Our
buyer's guides - printed and online, set out in detail the framework of the
supplier customer relationship to which we are committed. They detail product
and service specification, menu price all our products and services, specify
formats of data acceptance, and contain guidelines for efficient, effective
communication and design.
Below
we set out the terms and conditions under which orders are accepted by Signs247 however placed (written/fax/internet).
Terms and conditions of sale
Acceptance of Orders
a) SignRight contracts for the supply of goods and/or services only subject
to these terms and conditions and all terms and conditions in the customer's
order or enquiries inconsistent therewith shall be of no effect.
b) The terms and conditions herein shall constitute the entire agreement between
Signs247 and any modification to these conditions will be binding only if it
is evidenced in writing signed by a director of the company and such evidence
contains specific reference to those conditions being modified.
c) Acceptance of the customers order takes place when an order confirmation
- email/fax/written is despatched to the customer, or preliminary work is undertaken
on the customer's instructions.
d) We reserve the right to decline any order without giving any reason.
Currency
Payment for accepted orders must be in the currency agreed on the order confirmation
or other written communication sent to the customer from ourselves detailing
the order - fax/written/email. Without this written notification pounds sterling
must be assumed.
Disclaimer
Signs247 disclaims to the maximum extent permitted by law all representations,
warranties (express or implied) regarding products, services, quantities, pricing,
graphics, software, information, published on our web site, in our buying guides
or in any other form or location. Data is constantly updated and therefore is
not necessarily accurate, current or complete.
Provision of the products, services, software and information is on an "as
is" basis. In particular Signs247 disclaims without limitation, warranties
of merchantability, fitness for purpose, non infringement
Tax
Value added tax will be charged, if applicable, at the rate ruling on the date
of supply whether or not included on the quote, order or invoice.
Preliminary Work
All work carried out, whether experimentally or otherwise, at customer's request
shall be charged.
Supply of Design Data
A charge may be made to cover any additional work involved where the design
data supplied or specified is not clear, legible, or in the prescribed format/specification
to produce satisfactory results.
Where design data is so supplied or specified, responsibility will not be accepted
for imperfect work caused by defects in the supply, format or specification.
Where we are aware defects in the data are so severe and cannot be remedied
we will halt further processing awaiting your instructions. The work to this
point will be chargeable. For guidelines and further details see our Buyers
Guide.
Proofs
Proofs of all work may be submitted for customer's approval and
we shall incur no liability for any errors not corrected and communicated by
the customer in proofs so submitted. Customer's alterations and additional proofs
necessitated thereby shall be charged extra.
Archived Designs
Designs are usually archived on CD-ROM so enabling us to reprint, amend or extract
data from previous orders. Retrieval and amendment of the designs is a chargeable
service. We make no guarantee that files will be archived.
Copyright
Unless negotiated and agreed in writing, the copyright of General
Artwork, Commissioned Artwork and Illustrations belongs to Signs247, except
where the whole printed product design is uploaded, transferred to us by the
customer or designed by the customer using our web design software - without
reference to any standard backgrounds, drag and drop items. The customer shall
be responsible for all the design data they supply. He/she should obtain the
necessary authority to reproduce picture, artwork, photographs, logos etc. The
customer will indemnify us and our agents from any claim arising thereof. Website
content (excepting previous), design, software are copyright Signs247 or its
partners. Reproduction of content (excluding that uploaded by the customer)
without our written permission is only allowed to the extent it is the result
of the proper use of the on line designer tool software, or capture of customer
related order information.
Company Imprint
Unless otherwise specifically requested in writing all designs
will carry our company imprint which will be positioned at our discretion.
Delivery and Payment
These delivery services rely on the customer not delaying the progression of
the order in any way, e.g. not supplying correct format artwork,not returning proofs on time or failing to make payment.
In such circumstances Signs247 will still make the premium surcharge, but will
not be bound by any guarantee. We entrust delivery of your goods to third party
carriers, whose services we select on the basis of value for money. Their performance
is carefully monitored and if we find they are falling short of their advertised
claims and the situation cannot be remedied we will cease to use their services.
The percentage of failures to successes in meeting service levels are contained
within reasonable limits and if your goods do not arrive on time this is a regrettable
but not usual event for which we will not be held liable.
All prices quoted for delivery will be based on delivery within mainland England, Wales & Scotland unless otherwise specified. Other Islands, ie. Isle of Man, Channel Islands and Scotish Highlands will be charged at International rate
a) Delivery of work shall be accepted when tendered and thereupon or , if earlier,
on notification that the work has been completed the ownership shall pass and
payment shall become due.
b) Unless otherwise specified the price quoted is for delivery of the work to
the customer' s address as set out in the order. A charge may be made to cover
any extra costs involved for delivery to a different address.
c) Should expedited delivery be agreed, extra may be charged to cover any overtime
or any other additional costs involved.
d) Should work be suspended at the request of or delayed through any default
of the customer for a period of 30 days we shall then be entitled to payment
for work already carried out, materials specially ordered and any other additional
costs including storage.
