Tiger Ink Limited Terms & Conditions for printed material and goods
1. The Company Tiger Ink Limited is a registered company (Registration number 7116226) and the following terms and conditions govern the supply of printed material and items between Tiger Ink Limited and the Customer or Supplier. These conditions and all other expressed and implied terms of the contract shall be governed in accordance with the laws of England.
2. Estimates & Quotations Estimates & quotations prepared and submitted by Tiger Ink Limited are based on the printer or suppliers current costs of production and; unless otherwise stated; are valid for 30 days from the quotation date.
3. VAT Tiger Ink Limited reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
4. Terms & Conditions 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.
5. Artwork & Electronic Files
5.1 It is the customer’s responsibility to maintain a copy of any original electronic file.
5.2 Tiger Ink Limited shall not be responsible for checking the accuracy of artwork supplied from an electronic file unless otherwise agreed.
5.3 Without prejudice if an electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action Tiger Ink Limited may make a charge for any resulting additional artwork cost incurred.
5.4 Tiger Ink Limited reserves the right to reject any electronic file, film, disks, paper, plates or other materials supplied or specified by the customer which appear to be unsuitable.
5.5 Where materials are so supplied or specified, Tiger Ink Limited 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 artwork files or materials supplied or specified.
6. Proofs & Samples
6.1 Proofs of work may be submitted for the customer’s approval and Tiger Ink Limited shall incur no liability for any errors not corrected by the customer in proofs so submitted.
6.2 Customer’s alterations and additional proofs necessitated thereby may incur additional proofing charges which will be advised.
6.3 If the customer requires a digital print proof prior to printing, this will incur a proofing charge which will be advised and invoiced upon completion of the printing work.
6.4 Samples of specific promotional items or printed material prior to a customer’s order may be charged for both the sample and also any delivery charge to the customer.
6.5 Colour proofs. Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.
7. Variations in quantity Every endeavor will be made to deliver the correct quantity ordered, but estimates are conditional and cannot be guaranteed. Over and under quantities will not exceed 10 per cent plus or minus the ordered amount and; unless otherwise agreed; will be charged according to the quantity delivered to the customer upon completion of the work. Where materials are supplied or specified by the customer, quantities of materials supplied must be adequate to cover normal spoilage.
8. Delivery and payment
8.1 First orders for new customers will be on a pro-forma basis. Subsequent orders, subject to references and Tiger Ink Limited’s approval, will be on a 30 day account.
8.2 Payment for any printed order through Tiger Ink Limited will become due upon delivery of printed goods to the customer. Payment of work invoiced is due 30 days from the invoice date unless otherwise stated. We understand and may exercise our statutory right of Interest Under the Late Payment of Commercial Debts (Interset) Act 1998 if we are not paid according to our credit terms.
8.3 Unless otherwise specified the price is for delivery of the work to the customer’s address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address or delivery to multiple addresses.
8.4 Should an express or specific delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
8.5 Should work be suspended at the request of the customer or delayed through any default of the customer for a period of 30 calendar days, Tiger Ink Limited shall invoice for payment for work already carried out, materials specially ordered and other additional costs including storage.
8.6 No goods will be delivered on accounts, which remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts, at the rate of 5% above the Bank of England base rate from the date the account became due until full payment is received.
8.7 Tiger Ink Limited reserves the right to charge the customer for any legal or collection charges where it is necessary to obtain payment from the customer of an overdue account through a third party or Court proceedings.
9. Cancellation A charge to the customer will be made on all cancelled orders, together with the charge for all work carried out to the date of written cancellation.
10. Ownership and risk
10.1 The risk in all goods delivered in connection with the work shall pass to the customer upon delivery.
10.2 Goods supplied by Tiger Ink Limited remain Tiger Ink Limited property until the customer has settled payment for the delivered goods and discharged all other debts owing to Tiger Ink Limited.
10.3 If the customer becomes insolvent and the goods have not been paid for in full Tiger Ink Limited may take the goods back and; if necessary; enter the customer’s premises to do so.
10.4 If the customer sell’s the goods prior to full and final payment of goods being made to Tiger Ink Limited, the customer must hold the proceeds of the sale on trust for Tiger Ink Limited in a separate account until any sum owing to Tiger Ink Limited has been discharged from such proceeds.
11. Claims Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to Tiger Ink Limited within three clear days of delivery or; in the case of non-delivery, within 7 days of notification of dispatch of the goods. Any claim in respect thereof must be made in writing to Tiger Ink Limited within seven clear days of delivery or; in the case of non-delivery, within 14 days of notification of dispatch. All other claims must be made in writing to Tiger Ink Limited within 28 days of delivery. Tiger Ink Limited shall not be liable in respect of any claim unless the aforementioned requirements have been completed with exception 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.
12.1 Tiger Ink Limited shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit, whether as a result of the couriers negligence or otherwise.
12.2 Insofar as is permitted by law where work is defective for any reason, including negligence, Tiger Ink Limited’s liability (if any) shall be limited to rectifying such defect/s. Where Tiger Ink Limited performs its obligations to rectify defective work under this condition the customer shall not be entitled to any further claim in respect of the work done nor shall the customer be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further deliveries.
12.3 Nothing in these conditions shall exclude Tiger Ink Limited’s liability for death or personal injury as a result of its negligence.
13. Customer’s property & storage
13.1 Customer’s property and all property supplied to Tiger Ink Limited by or on behalf of the customer shall while it is in the possession of Tiger Ink Limited or in transit to and from the customer will be deemed to be at the customer’s risk unless otherwise agreed and the customer should insure accordingly.
13.2 Tiger Ink Limited shall be entitled to make a reasonable charge for the storage of any customer’s property stored with Tiger Ink Limited if delivery to the customer is requested to be delayed upon the customer’s request. Customer’s property stored by Tiger Ink Limited remains the property of the customer unless payment for the goods has not been made (see clause 9.) and Tiger Ink Limited reserve the right to withhold delivery of stored goods to the customer until payment has been made both for the goods and for any unpaid storage charges.
14. Insolvency Without prejudice to other remedies, if the customer becomes insolvent (namely, being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against them) Tiger Ink Limited shall 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 them. Any unpaid invoices shall become immediately due for payment.
15. General Lien Without prejudice to other remedies; in respect of all unpaid debts due from the customer; Tiger Ink Limited shall have a general lien on all goods and property in their possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property as agent for the customer in such manner and at such price as Tiger Ink Limited 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.
16. Illegal matter
16.1 Tiger Ink Limited reserves the right to not print any matter which in their opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.
16.2 Tiger Ink Limited shall be indemnified by the customer in respect of any claims, costs 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 include (without limitation) any amounts paid on a lawyer’s advice in settlement of any claim that any matter is libellous or such an infringement.
17. Force majeure Tiger Ink Limited shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their reasonable control including (without limiting the foregoing): Act of God; legislation; war; acts of terrorism; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the customer; failure of power supply; lock-out, strike or other action taken by suppliers 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 Tiger Ink Limited, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
18. Law These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England.
Copyright Tiger Ink Limited 2015