“Customer” refers to the person or business or representative of a business that initiates a transaction for goods or services or both on behalf of a person or business. “Company” refers to Planting Solutions Ltd of Unit 7 Sovereign Court, Poulton Business Park, Poulton-le-Fylde, Lancashire, FY6 8JX. “Advertised Rate” refers to the General Services Price List which can be found at http://www.planting-solutions.com/services-price-list.html.
These Terms & Conditions shall apply, where appropriate, to all transactions for goods and/or service. No contract shall be made unless the Company has accepted an order placed by the Customer. Any additional conditions proposed by the Customer shall be void unless agreed in writing by the Company.
Quotations are based on the current cost of production, including materials, and will be without variation for 30 days following the date of the Quotation unless any costs, including materials, rise by 10% or more, at which point the Quotation will be re-issued. Prices will be held once a transaction is initiated.
VALUE ADDED TAX
All prices quoted do not include Value Added Tax. The Company reserves the right to charge the amount of any Value Added Tax payable, where applicable.
All work carried out at the Customers request whether experimental or otherwise shall be charged accordingly at the current hourly rate.
The Company reserves the right to charge for time taken to retype copy supplied in a hand written or type printed format. The company also reserves the right to charge time taken due to illegible or incomplete copy.
All work will be submitted for approval by the Customer. The Company will not accept any responsibility for any errors found to be on the proof not corrected by the Customer. All changes to proofs supplied must be submitted in writing via letter, fax or email. Each set of changes will be re-proofed. Production can only begin once a proof is considered OK by the customer and the customer has given such notification in writing via letter, fax or email. Should colour matching be important then the customer must supply a proof to show the colours required. When supplying print ready artwork, customers should supply a printed proof as a proof copy will not be sent out unless alteration are required in order to make the file ready for print. The customer accepts full responsibility for any errors found on the proof that has been signed off, or on files sent for print as print ready artwork that contains errors also found to the customer supplied proof or print ready artwork is supplied with no proof attached.
All images used in designs created by the Company have been obtained for purpose of the product designed and not for any other use. Images supplied by the Company on designs created for the Customer may not bet used on other products with out written permission via letter, fax or email.
The Company is not responsible for any copyright checks on artwork supplied by the Customer as print ready artwork, or, in the case of supplying images or logos for use in a design, that all rights to use have been obtained. The customer agrees to indemnify the Company from any such legal issues that may arise from any images, logo, copy, designs or any other intellectuality property supplied to the Company or used by the Customer in the Customer's design.
Delivery of goods or services shall be arranged at the time of initiating a transaction. Should this delivery agreement change due to the Customer requesting it, the customer will pay all relevant costs.
(a) Non credit account Customers: All transactions must be paid in full at the point of order by way of a proforma invoice or if agreed in writing, payment on delivery or if agreed by payment of a ￡50 or 50% deposit, whichever is the greater, with the whole of the balance payable on delivery.
(b) Credit Account Customers: All credit limits are issued by the Company and are non negotiable. Invoiced amounts are to be settled in full no later than 30 day after the date given on the issued invoice which will correspond with the date the transaction is completed. Interest may be charged at 2.5% above the base rate per calendar month on outstanding balances that have not been settled within this time frame.
(c) All balances must be settle in the time frame set out in clause (b) of PAYMENT. The existence of a dispute, query or complaint on any individual item in a credit account will not affect the date of payment of the balance of the account. Once the said dispute, query or complaint is concluded a credit will be issued against the account to offset against future balances.
(d) Increase of and continuation of Credit Accounts is subject to continued review. Failure to maintain payments on time in line with clause (b) of PAYMENT will result in Credit Facilities being suspended or removed. Should such action be taken, further transactions will become a matter of description until such time as the account to brought to order.
(e) If a credit account is suspended or removed then all sums owing to the Company shall become immediately due and payable.
(f) Should any goods or services be delayed or suspended after the production of said goods or work of the service has commenced for longer than 30 days, the Company reserves the right to invoice the Customer for all time, materials and any other costs incurred by the Company. Payment will then become due in accordance with either the clause (a) or clause (b) of PAYMENT dependent on Customer's credit agreement status.
