Please note before you read these Terms & Conditions:
Schedule 1 of these terms and conditions apply to display and exhibition products and services.
Schedule 2 of these terms and conditions apply to paper and card products and services
Both Schedule 1 and 2 should be read in conjunction with our delivery terms and conditions, which can be read here
Standard Terms and Conditions
These standard terms and conditions (“the conditions”) shall apply to all contracts for goods and services between Project Design Print Ltd (“the company”) and any person or Company who accepts the quotation for the goods or services which the Company is to supply in accordance with these conditions (“the buyer”), unless other terms and conditions signed by the director on behalf of the Company and referring specifically to the terms and conditions to be amended.
The terms and conditions relating to display and exhibition products and services should be read in conjunction with our delivery terms and conditions which can be read here
“The Goods” means any goods supplied by the Company to the Purchaser in accordance with the order confirmation of the Company, which is accepted by the Buyer, or any written order of the Buyer, which is accepted by the Company. “Contract” means the contract for the purchase and sale of the Goods entered into between the Company and the Buyer.
S1.1 The Company shall sell and the Buyer shall buy the Goods subject in either case to the Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
S1.2 The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification and information on intended usage) submitted by the Buyer, and for giving the Company any necessary information relating to the Goods.
S1.2.1 No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnify the Company in full against all loss (including loss of profit), costs (including the costs of all labour and materials used), damages, charges and expenses incurred by the company as a result of cancellation.
S1.3 The price of the Goods shall be the Company’s quoted price contained in the order confirmation and except as otherwise stated under the terms of any quotation or in any price list of the Company, and unless otherwise agreed in writing between the Buyer and the Company, all prices are given by the Company on an ex-works basis, and where the Company agrees to deliver the Goods otherwise than at the Company’s premises, the Buyer shall be liable to pay the Company’s charges for transport packaging and insurance, if applicable.
S1.3.1 All prices are exclusive of any applicable Value Added Tax, which the Buyer shall be additionally liable to pay to the Company.
S1.4 Subject to any special terms agreed in writing between the Buyer and the Company, the Company shall be entitled to invoice the Buyer for the price of the Goods at the of time of order and before delivery of the Goods.
S1.4.1 The Company reserves the right to request a 50% deposit, payable at the time of ordering (inclusive of VAT and delivery charges).
S1.4.2 The Buyer shall pay the price of the Goods in full before any goods shall be despatched. The time of payment of the price shall be the essence of the contract. Any queries arising from an invoice must be advised within 14 days.
S1.4.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
S220.127.116.11 cancel the contract or suspend any further deliveries to the Buyer.
S18.104.22.168 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Company) as it may think fit (notwithstanding any purported appropriation by the Buyer
S22.214.171.124 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 8% per annum above Santander UK Plc. base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
S126.96.36.199 take any necessary action for the recovery of late debts, by either using a recovery agent or by issuing a County Court Summons. Charges will be incurred by the debtor in both instances.
S1.5 Risk of damage to or loss of the Goods shall pass to the Buyer, immediately upon the Goods leaving the Company’s premises or place of storage for shipment to the Buyer. The Company is not responsible for damages or shortages that occur in transit.
S1.5.1 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Company has received cleared funds as payment in full of the price of the Goods and all other Goods agreed to be sold by the Company to the Buyer for which payment is then due.
S1.6 Subject to the conditions set out below the Company warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of either 1 year, 5 year or lifetime (as per original specification and guarantee terms) from the date of their initial use or from delivery, whichever is the first to expire. Proof of purchase date may be required.
S1.6.1 the above warranty is given by the Company subject to the following conditions;
S188.8.131.52 The Company shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Company’s approval;
S184.108.40.206 the Company shall be under no liability under the above warranty (or any other warranty or guarantee) if the total price for the Goods has not been paid by the due day for payment.
S1.6.2 Subject as expressly provided in the Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute, or common law are excluded to the fullest extent permitted by law.
S1.6.3 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements Order 1976) the statutory rights of the Buyer are not affected by the Conditions.
S1.6.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Company within five days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Company accordingly the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
S1.6.5 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet to specification is notified to the Company in accordance with the Conditions, the Company shall be entitled to replace or
correct the Goods (or the part in question) but the Company shall have no further liability to the Buyer.
S1.6.6 Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other terms or any duty common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with supply of the Goods of their use or resale by the Buyer, except as expressly provided in these conditions.
