Creative Design and Print is owned and operated by Lookview Limited a company registered in Ireland (registered number 189160) whose registered office is at 25 Westpoint Business Park, Clonard, Wexford. Y35 X997 Ireland.
The giving or sending of an order to us constitutes acceptance of these terms by the buyer and should these terms be unacceptable, then notification must be given to us immediately in writing. In these Conditions, Customer means any person, Firm or Company at whose request goods are supplied or work is performed by Creative Design & Print.
INTRODUCTION
All business undertaken by Creative Design & Print is transacted subject to these conditions, each of which shall be deemed to be incorporated in and to be a condition of any agreement between the company and its customers. No agent, servant or employee of the company has the authority to alter or vary these conditions.
QUOTATIONS
All prices quoted are based ONLY on work specified in the quotation (or verbal instructions given at the time of order). Any additional work requested by the customer which is outside the scope and framework of the original quotation will be charged for accordingly. It is up to the customer to request a quote for such additional work before work proceeds. On completion of work, no protests from the customer will be entertained by Creative Design and Print for any additional costs charged to the customer for any additional work which was outside the scope of work of the original quotation. Quotes are valid for a period of 7 days from the date of the quote. Quotes will be deemed accepted upon the Customer making an Order.
Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and they are subject to amendment by Creative Design and Print before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order provided there is no unreasonable delay on the part of Creative Design and Print.
Once accepted by the customer (either verbal or written), Creative Design and Print’s written quotation shall be deemed to interpret correctly the customer’s instructions. Where verbal instructions only are received, Creative Design and Print shall not be responsible for errors or omissions due to misinterpretation of those instructions.
The cost of additions or alterations “not included in original brief or original quotation” to any proof already submitted to a customer will be added to the price.
PURCHASER’S AUTHORITY
Purchasers entering into transactions with the Vendor expressly warrant that they are authorised to accept and are accepting these conditions, not only for themselves but also as agents for and on behalf of all other persons who are or may become interested in the Vendors goods or products whether in whole or part thereof.
ACCEPTANCE AND LIMITS OF CONTRACT
(i) No quotation made by the company shall constitute an offer by the company.
(ii) An order placed with the company or any acceptance of a tender made by the company becomes binding only when the order or tender is accepted by the company issuing of an invoice for such goods being sent by mail or other means to the purchaser.
(iii) The company undertakes to produce designs, etc. within the accepted tolerances of commercial printing. Deviations from dimensions or quality which are technically unavoidable may be faulted.
(iv) No order placed with Creative Design & Print can be cancelled by the Customer except with the agreement in writing of Creative Design & Print and on terms that the customer will indemnify Creative Design & Print in full against all loss (including loss of profit) cost (including the cost of all labour & materials used) damages, charges and expenses incurred by Creative Design & Print as a result of cancellation.
(v) Any stock that the company agrees to hold against contract will be forwarded to the customer after six months without further modification unless special agreement is reached to extend this period.
SUITABILITY OF GOODS
(i) Tests should be carried out by the customer to ascertain the suitability of any materials/adhesives etc., for the purpose required. All information is given in good faith but without warranty expressed or implied.
(ii) In placing this order, the customer agrees to indemnify the company against any claim which may be made against the company, in respect of the infringement of copyright or of a Trade mark or of a registered design as a result of the manufacturer and the sale of the goods ordered hereby, and also against any costs incurred by the company in relation to any claims.
(iii) As the use of any of our products is completely outside our control, we cannot accept any liability under any circumstances for misuse or incorrect use of any product supplied by us, nor can we be responsible for selection of any substrate being printed.
GUARANTEE
We do not guarantee the fitness of our goods for any particular purpose.
LIABILITY / CONSEQUENTIAL LOSS
Our liability is limited to goods replacement only and we are not to be held responsible for any direct or consequential damages or expenses to any party.
To the fullest extent permitted by law, except as provided herein, Creative Design and Print shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or rising out of Creative Design and Print’s negligence, or in any way whatsoever.
Creative Design and Print will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Creative Design and Print or for any damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Creative Design and Print to exercise due care and skill in handling or storing such property.
PROOFING
Proofs of all work may be submitted for customer’s approval and Creative Design and Print shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to the Creative Design and Print discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
Final checking of artwork is the responsibility of the client. It is the clients responsibility to ensure ALL content is correct before signing off for print, including design layout, text content, spelling, fonts size, photographic quality, contact numbers, email & web addresses or any omissions.
The forgoing provisions relating to proofs applies to all types of proof provided to enable the customer to approve the content prior to printing taking place or digital media going live, proofs may take the form of hard copy, digital files or websites and applications viewed on-line.
FULL COLOUR PRINTING
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, Creative Design and Print shall not be required to guarantee an exact match in colour or texture between the customer’s photographs, transparency, proof, electronic graphic file, or any other previously printed matter.
COLLECTION OR DELIVERY
Creative Design and Print shall notify the customer when the goods are ready for collection. The customer must collect the goods from Creative Design and Print’s premises upon being notified by Creative Design and Print that the goods are ready for collection. If Creative Design and Print agrees to deliver the goods, the customer shall bear all freight and charges of such delivery.
Every effort will be made to keep despatch promises given. No liability will be accepted for loss through non-delivery or delay.
CLAIMS
The customer must inspect goods or services supplied by Creative Design and Print within 2 days from delivery or otherwise, within 4 days of notification that the goods are ready for collection.
Any claims against Creative Design and Print must be in writing within such four (4) days. No claims shall be made by the customer beyond this period, and no claims will be accecped by Creative Design and Print beyond this period.
Where a claim has been made, the goods must be returned to Creative Design and Print for inspection within 7 days of notification of any claims.
