreements or under standings, whether written or oral and all other communications. Whether business is conducted between us both the following will apply; no conferring on any third party the right to enforce any of our terms on this agreement in accordance with the the contracts(Rights of third parties) Act 1999. The Print Room (Chester) Ltd provide print and graphic design services along with other products and services to its customers in an open market. As such the relationship between The Print Room 1st4print.com Ltd and the customer is professional in nature. The Customer will therefore be deemed to be familiar with respects of the print industry, technical aspects and its systems, procedures and processes. The Customer will have an obligation to ensure that it and its agents are adequately knowledgeable and cannot rely in experience or doubt as defence in any disputes or questions that may arise. Amendments (or other defacement) to the terms will not be valid and will be disregarded entirely.
These following phrases and words have definitive meanings in relation to the these terms "The Print Room (Chester) Ltd," "We," "us" or "our" refers to The Print Room (Chester) Ltd and includes any person or company acting on behalf of authorised representatives or lawful agents of The Print Room (Chester) Ltd. "Customer", "you" and "your" refers to the person/s or company from where orders and goods received and with whom The Print Room (Chester) Ltd enter into a lawfully binding contract. publications that are usually issued on a regular basis,such as a monthly or quarterly magazine are usually named "periodicals". "suitable for the purpose intended" includes securing that computer files are of the correct format and type for its intended usage. Example: colour bitmap images must be supplied as "CMYK tiffs", "rgb tiff" or "jpeg" files are not suitable for the purpose intended.
Upon confirming (in writing) to work on a periodical publication: neither party shall give notice to terminate the contract during its fixed period. We shall produce the periodical for the agreed fixed period (or agreed minimum) after the fixed period (or agreed minimum) either party will be free to terminate the contract, only when providing written notice. Notice required to terminate contract is as follows: One month's notice for monthly periodicals that are publish either monthly or more frequently and three months(or one issue) in all other cases. Where there are outstanding sums due by you to the Company which remain unpaid and overdue or if you exceeded your given credit limit: We may cease or suspend any contract for the printing of the periodical by providing you with written notice until such time as all sums outstanding are paid in full. Printing of the periodical shall not be permitted without our written consent. Compensation for all losses, costs and any loss of revenue that arise as a result of your contract being suspended or terminated by us, will be reimbursed by you.
4. Possible Variations to these terms
Variations to this agreement may only be made in writing by ourselves and do not apply to orders in process. Any alternatives or variations that you propose in any form shall not be valid.
5. Estimates, prices and orders an estimate of the price to be charged will be provided by ourselves. This charge will be for a particular order if you have requested one order before another has been placed. Estimates provided are based on current cost of production. We will do our utmost to secure an estimate is valid for 28 days, although on occasion we may have to amend your estimate if necessary. Requesting an estimate before placing an order is solely your responsibility along with confirming any prices before placing the order, this removes any doubts you may have over price accuracy before confirming order. In the case of a price not been agreed on before the order is placed, charges will be structured to our normal pricing policy and you shall not therefore dispute the price charged. Any estimates we provide are not offers to enter into legally binding contracts, but simple indications of the price we would charge to undertake your given order. It is solely your responsibility to make sure that any description or specification of an order is correct and fully meets your requirements. We cannot be held responsible for checking your order and that it is suitable for its purpose.
6. Introductory Work
You can request we carry out preliminary work before agreeing to place your order. All work carried out whether experimentally or otherwise, will be subject to charge at our normal rates. A charge will be made whether or not a prior estimate of the price of such work was given to you.
7. All artwork and proofs
You are solely responsible for: conveying your requirements to us in a clear, concise and satisfactory way: Ensuring your artwork originated by us is suitable for your needs and purposes: Properly and throughly checking any proofs for errors or omissions, making any amendments on a proof: Giving your absolute approval of your proof in a form approved by us and giving your authority to proceed with any print work. In the event that you waive the right to receive a proof (in writing), we shall incur no liability whatsoever for any errors nor corrected prior to printing. Once we have submitted a proof, additional charges may be made if: You ask for additional proofs. You make any alternations or changes to the original design, concept or content and it requires additional proofs. You make any alterations or changes to the original design, concept or content and it requires additional work by us. You decide to make changes to the layout or type after previously leaving it to our judgement and discretion.
