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Terms & Conditions
Legal Statement on the terms of sale:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
The information on this page, along with any accompanying downloadable material form part of the trading terms of business between White Lodge Print Design (a trading division White Lodge Promotions) and you the customer. The information, content and data code on this page and the rest of this website are rights reserved and the Copyright of White Lodge Print Design (trading division of White Lodge Promotions Limited) and are not free for unauthorised download, copy, re-distribution or re-publish without written permission.
In these Terms and Conditions of Business any reference to:-
"Company" means White Lodge Print Design (Trading Division of White Lodge Promotions Limited) or any subsidiary thereof
"Customer" means any person or persons, firm, company or other organisation or entity obtaining a quote or quotes, purchasing Goods or otherwise instructing the Company to carry out works on the Customer’s behalf
"Goods" means any product or products, or services, supplied by the Company to the Customer directly or through any third party and to include services, a product or products manufactured, delivered or otherwise provided by the Company, Supplier, Contractor or any other third party not herein mentioned
"Conditions" means these Terms and Conditions of Business
"Order" means when the Customer instructs the Company to supply Goods to the Customer
"Price" means the total price payable for the Goods as shown in the Order confirmation or Invoice and any subsequent amendment, addition or variation thereof as confirmed in writing by the Company to the Customer.
"Invoice" means the Company's official document requesting payment of the Price of the Goods.
These Conditions represents the entire agreement between the Company and the Customer.
No variation or modification will be deemed incorporated into these Conditions unless expressly agreed and confirmed in writing by the Company to the Customer.
In the event of a discrepancy between these Conditions and any subsequent documentation sent to the Customer by way of quotation, order form or other correspondence or document or representation the terms of these Conditions shall prevail, unless expressly varied or modified in accordance with the Clause 2.2 above.
The headings in these Conditions are for reference purposes only and do not constitute part of the Conditions.
Where these Conditions allow for the Company to vary or modify the Conditions only persons duly authorised by the Company to make such decisions will bind the Company.
If the Customer is in any doubt about whether a person purporting to have authority to bind the Company does in fact have the requisite authority they should contact the Company's directors at the head office, details of which can be found at the end of these Conditions.
Should any Clause or Clauses in these Conditions be held to be unreasonable and/or unenforceable in all the circumstances in accordance with the laws of England and Wales then that Clause or those Clauses shall be severed from the Conditions but the remaining Clauses shall continue to be valid and enforceable.
Nothing in these Conditions shall affect any statutory rights of the Customer.
All Schedules to these Conditions shall form part of the Conditions as if they were set out in the main body of the Conditions and shall be enforceable, or severable, as such.
3. PRICE AND ORDER VARIATION
Quotations are based on information supplied by the Customer and on the Company's current costs for production. The period of validity of each quotation shall be 30 days from the date of issue. The Company reserves the right, unless otherwise agreed in writing, to amend quotations on or at any time after acceptance if the Customer changes specification or supplies additional information or to meet any rise or fall in the costs of the Company.
All prices quoted are ex works unless otherwise agreed in writing.
All prices quoted are exclusive of Value Added Tax ("VAT") which will be charged where applicable along with any other taxes, duties or royalties payable against the work to be completed, whether or not included in the estimate or invoice.
4. PRELIMINARY WORK
All work carried out, whether experimentally or otherwise, at the Customer's request shall be charged and shall be paid for by the Customer on demand or in advance if so required by the Company who will notify the Customer in advance of such charges being incurred.
A charge shall be made to cover any additional work involved where copy supplied is not clear and legible or in a format that the Company is able to take onward for production or that does not meet the criteria for submission specified by the Company.
All proofs for work to be completed must be signed for by the Customer. All completed work must be signed for by the Customer. No liability shall be incurred by the Company for any errors not corrected by the Customer on proofs submitted by the Company for the Customer's approval. The Customer must approve the proofs before the work is commenced.
Customer's alterations and additional proofs shall be charged extra. When style, type or layout is at the discretion of the Company, alterations made by the Customer shall be charged extra. All extra charges referred to in this Clause 4.4 shall be at the Company’s discretion as to the amount.
5. COPYRIGHT TRADEMARK PROTECTION
The Customer shall be responsible for obtaining all necessary authority to reproduce any images including, but not limited to pictures, artwork, photographs
The Customer indemnifies, undertakes and warrants that all Goods delivered to the Company shall not infringe any copyright, trademark, registered design or other proprietorial right of any third party and shall not constitute libel or otherwise render the Company open to legal action whatsoever and the Customer shall indemnify the Company its servants and agents from and against all liabilities and claims which the Company may incur as a result of providing Goods and/or compliance with the instructions or requests of the Customer.
Unless credit terms have been agreed prior, payment terms will be a Proforma, upfront basis.
7. DELIVERY DATES
Although we try our best to ensure all items are supplied to the estimated delivery time as indicated on placing your order, please be aware from time to time these times may vary due to reasons beyond our control. Any specific delivery deadlines must be pointed out at time of order where we will confirm if possible. Priority orders and / or rush jobs may be subject to a priority service charge.
