Terms & Conditions
(‘the Company’ means Colour Options Ltd)
Customer orders must correspond to those items and prices described in an estimate provided by Colour Options Ltd (the Company) and the order must be placed within the period specified in the estimate. All orders placed without a corresponding estimate are subject to the Company’s current price list.
The Company will include in its charge for work carried out the appropriate amount of any value added tax payable. All estimates provided by the Company are exclusive of VAT.
All requests for additional work such as colour matching, colour tests, stock sample prints and any other requirement which necessitates the Company undergoing its normal pre-press process prior to carrying out the Customer’s original order will be charged for.
Proofs of all work are produced for customer’s approval as part of the Company’s normal pre-press process and the Company shall accept no liability for errors not corrected by the Customer. The Company reserves the right to make additional charges for any request by the Customer for alterations to be carried out by the Company and for additional proofs to be produced. The Company shall accept no liability for any errors occurring where the Customer has agreed for the Company to carry out the work without the Customer receiving a proof for approval. Printed colour proofs and production runs may be subject to differences in materials and processes which may result in a reasonable and acceptable variation in colour. Subject to any prior agreement made before the production run these differences will be regarded as acceptable.
Files for printing submitted to the Company by electronic means (disk, email, internet or any other appropriate electronic format) are assumed by the Company to be properly constructed in a state which is ready for the Company’s pre-press process. the Company reserves the right to make additional charges for any work carried out in order to satisfy this requirement. The Customer will be notified of any additional charges before the work is carried out.
ELECTRONIC SUBMISSION OF FILES
Electronic files are items submitted to the Company which may contain print-ready artwork, text, illustration, photographic images, data or other information provided. The Customer is responsible for maintaining an original copy of any file submitted to the Company and the Company shall accept no liability for any loss of content or change to content. The Company shall not be responsible for the accuracy of content included in an electronic file. Electronically submitted content included in the order for printing must be checked in proofs supplied either electonically or otherwise and submitted to the Customer for approval. The Company shall incur no liability for any errors not corrected by the Customer in proofs so submitted. The Company reserves the right to make additional charges for any additional work carried out to make corrections to content or design. The Customer will be notified of any additional charges before the work is carried out.
CANCELLATION OF ORDER
The cancellation of an order by the Customer will result in the Company charging the Customer for any work carried out and the acquisition of materials and resources up to the time of cancellation including artwork, prepress, amendments, production, deliveries and collections, and any other activities carried out in pursuance of the completion of the order. Following a cancellation the Customer will be provided with a revised estimate and will be invoiced accordingly.
Work ordered by the Customer shall be deemed to be complete when the work required to carry out the order has been completed. Any completed orders not collected by the Customer or not accepted on delivery will be charged for according to the quotation provided by the Company or the Company’s current price list.
All quotations made by the Company and prices obtained from the Company’s current price list do not include delivery unless stated otherwise. The Company will at its discretion make a charge for delivery. The Company shall accept no liability for any loss to the Customer as a result of any delay in delivery caused during delivery.
Payment for work ordered by the Customer is due on completion. Where there is an agreement between the Company and the Customer for payment to be made within a given period (normally 30 days) then payment is due within the agreed period. Interest on overdue accounts will be charged at 4% above base rate in accordance with The Late Payment of Debts Act.
Any items handed to the Company by the Customer shall be deemed to be the property of the Customer and shall be accepted by the Company at the Customer’s risk and the Customer should take adequate insurance where appropriate. The Company shall accept no liability for any loss to the Customer or to any other person or organization that the Customer may be acting on behalf of. The Company will at its discretion make a reasonable charge for storage of any customer’s property left at the Company’s premises after completion of the order.
Without prejudice to other remedies, if the Customer becomes insolvent (namely, being a company or organisation which is deemed unable to pay its debts, or has a winding-up petition against it or has a receiver or administrator appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him) the Company shall have the right to suspend production of any orders placed by the Customer or any other work being carried out for the Customer and be entitled to charge for all work already carried out (whether or not the order or other work is completed) and all materials purchased for the Customer, such charge to be an immediate debt due to it. Any unpaid invoices shall become immediately due for payment.
Without prejudice to other remedies, in respect of all unpaid debts due from the Customer the Company shall have a general lien on all goods and property in its possession (whether worked on or not) and following written notice shall be entitled on the expiration of fourteen days following the date of the written notice to dispose of such goods or property as agent for the Customer in such manner and at such price as it thinks fit and to apply the proceeds towards such debts, and shall when accounting to the Customer for any balance remaining be discharged from all liability in respect of such goods or property.
The Company reserves the right to refuse to print or reproduce in any other form 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 of any third party. The Company shall be indemnified by the Customer in respect of any claims, cost and expenses arising out of any libellous 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 without limitation to any amounts paid on a lawyer’s advice in 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 its control including (without limiting the foregoing) Act of God, legislation, war, terrorist act, 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 Company elect to terminate the contract and pay for work done and materials used, but subject thereto 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.