Terms and Conditions
1.1 These conditions shall apply to all goods and services supplied by Spectrum Print & Creative Services Limited (“the Company”), to the exclusion of any terms and conditions stipulated by the Customer in any other agreement.
1.2 These conditions, the quotation and the invoice constitute the entire agreement between the Company and the Customer for the supply of services. The Business employees or agents of the Company are not authorised to make any representations concerning the services unless confirmed by the Company in writing. The Customer acknowledges that it does not rely upon and waives any claim for breach of any representations which are not so confirmed.
1.3 These conditions may not be varied other than in writing by a Director of the Company.
2. CHARGES, ESTIMATES and VAT
2.1 The Company shall charge such costs charges and expenses as shall be agreed in writing with the Customer for the supply of any goods and services.
2.2 Any estimates given are based on the Company’s current costs of production and, unless expressly otherwise agreed in writing are subject to amendment on or at any time after acceptance by the Customer to cover any rise or fall in such costs.
2.3 The Company reserves the right to make additional charges in respect of all costs charges and expenses incurred by the Company beyond normal allowances including but not limited to those caused by or arising out of:
- copy supplied not being clear and legible’
- author’s corrections or work not specified in the estimate
- overtime working by the Company’s staff or subcontracts
- additional use of fax, telex, courier and similar facilities; and
- additional or expedited deliveries, packing or mailing
2.4 Unless otherwise stated all costs, charges and expenses are exclusive of Value Added Tax.
3. PRELIMINARY WORK
All preliminary work carried out at the Customer’s request, whether experimentally or otherwise, shall be charged to the Customer.
4. TERMS OF PAYMENT
4.1 All invoices raised by the Company shall be paid in full within fourteen days of the date of invoice unless otherwise agreed in writing.
4.2 The Company reserves the right to impose a surcharge on all outstanding balances at the rate of 8% per month or £10.00 per month, whichever is the greater. The surcharge shall be payable in respect of a period of less than one month as if such period were in fact one month.
4.3 All sums will be paid to the Company immediately when due without deduction and payment shall not be withheld or deferred on account of any claim, counterclaim or set-off.
Should the Customer change, reject, cancel or stop any or all of the provisions contained in the quotation then the Company shall be entitled to charge for all or any work already carried out in accordance with the terms of the quotation or any further instructions from the Customer including labour, materials used or specifically ordered on the Customer’s behalf and any other additional costs including storage.
6.1 Proofs of all work may be submitted for the Customer’s approval and the Company shall not be liable for errors not corrected by the Customer in such proofs. The Customer’s alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the Company’s judgement, changes therefrom made by the Customer shall be charged as additional charges. No responsibility will be accepted for any errors in proofs approved by the Customer.
6.2 Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.
7. ILLEGAL MATTER
7.1 The Company shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
7.2 The Company shall indemnified the Customer and keep it indemnified against all or any costs, claims, damages, demands and expenses (including legal costs) which may be incurred by or made against the Company by any third party by reason of the supply of the Company’s goods or services in accordance with the Customer’s instructions.
8. VARIATIONS IN QUANTITY
The Company will endeavour to deliver the correct quantity ordered, but estimates are conditional on margins of 5% for work in one colour only and 10% for other work being allowed for overs or shortages (4% and 8% respectively for quantities exceeding 50,000) which shall be charged or deducted as appropriate.
9. OWNERSHIP AND RISK
9.1 The risk in all goods and services delivered in connection with the work shall pass to the Customer on delivery.
9.2 Goods or services supplied by the Company remain the Company’s property until the Customer has paid for them and discharged all other debts owing to the Company.
9.3 If the Customer becomes insolvent and the goods or services have not been paid for in full, the Company may take the goods and or services back and, if necessary, enter the Customer’s premises to do so or to inspect the goods.
9.4 Customers’ property and all property supplied to the Company by or on behalf of the Customer shall, while it is in possession of the Company or in transit to or from the Customer, be deemed to be at Customer’s risk unless otherwise agreed in writing and the Customer should ensure accordingly.
