Terms & Condtions

1. GENERAL
'the Supplier' is the trading name of A&S Printing Services (Trading as The Printing Source or Printing Source), hereinafter called the 'Supplier'
'Goods' means the articles or things described in the contract between the Supplier and the Purchaser.

(a) These Terms and Conditions shall be deemed to be incorporated in all contracts of the Supplier to sell goods and in the case of any inconsistency with any order or form of contract sent by the Purchaser to the Supplier whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by a representative of the Supplier.
(b) These Terms and Conditions in no way confer on any third party the right to enforce any of the terms of this agreement in accordance with the Contracts (Rights of Third Parties) Act 1999.

2. PRICES, ESTIMATES AND QUOTATIONS
(a) Quotations and estimates are valid for a period of 30 days and may be amended upon site of artwork or the provision of further details by the Purchaser that affect the cost or price of the Goods.

3. ORDERS
(a) The Supplier may decline to undertake producing the Goods because, without limiting foregoing, the Goods could/would be illegal or libellous in nature, infringe the proprietary or other rights of any third party, be prejudicial or detrimental to the interest of the Supplier.  In this event any payment made by the Purchaser for the Goods shall be refunded in full.
(b) If a price has not been agreed prior to the Goods being delivered, the Supplier shall charge the Purchaser in accordance with its normal pricing structure.
(c) All Orders are accepted on a basis that excludes VAT or any other taxes, duties or royalties.  If any tax, duty or royalty becomes payable on the sale price, the Supplier will charge that amount to the Purchaser who will not subsequently dispute it.
(d) It is the Purchaser's responsibility to confirm any price, estimate or quotation given by the Supplier before placing an order, resolvement of any subsequent dispute over the price of the Goods shall be at the Supplier's discretion.
(e) It is the Purchaser's responsibility to ensure that the specification or description of the Goods is correct and will meet the requirements of the Purchaser and also to clearly convey such requirements to the Supplier.
(f) If the Purchaser elects to cancel an order, the Purchaser will pay the full order value or a lower amount as determined by the Supplier which will cover the cost of materials purchased or ordered and labour carried out.
(g) Any form of preliminary or experimental work carried out by the Supplier on behalf of the Purchaser shall be chargeable at the Supplier's discretion, whether found satisfactory by the Purchaser or not.

4. PROOFS, ARTWORK, COLOUR PRINTING AND REPRODUCTION
(a) It is the Purchaser's responsibility to ensure that any materials supplied (including without limiting foregoing: artwork, computer files, photographs, paper) are suitable and adequate for producing the Goods, to thoroughly and completely check any proof supplied for errors or omissions and to supply replacement artwork where necessary.
(b) The Supplier will not be liable for any errors or omissions present on the Goods where those same errors or omissions are also present on the artwork supplied by the Purchaser or on any proof signed off by the Purchaser.
(c) The Supplier will make every reasonable effort to obtain the best possible colour reproduction on the Goods given the inherent limitations of the production process, however, the Supplier shall not be required to exactly match the colour or finish of the Goods to any proof, original colour, photograph, artwork, transparency, on-press proof (also called a 'wet proof') or previously printed item, nor shall the Supplier be required to ensure that every printed item that forms part of the Goods exactly matches one another (including without limiting foregoing: colour, texture, finish, appearance, thickness).
(d) The Supplier reserves the right to postpone printing the Goods until any proof supplied has been approved by the Purchaser, new artwork (where required) has been submitted or any other requirement the Supplier may have has been met by the Purchaser.

5. MATERIALS SUPPLIED BY THE PURCHASER
(a) The Supplier reserves the right to reject any paper, plates, artwork, films, items for scanning or other materials supplied or specified by the Purchaser which appear to the Supplier to be unsuitable.
(b) The Supplier shall not be required to maintain copies of artwork or work carried out on behalf of the Purchaser in either a computerised or hard copy format
(c) All materials and property supplied by the Purchaser shall, while they are in the possession of the Supplier or in transit to or from the Purchaser, be deemed to be at the Purchaser's own risk, including any property belonging to a third party.