Variations in Quantity
Every endeavour will be made to deliver the correct quantity ordered, but estimates
are conditional upon margins for 5 per cent for work in one colour only and
10 per cent for other work being allowed for overs or shortage (4 per cent and
8 per cent respectively for quantities exceeding 50,000)
Claims
Advice of damage, delay or partial loss of goods in transit or
of non-delivery must be given in writing to us and the carrier within three
working days of delivery ( or in the case of non-delivery within 28 days of
despatch of the goods ) and any claim in respect thereof must be made in writing
to us and the carrier within seven clear days of delivery( or in the case of
non delivery, within 42 days of despatch ). All other claims must be made in
writing to us within 28 days of delivery. We shall not be liable in respect
of any claim unless the aforementioned requirements have been complied with
except 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.
Returns
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 goods that are made to the consumer’s specifications or are clearly personalised are excluded from the 30 days returns policy. A bespoke product can only be returned for a replacement product of the same specification. We reserve the right to deduct postage and packing costs from any refunds. Listings that include free postage and packing will be deducted from refunds at cost price.
Limitation of Liability
a) The sole liability of Signs247 in respect of any defect in, or failure of
any goods or services supplied or for any shortage in the quantity of goods
delivered or for any loss, injury attributable directly or indirectly thereto
(other than in respect of death or personal injury) is limited to i) making
good by replacement or ii) repairing defects or failures which under proper
use appear therein. b) Without prejudice to the foregoing, Signs247 shall in
no circumstances be liable - i) for any indirect or consequential loss (including
without limitation loss of production, loss of profit or liability to third
parties) suffered or incurred by the customer. ii) for any loss or damage in
excess of the contract price for the goods or part thereof in respect of which
a claim is made. We shall not be liable for any loss to the customer arising
from delay in transit of their goods
Customer's Property
a) Except in the case of a customer who is not contracting in the
course of a business or holding himself out as doing so, customer's property
and all property supplied to us by or on behalf of the customer shall while
it is in our possession or in transit to or from the customer be deemed to be
at customer's risk unless otherwise agreed and the customer should arrange insurance
accordingly.
b) We shall be entitled to make a reasonable charge for the storage of any customer's
property left with us before receipt of the order or after notification to the
customer of completion of the work.
Materials/Data Supplied by the Customer
a) We may reject any paper, plates, data, media or other materials supplied
or specified by the customer which appear to us to be unsuitable. Additional
cost incurred if materials are found to be unsuitable during production may
be charged
b) Responsibility will not be accepted for imperfect work caused by defects
in or unsuitability of materials so supplied or specified.
c) Quantities of materials supplied shall be adequate to cover normal spoilage.
Credit terms - For invoices not settled within the agreed credit terms, we reserve
the right to charge interest on the overdue debt at 2% above the HSBC Bank base
rate at the time and an administration fee to cover the debt recovery costs.
Insolvency
If the customer ceases to pay his debts in the ordinary course of business or
cannot pay his debts as they become due or being a company is deemed to be unable
to pay its debts or has a winding-up petition issued against it or being a person
commits an act of bankruptcy or has a bankruptcy petition issued against him,
we without prejudice to other remedies shall (I) 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 us, and
(ii) in respect of all unpaid debts due from the customer we have a general
lien on all goods and property of his in our possession (whether worked on or
not) and shall be entitled on the expiration of 14 days notice to dispose of
such goods or property in such manner and at such price as we think fit and
to apply the proceeds towards such debts.
Illegal Matter
a) We shall not be required to print or design any matter which
in our opinion is or may be of an illegal or libellous nature or any infringement
of the proprietary or other rights of any third party.
b) We 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 of or any other proprietary or personal rights contained in any
material printed for the customer. The indemnity shall extend to any amounts
paid on a lawyer's advice in settlement of any claim.
Full Colour Printing
Every effort will be made to obtain the best possible colour reproduction
on customer's work but because of the nature of the processes involved, we shall
not be required to guarantee an exact match in colour or texture between the
customer's photograph or transparency, monitor display - local or over the internet,
colour proof and the printed article.
Force Majeure
We shall be under no liability if we shall be unable to carry out any provision
of the contract for any reason beyond our control including (without limiting
the foregoing) Act of God, legislation, war, fire, flood, drought, failure of
power of 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 us elect to terminate the contract and
pay for work done and materials used but subject thereto shall otherwise accept
delivery when available.
Law
These conditions and all other express terms of the contract shall be governed
and construed in accordance with the laws of England