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Trading Terms and Conditions...

APPLICATION OF THESE TERMS AND CONDITIONS These Terms and Conditions apply to all supplies of goods and/or services or any part of either of them provided by Print Solutions Epsom to the Client unless otherwise agreed in writing by a duly authorised representative of Print Solutions Epsom.

LIMITATION OF LIABILITY As with all businesses we have to take account of things going wrong. Accordingly these terms and conditions do limit our liability in such events. It is important that you read and understand the limitations of liability contained in these Terms and Conditions.

TERMINOLOGY Print Solutions Epsom (the Company) is hereby referred to as ‘PSE’ in the following Terms and Conditions. Business Client (a Client who is dealing with Print Solutions Epsom in the course of its business) is hereby referred to as ‘the Business Client’ in the following Terms and Conditions. Consumer Client (a Client who is dealing with Print Solutions Epsom as a layperson) is hereby referred to as ‘the Consumer Client’ in the following Terms and Conditions.

1. QUOTATIONS (A) Any quotation given by PSE will only be binding if given in writing on PSE note paper by an employee of PSE, and the quotation has not expired. A written quotation will be based on samples and materials provided and on the basis of instructions given by the Client. PSE reserves the right to amend any such quotation to reflect any incomplete, inaccurate or changed instructions or samples or materials given by the Client. Any verbal quotation is an estimate only and will not be binding unless and until confirmed by PSE in writing. Any quotation is valid for a period of 14 days only from its date of issue by PSE (provided that PSE has not previously withdrawn it and subject to the provisions of condition 4 below) and shall be deemed to be an offer by PSE to provide goods and/or services upon these terms and conditions to the Client. Any order made in respect of a written quotation shall be deemed to be an acceptance of the offer set out in that written quotation by the Client. (B) The Client must ensure that any quotation it wishes to accept, its order and any applicable specification are complete and accurate. (C) (i) Subject to condition 4(B) a Business Client may not cancel an order which PSE has accepted except with the agreement in writing of PSE, and any Client cancelling any order hereby agrees to indemnify PSE in full against all losses (including loss of profits) costs (including the costs of all labour and materials used until the date of cancellation), damages, charges and expenses incurred by PSE as a result of the cancellation. (ii) PSE may cancel an order at any time prior to delivery upon notice to the Client whereupon a refund of any monies paid for the relevant goods and/or services will be made.

PRICE (D) The price payable will (subject to condition 2 below) be as stated in PSE’s written quotation and/or the order as accepted. (E) The price payable (unless specifically stated otherwise) is exclusive of: (i) any costs of packaging and carriage of goods (ii) any value added tax or other applicable sales tax or duty, which shall be added to the sum in question.

PRELIMINARY or PREPARATORY WORK (F) For the avoidance of doubt, all works, services or goods supplied at the Client’s request including work and/or services of a preliminary or preparatory nature unless specifically stated otherwise are provided on the basis that they will be charged for.

2. PRICE VARIATIONS (A) If there is any increase or decrease in the cost to PSE in providing/fulfilling the order due to: (i) any factor beyond the reasonable control of PSE; this includes (without limitation) increase in the cost of materials and other production costs; (ii) any change in delivery, dates, quantities or specifications for the order requested by the Client; (iii) any delay caused by any instructions of the Client or failure of the Client to give PSE adequate information or instructions or a failure by the Client to take delivery; (iv) any corrections, amendments and alterations in style or content to material provided by the Client, other than typographical errors of PSE, and for additional proofs necessitated thereby; (v) additional costs incurred as a result of materials provided by the Client proving unsuitable, the price/quotation shall be recalculated to take account of the resulting increased or decreased cost of meeting/fulfilling the order. (B) Notwithstanding the provisions of 2(A) above: (i) in the case of Business Clients, PSE shall seek to notify the Client of the amount of any increase as soon as practically possible. The Client shall have the right to cancel the Order if the reason for the price increase is as set out in paragraph 2(A)(i) above and the price is increased by more than 10% provided that notice of cancellation is given by the Client as soon as possible after notification of such increase, but the Client shall pay PSE on a pro-rata basis calculated on the basis of the costs and fees originally agreed for any part of the works which have been completed at the time of the cancellation of the order. If the reason for the increase is as set out in paragraph 2(A)(ii), (iii), (iv) or (v) above the Client may cancel if the price increase is more than 20% and the pro rata costs to be paid by the Client shall be calculated on the basis of the increased costs: and (ii) in the case of all Consumer Clients, the relevant price/quotation shall only be adjusted upwards if, before PSE has incurred the additional cost, it has notified the Client in writing of any increase and has given the Client the right to withdraw from the order within three days of receipt of such notice, in default of which it shall be deemed to have accepted the revised price and PSE shall be entitled to invoice the Client for all works, services or supplies carried out and/or made before the date of such cancellation.

3. PROOFS and ERRORS Proofs are available for the Client’s approval on request. No responsibility or liability will be accepted by PSE for: (i) any errors not corrected by the Client after inspecting the proofs, or where the Client declines to make such request; or (ii) any work for which the Client has given instructions which requires or allows PSE to exercise a degree of artistic licence; and the Client shall not be entitled to reject such work although PSE shall rectify any such error at the Client’s cost.