8. Cancellation of your orders/s
Orders that are cancelled once we have begun work on them are charged at the full order value or an agreed lower amount as we (in our sole discretion) determine.
9. VAT and other taxes
All estimates provided and orders accepted will be excluding Value Added Tax (VAT) or other taxes, duties or royalties etc. If any duty, royalty or other such tax becomes payable on the sale price, we reserve the right to charge that amount.
10. Computer Files, viruses and camera ready copies
You must ensure that: Computer files supplied to us for use in artwork or/ and production of your order must be suitable for the purpose for which they are intended and you must thoroughly check those files for there suitability. Any artwork supplied to us in camera ready form must be clear, legible and suitable for its intended purpose. It must be in accordance with any specification that we have published or notified to you. You must ensure that any files or discs are supplied free from viruses and you shall 'virus check' all files before forwarding on to us. This applies whether the files are supplied on disc, direct data transfer or via internet. Charges may be made for additional work, which we deem necessary. These charges may be made for additional work, which we deem necessary. These charges apply where copy, artwork or files are not suitable for the purpose intended whether supplied to us directly by you or by third-party on your behalf. You will indemnify us against: Any claims, cost or/and expenses that arise from an infection caused by a virus, including any amounts paid on a lawyer or solicitor's advise in settlement of any claim (including with a third party to whom a virus may have been spread). The cost of any damage, loss of and restoration of any data or computer systems caused through a virus, together with any cost incurred by having such virus(es) removed.
11. Working materials, customer's property and copyright
We Shall: Exclusively own all working materials such as files, discs, papers, bromides, plates etc used to create or maintain work, which we have undertaken for you: Be able to use a copy or fax of your work in any promotional material that is produced by us to actively further our business. Unless expressly requested by you, we may include copies of work in promotional packs distributed to third parties, but shall not re-sell your work. Own the copyright in any artwork that was produced by us including the way we presented it or designed the content material (this includes artwork produced by yourselves where we have made minor amendments/alterations). We shall not: Be obliged to maintain copies of artwork or work, which was undertaken by ourselves for you in either a hard copy or computerised format. Be obliged to at any time give our working files, discs, papers, bromides, plates etc or copy them to you. Own copyright in the content of any material not created by us. Own copyright in any proprietary text, logos photographs or illustrations that you may have supplied to us or by any third party holder. You shall: Be responsible for obtaining necessary authority to reproduce pictures, artwork, photographs etc, and you will indemnify both our agents and ourselves from liability that may arise from any claim. Not use a design, work or past issues, which we undertook for you to create new or subsequent issues without written permission. All properties supplied to us by yourselves, whilst in our permission or in transit will be deemed at your risk. This includes any property which you have loaned to us that belongs to a third party. We will take every care although neither or our agents or ourselves will accept any responsibility or liability for damage or loss to photographs, transparencies, artwork etc.
12. Payment terms, late payment interest
You must: Make payment in full by the date they become due, Make stage payments on any order that takes longer than 28 days to complete, Not exceed any credit limit that we may apply to your account from time to time, Pay interest on amounts that are unpaid and have passed their due date at a simple interest rate of 24% per annum and calculated on a daily basis from the date of delivery of the goods or the date on which the goods were made available for collection. At our discretion, we may insist that you: Make a payment so as to ensure you do not exceed any credit limit which may have been set in place (which will include orders placed but not yet invoiced), Pay either a deposit or the full amount when an order/s is placed or the full amount before goods are to be delivered or available for collection. You may: Add a financial charge to the total value of the invoice, which represents the amount of interest that would have accrued should that invoice have been settled after the date due. If we do so we shall offer a cash discount of equal amount to the charge if the invoice is paid by its due date. Notify you from time to time regarding any changes to dates due, although any changes will not apply to the amounts already outstanding. You shall indemnify us for any costs incurred in pursuing debt collection or legal costs taken out against you (this includes taking the advice of solicitors or barristers,also charges made by a debt recovery agency or time spent by employees and/or directors in pursuing and preparing that legal action) in the recovery of monies owed by you or from a third party who has given indemnity or guarantees against any monies owed by you. Also you agree that any legal proceedings shall be dealt with by an appropriate Court of Law, whose geographical location shall be chosen by ourselves and be within locality of our office or place of business.
