Terms and Conditions
The person, client, customer etc. requesting quotations, placing a verbal or written order or requesting samples, proofs, mock-ups, layouts or designs etc. shall be known in this document as the buyer. eprint Ltd. shall be known as the seller. The buyers 3rd party supplier shall be called the bureau. The job or print request shall be known as the project during manufacture and as the goods upon completion. These terms & conditions together with the particulars set out within our estimate quotation and / or order acknowledgement supersede any previous terms & conditions or terms & conditions proposed by the buyer and may not be varied.
Preliminary Work - Any work produced on behalf or at the request of the buyer whether experimental or otherwise, including the event where a project is cancelled for any reason, shall be charged to the buyer in full. Requests for design concepts, layouts, mock-ups, roughs, typesetting, visuals, etc. or the passing from the buyer to the seller of any information relating to the content of a project shall be deemed as a request by the buyer to the seller to commence production whether a verbal or written request is received or not.
Proofs - Projects where the seller is requested to supply typesetting, design, etc. or film output service to the buyer, a proof may be issued, which is chargeable whether requested or not, & shall be issued to the buyer for written approval prior to print production commencing. One colour proof or set of proofs shall be issued for colour work or one black & white proof or set of proofs for spot or single colour work. Author's corrections on or after the first proof including alterations to style, shall be charged extra. Subsequent proofs shall be charged extra. Where a buyer has not approved his proof in writing, the project may not proceed and time lost may be added to the delivery time. No responsibility shall be accepted by the seller for errors which may be passed for production by the buyer, all production costs and subsequent costs shall be borne by the buyer in full. It should be noted that proofs are not a guarantee of colour or content. Only contract proofs are a guarantee of content but still not a guarantee of exact colour.
Digital information or film supplied - Whilst every effort will be made to observe buyers / bureau errors, where project material is supplied in film or digital format as production ready, no responsibility can be accepted for errors contained within, whether proofs are supplied or not that may show up such errors. The seller requests that the buyer supplies separated laser proofs with digital information supplied to aid in identifying the project. Any errors detected may by corrected for an additional charge.
Quality - Whilst the seller maintains a high level of quality control throughout all areas of project production, the seller cannot guarantee 100% quality compliance throughout a project or accept any responsibility for subsequent costs incurred. The buyer accepts that printing by its nature is subject to colour variance and random marking or spots appearing within the print-run Any complaints or requests for discount must be made in writing within 7 days of receipt of the goods. Claims thereafter shall not be entertained. In the event of a dispute arising the buyer shall agree to the seller applying the quality tolerance guidelines laid down in the IPF. Rejection of a project that is within the above guidelines (where no other guidelines have been specified in writing) will not be accepted.
Quantity delivered - Every endeavour shall be made by the seller to meet the order quantity requested by the buyer, but owing to the difficult nature of producing exact quantities, all quotations are subject to a 10% being allowed for overs or shortage, the same being charged or deducted at a revised rate. It is suggested that where a project is quantity sensitive that the buyer allows for sufficient overs when calculating their order quantity. Owing to the high cost of machine make-ready involved, projects that are delivered short within the 10% tolerance will not be reprinted, but when a project comes up for reorder, the shortage shall be added to that order.
Delivery - In the absence of any written agreement to the contrary goods shall be delivered when production is completed and adequate time has been allowed for quality control purposes. Where an expedited delivery date & time has been requested that is sooner than the normal production time required for production and quality control, every effort will be made to ensure that the project is free from defects or shortage, but reasonable acceptance must be made by the buyer in such cases. Should a delay in delivery occur, the seller shall accept no responsibility for subsequent costs incurred by the buyer nor shall the seller entertain requests for discount or non payment. Delivery terms are as per quotation. Any additional deliveries shall be charged extra. Should a delivery necessitate overtime being worked to meet the delivery, a charge to cover additional costs will be made. The buyer agrees that claims for damage, spoilage, delay, etc. will not be made against any insurance policy.
Payment - All projects are on a Cash On Delivery basis until a customer credit account facility form has been filled in, sufficient time to verify referees allowed, approved credit terms agreed & issued. In some cases a buyer may be requested to provide a percentage of the invoice value + vat before commencement of the project. Where a buyer is in breach of the agreed terms, the account will be suspended until the matter has been rectified.