9.5 Until ownership of the goods has passed to the Customer the Company may at any time require the Customer to return the goods to the Company. In default thereof the Company shall have an irrevocable Licence to enter the Customer’s premises to recover the goods and sever the goods from anything to which they are attached without being responsible for any damage caused. Such return or recovery shall be without prejudice to the obligation of the Customer to purchase the goods.
10 MATERIAL SUPPLIED BY THE CUSTOMER
10.1 The Company may reject any paper, disks, plates or other materials supplied or specified by the Customer which appear to the Company unsuitable. Additional costs incurred if materials are found to be unsuitable during production may be charged to the Customer.
10.2 Where materials are so supplied or specified by the Customer, the Company will take every reasonable care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials supplied or specified.
10.3 Quantities of materials supplied must be adequate to cover normal spoilage.
11 NOTIFICATION OF CLAIMS
The Company shall not accept liability for any claim whatsoever unless within seven days of the supply or in the case of any defect not reasonably discoverable at the date of the supply within seven days after the date of discovery of the defect by the Customer the Customer gives the Company notice in writing of the matter or thing in respect of which claim is made. If notice is not given as aforesaid the Customer shall be deemed to have accepted the supply and shall pay for the same accordingly.
Without prejudice to other remedies, if the Customer become insolvent (that is if it is unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it) the Company shall have the right not to proceed further with any work for the Customer and shall be entitled to charge for work already carried out (whether completed or not) and material purchased for the customer, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.
13 FORCE MAJEURE
The Company shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and the Company shall not be liable for any damage or expense suffered by the Customer or any third party arising directly from any of such matters.
14.1 These Conditions shall not be varied, waived or modified except in writing under the hand of a duly authorized officer of the Company.
14.2 These Conditions override any differing conditions which may appear on the Customer’s order form or other document.
14.3 The Company reserves the right to vary these Conditions from time to time subject to giving prior written notice to the Customer.
14.4 Any provision of these Conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of these Conditions.
14.5 The headings used herein are for convenience only and shall not affect the meaning or construction of these Conditions.
15 COPYRIGHTS AND TRADEMARKS
15.1 By supplying text, images and other data to the Company for inclusion in the Customer’s communication items, the Customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Customer, or rightful copyright or trademark owner.
15.2 Any artwork, images, or text supplied and/or designed by the Company on behalf of the Customer, except final design accepted by the Customer, will remain the exclusive copyright and IP of the Company and/or other third party creatives.
15.3 The Customer may request in writing from the Company the necessary permission to use materials (for which the Company holds the copyright) in forms other than for which it was originally supplied, and the Company may, at it’s discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text or other data to be used. Rights of use to the accepted FINAL version will only be passed on to the Customer following payment in full.
15.4 By supplying images, text or any other data to the Company, the Customer grants the Company permission to use this material freely in the pursuit of the design.
15.5 Should the Company or the Customer supply an image, text, audio clip or any other file for use in print item, exhibition, advertisement, multimedia presentation, website or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Customer will agree to allow the Company to remove and/or replace the file.
15.6 The Customer agrees to fully indemnify and hold the Company free from harm in any and all claims resulting from the Customer in not having obtained all the required copyright, and/or any other necessary permissions.
16 PROPER LAW AND JURISDICTION
These Conditions shall be governed and construed according to English Law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts.
17 GENERAL DATA PROTECTION REGULATION (GDPR)
The Company only uses the data we collect on behalf of our clients for the purposes of managing their requirements which is established in our Terms & Conditions.
To ensure the confidentiality of your data and compliance with the General Data Protection Regulation Act (GDPR) we will NEVER share your personal information with a third party for marketing or promotional use. From time to time it is necessary to provide data to third parties such as contractors for the purposes of carrying out our duties. We do however endeavour that the parties with whom we share this data are GDPR compliant and only use it for the purpose of carrying out the work requested.
We also take the responsibility to ensure that your data is stored securely and that access to our computer systems are properly controlled.