4. DELIVERY, PAYMENT AND RISK (A) Delivery of goods and/or provision of services shall be made at PSE premises or such other place as agreed by the parties in writing. The Client will take delivery of the goods and/or services within 7 days of PSE giving it notice that the goods and/or services are ready for delivery/completed. (B) Any dates specified by PSE for delivery of the goods or performance of the services are approximate only and may not be made of the essence unless specifically agreed by PSE as such in writing. If no dates are specified, delivery will be within a reasonable time limit.

IMPORTANT (C) Subject to the other provisions of these conditions PSE shall have no liability to the Client for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of goods and/or provision of services (except in the case of Consumer Clients if caused by PSE’s negligence or breach of contract) or in the case of Business Clients the delay has been caused by PSE’s failure to use its reasonable commercial endeavours to comply with the delivery dates specified by the Client. (D) In the case of Business Clients, any delay or failure in delivery or performance will not entitle the Client to cancel the order unless and until the Client has given 7 days prior written notice to PSE requiring delivery or performance to be made within a reasonable period (and in the case of Consumer Clients if they have given reasonable notice to PSE requiring delivery or performance to be made within a reasonable period) and PSE has not fulfilled the delivery or performed within that period. If the Client cancels the order in accordance with this condition 4(D) then: (i) PSE will refund to the Client any sums which the Client has paid to PSE in respect of that order (or part order) which has been cancelled; (ii) the Client will be under no liability to make any further payments under condition 4(F) in respect of the order (or part order) which has been cancelled. (E) If the Client fails to take delivery of goods when they are ready for delivery or to provide any instructions, documents or authorisations required to enable the goods to be delivered on time (except where PSE are at fault) risk in goods will pass to the Client and the Client hereby agrees to fully insure the same, the goods will be deemed to be delivered and (without prejudice to its other rights) PSE may store or arrange for the storage of the goods until actual delivery and charge the Client for all related costs and expenses (including, without limitation, storage and insurance) it incurs. (F) PSE may invoice the Client: (i) for goods and/or services provided when or at any time after notifying the Client that the goods are ready for delivery; (ii) for services provided on or at any time after performance of the service commences; (iii) notwithstanding the provisions of 4(F)(i) and (ii), in the event that an order is suspended or delayed as a result of any act or omission on the part of the Client for a period in excess of 30 days, for any part of the order which has been processed/delivered and/or performed. (G) Payment is due in pounds sterling, or such other currency agreed in advance by PSE in writing, immediately after issue of such invoice and PSE shall be entitled to recover the payment notwithstanding delivery may not have taken place and legal title has not passed to the Client (except in the case of approved credit account Clients with whom alternative arrangements have been agreed in writing by PSE). Time of payment shall be of the essence. (H) For Business Clients PSE may deliver goods in separate instalments and/or perform any service in stages. Each separate instalment or stage shall be invoiced and paid for in accordance with the provisions of these terms and conditions. Each instalment or stage shall be a separate contract and no cancellation or termination under clause 4(D) of any one contract relating to an instalment or stage shall entitle the Client to repudiate or cancel any other contract, instalment or stage. (i) All sums payable to PSE under any order shall become due immediately upon termination/cancellation of the order. (J) All payments to be made by the Client under the order shall be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim. (K) If the Client fails to make any payment when payment is due then without prejudice to any other right or remedy available to PSE, PSE shall be entitled to: (i) cancel the order or suspend performance of the order (ii) appropriate any payment made by the Client as PSE may think fit (notwithstanding any purported appropriation by the Client) (iii) charge the Client with all costs and expenses involved in collecting the overdue payment together with interest (both before and after any judgement) on the amount unpaid at the rate of 2% per month above Barclay’s Bank plc base rate or such higher rate as provided for by legislation from the due date until payment is made in full (part of a month being treated as a full month for the purpose of calculating interest) (iv) sell all items held by PSE and which belongs to the Client; (L) Legal title in the Goods shall not pass to the Client until PSE receives payment in full (in cash or cleared funds) of all sums whether in respect of the goods, services or otherwise due owing or incurred including VAT. Until the legal title passes the Client shall hold the goods on a fiduciary basis as PSE’s bailee and shall store the goods (at no cost to PSE) separately from all other goods of the Client or any third party in such a way that they remain readily identifiable as PSE’s property. Where the Client’s right to possession has terminated the Client grants PSE, its agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored to recover them. On termination of the contract, howsoever caused, PSE’s (but not the Client’s) rights contained in this condition 4 shall remain in effect.

5. WARRANTY (A) Where PSE is not the producer of the goods ordered or provider of the ordered services PSE will endeavour to transfer to the Client the benefit of any warranty or guarantee given to PSE. (B) PSE warrants that (subject to the other provisions of these terms and conditions) upon delivery; (i) any goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1994; (ii) any services will be performed by appropriately qualified and trained personnel, with reasonable care and diligence. (C) The Client warrants to PSE that it owns all materials provided to PSE and all intellectual property rights in them and that the materials provided by the Client do not infringe any intellectual property rights of any third party and would not, if used in or in relation to the sale of any material to be produced by PSE or the provision of any service infringe any intellectual property rights of any third party.

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