8. VARIATIONS IN QUANTITY
Unless otherwise agreed in writing by the Company every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 10 percent for Goods (5 percent for quantities exceeding 10,000) and where the Goods have an excess or shortage the excess Goods or shortage of Goods is to be charged or deducted respectively.
Any claim by the Customer that any Goods are defective, not matching the description given in the Order, or are not of satisfactory quality, must be notified to the Company by email at email@example.com or by letter to the head office address at the end of these terms and conditions immediately upon such alleged defect becoming apparent but in any event no later than 7 days after the date of delivery. If delivery is not refused or you do not notify the Company accordingly the Company shall have no liability for such failure or defect unless such defects are latent defects.
Any query regarding non-delivery must be made within 14 days of the Invoice date or expected delivery date. In so far as permitted at law, claims outside this limit will not be accepted.
10. SUITABILITY OF GOODS
Where the goods consist of container, wrappers or other articles intended for use in connection with any food, drug or other substance, the Customer shall satisfy himself that such food, articles or other substances is not likely to be adversely affected by any material used by the Company in the manufacture or printing of such containers, wrappers or other articles. The Company shall not be liable to the Customer or any third party in respect of any claims alleging that such food, drug or substance has been adversely affected.
The suitability of the products of the Company for use in the packaging of any particular commodity must be at the Customer's risk unless expressly stated in writing or implied that the Goods supplied will be suitable for any particular purpose for use under specific conditions notwithstanding that any purpose or conditions intended by the Customer may be known or be made known to the Company.
11. TITLE OF GOODS
Title to the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full for the Price of the Goods
If the Customer ceases to pay their debts in the ordinary course of business or cannot pay their 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 enters administration or voluntarily enters liquidation or commits any other act of insolvency or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him or petitions for his or her own bankruptcy, the Company without prejudice to other remedies shall
have the right not to proceed further with the Order or any other work 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 the Company shall have a general lien on all goods and property in the Company’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to the Customer or the Customer's Trustee in Bankruptcy, Receiver or Administrator to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
13. ILLEGAL MATTER
The Company shall not be required to print or reproduce any matter which in its opinion is or maybe of an illegal or libellous nature, or an infringement of the proprietary or other rights of any third party and reserves the right not to print any matter which in its opinion may be prejudicial or detrimental to the good of the business of the Company.
The Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter and any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material or Goods presented for or by the Customer. The indemnity shall extend to any amounts paid for legal advice in settlement of any claim.
14. FULL COLOUR PRINTING
Every effort will be made to obtain the best colour reproduction but because of the process involved, the Company cannot guarantee an exact colour or texture match between the Customer's original colour photography or transparency or electronic file and the Goods.
Customers who require colour reproduction of a specific standard and who wish to check the colour reproduction prior to printing must order a colour machine proof, in writing, when placing the Order. An additional charge will be made for this.
On supplied artwork it is the Customer's responsibility to ensure that the colour images submitted are suitable for the Goods. The Company cannot accept liability for unsatisfactory results caused by unsuitable or inferior colour images. Details can be seen in our artwork guide.
15. COLOUR MATCHING
The Company can mix the Customer's special colour requirements or order special colours to be mixed by manufacturers if an ink sample is supplied but the Company cannot guarantee to reproduce it exactly on additional runs or repeat Orders. For this reason the selection of a Pantone colour is always recommended in order to ensure the best chance of accurate colour matching. If colour matching is of particular importance to the Customer then the Customer must order a machine proof the cost of which will be quoted at the time of the request.
16. MACHINE READABLE
In the case of machine-readable codes or symbols the Company shall print the same as specified or approved by the Customer in accordance with generally accepted standards and procedures.
The Customer shall be responsible for satisfying themselves that the code or symbol will read correctly on the equipment likely to be used by those for whom the code or symbol is intended and the Company shall be in no way responsible for any loss or damage claimed by the Customer in this respect.
The Customer shall indemnify the Company against any claim by any party resulting from the code or symbol not reading or not reading correctly for any reason, except to the extent that such claim arises from any failure of the Company to comply with Clause 22.1 above which is not attributable to error falling within the tolerances generally accepted in the trade in printing of this nature.
17. FORCE MAJEURE
The Company shall be under no liability if it is unable to carry out any provision in the Order for any reason beyond the Company's reasonable control including but limited to (without limitation to the foregoing) Act of God, act of terrorism, legislation, war, fire, flood, drought, import, or export regulations or embargoes, failure of power supply, lock-out, strike or other action taken by employees in contemplation of furtherance of a dispute or owing to any inability to procure materials required for the performance of the Order. During the continuance of such a contingency the Customer may by written notice to the Company at its head office address elect to terminate the Order and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
The construction, validity and performance of these Conditions shall be governed in all respects by the laws of England and Wales.