1) PRICE VARIATION: estimates are based on Matic Media Services Limited’s (“MMSL”) current costs of production and unless otherwise agreed are subject to variation to reflect and respond to said rises in production costs.
2) TAX: MMSL 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.
3) PRELIMINARY WORK: all work carried out at the customer’s request, whether experimentally or otherwise, is chargeable.
4) COPY: a charge may be made to cover any additional work required/arising as a result of unclear, illegible, incomplete or incomprehensible copy [content supplied to be used to create artwork for manufactured goods] that is supplied by the customer.
5) PROOFS: proof copies of all work including photographs will normally be submitted where required for customer approval and not corrected by the customer in proofs [digital and physical copies/interpretations of final manufactured goods). Customer alterations and additions (to proof copies) proposed by the customer will incur further charges.
6) COPYRIGHT: The customer shall be solely responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, literatures, maps etc. The customer will indemnify the printer and his agents from any claim arising thereof.
7) DELIVERY AND PAYMENT: (a) delivery of work/goods (??) shall be accepted by the customer when delivered but ownership of the work/goods shall pass only once full, clear payment been received by MMSL. (b) No work will commence until (i) MMSL receive a purchase order and (ii) MMSL has received full and clear payment. (c) The responsibility for collection lies with the customer. (d) MMSL may arrange carriage for the customer at the customer’s cost but MMSL will not be responsible for any delay in carriage. (e) The customer will be liable for the full cost of expedited carriage including MMSL additional costs including, but not limited to, overtime. (f) Should work be suspended or delayed for more than 14 days at the request of or as a result of inaction of the customer then MMSL will be entitled to payment for work already carried out, special material and other costs including storage. (g) Payment should be made electronically. Cheques may be accepted but will incur a handling fee of £20 per cheque. MMSL may inform credit referencing agents of dishonored cheques.
8) CLAIMS: any complaint regarding the condition of supplied goods must be made by email to MMSL as soon as possible and, in any event, no later than 48 hours after collection/receipt of these goods. Any claim regarding non delivery must be made in writing (if possible via email format) within 7 days of the agreed dispatch date. No claims will be entertained that fall outwith that 7 day period.
9) LIABILITY: MMSL shall not be liable for any loss to the customer arising from delays in transit that are not caused by MMSL.
10) STANDING MATERIAL: All artwork that has not been collected or similar files and associated products used by MMSL shall remain MMSL’s exclusive property. Items supplied by the customer shall remain the customer’s property, such items being supplied by the customer entirely at their own risk. MMSL reserve the right to destroy or dispose of any and all such products immediately after manufacturing/production has completed with the exception of products supplied by the customer which will be retained by MMSL at the customers own risk for a period of up to 1 month, such clause also applies to uncollected goods or those goods stored without storage payment being agreed or received.
11) CUSTOMERS PROPERTY: all property provided to MMSL by or on behalf of the customer shall while (i) in transit to and from the customer or their agents or (ii) in the possession of MMSL remains the customer’s own risk unless otherwise agreed by MMSL in writing. Such property should therefore be appropriately insured by the customer. While every care is taken of customer property MMSL cannot accept any responsibility for loss or damage to customer’s artwork, photographs, media storage, disk, literature or liability for any OTHER property provided by the customer or their agents but where MMSL is responsible MMSL will pay the customer the replacement cost of the basic materials (e.g. a blank USB drive) albeit only up to a maximum value of £50 (fifty pounds sterling).
12) MATERIALS SUPPLIED BY THE CUSTOMER: (a) MMSL may reject any materials such as paper, textiles or other materials supplied or specified by the customer that appear to MMSL to be unsuitable.(b) Furthermore additional costs will be charged to the customer if said (rejected) materials cause the printer any delay.(c) MMSL will not use ink or other consumable products proposed to be provided by the customer. (d) Where the customer supplies material(s) MMSL will take care to secure the best results. (e)However, MMSL take no responsibility for imperfect work caused by defects in or unsuitability of materials supplied (or specified). (f) It shall be the customer’s role to satisfy themselves of the suitability of ANY materials or media proposed to be used such as food cartons or suitability of paper for laser printers. (g) MMSL does not accept responsibility for claims arising due to the purported unsuitability of printed products.
13) DAMAGE: (a) MMSL is not responsible for the damage caused to items where the customer has requested MMSL to affix an MSSL product to non-MMSL goods, material or media. The customer is wholly responsible for checking the suitability of material or media to which the MMSL product is to be fixed, for example: vehicle panels or windscreens, fences, walls, windows, glazed door or painted items.
14) INSTALLATION: It is the customer’s responsibility to ensure that structures upon which MMSL’s product is to be affixed are sound, in good condition and comply with relative planning permission and other relative laws and rules.