6. COPYRIGHT, PATENTS, PROPRIETARY AND PERSONAL RIGHTS
(a) The Purchaser is solely responsible for obtaining permission to reproduce all materials provided for producing the Goods
(b) The Purchaser shall indemnify the Supplier against any claims, costs or expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material used in the production of the Goods.  The indemnity shall extend to any amount paid on legal advice in settlement of any claim.

7. PAYMENT, CREDIT AND INTEREST
(a) Unless the Supplier has granted the Purchaser a credit account, all orders for Goods shall be paid for in full prior to production commencing.
(b) Notwithstanding that a credit account may have been granted to the Purchaser, the Supplier may at its discretion insist that the Purchaser pay in full or part for the Goods prior to production commencing or at some time prior to the Goods being completed.
(c) The Purchaser will pay all amounts owed to the Supplier by the date they become due, failure to do so may result in any discounts being cancelled and the Purchaser's account being placed on stop.
(d) The Supplier reserves the right to charge interest on any amounts remaining unpaid after their due date at a rate of 8% above the Bank of England base rate prevailing at the time, such interest to be calculated on a daily basis from the date on which payment became overdue.
(e) The Purchaser shall pay any costs involved in pursuing any legal or debt collection action taken by the Supplier against the Purchaser, including without limiting foregoing, taking the advice of a solictor or barrister, charges made by a debt recovery agency, time spent and costs incurred by the Supplier in preparing or pursuing the action.
(f) The Supplier may at its discretion cancel any discount applied to the Goods where payment of any amount owed is not received by the date it becomes due.
(g) Should work be stopped or suspended at the request of or delayed through any default of the Purchaser for a period of 14 working days or more, the Supplier shall have the right to cancel the order for the Goods and charge the Purchaser for materials used, work carried out, materials ordered or purchased and any other additional costs that have arisen and to use any amount paid by the Purchaser to the Supplier to offset these costs.

8. DELIVERY
(a) While the Supplier will do everything reasonably possible to ensure that the Goods are delivered on time, Time shall not be of the essence of the contract notwithstanding anything by the Supplier that purports to guarantee a delivery or collection date.
(b) Delivery of the Goods shall be accepted by the Purchaser when tendered.


(c) Any carriage arranged by the Supplier shall be on behalf of the Purchaser and delivery will be deemed to have been made when the Supplier hands the Goods to its nominated carrier.
(d) If delivery of the Goods is not required, then the Purchaser shall collect the Goods within a reasonable time upon notification that the Goods have been completed and after a period of 14 working days the Supplier shall have the right to deliver the Goods to the Purchaser and add the delivery cost to the value of the Goods, such value becoming an immediately due debt.
(e) In some cases it may be necessary for the Supplier to make the Goods available for collection or despatch in instalments, in such circumstances the Purchaser shall accept the Goods in instalments when tendered.

9. MATERIALS USED IN THE PRODUCTION OF THE GOODS
All materials used by the Supplier to produce the Goods shall remain the property of the Supplier.

