Our Sales Terms and Conditions
- Basis of Contract: All offers given, orders accepted
and supplies of Goods made by The Print Environment are subject to these
Conditions which shall prevail over any conditions relied on by Customer.
- Orders: All orders are made subject to acceptance
by the Customer of these terms & conditions. Fulfilment of
orders is subject to stock availability and acceptance of your order
by The Print Environment. The Print Environment is under no obligation
to fulfil your order.
- Quotations: All quotations are valid for 30 days and
are subject to withdrawal without notice at any time prior to acceptance.
Acceptance of any quotation is conditional upon The Print Environment’s
acknowledgement of order.
- Recommendations: Recommendations, technical data or
advice relating to the Goods or their use are not binding on The Print
Environment unless confirmed in writing by The Print Environment. All
guidance notes (whatever format or medium) provided by The Print Environment in
relation to the Goods are provided for information purposes only and
relate solely to Goods supplied by The Print Environment . Such notes
have not been prepared to meet the application requirement of the Customer
unless expressly stated in writing by an authorised representative of
The Print Environment. The exclusions of warranty and liability set out
in clauses 10 and 12 apply to such guidance notes.
- Prices: Prices are in UK £ and are quoted exclusive
of VAT. All prices are subject to alteration without notice and
are exclusive of any applicable excise, sales, use and similar taxes,
which the Customer shall be liable to pay unless the Customer provides
The Print Environment with a valid tax exemption certificate.
- Price Increases: The Print Environment may increase
the price of any Goods to reflect any increase in cost of supplying the
Goods which is beyond the control of The Print Environment.
- Price & Delivery: The price of the Goods excludes
delivery costs. No responsibility is accepted by The Print Environment
for failure to do deliver the Goods within the delivery period. The Print
Environment may deliver in more than one shipment. If Customer does not
take delivery of the Goods or give The Print Environment adequate delivery
instructions then The Print Environment may store the Goods until actual
delivery and charge the Customer for any reasonable costs (including
insurance) of storage. The Print Environment will not ship
to a P.O. Box address. Next Day delivery is subject to receipt
of an order by 2.00pm on a normal working day (Mon-Fri). Next day
delivery means next working day delivery and does not apply to weekends
or public holidays.
- Customer Payments: The Customer shall pay all invoices
within 30 days, unless the stated invoice terms differ. In the
event of differing invoice terms the Customer shall comply strictly with
the stated invoice terms. In addition to any other rights it may
have, The Print Environment may charge the Customer interest on any amount
which is not paid on the due date at the rate of 4% above the base rate
of the Bank of England. If you are a VAT registered company The
Print Environment will supply you with a full VAT invoice to enable you
to reclaim the VAT back.
- Cancellation of Orders: Where an order is cancelled
less than 90 days before the date of shipment, the Customer shall pay
an additional amount equal to 35% of the total value of the order as
a reasonable estimate of damages.
- Warranty: The Print Environment warrants that the
Goods will be free from defects in material and workmanship for a period
of 12 months from delivery. This warranty is subject to the following
conditions: (i) notification must be given to The Print Environment of
the warranty breach within 14 days of it becoming apparent, (ii) the
defective Goods must be packaged and returned to The Print Environment carriage
paid, with a description of the defect, (iii) the Goods must not have
been (unless carried out or recommended by The Print Environment ) altered,
subjected to voltages or currents higher than those specified, incorrectly
maintained or improperly connected or installed. The warranty does not
cover accuracy of calibration after the Goods have been put to use nor
any impairment after excessive exposure to chemical contamination or
abuse (for Goods incorporating carbon filters, “excessive” depends upon
time of exposure). This warranty shall be the extent of The Print Environment’s
liability for defective Goods. The use of 3rd party ink products may
invalidate warranties on certain inkjet printers and incur additional
part and service costs.
- Consumable Items: As certain items supplied
by The Print Environment are deemed to be consumable items, such as ink
cartridges, they are only designed to function in the normal behaviour
for such products and will of course ultimately stop functioning when
they run out. The guarantees exclude faults caused by accident,
neglect or misuse of the goods. Where a manufacturer’s guarantee
is offered with any product, it is additional to this guarantee.
- Breach of Warranty: On receiving notice under
clause 10, The Print Environment will replace the defective Goods. All
other implied warranties or conditions are excluded to the fullest extent
permitted by law and The Print Environment will not be liable to the
Customer for any loss of any kind which arises out of the breach of implied
warranties or conditions or breach of any other duty of any kind imposed
on The Print Environment by operation of law.
- Liability: The Print Environment will not be liable
for any consequential or indirect loss or damage or any damages, costs,
loss of earnings/sales or expenses payable by the Customer to any third
party which may arise. Nothing in these Conditions shall be deemed to
exclude liability for death or personal injury caused by The Print Environment’s
negligence. In no circumstances shall The Print Environment’s liability
exceed the total amount paid by the Customer to The Print Environment
under this Contract.