Creative Design and Print maintain the right to judge what a manufacturing error and defect is.
Exact quantities cannot be guaranteed, industry tolerances are 5% over or under.
The customer must arrange for and pay the costs of returning the Product to the vendor.
RETURNS
Goods cannot be taken back without the vendor’s previous consent and should in all cases be accompanied or preceded by an Advice Note.
PAYMENT / PROPERTY OF GOODS
Once the work is completed, Creative Design and Print shall invoice the customer for the quoted value of the work plus any additional charges that have occurred to enable the work to be completed to meet the customer’s requirements.
VAT (Value Added Tax) shall be charged on the total invoice amount in line with current VAT legislation.
All Invoices shall be paid COD unless prior arrangements are agreed with Creative Design and Print. Any credit arrangements (where Creative Design and Print feel it necessary) will require an Account Application form to be completed and approved by Creative Design and Print. Credit facilities are given at the absolute discretion of Creative Design and Print.
All goods supplied by us will remain our property until paid in full. Title of goods does not pass until payment has been received in full. If such payment is overdue in whole or part the Company may (without prejudice of any of their other rights) recover or re-sell the goods and may enter upon the customer’s premises for that purpose. If any of the goods are incorporated in other goods before such payment, the property in the whole of such other goods shall remain with the company until payment has been made. These Terms and Conditions are accepted as overriding any terms and conditions included in your confirmation order.
RISK
The risk in the goods passes to the customer at time of delivery if Creative Design and Print delivers the goods to the customer’s premises. Otherwise, title passes at the time Creative Design and Print notifies the customer that the goods are ready for collection.
Creative Design and Print shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
Creative Design and Print has no obligation to insure any property of the customer in Creative Design and Print’s possession. The customer must pay the cost of any insurance arranged by Creative Design and Print at the request of the customer.
If a customer leaves property in Creative Design and Print’s possession without specific instructions as to what is to be done with it, Creative Design and Print may, 12 months after, gain possession of the property of sale as compensation for holding and handling the property.
WARRANTIES AND UNDERTAKINGS
Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Creative Design and Print are expressly excluded (unless such warranties cannot at law be excluded).
PRICE VARIATION
All prices quoted to the Vendor may be changed at any time to correspond with variation in the price or raw materials, labour, fuel, transport or other overhead expenses which may occur at any time before delivery of the complete order.
EXPEDITED COMPLETION OF ORDER
Where expedited orders are required outside of our normal turnaround times stated in our quotations or on our website, the price will be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion.
The Customer acknowledges that a requirement for urgent completion of an order increases the likelihood of errors and or defects. Creative Design and Print will use reasonable efforts to avoid such errors and or defects but will not be held liable for such errors and or defects arising as a result of urgent completion of orders. In these circumstances the customer shall bare the cost of replacement.
CANCELLED ORDERS
Orders cannot be cancelled except upon terms, which compensate Creative Design and Print for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
SUSPENSION OF WORK
The suspension by the customer of any work, for any reason whatsoever, shall entitle Creative Design and Print to payment in full for the work completed up to the suspension date.
FORCE MAJEURE
The Company shall not be responsible for delay of goods or any part thereof occasioned by an act of God, action by any government, strike, lock-out, combination of workmen, riot or civil commotion, breakdown of machinery, power failure, fire, fuel shortage, loss and/or detention at sea or any other contingency beyond our control. Should any of the goods be rendered unfit for delivery by reason of any of the above acts, the contract so far as it relates to those goods shall be deemed to be discharged.
COPYRIGHT
Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by the Creative Design and Print, shall vest in and belong to the Creative Design and Print. Creative Design and Print may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text, fonts and/or any other reproducible materials (“Materials”) prior to instructing Creative Design and Print to reproduce the same. The customer shall indemnify and hold Creative Design and Print and their agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by Creative Design and Print infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
COMPANY IMPRINT
Unless otherwise specifically requested in writing any work may carry the Creative Design and Print imprint which will be positioned at the discretion of Creative Design and Print.
CONDITIONS OF SALE
Orders placed by customers without agreed credit account must be paid in full before any work commences. Payment terms for customers with agreed credit accounts are strictly 30 days from date of invoice. Amounts may not be withheld or delayed by the customer for unauthorised returns or otherwise without written agreement of Creative Design & Print. Creative Design & Print reserves the right to charge interest on a daily basis from the date payment is due until the date payment is received. The basis of the interest will be 3% above The Central Bank base rate. All costs incurred in recovering overdue debts including, without limitation, legal expenses will be Payable by the customer. The customer must pay to Creative Design and Print any costs, expenses or losses incurred by Creative Design and Print as a result of the customer’s failure to pay Creative Design and Print all sums outstanding from the customer to Creative Design and Print (including without limitation the generality of the obligations set out in this clause, any debt collection and legal costs).
The forgoing Terms and Conditions supersede and exclude all general or special terms or conditions imposed or sought to be imposed by the buyer at any time in relation to the contract
All quotations are given and orders accepted by the company subject to these Conditions of Sale to the exclusion of all others unless otherwise agreed in writing. This agreement shall be deemed to be made in Ireland and shall be subject and constructed in accordance with Irish Law.
DATA PROTECTION
By placing an order with Creative Design and Print, the customer consents to its details being used for accounting and marketing purposes. The details will be kept by Creative Design and Print even after the customer’s trading relationship has finished. Creative Design and Print may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to their customer previously and any others matters that Creative Design and Print consider may be of interest to its customers.
ARBITRATION
All disputes arising in connection with these conditions of sale shall be settled under the rule of Conciliation and Arbitration of the Chamber of Commerce by one or more arbitrators in accordance with the rules. The arbitration will take place in Ireland and will be held in English and will be governed by the laws of Ireland.