13. Company Imprint
If you have supplied artwork digitally in its final form we shall not attach our imprint to any artwork. If we undertake artwork or origination work from you, we shall attach our imprint to it unless specifically requested otherwise. If any work is required by law to carry the imprint of the printer it shall be your responsibility to make sure any requirements or regulations are fully met. You shall indemnify us for any failure to notify us of the obligation.
14. Illegal or unlawful matters
We shall: Be indemnified by you with regard to any claims, expenses and cost that arise out of any libellous matters or any copyright, design patent or any other proprietary rights which is contained in any material printed or undertaken for you. The indemnity shall extend to any amounts paid on solicitor's or lawyer's advise in settlement of any claims. Not be required to print any matter, which we suspect could be libellous,illegal or an infringement of the proprietary or other rights of the third party, or which may be prejudicial or detrimental to the good of our business. This is whether or not this fact was known at the time of acceptance.
15. Materials supplied by customer
Materials supplied by yourselves (paper, plates etc) to be used in production of artwork and/or print work may: Be subject to additional costs if materials are found to be unsuitable during the production stage, Be rejected if materials supplied or specified appear to be unsuitable, We will: Take every care to ensure that the best results are achieved, but will not be held responsible for imperfect work caused by unsuitability or defects in materials that were supplied to us. However, the whole or any part of additional costs shall not be charged if it could have been avoided but for unreasonable delay by us in ascertaining the unsuitability of materials provided. The materials you supply to us must be in quantities that we shall agree with you, but must be adequate enough to cover normal or abnormal spoilage. Wherever possible any material that are not used will be returned to you. You shall pay any additional carriage charges, which have been incurred to return the materials to you.
We shall: Make every attempt to deliver the exact quantity ordered by you, although on occasion because of the processes involved we may sometimes be unable to supply the exact number of any item ordered: If we are unable to deliver the exact number ordered by you, supply no less than 95 per cent of the work in one ink colour only and 90 per cent for any other work: An amount will be deducted from an agreed price in respect of any shortage. This will be calculated in accordance with methods employed to acquire the original order value and takes into account any fixed and variable cost elements.
17. Delivery or collection of goods
If you require us to deliver goods we shall: Ensure your order is dispatched within a reasonable time once the work is completed : Do our utmost to reasonably ensure that our choice of carriage, how the goods are packed and prepared for carriage and the method of carriage are suitable such that your goods are not lost or damaged in normal transit. If you require us to deliver goods you shall: Ensure that the goods are insured adequately during transit. Upon request we will arrange such insurance with the carrier on your behalf, but by doing this we will be deemed to be acting as your agent. Be charged for delivery unless the price we agree upon for the total order includes delivery charges. You shall however, always be charged extra for expedited delivery. Accept delivery of goods when tendered. Indemnify us for any loss, which resulted from any failure by you to take delivery (this does not affect our right where your refusal or neglect to take delivery amounts to a repudiation of the contract). For the purpose of the Sale of Goods Act: Our premises shall be the place of delivery from which your finished goods are made ready for you to collect or have delivered: Delivery to you will be deemed to have been made (for the purpose of the Act) once we pass your goods to the carrier: In some cases, goods may become available for collection or delivery in instalments. You shall accept the goods in such instalments when tendered. If goods are not required to be delivered, you shall collect them from our premises once you have been notified of their readiness.
18. Liability emerging from delay
Goods that are dated or time-sensitive do not in themselves make time the essence of any contract and you have a responsibility to allow adequate "slack time" when placing an order, allowing for any delays. We shall not be liable for any loss arising from delay in the performance of an order or of the finished goods. Time will not be the essence of an order notwithstanding any action by us that signifies a delivery or collection time/date.
