the complete graphic design service
THE GREEN PATCH DESIGN COMPANY
TERMS AND CONDITIONS
Acceptance of orders - a) Green Patch 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 Green Patch and any modification to these conditions will be binding
only if it is evidenced in writing signed by a partner 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/verbally is dispatched/conveyed 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 – Green Patch 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, information is on an "as is" basis.
In particular Green Patch 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, 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. This includes any incompatibility or defects caused by differing
software versions/ conflicting operating systems. All compatibility issues should
be addressed by the customer to Green Patch before proceeding with the order.
Any issues not addressed by the customer will not be the responsibility of
Green Patch should the final order not meet the customer’s satisfaction.
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.
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 and retrieval may take up to 7 working days if stored.
Copyright - Unless negotiated and agreed in writing, the copyright of General
Artwork, Commissioned Artwork and Illustrations belongs to Green Patch. 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 from any claim arising thereof.
Delivery and payment - Should we fail to dispatch within the agreed schedule, It is up to the discretion of Green Patch as to whether it sees fit to issue
compensation in the way of increasing the order quantity at no extra charge or
issuing any amount of refund. Green Patch uses a third party for all delivery
services, and as such cannot be held directly responsible
for any damages during transit, delay in meeting the agreed delivery schedule,
or loss of order. In such an event, Green Patch will not be held liable for any
damages or costs incurred, but will pass the details of the third party courier used onto the customer, so that the customer can then pursue the matter.
(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 customer to collect the
order from Green Patch. Delivery of the work to the customer' s address should
be set out in the order if required and may incur an extra cost.
(c) Should expedited delivery be agreed, extra may be charged to cover any overtime or any other additional costs involved.
(d) Should any part of an order be cancelled at any time, an administration
charge of 33% (or a minimum of £20) will be chargeable along with any
costs incurred by Green Patch.
work already carried out, materials specially ordered and any other additional
costs including storage.
Variations in quantity - Every endeavour will be made to provide the correct
quantity ordered, but estimates are conditional upon margins for 5 per cent for
work in black only and 10 per cent for other work being allowed for overs or
shortage (4 per cent and 8 per cent respectively)
Claims - Advice of damage, delay or partial loss of goods in transit or of nondelivery 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 dispatch of the
goods). All other claims must be made in writing to us within 28 days of delivery.
Limitation of Liability - a) The sole liability of Green Patch in respect of any defecting, 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, Green Patch 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
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.
Overdue Payments - If payment is not received within the agreed terms,
Green Patch will instruct their solicitors to recover the amount due. The solicitors
costs plus a £50.00 admin charge will be added to the amount due along with
any interest accrued as in section (c)
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 libelous 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 libelous 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.
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 colour consistency
throughout a quantity or 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.