Terms of business for TPS Visual Communications Ltd
All orders are accepted and goods supplied subject to the following express terms and
conditions. Any variations to the terms and conditions must be agreed in writing. Unless otherwise stated, these terms apply to the exclusion of all other terms and conditions.
Price Variation: Estimates are based on the company’s current costs of production and unless otherwise agreed, and a firm order placed with 30 days are subject to amendment to meet any
rise or fall in such costs. The Company reserves the right to alter the price or terms on an estimate if on receipt of order or instruction it is found to be different from the specification upon which the estimate was given. The company reserves the right to re-quote.
Orders: Orders placed by the customer and any amendments to such orders must be confirmed in writing. In the absence of written instructions, The Company will complete the work in accordance with its own understanding of the customers requirements without recourse. Orders in respect of which prices have been quoted must include the date and reference number of the quotation. In the absence of this information, the customer will be charged at the Companies discretion.
Prices: All prices are net and exclude VAT, packaging and delivery. Additional costs resulting from alterations by the customer to their original instructions will be charged on a labour and materials basis.
Colour Reproduction: Without specific instructions or a colour reference being supplied, reproduction of colour will be undertaken by the Company determined by eye. Every effort will be made to colour match references as accurately as possible, however, due to the nature of the manufacture of certain colour dyes and pigments, the Company cannot guarantee to match colours exactly. This especially applies when the same image is reproduced across different manufacturing processes. We recommend checking proofs against originals under a colour corrected standard light source.
Copyright: Any material supplied by the customer is accepted by the company on the specific understanding that any copyright release or licence to copy and reproduce has been received by the Customer. The Customer indemnifies the Company for any resulting violation of copyright brought by a third party.
Late Delivery: The Company will use its reasonable endeavours to ensure that orders are completed on time but will not accept any liability for loss or damage in the event of failure to do so. Should delay be experienced in the completion of an order, the Customer does not have the right to cancel the order either entirely or in part.
Despatch: Goods are sent entirely at the risk of the Customer. The Customer will be fully liable for any carriage or delivery charges and for any damage or loss of goods.
Standing Material: All moulds, tools, jigs, films, plates, magnetic, optical material, drawings and artwork together with the copyright therein will remain the property of the Company unless supplied by the Customer. The Company may dispose of, or recycle such materials after work has been completed unless a specific request has been made beforehand in writing for its return.
Storage of Goods: The Company reserves the right to make a reasonable charge for goods or materials asked to be held in stock on Customers behalf.
Proofs: When proofs are supplied by the Company, no liability will be accepted for any errors not corrected by the Customer after sight of such proofs. Customer alterations to proofs and additional proofs necessitated thereby shall be chargeable. Where style, type or layout is left to the discretion of the Company, changes then made by the Customer shall be charged extra. In any case where the customer waives the right to examine proofs, the Company will not accept any responsibility for errors which may occur.
Artwork: A charge may be made to cover any additional work involved where artwork supplied is not of the required standard for reproduction purposes. Drawings, artwork and standing material supplied by the Company will be charged for in full.
Materials Supplied By Customer: The Company may reject any materials, artwork or media supplied or specified by the customer which appear to be unsuitable. Any additional cost incurred if materials are found to be unsuitable during production may be charged. Where materials are so supplied, every effort will be made by the Company to secure the best results but responsibility will not be accepted for imperfect work caused by defects in or in unsuitability of materials so supplied or specified. Quantities of materials supplied should include 10-15% extra to cover normal spoilage.
Insolvency: The Company reserves the right to withhold delivery of any goods to a customer in any case where any invoice remains unpaid for more than 30 days. If the Customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding up order or petition issued against it or being an individual commits an act of bankruptcy or has a bankruptcy order issued against him, the Company without prejudice to its other remedies shall:
Have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) including materials purchased for the customer such charge to be an immediate debt due to the Company and
In respect of all unpaid debts due from the customer have a general lien on all goods and property in the Companies possession (whether worked on or not) and shall on the expiration of 14 days notice given to the customer be entitled to dispose of such goods or property in such manner and at such price as the Company thinks fit and will apply the proceeds (if any) towards the indebtness of the customer.
Data Protection Act and Advertisement Code: The Customer confirms that material supplied conforms with the Act and will indemnify the Company for any infringement. It is the Customers responsibility to ensure that where applicable, work does not conflict the present law or with national or international advertising codes.
Software Licensing: The customer indemnifies the Company for any copyright infringements in connection with work in progress by the Company on the Customers behalf from supplied or specified material.
Customers Property: All property of the Customer or supplied by its agent shall, while it is in the possession of or while it is in transit from for to the Company, be deemed to be at the Customers risk unless otherwise agreed in writing and the customer should insure accordingly.
Force Majeure: The Company shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, Legislation, War, Fire, Flood, Drought, Failure of Mains Services, Lock Out, Strike or other action taken by employees in furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency, the Customer may by written notice to the Company elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available. Any time limits agreed by the Company shall be automatically be extended by a period equivalent to the period during which a force majeure event exists.
Law: These terms of business and all other express terms of the contract shall be governed and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.
Liability: Every reasonable care is taken in the handling of customer’s property. In order to keep down costs of our products / services, they do not reflect or incorporate unlimited liability and all orders are accepted by the Company on the basis that the liability of the Company shall not exceed the value of the materials themselves. In the case of the Company supplying and installing products into customers premises, liability is limited to the cost of the product supplied in the event of failure due to any mechanical or electrical component. Where customer’s material is considered to be of high value, this fact must be declared to the Company in writing prior to any contact being entered into. Customers are advised to fully insure all material of special value against all risks. No liability can be accepted by the Company for claims otherwise suffered by the client.
Payment Terms: Unless the customer has an approved credit account then the invoice is due for payment upon receipt. Orders sent through the post or via electronic media by customers without an approved account will be required to send a cheque to such bank account as may be notified by the Company from time to time, for the total price including VAT, packaging and delivery. The Company reserves the right to hold work in progress and charge 2% above Nat West base rate interest per month on outstanding accounts. Any query relating to an invoice must be raised in writing with our accounts department within 21 days of the date of the invoice. No discussion or adjustment is possible after that time. Any work rejected by the customer shall remain the property of the Company who reserve the right to charge the customer in due course for any rejected work not returned. In the event of the Company having to resort to employing a debt collection agency the customer is advised that the costs of such an agency or legal advice shall be charged to the customer. Should work be suspended or delayed by default of the customer for a period exceeding 30 days, then the Company reserves the right to charge for work done up to that point including materials specially ordered and other additional costs including storage.
Variations In Quantity: Every endeavour will be made to deliver the correct quantity ordered but due to the nature of certain manufacturing processes, estimates are conditional upon margins of 5% being allowed for overs or shortage, the same to be charged or deducted. The Company reserves the right to charge for reprints or re-manufacture if within this margin.
Price Changes: The Company reserves the right to alter published prices or those stated on price lists without notice.
Hire of Goods: Goods are supplied for hire on the strict understanding the client accepts the terms as set out on the Hire Agreement, a copy of which is available on request. Goods are supplied at customers risk and the customer is advised to insure accordingly.
Reservation of Title: Until goods have been paid for in full, property in the goods supplied shall remain with the Company and the customer shall hold the goods as a bailee and on a fiduciary basis and shall store the goods at no cost and in such a way to be clearly identifiable as belonging to the Company.
The “Customer” meaning the person, firm, organisation or company placing an order with The Company.
Statutory Rights: These conditions do not affect the statutory rights of a consumer.