Contents:
1. Definitions
2. General
3. Price
4. Settlement Terms and Ownership
5. Delivery
6. Specification
7. Warrenty and Limitations of Liability
8. Buyers Warranties
9. Claims
10. Force Majeure
11. Default
12. Assignability
13. Interpretation
14. Notices
15. Printing
- DEFINITIONS
1.1 ‘Company’ shall mean Premium Prints. Primium Prints is a trading name of NPK Napkins ltd.
1.2 ‘Buyer’ shall mean any person ordering goods or services from the company.
1.3 ‘The Goods’ shall mean the goods or services which shall be supplied by the company to the buyer.
- GENERAL
2.1 A quotation by the company does not constitute an offer and the company reserves the right to withdraw or revise a quotation at any time prior to the company’s acceptance of the buyers order.
2.2 Any terms or conditions of the buyers order which are inconsistent of these conditions or which are not expressly contained herein shall not be binding on the company and shall not be considered applicable.
2.3 No waiver alteration or modification of any of these conditions shall be binding on the company unless given in writing and signed by a partner of the company.
2.4 Contact should be made with the company using the website contact us page. If you encounter technical difficulties then you may phone 01525 877 666 to seek assistance.
- PRICE
3.1 The company may increase the price of the undelivered balance of the goods at any time and, where the price is greater then the price current at the date of order, notification will be sent to the buyer before the goods are dispatched and the buyer may within seven days of receipt of such notice cancel the order in writing so far as the undelivered balance of the goods is concerned.
3.2 The price of the goods on quotation does not include carriage/handling charges unless specifically outlined in said quotation.
3.3 The price of all goods is exclusive of and will be subject (where appropriate) to Value Added Tax and any other duties or taxes which are or will be from time to time payable.
- SETTLEMENT TERMS AND OWNERSHIP
4.1 The company may give credit facilities if the buyer produces one bank and two trade references which are satisfactory to the company.
4.2 If the buyer has been given credit facilities b the company then payment in full shall be made no later than thirty days after the date the invoice was raised.
4.3 Any extension of credit allowed to the buyer may be withdrawn at any time without notice.
4.4 If a buyer had not been given credit facilities by the company the order must be accompanied by cash or cheque equivalent to the price of the goods.
4.5 Time for payment shall be of the essence. Without prejudice to any other right the company may have, genuine debts as to the buyers financial position and/or failure to pay any invoice in accordance with the foregoing terms or other terms specified in the contract shall entitle the company to cancel further deliveries and work both on the same order or any order from the buyer and to treat the contract as at an end. The company also reserves the right to charge interest on overdue accounts at the rate of 7% per annum above the HSBC Base Rate from time to time to run from the due date of payment until receipt by the company of the full amount whether before or after judgement.
4.6 An order once placed cannot be cancelled differed or altered except by mutual agreement or under clause 3.1 hereof and then only on terms which would fully indemnify the company.
4.7 Ownership of the goods shall remain vested in the company until payment in full has been received by the company for those goods, for any other goods supplied by the company and of any other monies due from the buyer to the company on any account, and until such time the buyer shall hold the goods or the proceeds of sale as bailee in a fiduciary capacity for the company.
4.8 For as long as the property in the goods remains in the company:-
4.8.1 The goods shall be kept separate from other goods on the premises of the buyer so as to be identified as the goods of the company.
4.8.2 Subject to sub-clause 4.8.3 below the buyer shall be at liberty to resell the goods or any part thereof in the ordinary course of business on condition that such part of the proceeds of sale shall equal the price of the goods shall belong to the company.
4.8.3 The buyer’s liberty to resell shall be automatically determined on the occurrence of any of the events referred to in clause 11 whereupon all amounts owed by the buyer to the company shall become payable immediately and the company shall be entitled to enter any premises of the buyer to remove any goods which are the property pf the company.
4.9 Notwithstanding clause 4.7 the buyer is responsible for insuring the goods against all risks of loss damage or destruction and such risks shall be borne buy the buyer from the time of delivery.
4.10 Each clause and sub-clause of this clause (4) is separate, severable and distinct and, accordingly, and in the event of any of them being for any reason unenforceable according to its terms, the other shall remain in full force and effect.
- DELIVERY
5.1 Delivery dates are approximate but the company shall within reason endeavour to meet those dates. The company shall not be liable for any loss or damage, direct or indirect, occasioned by delayed delivery and the buyer shall not be entitled to reject the goods or cancel other orders for goods because of delayed delivery.
5.2 Quantities dispatched may vary by up to 5% of that ordered but will be considered as due execution of the order.
5.3 The company shall not be held responsible for deliveries made to third party addresses such as exhibition centres, Hotels and festivals where an increased risk is perceived by the company for a failed delivery.
- SPECIFICATION
6.1 The goods will generally accord with there description in the companies catalogue current at the time of order but the company reserves the right in its sole discretion to vary such descriptions or specifications or to cease to manufacture the goods and any such variation or the substitution of reasonably equivalent goods shall not give rise to any claim against the company.
6.2 All measurements quoted are nominal and unless otherwise agreed shall not be reason for termination by the buyer.
6.3 The buyer shall be solely for any matter which the company shall on the buyers instructions print on goods or for any design or construction which he supplies and shall obtain any licences, permission and/or consent for their use.
