Our terms and conditions
Your order placed with us will be subject the following conditions of sale
‘Company’ means Holmdale Print Ltd.
‘Conditions’ means the standard terms and conditions set out in this document and includes any special terms and conditions agreed in writing between the customer and the Company.
‘Contract’ means the contract made between the customer and the company for the products and/or services which will be subject to the conditions.
‘Product’ means the publications, printing, design, artwork or other stated work.
‘Writing’ means a communication made between the Company and the customer in writing, telex, facsimile transmission, e-mail or any other form of communication.
References to person(s) include an individual, company, corporation, firm, charity, organisation, Government Department, partnership, limited company, public limited company or sold trader.
These Conditions shall apply to the Contract at all times unless the customer has agreed a variation to the Company in writing, which has been accepted by the Company.
The Company’s employees or agents are not authorised to make any representations concerning the Products and/or Services unless confirmed by the Company in writing. In entering into the Contract, the Customer acknowledges that it is does not rely on, and waives any claim for breach of any such representations which are not so confirmed. Notwithstanding any provision to the contrary, the Company does not limit of exclude its liability for fraudulent misrepresentations.
Any advice or recommendation given by the Company, its employees or agents to the customers, or its employees or agents which is not confirmed in writing by the Company is taken at the customers own risk and the Company cannot be held responsible for any actions taken on this advice.
Any typographically, clerical, computerised or other error or omission in any sales literature, marketing material, e-mail, text message, or fax issued by the Company (other than an official document created by the Company specifically for a Customer pursuant to the contract) shall be subject to correction without any liability on the part of the Company.
3. Print Quality and Quantity
Unless otherwise agreed in writing between the parties, the Customer shall be responsible for providing the Company at the commencement of the Contract copy in appropriate format. Additional charges may apply if the company has to be re-work supplied artwork to get it to the required standard for print.
All proofs submitted by the Company to the Customer shall be charged for unless otherwise specified in writing.
3.2 Upon receipt of the proofs from the Company to the Customer, the Customer shall be responsible for communicating in writing the acceptability of the proofs. The customer is also responsible for checking layout, text, colour and set-up of the proof together with the any finishing options that cannot be displayed on the proof. To proceed with the order a signed order confirmation sheet is required which is supplied by the Company confirming the customers acceptance of the proof. The customer shall have no claim or liability against the company for losses either directly or indirectly arising or of a consequential nature in the event that it considers the final products to be unsatisfactory for the use to which the products were intended to be put once a signed order confirmation sheet is received by the company.
3.3 We reserve the right to make charges for additional work carried out should the copy supplied by the Customer be inadequate to print from. A notification of charges will be issued to the customer in writing.
3.4 The Company will not be responsible for providing an accurate colour proof that may match the Pantone colour system or the colours specified by the Customer. It is the Customer’s responsibility to specify pantone colours and pantone colour schemes to us in writing prior to production to ensure accurate colour reproduction.
3.5 In the event that the Customer waives its right to a proof by the Company prior to proceeding to print, the Company shall use reasonable endeavours to ensure that the printed product is of a reasonable quality and fit for the purpose and market (if communicated to it by the Customer) for which the Customer intended it to be used, Provided the Company has used reasonable endeavours then it shall not, however, be liable to the Customer for any direct, indirect or consequential loss or damage (whether by loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever or howsoever arising in the event that the products printed by the Company are considered unsatisfactory for use by the Customer.
3.6 Where artwork is printed into the glue track (which is approximately 15mm from the top of the pad) or a flood colour is used on any sticky note-pad we cannot be held responsible for abnormal results with colour, banding, ink-lift or adhesive failure.
4. Terms of payment
4.0 Subject to any special and specific written terms agreed between the Company and the Customer, the following terms of payment shall apply:-
The Customer shall pay all amounts stipulated on the Company’s invoices in relation to the Contract, within 30 days from the date of the Company’s invoice, not withstanding that delivery may not have taken place and the title in the products has not passed to the Customer. The time of payment of the invoice amount shall be of the essence of the Contract. Receipts for payment will be issued on request.
If payment terms have not been agreed the Company will require full payment of the invoice prior to any Contract going into production.
The Company reserves the right to ask for payment before the Contract goes into production even if written agreed credit facilities exist.
