Terms & Conditions of Sale

1 'Print 365'is the trading name of Print 365. Goods means the articles or things described in the contract between Print 365 and the purchaser.


2. These conditions shall be deemed to be incorporated in all contracts of Print 365 to sell goods and in the case of any inconsistency with any order or form of contract sent by the purchaser to Print 365 whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of Print 365.

3. Notwithstanding that Print 365 may have given a detailed quotation no order shall be binding on Print 365 unless and until it has been accepted in writing by Print 365.

4. Any times or dates given for completion or delivery of goods shall be binding on Print 365, insofar as Print 365 undertake to carry out additional work for the purchaser to the value of the print element of any goods not supplied on time. Such liability shall not extend to delays beyond the control of Print 365 including, without prejudice to the generality of the foregoing defects in files or omissions of information delays in approval of proofs and non-performance of carriers.

5. Proofs of all work may be submitted for customer’s approval and Print 365 shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Print 365's discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.

6. Copyright

a. Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by print 365 shall vest in and belong to print 365. Print 365 may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“Materials”) prior to instructing Print 365 to reproduce the same. The customer shall indemnify and hold Print 365 and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by Print 365 infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.

b. All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any Website owned, controlled or operated by Print 365 are the intellectual property of Print 365 or its content providers and as between Print 365 and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to Print 365. No reproduction of any part is allowed without written permission.

7. Company Imprint

Unless otherwise specifically requested in writing any work may carry the Print 365 imprint which will be positioned at our discretion.

By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.

8. Payment of goods

a. All goods shall be paid for at the time of order.

b. No goods shall be dispatched or collection allowed until paid for in full.

c. All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.

9. Quality & Liability

a. Any shortcomings or defects in goods supplied must be notified to Print 365 within 7 days of delivery of the goods, failing which the Buyer will be deemed to have accepted the Work. Such goods must be returned to Print 365 for inspection at buyers expense.

b. Nothing herein shall impose any liability upon Print 365 in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods.

c. Nothing herein shall have the effect of excluding or restricting the liability of Print 365:

i. death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or;

ii. Under sections 12,13,14 and 15 of the Sales of Goods Act 1979 to a purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977).

d. Print 365 shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.

e. The liability of Print 365 to the purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.

f. If the purchaser shall be in breach of any of their obligations under the contract Print 365 may (without prejudice to Print 365's rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.

g. No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Print 365 shall be construed to enlarge, vary or override in any way these conditions.

h. Any concessions made or latitude allowed by Print 365 to the purchaser shall not affect the strict rights of Print 365 under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue in full force and effect.

i. The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the purchaser and Print 365 agree to submit to nonexclusive jurisdiction of the English courts.

9. Delivery Information

All prices INCLUDE delivery to one UK mainland address. We use reputable carriers to deliver all our goods on a next working day basis. If you require special delivery instructions, or need to ship to anywhere outside the UK, please contact us to make the appropriate arrangements. Our carriers aim to deliver on time, however, we cannot be held responsible for failed deliveries or any losses incurred, after goods have left our premises for delivery by a third party.

Cancellation Policy

Please note that a 5% charge of the total value of the original order will be made on all cancelled orders plus a £10.00 charge to cover administration costs.

Any costs incurred for work already carried out up to the date of written cancellation will also be charged for and deducted before any refunds are made.



© July 2011

 

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