Terms of Sale for Golden Print

Please read these terms and conditions carefully before ordering any product, products, solution or services ("Product") from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please note that we limit our liability at paragraph 15 below.

 

1. OUR STATUS

We are Golden Print ("we/us/our"). We are a Sole Trader business and our trading address is at Golden Print, Geddes House, Kirkton North, Livingston West Lothian EH54 6GU. We are not VAT registered.

 

2. YOUR STATUS

You are the Customer (“you/your”) meaning the corporate entity, firm, or person seeking to purchase product from us.

 

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by electronic notification at the end of the ordering process. An email acceptance from you, in response to a quotation from us, shall be deemed to be conclusive evidence of the your acceptance of these conditions. Once the order is accepted the terms of the contract cannot be varied without our prior written consent.

 

You will not have any right to cancel the supply of any of the Products once you have placed an order. All work carried out, whether experimental or otherwise, at your request shall be chargeable.

 

Payment for work shall be due on placement of order except where the quotation provides to the contrary or by previous written agreement. Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum over the base lending rate of the Royal Bank of Scotland PLC prevailing at the date payment becomes due. Such interest shall accrue after as well as before any judgement.

 

All invoices, concerning credit account Customers, are due for payment 30 days after the invoice. Any invoice outstanding beyond this period may be referred to our solicitor and will be subject to a surcharge of 15% plus VAT and £50 to cover the collection costs incurred. This surcharge with all other charges and legal fees incurred will be the responsibility of the Customer and will be legally enforceable.

 

We reserve the right to pass any unpaid account to a third party or agency for collection. Any additional costs involved, including handling or court charges, will be added to amounts due for collection.

 

In the event of cancellation of an order, we reserve the right to charge for works done or supplied to the date of formal notification of cancellation. Designs, proofs, specifications or other consultation work carried out will also become separately chargeable in the event of cancellation.

 

4. MATERIAL AND INFORMATION PROVIDED BY YOU

Whenever you supply electronic material associated with an order to us you must comply with the specifications we set out. You warrant that any such material   complies with those specifications, and you indemnify us for any breach of that warranty. All electronic material supplied by you will be done at your own risk and you must retain a copy of all electronic materials you send. We expressly exclude all liability for any supplied electronic material which is lost or damaged during or after the transfer process.

 

Failure to follow our specifications for supplying electronic material may result in Products of poor quality. We accept no responsibility for poor quality Products in those circumstances.

 

You must not supply any material that will breach any third party rights and you agree only to provide someone else's personal information if they have given you express consent to use it in respect of the Products you have ordered.

 

5. APPROVALS

Where we make an electronic proof of the Product available for your approval, you are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you. No liability shall be accepted by us for any errors contained in any copies supplied by you. We will supply proofs of work for your approval if you so requests. We will not accept any liability for any errors in proofs approved by you and if you shall not request a proof for approval you shall be deemed to have accepted the work as being correct. Customers approving proofs either verbally or by signed return of proof, accept full responsibility for errors or omissions. Any alterations and additional proofs necessitated thereby shall be charged extra. When type, style or layout is left to our discretion any change made shall be charged extra.

 

6. DELIVERY

Unless there are exceptional circumstances, your Products will be despatched for delivery in accordance with the delivery service specified during the ordering process. Where delivery is not possible as a result of us being provided with the incorrect delivery address details, we reserve the right to make an additional delivery charge for re-despatch of the Products to the correct delivery address. If anyone other than the intended recipient signs for the delivery of a Product and the Product is subsequently not delivered to the intended recipient, we will incur no liability provided that parcel was delivered to the address provided by you.

 

You must notify us within 48 hours of any failure on our part to deliver the Products in order that we can investigate the failure and take appropriate action.

 

7. QUANTITIES

All reasonable endeavours will be made to deliver the correct quantity of Products ordered by you. You acknowledge that variations in respect of quantities are inherent within the printing industry. Our liability in respect of shortages is all shortages more than over 5% will be replaced. All overages may be kept by you at no additional cost.

 

8. QUALITY

You accept that variations in colours are inherent within the printing process for files submitted. You also understand and accept that computer hardware set ups are such that we cannot guarantee that the Product colours will match those displayed on your computer screen during the ordering process.

 

If you believe that a Product is defective, we may request that you return the product for our examination. Our liability in respect of misprints is defective products more than 5% will be replaced.

 

 

9. RISK AND TITLE

You shall be deemed to have accepted the Product 48 hours after delivery. You shall carry out a thorough inspection of the goods within 48 hours of delivery and shall give written notice to us within 3 working days of delivery of the Goods any defects that a reasonable examination would have revealed. Where you have accepted, or is deemed to have accepted, the Product you shall not be entitled to reject any Products which are not in accordance with the contract.

 

Risk shall pass on delivery of the Product to your address although title in the Product shall remain with us and shall not pass to you until the amount due under the invoice (including interest and costs) has been paid in full.

 

10. CLAIMS

Claims for damage, shortages, defects or non delivery must be advised by email within 5 working days  the date that the Products were despatched and we shall not be liable in respect of any claim except where you demonstrate to our reasonable satisfaction that it was not possible to comply with this requirement and your claim was made by you as soon as reasonably possible thereafter.

 

11. OUR LIABILITY

Our liability in connection with any single purchased Product is strictly limited to the invoice price of that Product (including delivery costs). We do not exclude or limit in any way our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

 

Whether caused by our negligence, breach of contract or breach of duty, we exclude all liability for any direct loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or any indirect or consequential loss or damage of any kind however arising, even if foreseeable.

 

12. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

13. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event

 

14. ENTIRE AGREEMENT

These terms and conditions and represent the entire agreement between you and us in relation to the subject matter of the supply of Product and supersede any prior agreement, understanding or arrangement between us, whether oral  or in writing. We have the right to revise and amend these terms and conditions from time to time.

 

15. LAW AND JURISDICTION

Contracts for the purchase of Products  will be governed by the laws of Scotland. Any dispute arising from, or related to, such Contracts shall be subject to the jurisdiction of the courts of Scotland.