Terms & Conditions
STANDARD TERMS AND CONDITIONS AND GENERAL TRADING INFORMATION
These Terms and Conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
1. PRICE VARIATION
The Funtastic Print Company's estimates are based on the current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
The Funtastic Print Company reserves the right to charge the amount of any taxes, value added tax, duties or royalties, etc, which are payable, whether or not included on the estimate or invoice.
3. PRELIMINARY WORK
All work carried out, whether experimentally or otherwise, at customer's request may be charged.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
Proofs of all work including photographs maybe submitted for customer's approval and the Funstastic Print Company shall incur no liability for any errors not corrected by the customer in proofs so submitted. Notwithstanding any error that may appear in the printing, if those errors appear in the final approved proof, the liability shall rest with the customer who will be obliged to accept the printing and pay the account in full. Customer's alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Funtastic Print Company’s judgment, changes there from made by the customer shall be charged extra.
6. INTELLECTUAL PROPERTY
The Customer shall be responsible for obtaining any necessary authority, licence or consent to reproduce pictures, artwork, photographs, designs, logos, names or other marks etc. The customer also warrants that the services that are requested do not violate any third party intellectual property rights or require any authorization, consent or license. In the event that Customer fails to properly secure or otherwise arrange for any necessary license, authority or consent, Customer hereby indemnifies and holds harmless Funtastic print from any and all damages, liabilities, costs, losses or expenses arising therefrom, including in connection with any claim, demand, or action by a third party.
7. DELIVERY AND PAYMENT
(a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due. (b) On certain classes of work the Funtastic Print Company reserves the right to insist upon payment being received prior to commencement of work. (c) The responsibility for collection/delivery of goods lies with the customer. Any carriage arranged by the Funtastic Print Company is on the customer's behalf and is not liable for any delays arising out of that carriage. (d) Should expedited delivery be agreed, an extra charge may be made to cover any overtime or any other additional costs involved. (e) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days the Funtastic Print Company shall then be entitled to payment for work already carried out, material specially ordered and the other additional costs including storage. (f) Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.(g) The Funtastic Print Company accepts no responsibility for deliveries being missed due to non payment. It is the customer’s responsibility to ensure that full payment is made before delivery can take place. (h) International transit times are approximate and may be subject to customs clearance. Local country restrictions apply. The Funtastic Print Company will not be held responsible for any delay of delivery of the goods with international deliveries. (i) The Funtastic Print Company cannot be held responsible for any customs and excise charges that may occur from the import or export of your goods.
8. COMPLETION DATES
Whilst all completion dates are guaranteed from proof approval as set out in this brochure no other completion dates can be guaranteed unless the required completion date has been notified to and accepted by the Funtastic Print Company in writing. Although every effort will be made to meet such dates due to the nature of the process the Funtastic Print Company cannot accept any liability or consequential loss claims arising from such a completion date not being met other than to the extent of the refund of premium charges which have been paid.
9. VARIATION IN QUANTITY
Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 percent for work in one colour only and 10 percent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.
Any query regarding the condition of goods supplied should be made to the Funtastic Print Company verbally by 12.00pm on the working day following receipt of goods and confirmed in writing within 5 working days. Any query relating to invoices should be made to the Funtastic Print Company in writing within 5 working days of the invoice date. Any query regarding non delivery must be made within 14 days of the invoice date. Claims outside this limit will not be entertained. The Funtastic Print Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
The Funtastic Print Company shall not be liable for any loss to the customer arising from delay in transit not caused by the Funtastic Print Company.
12. STANDING MATERIAL
(a) Metal, film glass and other materials owned by the Funtastic Print Company and used by them in the production of type, plates moulds, stereotypes, electrotypes, film-setting, negatives, positives and the like shall remain their exclusive property. Such items when supplied by the customer shall remain the customer's property. Under normal circumstances this standing material will be retained on disk for a period of two years after which time the Funtastic Print Company reserves the right to dispose of it. Duplicate copies can be supplied for an additional charge should the customer request them. (b) Notwithstanding the above type may be distributed, negatives destroyed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, rent may be charged.
13. CUSTOMER'S PROPERTY
(a) Except in the case of a customer who is not contracting in the course of a business nor holding himself out as doing so, customer's property and all property supplied to the Funtastic Print Company by or on behalf of the customer shall while it is in the possession of the Funtastic Print Company or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure accordingly. (b) The Funtastic Print Company shall be entitled to make a reasonable charge for the storage of any customer's property left with the printer before receipt of the order or after notification to the customer of completion of the work. (c) Whilst every care is taken, the Funtastic Print Company and their agents cannot accept any responsibility for loss or damage to artwork, photographs, transparencies, etc. any liability shall be limited to the replacement cost of basic material.
14. MATERIALS SUPPLIED BY THE CUSTOMER
(a) The Funtastic Print Company may reject any paper, plates or other materials supplied or specified by the customer which appear to them to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the Funtastic Print Company in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. (b) Where materials are so supplied, The Funtastic Print Company will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. (c) Quantities of materials supplied shall be adequate to cover normal spoilage.
If the customer ceases to pay his debts in the ordinary course of business or cannot pay his 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 which has an act of bankruptcy petition issued against him, the Funtastic Print Company 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 him, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his 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 he thinks fit and to apply the proceeds towards such debts.
16. ILLEGAL MATTER
(a) The Funtastic Print Company shall not be required to print any matter which in their opinion is or may be of illegal or libelous nature or an infringement of the proprietary or other rights of any third party. (b) The Funtastic Print Company reserves the right to refuse to print any matter which in their opinion, may be prejudicial or detrimental to the good of the Funtastic Print Company’s business. (c) The Funtastic Print Company’s shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
17. FULL COLOUR PRINTING
Every endeavour will be made to deliver the best colour reproduction on customer's work but these are conditional upon a margin of up to 15% variation for work in one colour or full colour. This is due to many variants including paper stock, humidity, temperature & printing press used. In the unlikely event that an item doesn't meet our published specifications, a replacement may be supplied at the sole discretion of the Funtastic Print Company. The Funtastic Print Company shall not be required to guarantee an exact match in colour or texture between the customer's photograph or transparency and the printed article. Customers who require colour reproduction of a specific standard and who wish to check the colour reproduction prior to printing, must order an appropriate colour proof, in writing when placing the order. This will be charged as an extra. It is the customer's own responsibility to ensure that the colour photograph(s) or transparency(ies) submitted are suitable for the work in hand. The Funtastic Print Company cannot accept liability for unsatisfactory results caused by unsuitable or inferior photographic originals.
18. FORCE MAJEURE
The Funtastic Print Company shall be under no liability if they shall be unable to carry out any provision of the contract for any reason beyond their 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 material required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the printer elect to terminate the contract and pay for work done and material used, but subject there to shall otherwise accept delivery when available.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.