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TERMS & CONDITIONS
- “Goods” means the articles or things described in the contract between Printorama and the purchaser.
- These conditions shall be deemed to be incorporated in all contracts of Printorama to sell goods and in the case of any inconsistency with any order or form of contract sent by the purchaser to Printorama whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in written and signed by a director on behalf of Printorama.
- Notwithstanding that Printorama may have given a detailed quotation no order shall be binding on Printorama unless and until it has been accepted in writing by Printorama.
- Any time or dates given for completion or delivery of goods shall be binding on Printorama, insofar as Printorama undertake to carry out additional work for the purchaser to the value of the print element of any goods not supplied on time. Such liability shall not extend to delay beyond the control of Printorama including, without prejudice to the generality of the foregoing defects in files or omissions of information delays in approval of proofs and non-performance of carriers.
- By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
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- All goods shall be paid for at the time of order.
- No goods shall be dispatched or collection allowed until paid for in full.
- All prices are exclusive of Value Added Tax and will be charged at the appropriate rate.
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- Any shortcomings or defects in goods supplied must be notified to Printorama within 3 days of delivery. Such goods must be returned to Printorama for inspection.
- Nothing herein shall impose any liability upon Printorama in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing handling and storage of the goods.
- Nothing herein shall have the effect of excluding or restricting the liability of Printorama:
- For death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or;
- Under sections 12,13,14 and 15 of the Sales of Goods Act 1979 to a purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Term Act 1977).
- Printorama shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contracts or statuary duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accruals of such, claim, damages or expenses on a time basis.
- The liability of Printorama to the purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.
- If the purchaser shall be in a breach of any of their obligations under the contract Printorama may (without prejudice to Printorama’s rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the purchaser are remedied.
- No statement, description, information, warranty or recommendation contained in any catalouge, price list, advertisement or communication or made verbally by any of the agents or employees of Printorama shall be construed to enlarge, vary or override in any way these conditions.
- Any concessions made or latitude allowed by Printorama the purchaser shall not affect the strict rights of Printorama under the contract. If in any particular case any of these conditions shall continue in full force and effect.
- Illegal Matter
* The Printorama.com reseller 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 or any third party.
* Without prejudice to paragraph 7 above, the customer shall indemnify and hold the Printorama.com reseller harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
- Credit Accounts: For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), the Printorama.com reseller reserves the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
- Insolvency: If the customer 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 it, the Printorama.com reseller without prejudice to other remedies shall (i) 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) and materials purchased for the customer, such charge to be an immediate debt due to the Printorama.com reseller, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in the Printorama.com reseller’s ‘s possession (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 Printorama.com reseller thinks fit and to apply the proceeds towards such debts.
- Full Colour Printing: All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, the Printorama.com reseller shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Printorama.com reseller or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
- Force Majeure : The Printorama.com reseller shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or 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 Printorama.com reseller elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
- The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the purchaser and Printorama agree to submit to non exclusive jurisdiction of the English courts.
- For any further information please contact Sales,
Printorama, 614 Holloway RoadLondon N19 3PB
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