6.4 All sketches or other work produced by the company at the buyers request shall be separately charged and invoiced.
6.5 The company cannot be held responsible for errors in drawings or samples after they have been approved by the buyer.
- WARRENTY AND LIMITATIONS OF LIABILITY
7.1 The company warranty that the goods will be free from material or other defects in workmanship and will conform to the companies specifications.
7.2 The buyer shall:-
7.2.1 inspect the goods immediately upon delivery.
7.2.2 within three days of delivery of the goods give notice in writing to the company of any defects or non-conformity.
7.2.3 if there shall be any defect or non-conformity immediately return the goods at its expense to the company: and if the company determines the goods are defective or non-conforming the goods will be replaced. The Customer must make the goods available for collection when requested. After 3 failed collection attempts, any investigation into the complaint shall be voided and the goods shall be invoiced in full
7.3 The warranty will not apply to goods which have been repaired or altered by anyone other than the company or subjected to accident misuse or neglect.
7.4 Any claim not made in writing and received by the company within any specified time limit shall be deemed waived and the company shall have no liability.
7.5 The company’s liability in respect of any loss or damage shall not exceed the invoice value of the goods, in respect of which any claim is made.
7.6 No liability will be accepted by the company for consequential loss or damage.
7.7 All other warranties and conditions whether express or implied statutory or otherwise as to quality or fitness of the goods for any purpose are hereby excluded.
7.8 Where the customer requests the use of our express service, the company shall not be held liable for failure to deliver on time as a result of delays caused by incidents that are out of the companies control.
- BUYERS WARRANTIES
8.1 The buyer warrants to the company that all work or material supplied and any design specification or instruction given to the company shall not infringe the copyright or any enforceable rights of privacy or any right of any person, firm or corporation.
8.2 The buyer shall indemnify the company against all actions claims loss liability damages costs and expenses (including reasonable legal expenses and costs) suffered or incurred by it arising out of any breach by the buyer of the warranty given by the buyer in clause 8.1.
- CLAIMS
9.1 The company shall not be responsible for any non-delivery of the whole consignment or any part thereof unless the buyer notifies the company in writing within 14 days of the date of dispatch.
9.2 The company shall not be responsible for damage to goods in transit unless the buyer notifies the company and the carriers in writing within three days of the date of delivery.
- FORCE MAJEURE
10.1 Neither party shall be liable to the other if by reason of any act of god, outbreak or threat of war, riot, strike, lock out, trade dispute or labour disturbance, statutory enactment, regulation or orders, accident, power failure, breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen, materials or transport or other circumstances whatsoever outside the control of or which could not have been reasonably prevented by either of the parties the buyer is prevented from or delayed in taking delivery, or the company is prevented from, delayed or hindered in making delivery of the goods or any part thereof at the time stated for delivery. During any period when delivery of the goods or any part thereof cannot be made by the company for any such reason the buyer, after giving not less than fourteen days written notice of its intention to do so, shall be at liberty to purchase elsewhere at its own cost and risk, such quantities of goods similar to the goods as the company may be unable to deliver.
11. DEFAULT
The company reserves the right (without prejudice to its other rights and remedies) either to terminate any contract with the buyer, or to suspend any further deliveries under any contract or require payment in advance in any of the following events:-
11.1 The buyer fails to make any payment to the company when the same becomes due; or
11.2 if the buyer, being a company, goes or threatens to go into liquidation or has or may have a receiver appointed or, in the opinion of the company, is unable to pay its debts within the meaning of S.518 of the Companies Act 1985; or
11.3 the buyer, not being a company, has a Receiving Order made against him or enters into any arrangement or composition with creditors; or
11.4 the buyer is in material breach of any of the terms and conditions hereof.
- ASSIGNABILITY
12.1 All contracts of which these conditions form part are personal to the buyer who shall not assign or charge the benefit thereof without the written consent of the company.
- INTERPRETATION
13.1 These terms and conditions shall be interpreted in accordance with English Law and any unresolved dispute shall be submitted under the English Courts.
- NOTICES
14.1 All notices to be served on the company by the buyer shall be sent to the companies head office at [email protected] marked for the attention of a Partner.
14.2 All notices to be served by the company to the buyer shall be sent to the buyers last known trading address.
- PRINTING
15.1 When multiple colours are being printed within close proximity to one another, the Company will add what they feel is sufficient bleed to the Customers artwork in order to prevent unsightly gapping. These amendments made to the artwork will not be included during the proofing process.
15.2 When the Customer requests a hot foil print, it is understood that foils bleed and any small details may fill in. The Company will endeavor to reduce the bleed as far as possible however due to the nature of the process it cannot be eliminated.
15.3 Product colours can vary when compared against the Companies colour chart, the product colours can also vary in between batches.
15.4 Product colours can vary across our product range, eg: a Black coaster may differ in colour from a Black napkin.
15.5 Movement can occur when printing on products. The Company will endeavour to reduce the movement as far as possible however due to the nature of the process it cannot be eliminated. Acceptable movement can be up to 5mm in any direction. When printing spot colours or using hot foil, this movement is per colour.
15.6 Products vary in shape and size and this is out of the Companies control. When calculating print positions, measurements are taken from certain constants in relation to the print machinery. Eg: The folded edges on the napkins.