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Ordering and acceptance : By submitting your order you, "the
Customer", are offering to buy the goods specified and allow the Company to use
your personal details for supply of the goods, including passing your details
on to couriers. The Company is not obliged to supply goods until it confirms
your order by e-mail, fax or telephone. The description and price of goods and
services and delivery details will be provided in the confirmation of order.
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Price : All work is carried out and goods are supplied in
accordance with these Terms and Conditions of Business and the prices indicated
on the Company's prevailing price schedule and/or published on its website. Any
quotations given are normally based on this price schedule, but quotations may
be offered for non-standard work. VAT and carriage charges will be added to the
prices where applicable.
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Payment : Where a credit account has been approved by the
Company, an invoice will be raised and shall be due and payable within 30 days
of the date of the invoice. Otherwise payment is due on notification that the
goods are ready for despatch or collection. Payments made online are handled
through SecPay. The Company reserves the right at any time to require a payment
on account and in default of such payment the Company shall be at liberty to
cancel, vary or postpone the Customer's order.
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Delivery : Whilst the Company makes its best endeavours to
despatch goods within a very limited timeframe, any date of delivery specified
is an estimate only. Time for delivery shall not be of the essence of the
contract and the Company shall not be liable for any loss, costs, damages,
charges or expenses caused directly or indirectly by any delay in the delivery
of the goods.
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Preliminary work : Work carried out, whether experimentally or
otherwise, at the Customer's request, will be charged.
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Proofs : Proofs are not normally submitted but, where
specifically requested, a charge may be made. No responsibility will be
accepted, and the Company shall not be liable, for any errors in proofs
approved by the Customer.
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Agency : The Company accepts orders and instructions only on
the basis that those instructing it do so as principals and are liable directly
to the Company for payment of its account.
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Non-assignment : The Customer may not assign the benefit or
burden of any contract with the Company without the express written consent of
the Company.
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Property supplied : All property supplied by or on behalf of
the Customer will be held by or on behalf of the Company at the Customer's
risk.
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Claims : Claims arising from damage, delay or partial loss of
goods in transit must be made to the Company and the carrier so as to reach
them within three days of delivery, and claims for non-delivery within
twenty-eight days of despatch of goods. All other claims must be made to the
Company within ten days of delivery or collection.
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Liability :
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The Company shall not be liable in any way for any loss of whatsoever nature
sustained by the Customer or by any other person arising out of any errors in
work produced or out of delay in completion or from any other cause whatsoever,
save in breach of this Agreement.
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The entire liability of the Company to the Customer in respect of any claim
whatsoever for breach of this Agreement, whether or not arising out of
negligence, shall be limited to the price paid or payable by the Customer to
which the claim relates.
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The Company shall not be liable under any circumstances to the Customer or any
third party for any indirect or consequential loss of profit, consequential or
other economic loss suffered by the Customer howsoever caused, as a result of
any negligence, breach of contract, misrepresentation or otherwise.
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Where instructions or advice are received or given orally by the Company, the
Company shall have no liability to the Customer or any other person for any
misunderstanding or misinterpretation which may arise in relation thereto
whether on the part of the Company, the Customer or any other person.
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The Company's obligations :
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The Company shall provide its services with reasonable skill and care and to a
reasonable standard in accordance with recognised standards and codes of
practice.
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The Company warrants that any goods ordered will at the time of delivery
correspond to the description given by the Company in its literature or on its
website.
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Except as expressly stated in this Agreement, all warranties whether express or
implied, by operation of law or otherwise, are hereby excluded in relation to
the goods and services provided by the Company.
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Unlawful or tortious material : The Company shall not be
required to print or reproduce any matter which in its opinion is or may be of
an unlawful, criminal, tortious, scandalous, indecent or libellous nature. The
Customer warrants, and the Company accepts material for printing or production
on the basis that those submitting the material have ensured it is free from
defamatory matter and does not infringe copyright patent or design or any other
third party rights.
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Indemnity : The customer shall indemnify and keep indemnified
the Company against all claims, costs, demands and expenses against the Company
or any of its employees, howsoever incurred, arising out of the printing or
distribution by the Company of any matter that is or may be unlawful, criminal,
tortious, scandalous, indecent or libellous, or that infringes or may infringe
any copyright, patent or design or any third party rights whatsoever.
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Difficulty and Force Majeure : Every effort will be made to
carry out the contract, but its due performance is subject to cancellation by
the Company or to such variation as it may find necessary or expedient as a
result of difficulty in securing labour, materials or supplies, or as a result
of any Act of God, terrorism, war, strike, lockout or other labour dispute,
fire, flood, drought, legislation or any other cause beyond the Company's
reasonable control.
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Jurisdiction : The Company's relationship with the Customer
will be governed by Guernsey law and will be subject to the exclusive
jurisdiction of the Guernsey courts. Guernsey shall be the proper forum for any
court or other dispute-resolution proceedings.
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Nothing contained in these Terms and Conditions of Business shall affect the
Customer's statutory rights as a consumer.
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