If the Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:-
a) Cancel the Contract or suspend further deliveries to the Customer.
b) Appropriate any payment made by the Customer, to such of the products (or the products supplied under any other contract between the Customer and the Company) as the Company may think fit (notwithstanding any purported or actual appropriation by the Customer);
c) Charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 10% per month from the date of the invoice (if an invoice has been raised or on work part completed from the date the work entered production if no invoice has been raised) above HSBC Bank base rate until payment is made in full.
d) Charge the customer legal fees, court costs and any necessary administration costs (including delivery costs if applicable) resulting in taking action to recover the sum of money outstanding
Delivery charges will be notified on the order confirmation contract and is calculated on the weight of your order and any special requirements notified to us (such as specialist packing or a timed delivery service).
5.1 Any dates quoted for delivery of the products, including split deliveries are approximate only and the Company shall not be liable for any delay in delivery however so caused.
5.2 If a delivery is attempted but through reasonable endeavours fails to deliver a consignment, we reserve the right to charge for a second delivery.
5.3 If a customer fails to take delivery of the products or fails to give the Company adequate delivery instructions at the time stated for delivery, then without prejudice to any other rights or remedies available to the Company, the Company may:
a) store the Products until actual delivery and charge the customer for the reasonable costsincluding redelivery, insurance costs and administration costs.
b) sell the products and charge the customer for any shortfall below the price of the Contract which the Company has released as a result of such sale.
5.4 The company will not be held financially liable for any consequential loss for late or non delivery of the contract.
6. Customer’s Property
The Company and its agents cannot be held responsible for any loss or damage to artwork, photographs, transparencies, materials etc;
6.1 The Company shall be entitled to charge for the storage of any customer’s property, left with the Company before receipt of the order confirmation.
7. Cancellation of the contract
If the customer cancels the contract before printing has commenced a £50.00 cancellation fee will apply together with artwork costs and proofs.
7.2 If printing has commenced a sliding scale charge will be made for any order which has been started. Any order which has been completed will be charged in full.
8. Illegal Matter & Conflict of Interest
The company shall not be required to print any matter which in its opinion is or may be of illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
8.1 The company refuses the right to refuse to print any matter which in its opinion, may be prejudicial or detrimental to the good of the companies.
8.2 The Company can refuse to undertaken a contract where it conflicts or may conflict with the interest of another customer.
A digital proof will be supplied prior to printing unless we receive written instructions from you to proceed without a proof.
9.1 A digital proof does not represent the final print quality and does not accurately represent the colours within the design. Its purpose is for the customer to check layout and text only. We cannot be held responsible for any colour accuracies or print issues arising from a digital proof.
9.2 Where an accurate colour proof is require we can provide a machine proof, (otherwise known as a wet proof). There will be a charge for this type of proof.
10. Full Colour Lithographic Printing
The company will make every effort to obtain the best possible colour reproduction on customer’s work, but because of the nature of the processes involved, the company shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, original, transparency or digitally supplied image and the printed article.
10.1 Customers who require colour reproduction of a specific standard should request in writing a machine proof. This will be charged as an extra cost.
10.2 The company cannot accept any responsibility for unsatisfactory results caused by inferior photographic originals, scans, artwork or reprographic work.
11. Digital Printing
Where customers work is to be printed on digital print equipment, the company reserves the right to print the exact quantity ordered and provide no overs.
12. Force Majeure
12.0 We will make every effort to carry out the contract., however the Company will not be liable for any failure on its part to perform or complete the contract arising from any cause outside of our control including fire, flood, industrial action, terrorism, power failure or acts of god
13. Indemnity & Liability
13.0 The Customer hereby agrees to indemnify Holmdale Print against any and all claims made by a third party arising from the performance of the Contract whether they are perused to Court or not.
The Seller’s liability under these conditions shall never exceed the trade cost of replacement of the goods ordered by the seller.
The Seller will not be liable for any consequential or indirect loss or damage (whether for loss or profit otherwise) costs, expenses or other claims for consequential compensation whatsoever suffered by the Buyer whether this loss or damage arises from a breach of duty, contract , sellers negligence or late or non delivery.
14.0 This contract will be governed by
UKlaw and construed in accordance with English Law.