- Third Party Products: In respect of Goods supplied
by The Print Environment which are not manufactured by The Print
Environment or are developed/constructed to the Customer’s
specification, The Print Environment does not warrant that the
design or use will not infringe any third party intellectual property
rights (IPR) and shall not be liable in respect of them and the Customer
shall indemnify The Print Environment for any loss or damage suffered
by The Print Environment in connection with any claim by any third
party that such specification infringes its IPR. The Print Environment
shall not be liable for any loss, damage or delays caused by any circumstance
beyond The Print Environment’s reasonable control.
- Customer Supplied Goods: Customer’s goods and materials
are accepted by The Print Environment at the Customer’s own risk. The
Print Environment shall not be liable for any loss, damage or delays
caused by any circumstance beyond The Print Environment’s reasonable
control. Goods and materials supplied by the Customer which are
of a sensitive nature or which have been deemed to be subject to restricted
use should be advised in writing to The Print Environment prior to supply.
- Intellectual Property Rights (IPR): All IPR relating
to the Goods is and shall remain the property of The Print Environment.
- IPR Infringements: The Print Environment may at its
own expense take over at any stage the defence of any proceedings brought
against the Customer which claim that the Goods infringe any third party
IPR. The Customer shall notify any such claim promptly to The Print Environment
and shall give The Print Environment authority, information and assistance
for the defence of the same. The Print Environment shall pay all damages
and costs awarded in such proceedings against the Customer and shall
be entitled to all damages and costs awarded in favour of the Customer.
If the Goods are held to infringe The Print Environment may do one of
the following: (i) procure for the Customer the right to continue using
the Goods; (ii) replace the Goods with comparable non-infringing items;
(iii) modify the Goods so they become non-infringing; or (iv) accept
the return of the Goods and refund to the Customer the price less a fair
and reasonable rental. This Clause 17 states the entire liability of
The Print Environment for any such alleged IPR infringement.
- Exported Goods: Where the Goods are to be exported,
payment will be made in pounds sterling in England. The Customer will
establish in favour of The Print Environment an irrevocable letter of
credit in English confirmed by a UK clearing bank payable on drafts drawn
at sight upon presentation to the bank of a certified copy of our invoice.
Such letter of credit shall be established at least 30 days prior to
anticipate shipment date and shall cover the full price of the Goods
(including applicable taxes). The letter of credit shall be transferable.
The Goods will be sold FOB or CIF (Incoterms 1990) at The Print Environment’s
option and The Print Environment will not have to give notice as specified
in s. 32(3), Sale of Goods Act 1979.
- Confidentiality & Non Disclosure: The Parties
agree that all drawings, plans, designs, technical information and data
(‘Information’) received by either party from the other shall be treated
as confidential and the receiving party shall use at least the same degree
of care to keep confidential the Information as it uses to protect its
own similar information. The receiving party agrees not to use or disclose
the Information except as may be necessary for the performance of its
obligations under this Contract. This commitment shall terminate 7 years
from the date of receipt. This commitment does not apply to the Information
which (i) is or becomes through no fault of the receiving party generally
known or available; (ii) is known to the receiving party at the time
it receives same; (iii) is given to others by the disclosing party without
restriction on disclosure; or (iv) is given to the receiving party by
a third party without restriction on disclosure.
- Risk & Title to Goods: Risk in the Goods shall
pass to the Customer on delivery. The Print Environment retains title
to the Goods until all sums due on any account from the Customer to The
Print Environment have been received by The Print Environment and become
cleared funds. Until title passes to the Customer, the Customer will
hold the Goods in a fiduciary capacity, will keep the Goods separate
from any other goods and properly stored, protected and insured and identified
as the property of The Print Environment. The Customer may sell the Goods
on behalf of The Print Environment on reasonable commercial terms and
the Customer shall pay the proceeds of any such sale equivalent to the
invoice value of the Goods into a separate bank account clearly denoted
as an account containing moneys deposited for the benefit of The Print
Environment and Customer shall supply details of the account to The Print
Environment. Such right will cease upon termination of this Contract.
The Print Environment may at any time after payment has become due enter
the premises where the Goods are reasonably thought to be stored and
take possession of the Goods.
- Termination of Contract: The Print Environment may
terminate the Contract immediately if the Customer has insolvency or
bankruptcy proceedings instituted against it, has a receiver, manager,
administrator or administrative receiver appointed over any of its assets
or suffers a similar occurrence in any jurisdiction; or the Customer
breaches the Contract. Under the terms of this contract, the Customer
deems The Print Environment to be a preferential creditor. The termination
of the Contract will be without prejudice to the rights and duties of
either party accrued prior to termination.
- Severance: If any of these conditions is held by any
competent authority to be unlawful, invalid or unenforceable in whole
or in part then the validity of the other provisions of these conditions
and the remainder of the provision in question shall not be affected
thereby and shall continue to be valid and enforceable to the fullest
extent permitted by law.
- Law & Jurisdiction: The Contract shall be under
English Law and the parties submit to the non-exclusive jurisdiction
of the English Courts.
- Assignment: The Customer shall not assign or sub-contract
its obligations under the Contract without The Print Environment’s prior
consent in writing.
Non Waiver: Failure or neglect by The Print Environment
to enforce at any time any of these Conditions shall not be a waiver of The
Print Environment’s rights and it shall not affect the validity of the whole
or any part of these Conditions or prejudice Customer’s right to take subsequent
action.