In these Conditions, the following definitions apply:
Conditions: the terms and conditions set out in this document.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer's order for the Goods, as set out via upload images for canvas printing or email for general printing
Supplier: The King Edmund School trading as crownprinters.co.uk
2. BASIS OF CONTRACT
(a) The Supplier contracts for the supply for goods and/or services only subject to the Conditions and the Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Conditions.
(b) The Conditions herein constitute the entire agreement between Crownprinters.co.uk to the exclusion of any other terms that the customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
(c) Any modification to these conditions will be binding only if it is evidenced in writing signed by a director of The King Edmund School and such evidence contains specific evidence to those conditions being modified.
3. ACCEPTANCE OF ORDERS
(a) The Customers order constitutes an offer by the Customer to purchase goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of his order are complete and accurate.
(b) Acceptance of the customers order takes place when an order confirmation is despatched to the customer, or preliminary work is undertaken on the customer’s instructions, at which point the Contract shall come into existence.
(c) We reserve the right to decline any order without giving any reason.
(d) Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s website catalogues or brochures are produced for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the Contract or have any contractual force.
(a) The Supplier warrants that on delivery the Goods shall:
(i) conform in all material respects with their description;
(ii) be free from material defects in design, material and workmanship;
(iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(iv) be fit for any purpose held out by the Supplier.
(b) Subject to clause 5(c), if:
(i) the Customer gives notice in writing to the Supplier within 28 days of delivery that some or all of the Goods do not comply with
the warranty set out in clause 5(a);
(ii) the Supplier is given a reasonable opportunity of examining such Goods; and
(iii) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer's cost,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
(c) The Supplier shall not be liable for Goods' failure to comply with the warranty set out in clause 5(a) in any of the following events:
(i) the Customer makes any further use of such Goods after giving notice in accordance with clause 5(b);
(ii) the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, commissioning, installation,
use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
(iii) the defect arises as a result of the Supplier following any drawing, design or materials supplied by the Customer;
(iv) the Customer alters or repairs such Goods without the written consent of Crownprinters.co.uk; or
(v) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
(d) Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the
warranty set out in clause 5(a).
(e) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
(f) These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
Value added tax will be charged, if applicable, at the rate ruling on the date of purchase. VAT is charged on some printed materials but not all. Where indicated prices include VAT but please ask our advice if you are unsure. More information can be found at https://www.gov.uk/vat-businesses
6. PRELIMINARY WORK
All work carried our, whether experimentally or otherwise, at the eCustomer’s request shall be charged.
7. SUPPLY OF DESIGN DATA
(a) 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.
(b) Where the design data so supplied or specified is in the condition described in clause 8(a) the Supplier shall not be liable for Goods' failure to comply with the warranty set out in clause 5(a). This includes where any incompatibility or defects are caused by differing software versions/conflicting operating systems. All compatibility issues should be addressed by the Customer to the Supplier before proceeding with the order. Any issues not addressed by the customer will not be the responsibility of the Supplier should the final order not meet the eCustomers satisfaction.
(c) Where the Supplier is aware that defects in the data are so severe and cannot be remedied it will halt further processing awaiting the Customer’s instructions. The work to this point will be chargeable.
As the Supplier only prints from “Customer ready Artwork”, no proofs will be supplied, unless specifically requested and will then incur a cost, which will reflect the proof supplied.
9. ARCHIVED DESIGNS
Designs are usually archived on CD-ROM so enabling the Supplier to reprint, amend or extract data from previous orders. Retrieval and amendment of the designs is a chargeable service. The Supplier make no guarantee that files will be archived and retrieval may take up to 14 working days if stored.
(a) Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belongs to the Supplier,
except where the whole printed product design is uploaded, transferred to us by the Customer or designed by the Customer.
(b) The eCustomers shall be responsible for all the design data they supply. He/she should obtain the necessary authority to reproduce picture, artwork, photographs, logos etc.
(c) The Customer shall indemnify Crownprinters.co.uk against all liabilities, costs, expenses, damages and losses (including any direct, indirect or
consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses)
suffered or incurred by Crownprinters.co.uk in connection with any claim made against them for actual or alleged infringement of a third party's
intellectual property rights arising out of or in connection with design data supplied by the customer. This clause shall survive termination of the Contract.
11. COMPANY IMPRINT
Unless otherwise specifically requested in writing all designs will carry the Supplier’s imprint which will be positioned at its discretion.
12. DELIVERY AND PAYMENT
Should the Supplier fail to despatch within the agreed limits, it is up to the discretion of the Supplier as to whether it seems fit to issue compensation in the way of increasing the order quantity at no extra charge or issuing any amount of refund. The Supplier 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, the Supplier 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 from reciept of order and thereupon or, if earlier, on notification that the work has been completed the ownership
shall pass and payment shall become due.
(b) Provided it is set out in the Order, the Supplier shall arrange delivery of the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready. If no provision is made in the Order the Customer shall collect the Goods from the Supplier’s premises at Vaughan Close, Rochford, Essex within 3 working days of the Supplier notifying the Customer that the Goods are ready.