10. RIGHT TO REJECT OR CANCEL, CLAIMS AND QUERIES
(a) The Purchaser will be entitled to reject the Goods if they are clearly defective, sub-standard or do not comply with the requirements of the Sale of Goods Act as regards the description, quality or fitness of the Goods.
(b) The Purchaser shall not be entitled to reject the Goods (i) in any instance where the Goods are not, in the opinion of the Purchaser or the opinion of a third party, of a "satisfactory quality", where the failure is so slight that it is not reasonable to reject the Goods (ii) because in the Purchasers opinion or the opinion of a third party, the standard of the Goods may not be similar to that of any other similar goods (iii) where the Purchaser has supplied materials (including without limiting foregoing: artwork, computer files, photographs, paper, plates, ink) which were not "suitable for the purpose intended" and where the Supplier did not realise that those materials were not suitable before producing the Goods.
(c) Use of the Goods or any part of the Goods shall constitute the Purchasers full acceptance of the Goods and the Purchaser shall then have no right to reject the Goods at a later date and any earlier rejection shall be deemed to have been withdrawn.
(d) By their nature the Goods do not have a redeemable value and no refunds or credits for Goods correctly supplied will be entertained.
(e) Any claim or query regarding the Goods must be made to the Supplier before the close of business on the third working day following receipt of the Goods and confirmed in writing within 7 working days.  Claims or queries made outside this limit will not be entertained.  Inability to check the Goods supplied by reason of the lack of manpower or suitably qualified or authorised persons within the Purchasers' organisation is not a valid reason not to comply with these time limits.
(f) Any claim or query relating to invoices or non-delivery of the Goods must be made to the Supplier in writing within 14 working days of the invoice date.  Claims made outside this limit will not be entertained.

11. RETURNS
(a) If the Purchaser wishes to reject the Goods, the Purchaser must first send a minimum of 50 copies of the Goods showing the reason for the rejection to the Supplier.
(b) The Purchaser must obtain the written consent of the Supplier before returning the Goods.
(c) If the Supplier agrees that the Purchaser has a right to reject the Goods, the Purchaser must return the Goods to the Supplier in their entirety within 7 working days of notification, unless otherwise agreed in writing by the Supplier.

12. INSOLVENCY
If the Purchaser ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him/her, the Supplier without prejudice or other remedies shall (i) have the right not to proceed further with the production of the Goods or any other work for the Purchaser and be entitled to charge for work already carried out (whether completed or not) and materials purchased, such charges to be an immediate debt due to the Supplier, and (ii) in respect of all unpaid debts due from the Purchaser have a general lien on all Goods and property in the possession of the Supplier (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such Goods or property in such manner and at such price as the Supplier sees fit and to apply the proceeds towards such debts.

13. FORCE MAJEURE
The Supplier shall be under no liability if it shall be unable to carry out any part of the contract for any reason beyond its control including (without limiting foregoing) Act of God, legislation, war, fire, flood, drought, failure of equipment, failure of power supply, lock out, strike or any other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the Goods.  During the continuance of such a contingency the Purchaser may by written notice to the Supplier elect to terminate the order for the Goods and pay for work done and materials used, but subject thereto shall otherwise accept delivery when made.

14. LIMITATION OF LIABILITY
(a) The liability of the Supplier shall at no time exceed the value of the Goods.
(b) The Supplier shall not be liable for any loss (whether consequential or actual) arising from delay in the performance of the contract or of any delay in delivery of the Goods.

15. COMPANY IMPRINT
(a) The Supplier shall not add its imprint on to the Goods in any form unless obliged to by law.

16. RESERVATION OF TITLE
(a) Title of the Goods shall pass to the Purchaser when the Goods have been paid for in full and after any interest, other charges or outstanding sums have also been paid in full.
(b) Until title in the Goods has passed, the Purchaser shall: (i) keep the Goods secure, in good condition and adequately insured; (ii) not use the Goods supplied to form part of, or be used in the manufacture of, any other product; (iii) act as the agent of the Supplier if the Purchaser sells the Goods; (iv) permit a general lien on the proceeds of the sale of the Goods; (v) indemnify the Supplier against any costs, expenses or liability arising from the sale of the goods

17. SEVERABILITY
If any of these terms or parts of any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of England and Wales, then to the extent and within the jurisdiction in which that term (or part thereof) is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

18. LAW
(a) These Conditions and all other express terms used in them shall be governed and construed in accordance with the laws of England and Wales.
(b) The Purchaser accepts that any legal proceedings shall be dealt with by an appropriate Court of Law whose geographical location shall be of the choosing of the Supplier or within the locality of the place of business of the Supplier.