Retention of title - The title in the goods supplied by the seller to the buyer shall remain with the seller until all sums owing to the seller arising from the business connection with the buyer have been paid in full. Until the title in the goods passes to the buyer, the buyer shall store the goods as bailee and in a fiduciary capacity for the seller, shall ensure that the same remain at all times separately identifiable as the property of the seller ( such storage to be in accordance with the sellers recommendations ) and shall return to the seller on his request. The buyer shall, while in possession of any goods the property of the seller, keep the goods fully insured and any monies received by the buyer, on foot of any insurance policy in respect of damage, deterioration, loss or destruction of the goods, shall be held in trust for the seller. The buyer while in possession of goods the property of the seller may in the ordinary course of his business sell or dispose of the goods to any other person, provided that the proceeds of such sale or disposal shall be held by the buyer on trust for the seller, the said proceeds to be paid into a separate bank account. The buyer shall at any time, at the request of the seller, account to the seller in respect of the balance standing to credit of the said account. The buyers power of sale shall automatically cease if a receiver is appointed over any or all assets or undertaking of the buyer or a winding up order is made against the buyer or the buyer goes into voluntary liquidation, otherwise than for the purpose of reconstruction or amalgamations or calls a meeting of or make any arrangements or compensation with creditors or commits any act of bankruptcy. The seller may at any time revoke the buyers power of sale by notice to the buyer and may give notice to the buyer requiring the buyer to redeliver, at the buyers expense any goods supplied by the seller where the buyer is in default of payment for longer than 7 days or on dishonour of exchange or other negotiable instrument on presentation for payment not withstanding that the seller may have negotiated it and received value therefore. Any servant, agent or contractor authorised by the seller shall be entitled to enter upon the premises of the buyer for the purposes of removing any goods which are the property of the seller and which are in the possession of the buyer.
Claims - All claims must be made in writing within 7 days of delivery of goods in order to be considered. Claims made thereafter will not be entertained.
Buyer¹s property - When supplied will be held at the buyers risk and only returned when specifically requested to do so, damage or loss of buyers property is at the expense of the buyer. Every care will be taken to secure the best results where materials are supplied by the buyer, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials supplied. The responsibility falls on the buyers to make sure their property is correct and suitable prior to supplying it to the seller. Buyer property if not requested for return will be held for a maximum period of 2 years, following which it will be disposed of. Following this period, the seller shall accept no responsibility for replacing this material. Film, disks and proofs or other matter produced by the seller on behalf of the buyer are deemed the property of the buyer and held under the same conditions as above. Printing plates are the property of the seller and are never returned to the buyer. The seller reserves the right to reproduce visual representations of a project in any promotional literature promoting the seller or his agents, or to enter any projects or parts thereof into any exhibitions or awards competition promoting the seller.
Illegal matter - The buyer shall indemnify and keep indemnified the seller in respect of any claim brought against the seller and arising by virtue of the contents of the buyers work. The aforesaid indemnity shall cover all costs, expenses and damages arising from any such claim. The seller shall be entitled in his absolute discretion to refuse to print or deal in anyway with any material which is in his opinion blasphemous, indecent, offensive to public morals, contrary to any provision of the criminal law or likely to give rise to an action in defamation or malicious falsehood on publication. The seller shall not be responsible for any loss suffered by the buyer as a result of the seller exercising his absolute discretion as outlined above.
Consequential loss - The buyer accepts that the seller has no responsibility for any loss or consequential loss or damage suffered by the buyer as a result of any act, omission, error or delay on the part of the seller, his servants or agents.
Force majeure - Every effort will be made to carry out any project based on a quotation, but the due performance of it is subject to variation or cancellation owing to an Act of God, War, Strikes, Lock outs, Fires, Flood, Drought or any other cause beyond control or owing to inability to procure materials or articles except at increased prices due to any of the foregoing causes.
Cost Variation - All quotations are based on current cost of production and are subject to amendment on or after acceptance to meet any recognised rise or fall in such costs. All quotations are subject to sight of project material. Where a project is received and the work involved is different to the interpretation of the quotation specification, the additional work will be charged as extra.
VAT - All invoices will be charged at 21% VAT unless prior agreement has been reached. Where the VAT rate on a project is unknown it will be invoiced at 21% and submitted to the Revenue Commissioners for a VAT ruling and a VAT credit note issued if required.