S1.6.7 The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligation in relation to the Goods, if the delay or failure was due to any cause beyond the Company’s reasonable control.
S1.7 This clause applies if;
S1.7.1 the Buyer makes any voluntary agreement with its creditors or becomes subject to an Administration Order or (being an individual or firm) becomes bankrupt or (being a Company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
S220.127.116.11 an Encumbrancer takes possessions, or Receiver is appointed, of any of the property or assets of the Buyer; or
S18.104.22.168 the Buyer ceases, or threatens to cease, to carry on business; or
S22.214.171.124 the Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Buyer and notified the Buyer accordingly.
S1.7.2 If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Company, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
S1.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
S1.8.1 No waiver by the Company of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
S1.8.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
S1.8.3 The Contract shall be governed by the laws of England.
The terms and conditions relating to paper and card products and services should be read in conjunction with our delivery terms and conditions which can be read here
S2.1 Goods means the articles or things described in the Contract between Project Design Print Ltd and the Purchaser.
S2.2 These conditions shall be deemed to be incorporated in all Contracts of Project Design Print Ltd to sell goods and in the case of any inconsistency with any order or form of contract sent by the Purchaser to Project Design Print Ltd whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of Project Design Print Ltd.
S2.3 Notwithstanding that Project Design Print Ltd
may have given a detailed quotation no order shall be binding on Project Design Print Ltd unless and until it has been accepted in writing by Project Design Print Ltd.
S2.4 Any times or dates given for completion or delivery of goods shall be binding on Project Design Print Ltd, insofar as Project Design Print Ltd undertake to carry out additional work for the Purchaser to the value of the print element of any goods not supplied. Such liability shall not extend to delays beyond the control of Project Design Print Ltd including, without prejudice to the generality of the foregoing defects in files or omissions of information, delays in approval of proofs, the non-performance of carriers, slow drying of paper and card stock, exceptional weather events and other force majeure.
S2.5 By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
S2.6 All goods shall be paid for at the time of order.
S2.6.1 No goods shall be despatched until paid for in full.
S2.6.2 All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
S2.7 Any shortcomings or defects in goods supplied must be notified to Project Design Print Ltd within 3 days of delivery. Such goods must be returned to Project Design Print Ltd for inspection.
S2.7.1 Nothing herein shall impose any liability upon Project Design Print Ltd in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing, handling and storage of the goods, errors in the original files.
S2.7.2 Nothing herein shall have the effect of excluding or restricting the liability of Project Design Print Ltd:
S126.96.36.199 For death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or;
S188.8.131.52 Under sections 12,13,14 and 15 of the Sale of Goods Act 1979 to a Purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977).
S2.8 Project Design Print Ltd shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
S2.9 The liability of Project Design Print Ltd to the Purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods.
Project Design Print Ltd work hard to ensure the printing we supply is perfect. In the unlikely event of work being unacceptable due to a shortcoming at Project Design Print Ltd then we will urgently reprint or otherwise make the job good. Project Design Print Ltd will not reprint & credit the same job.
S2.10 If the Purchaser shall be in breach of any of their obligations under the Contract Project Design Print Ltd may (without prejudice to Project Design Print Ltd’s rights subsequently to determine the contract for the same cause should it so decide) suspend further deliveries of goods without notice until any defaults by the Purchaser are remedied.
S2.11 No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of Project Design Print Ltd shall be construed to enlarge, vary or override in any way these conditions.
S2.12 Any concessions made or latitude allowed by Project Design Print Ltd to the Purchaser shall not affect the strict rights of Project Design Print Ltd under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract the other conditions shall continue in full force and effect.
S2.13 Upon sight of artwork and at its sole discretion Project Design Print Ltd reserve the right to decline to print any item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full.
S2.14 In accordance with the Project Design Print Ltd stated “Green Policy” jobs will always be printed with minimal overs. On occasions this may lead to a shortfall. Any such shortfall up to 10% will be remedied by a pro-rata credit against future orders rather than making up the deficit.
S2.15 The Contract shall in all respects be governed by English law and shall be deemed to have been made in England and the Purchaser and Project Design Print Ltd agree to submit to the nonexclusive jurisdiction of the English courts.
S2.16 Any print promotion offered by Project Design Print Ltd applies to our standard product range only and not to bespoke product requests or orders.
S2.17 Project Design Print Ltd cannot take responsibility for damaged goods or short deliveries on consignments (missing boxes) which have been accepted and signed for as being complete or in good condition on delivery.