(g) Should the Customer cancelled a transaction after the production of said goods or work of the service has commenced the Company reserves the right to invoice the Customer for all time, materials and any other costs incurred by the Company.
(h) Disputes, queries or complaints must be submitted in writing via letter, fax or email to the Company no later than ten days after the date of invoice. Any issues raised after this time frame will only be considered if the Company deems it reasonable that more time was needed to realise a fault in the products otherwise they will not be accepted.
VARIATIONS IN QUANTITY
When dealing with poster printing, display printing, dye sublimation or garment printing, there will be no variation between the quantity ordered and the quantity supplied. With regard to label printing, litho printing and digital press output, while every endeavour is taken to ensure correct quantities there maybe a 5% variant up or down on the amount supplied. On litho printing orders over 1000 units this variation could be up to 10% up on down on the quantity delivered.
Any damaged products delivered by the Company directly or by use of a carrier employed by the Company must be reported to the Company in writing within 3 day of signed receipt of the goods.
(a) The Company will not be liable for any losses indirect or otherwise or third party claims whatsoever incurred by the Customer due to delay in completing the work or delays in transit.
(b) Where work is defective due to process used by the Company, the Company's liability (if any) will be no more than rectifying the reported defect.
(a) Any artwork supplied by the Customer will remain the property of the customer.
(b) Any artwork created by the Company for a Customer where the Customer has made a deliberate and separate payment for the artwork to be create, the artwork belongs to the Customer
(c) Any artwork created by the Company for a Customer where no payment has been made separately for the artwork to be created, the artwork belongs to the Company. The ownership of this artwork can be transferred by payment of an agreed amount based on the time taken to create the artwork at the advertised hourly rate.
(d) All customer artwork will be held on file for no more than 2 years unless,
(1) the Customer requested the files be deleted or
(2) Room is required in the Company's storage facilities or
(3) in the event of a computer issue that requires storage facilities to be wiped without the ability of a back up being made.
CUSTOMER SUPPLIED MATERIALS
(a) The Company may reject any materials it deems unfit to carry out the requested task.
(b) The Materials remain the property of the Customer and may not be used for any other purpose by the Company.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage. Should, for any reason, spoilage occur, the agreed quantity will be supplied short. The Company takes no responsibility for loss of Customer's materials through normal spoilage.
(d) All materials supplied by the Customer will be transported, stored and worked on at the Customers own risk. The Company takes no responsibility for the materials other than that of completing the required job.
(e) The Company reserves the right charge to Customer for storage of any materials left with the Company more than 5 day prior to an order being placed or 5 days after an order being completed at the Companies advertised rate.
Agreement to the terms and conditions set up here acts as a guarantee of payment of all invoices and monies owed to the company no matter what. Should a business become unable to meet the payment demands of the Company or become insolvent or enter into liquidation, the Company reserves the right to pursue the directors of the business for the outstanding amount irrespective of the business's limited company status.
(a) The Company reserves the right to refuse to work on or produce any items or produces that it deems toe be of an illegal nature. Be that of infringement of intellectual property rights, libellous, hate crime, pornographic or any other reason.
(b) The Company shall be indemnified by the Customer in respect of any claims, costs or expenses arising out of any libellous nature or infringement of copyright, patent, design or any other proprietary or personal rights contained in any material produced for the Customer. The indemnity shall extend to any amounts paid on a lawyers advice on settlement of any claim.
The Company shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power, lock out, strike, or any other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for 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 any work done and materials used and purchased, but subject thereto shall otherwise accept delivery when is available.
These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
The Customer agrees that the Company carries out work on the understanding that it will not be held liable nor any claims will be made against it for any consequential loss whatsoever no matter what the reason.
The Company cannot and will not accept any responsibility whatsoever for delays or losses incurred by the Customer as a result of non performance of outside contractors and suppliers.
Any complaints, issues or dissatisfactions must be reported to the Company immediately with a written version of the issue via letter, fax or email to arrive with the Company no later than 10 days after taking delivery of the products. You will be issued with a ticket number that will then be required on all future correspondence. Each case will be dealt with on an individual basis.