Delivery of the work to the customer’s address may incur extra costs.
(c) Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
(d) If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
(e) If the Customer fails to take delivery of the Goods within three working days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract:
(i) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third working day after the day on which the Supplier
notified the Customer that the Goods were ready; and
(ii) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
(f) If 21 working days after the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken
delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods.
(g) The Customer shall not be entitled to reject the Goods if the Supplier delivers, for work in black only, up to and including 5% more or less than the quantity of Goods ordered, and for other work up to and including 10% more or less than the quantity of Goods ordered for overs or shortage
(4 per cent and 8 per cent respectively).
(h) The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract.
Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
13. TITLE AND RISK
(a) The risk in the Goods shall pass to the Customer on completion of delivery, or if earlier, on notification that the work has been completed.
(b) Title to the Goods shall not pass to the Customer until the Supplier has received payment in full for the Goods.
(c) If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 20, or the Supplier reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
(d) Except in the case of a Customer who is not contracting in the course of a business or holding himself out as doing so, the Customer’s property and all property supplied to the Supplier by or on behalf of the Customer shall while it is in the Supplier’s 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.
14. PRICE AND PAYMENT
(a) The price of the Goods shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier's published price list
in force as at the date of delivery.
(b) The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.
(c) The price of the Goods is exclusive of amounts in respect of value added tax (VAT). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
(d) Should expedited delivery be agreed, extra may be charged to cover any overtime or any other additional costs involved.
(e) Should any part of any 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 the Supplier.
(f) Should work be suspended as the request of or delayed through any default of the Customer for a period of 14 days the Supplier shall be entitled to
payment for work already carried out, materials specifically order and any other additional costs including storage.
(g) The Supplier shall be entitled to make a reasonable charge for the storage of any Customer’s property left with it before receipt of the
Order or after notification to the Customer of completion of the work.
(h) The Supplier may invoice the Customer for the Goods on or at any time after the completion of delivery.
(i) The Customer shall pay the invoice in full and in cleared funds within 20 working days of the date of the invoice. Payment shall be made to the bank account nominated in writing by the Supplier. Time of payment is of the essence.
(j) If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment (due date), then the Customer shall pay interest on the overdue amount at the rate of 2% per annum above the Royal Bank of Scotland's base rate from time to time as well as an administration fee to cover the debt recovery costs. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
(k) If payment is not received within the agreed terms, Crownprinters.co.uk 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.
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). All other claims must be made in writing to us within 28 days of delivery.
16. LIMITATION OF LIABILITY
(a) Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(ii) fraud or fraudulent misrepresentation;
(iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(iv) defective products under the Consumer Protection Act 1987; or
(v) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
(b) Subject to clause 16(a):
(i) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract, or for any loss arising from delay in transit of their goods;
(ii) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods and is limited to:
(A) making good by replacement or
(B) repairing defects or failures which under proper use appear therein.
17. 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 founds 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.
18. CUSTOMER’S INSOLVENCY
(a) If the customer ceases, or threatens to cease, to pay its debts as they fall due or admits inability to pays its debts 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 is subject to a bankruptcy petition or order, the Supplier without limiting
any other right or remedy available may:
(i) cancel or suspend all further deliveries under any contract between Crownprinters.co.uk and the customer without incurring any liability to the customer, and all outstanding sums in respect of Goods delivered to the customer shall become immediately due; 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.
(b) Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
19. ILLEGAL MATTER
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.
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 printer article.
21. FORCE MAJEURE
(a) Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
(b) 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.
22. OUR REFUND POLICY
At crownprinters.co.uk we want our customers to be completely satisfied with the printed products we supply. Every effort is made to ensure that your work is printed to a good commercial standard. At any stage during the manufacture of your printing, but only at the customers request, we are able to provide a colour Epson proof for an extra charge of £25 plus vat per A3 or part there of. If we make an error in printing which is out fault, we will happily reprint the job at our expense.
Please note: no liability can be accepted by “Crownprinters.co.uk” for errors, grammar, spelling or omissions made on artwork provided by a customer, or once any proof have be approved by the customer. How to return an order: Please follow the steps below to enable us to process your return efficiently: Wrap the goods securely in the original packaging (if any), ensuring that you include the full order details & quantity supplied.
Send the package to the address below:
The King Edmund School,
Vaughn Close, Rochford,
Essex, SS4 1TL
We will notify you via e-mail when your return has been received. For your protection we recommend that you use a recorded-delivery.
Please keep the goods safe and you will be contacted by return.
23. GOVERNING LAW AND JURISDICTION
These conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of
England and Wales.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office
(if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 26(a);
if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second working day after posting; if delivered by commercial courier,
on the date and at the time that the courier's delivery receipt is signed; or, if sent by by fax or e-mail, one working day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(i) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or
part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(ii) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy,
nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude
or restrict the further exercise of that or any other right or remedy.
(c) Third party rights
A person who is not a party to the Contract shall not have any rights under or in connection with it.