15) INSOLVENCY / ACCOUNTS: Should a customer cease to pay debts in the ordinary cause of business or cannot pay their debts as they become due or proceedings for bankruptcy or winding up are commenced against the customer then (and without prejudice to other remedies) MMSL may (i) not proceed with the contract or any other work for the customer (ii) immediately charge for work already undertaken; such charge will constitute an immediate debt due. (iii) in respect of debts due prior to or at the point of the customer’s insolvency MMSL has a right of retention over MMSL’s own goods and other property provided by the customer (whether or not worked on) and (iv) shall be entitled to dispose of same in such a manner and at such a price as MMSL deems fit and hence (v) to apply the sale proceeds against the said debts.
(16) ACCOUNTS: MMSL will at their discretion decide whether to give credit and/or a trade account to a customer and, in any event, a trade account will only be opened after the customer has furnished MMSL with (i) satisfactory credit references and (ii) trade references. Invoices are issued on a net monthly account. MMSL reserve the right to (a) charge interest on overdue accounts and/or (b) close accounts at any time. Upon account closure all outstanding sums become immediately payable.
17) ILLEGAL OR OFFENSIVE MATTER: (a) MMSL will seek not required to print any matter that, in its sole and final opinion is or may be (i) of an illegal, offensive, defamatory, unlawful, extreme or inappropriate nature or is or may be (ii) an infringement of the proprietary or other rights of third parties. (b) MMSL are not required to print any matter that, in its sole and final opinion, may be prejudicial or detrimental/damaging to MMSL or its agents (c) MMSL shall be indemnified by the customer in respect of claims, costs and expenses arising out of any defamatory matter or infringement of intellectual property or other proprietary or personal rights contained in any material that has been printed for or on behalf of the customer such indemnity extends to all legal costs.
18) SUITABILITY OF PRODUCTS: MMSL accepts no responsibility as to the suitability of any printed product including but not limited to any printing on clothing labels, food packaging, walls, windows or vehicles etc. It is the customers sole responsibility to ensure suitability prior to printing, no claim will be entertained
19) FULL COLOUR PRINTING: MMSL will seek to obtain high quality colour reproduction on customers work but, due to the nature of the process involved, MMSL do not guarantee an exact match in colour or texture between the printed results and any proof or existing copy supplied by the customer. Pantone ink matches cannot be produced using the full colour process. Any proof copies issued are NOT colour accurate and are issued for content checking only.
20) RIGHT TO CANCEL: MMSL reserve the right to cancel ANY order at ANY time without reason. Where such orders are cancelled any monies, paid in advance, will be refunded but MMSL will not be responsible for any consequential loss.
21) INTERNET AND EMAIL: where orders are placed via electronic means, including but not restricted to: web, internet, email no order will be deemed as accepted by MMSL until such orders are committed to an official MMSL order form, MMSL reserve the right to alter prices on such order forms should the specification of the order differ from the customers original brief/order.
22) PRINTED RESULTS: MMSL do not control the production of artwork supplied by customer and or their agents. The printing guide produced by MMSL is a basic guide only and in no way provides an exhaustive or guaranteed result. Where customers or their agents supply artwork for print by any other means this is done entirely at the customers own risk MMSL can accept no responsibility for the quality of the printed product in those circumstances.
23) FORCE MAJEURE: MMSL accept no liability for delay or failure to carry out parts/all of a contract due to reasons or events to carry out any or all parts of the contract, for any reason beyond MMSL’s control, including but not limited to: stall illness, act of god, legislation, war, terrorism, fire, flood, drought, power failure, lock out or strike or employee action taken in contemplation or furtherance of a dispute, nor will MMSL be liable for consequential loss or delay caused by said matters beyond MMSL’s control. During the continuance of matters beyond MMSL’s control the customer, may by written notice to MMSL, elect to terminate the contract but the customer shall pay for MMSL invoices issued to it for work done and material used prior to said termination.
24) RETURN AND REFUND POLICY: Our 7-day returns guarantee means that if goods are damaged, defective, materially disconform a customer can return same to MMSL but (a) such goods must be returned within 7 days of delivery to you (b) unopened and (c) in their original condition with any seals, shrink wrap or similar intact and (d) unused and (e) subject to those conditions we will make a full refund.
25) TERMS AND CONDITIONS: This Agreement and these terms and conditions are governed and construed by the laws of Scotland and all disputes shall be referred to the exclusive jurisdiction of the Scottish Courts/Airdrie Sheriff Court
26) WHOLE AGREEMENT: (a) these terms and conditions are those that any order or contract is founded upon. (b) Terms and conditions proposed by the customer to be incorporated into an agreement will not be included or incorporated into such agreement and will be of no effect in the parties’ relationship.