IMPORTANT – THESE CONDITIONS CONTAIN PROVISIONS WHICH DEFINE THE CONTRACTUAL OBLIGATIONS OF THE COMPANY AS TO PRICE AND PERFORMANCE AND WHICH LIMIT THE AUTHORITY OF EMPLOYEES OR AGENTS OF THE COMPANY TO MAKE STATEMENTS AND REPRESENTATIVES, BY YOUR ACCEPTANCE OF OUR QUOTATION YOU ACCEPT THESE CONDITIONS AND SUCH DEFINE CONTRACTUAL OBLIGATIONS.
- DEFINITIONS, In these conditions “the company” means DIAMOND BRANDED trading name of Essential Marketer Ltd “Work” means work to be carried out or produced by the company, “Customer” means the person or firm who has requested company to carry out work. This contract shall be governed by and construed in accordance with the laws of England.
- GENERAL ( a) These conditions shall apply for all work for the customer and variation or abrogation of any kind whatsoever of the same shall be effective unless it is evidenced in writing or signed on behalf of the company and such evidence contains specific reference to these conditions being varied or abrogated.
(b) The giving by the customer of any delivery instructions for work or any part thereof or the acceptance by the Customer of delivery of work or any part thereof or any conduct by the Customer in confirmation work set out on the face hereof shall constitute unqualified acceptance by the Customer of these Conditions and any order placed by the customer for work shall, notwithstanding that it may be expressed to be subjected to terms and conditions.
(c) The placing of an order for work following quotation given by the Company shall not be binding on the company unless and until accepted by the company in writing.
- PRICE (a) Unless otherwise stated the price for the work in respect of contracts for delivery within the UK Includes the cost of packaging and will only be payable in £ Sterling. All prices quoted are subject to site of artwork.
(B) Should the date of delivery be advanced at the Customers request any additional carriage costs will be charged as extra as part of the price.
(c) The price quoted shall be adjustable and in the event of any increase howsoever arising in the cost to the Company of producing and supplying the work the price quoted shall be adjusted to compensate the Company of such increased costs.
(d) Any storage charges or additional artwork charges incurred by the Company in relation to the work shall be added to, and form part of, the price and be payable by the Customer.
(e) Unless otherwise stated all prices quoted are exclusive of carriage and value added tax.
- DELIVERY, (a) Any length of time indicated by the Company for the delivery of work shall be calculated from the date which the Company receives instructions and all necessary information to enable it to proceed with the work.
- ARTWORK PROOFS The client is has full responsibility for ensuring that all print and product measurements, supplied logos and Pantone references are true and accurate before approving proofs for print.
- PAYMENT, (a)All first orders will be requested to be paid on a Pro-forma basis, Customers are then welcome to apply for a credit account, which will be assessed by our accounting methods for credit suitability. (b)For Credit accounts, payment by the Customer of the price shall become due upon delivery of the work or upon notification that the work has been completed whichever is the earlier and shall be made within 30 days if Customer has agreed account terms. Invoices not paid by the due date may be charged interest at 2% per month calculated on a daily basis until payment has been received by the company.
- ORDER CANCELLATION The Company reserves the right to apply cancellation administrative charges to be paid by the customer after the contract has been entered and the order has been processed within the system.
- TRANSFER OF PROPERTY, (a) The property in the work shall remain in the company until full payment has been made, or title is properly vested in some other person by the operation of any statute property passes, the Customer ( acting on its own account and as agent of the Company) may agree any work in its possession in the ordinary course of trading notwithstanding that the property in the work has not been passed, and providing the Company has not required its return.
- ILLEGAL MATTER (a) The Company shall not be required to print any matter which in its opinion is or may be of any illegal or defamatory nature or which may give rise to any liability on its part.
- OVERS AND UNDERS The company reserve the right to ship and invoice 5% over or under the quantity ordered, due to manufacturing tolerances.
- GOODS INSPECTION All goods received by Customer, or Customers client must be inspected within 3 working days of delivery and any shortages or quality issues reported in writing within 24hrs.
- No discounts or compensation will be given once the products have been distributed by the Customer.
- In the event that visual proofs for approval are submitted to the Customer, any errors which appear in the proofs and not advised for correction by the Customer to the Company and advised approved for print once printed are not the responsibility or liability of the Company to replace the goods delivered.
- FORCE MAJEURE where supplied printed products or goods are not delivered within the expected lead time or advised delivery date the company is not liable for compensation payments to the client for late deliveries with circumstances such as a natural disaster, civil unrest or a weather implication impacting courier services.
- QUANTITIES The changing of printed product quantities must be advised to the company ahead of administrating and processing the order.