19. Quality of work
By complying with the Sale of Goods Act we must supply goods, which are of a 'satisfactory quality'. The Act defines this as being a "standard that a reasonable person would regard as satisfactory", taking account of the description of the goods, the price (if relevant) and all other relating circumstances.... the quality of goods includes their state condition and the....fitness for all the purposes for which goods of this kind in question are commonly supplied (and heir) appearance and finish....." you Shall: Be entitled to reject any work that is clearly sub-standard, defect and which does not comply with the requirements of the Sale of Goods Act as regards the description and quality or fitness of goods,although you may not reject goods in any instance where the goods are not of "satisfactory quality", when the failure is so slight that it is not reasonable to reject them. Ask for us to supply samples of similar work that has been produced by us and materials used so to help you assure yourself of the standard of our work. Make sure, before you enter into any contract with us, you have satisfied yourself that the work produced by us in general is of a standard, which is acceptable to you. You should not be entitled to: Reject finished goods in cases where you supplied artwork, copy or computer files, which were not "suitable for the purpose intended", and where we were not aware that those files were not suitable before processing the order. Reject any orders because in your opinion or in the opinion of someone acting on your behalf, the standard of work may not be similar to that of any other particular printer. By using the goods or work supplied either in full or part, you authorise your full acceptance of the goods. You may not at a later date, then reject the goods and any earlier rejection shall be withdrawn.
20. Claims and queries
All claims and queries: Relating to an invoice must be made within ten working days of the invoice date, and any queries relating to non-delivery must be made within five working days of the invoice date; Relating to goods supplied (including any shortages etc) must be made in writing, have proof of delivery of such letter and be submitted to us within three working days of the date of delivery or collection. Are not normally considered unless they are made within time limits, May only be made outside of the time limits in instances where it was not possible for you to comply with our requirements. This is only in such cases where you have advised us that a claim is to be made shortly. Being unable to check the goods supplied to you for reasons of manpower shortage or a shortage of suitably qualified or authorised staff within the company is not a valid reason not to comply with the time limits. If the right to reject goods is applicable: You must acquire our written consent, return the goods in full to us at your expense within five working days, By returning the goods without our approval you are in no way extinguishing or reducing your liability to us for full payment and for late payment interest. Unless the notification requirements above have been complied with, we shall not be liable in respect of any claim. Additionally, any claim or counter-claim made against us in a Court of Law, claims must be started by you within six months of the date on which we provided you with our services, on which you collected your goods or dispatched your goods.
21. Colour reproduction
We Will: Not guarantee exact colour match or texture between an original colour photograph, transparency, artwork or previously printed work. This is due to the processes involved, Make every effort to create the best possible colour reproduction, taking into account the production process, You must: Make us aware in writing if you wish to check the colour reproduction before we commence printing. This will be charged as an extra, Ensure that the colour photograph(s), transparency(ies), or artwork etc are submitted in a form suitable for the work in hand, as we cannot accept any liability for an unsatisfactory result caused by unsuitable or inferior photographic originals, When requiring a colour lithographic proof , request one in writing when placing the order.
22. Reservation of title
Title of goods supplied will only pass to you once goods have been paid for in full, including any interest accrued due to late payments. Until title to the goods passes you shall: Hold the goods separately so as they may be easily identified or retrieved, Hold the goods securely in good condition and adequately insured, Not make use of the goods either in part or full, or be used in the manufacture of any other product not specified by us in writing, If you subsequently sell the goods: We shall have a lien over the money(s) resulting from such a sale, You will be acting as our agent subject to the Terms and Conditions, You shall indemnify us from any costs or expenses that may arise from the sale, and we shall in no way whatsoever bear any liability from the sale.
23. Force majeure
We shall be under no liability if we are unable to carry out any provision of a contract for any reason beyond control, including (without limiting the foregoing): acts of God, failure or any other actions taken by employees in contemplation or furtherance of a dispute, or an inability to procure materials required for the performance of the contract. During the continuance of such a contingency, you may by written notice elect to terminate the contract but you shall pay for work done and materials used or specially purchased, but subject thereto shall otherwise accept delivery if and when available.
24. Insolvency of customer
Without prejudice to other solutions, we shall have right not to proceed further with any order and entitled to charge for any work already carried out, whether it be completed or not and for any materials purchased on your behalf if you: Cease to pay your debts in the ordinary course of business or cannot pay your debts as they become due; or Being a sole trader; partnership or unincorporated body, you perform an act of bankruptcy or have a bankruptcy petition issued against you or; Being a company, you are deemed to be unable to pay your debts, have an administration order or a winding-up petition issued against you ; This charge shall be a debt due to us immediately.
25. Applicable law
These Terms and Conditions and any orders placed shall be made in, governed by, and construed in accordance with the law of England Terms & Conditions