STANDARD TERMS AND CONDITIONS AND GENERAL TRADING INFORMATION FOR EAGLE DIGITAL PRINT LTD
1. These Terms and Conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
2. PAYMENT TERMS
2.1 CARD PAYMENTS
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2.2 ACCOUNT
Payment shall be made in full within 14 days of the invoice date unless special settlement terms have been agreed by us in writing.
2.3 NON ACCOUNT
Payment is required on placement of the order or before delivery.
2.4 DISCOUNT
Any discounts are offered on the strict understanding that accounts are paid by the due date. We reserve the right to invoice any such discounts to accounts which become overdue.
2.5 DEPOSITS
A deposit is required before any work will commence. 50% is due on orders below the value of £1000.00 and 70% on orders £1000.00 or more. Deposits are non-refundable.
3. OVERDUE ACCOUNTS
3.1 No goods will be delivered on accounts which remain unpaid 14 days after payment is due. We reserve the right to charge interest on overdue accounts, under the Late Payment of Commercial Debts [Interest] Act 1998. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you.
3.2 We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
4. PASSING OF TITLE AND RISK
4.1. The risk in the goods shall pass to you on delivery.
4.2. All goods, delivered or not, remain our property until payment is received in full.
5. PRODUCTS
We reserve the right to alter any details of products advertised without notice and while every effort is made to describe goods accurately in the advertisement no warranty is given as to accuracy and no responsibility will be accepted for error or mis-scription and any resulting loss.
6. ESTIMATES AND CONTRACTS
Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today’s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation of accepted contract, we shall be entitled to charge such increases to you.
7. DELIVERY
7.1. Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods.
7.2. Special rush deliveries can usually be arranged but will usually be subject to additional charges which will be charged to you at current commercial rates.
8. QUANTITY VARIATION
We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.
9. CLAIMS
9.1. Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 7 days of delivery.
9.2. All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 7 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
9.3. You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods intransit unless loss or damage is noted on the delivery note at time of delivery.
9.4. Claims in respect of non-delivery must be made in writing so as to reach us within 7 days from receipt of our invoice.
10. LIABILITY
10.1. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 9.
10.2. Nothing in these terms and conditions shall affect the rights of a consumer.
11. CANCELLATION CHARGES
Please note that a 5% charge of the total value of the original order will be made on all cancelled orders plus a £10.00 charge to cover administration costs. Any costs incurred for work already carried out up to the date of written cancellation will also be charged for and deducted before any refunds are made.
12. SAMPLES
These will be submitted on confirmation and will be charged if not returned in good condition within 14 days.
13. QUANTITY CHANGES TO ORDERS
Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
14. ARTWORK AND PRINTING
14.1 The entire copyright throughout the world in all printing plates, artwork, designs, photographic transparencies, and any other artistic craftsmanship made by or for Eagle Digital Print pursuant to or in implementation of any contract with the customer shall belong to Eagle Digital Print. Eagle Digital Print agrees that unless the customer becomes in default of any obligation to make any payment to Eagle Digital Print, it will not reproduce any such items for any competitor in business of the customer.
14.2 The Customer shall be responsible for ensuring that the Customer’s Materials supplied are suitable for full colour printing and the Customer will not be able to reject such work for such reason.
15. PROOFS
15.1 If we have not been given printing approval after 14 days a 5% charge of the total value of the original order will be made plus a £10.00 administration fee.
15.2 It shall be the responsibility of the Customer to inspect all proofs submitted for approval and Eagle Digital Print shall not be liable to the Customer for any errors not corrected by the Customer in proofs so submitted. The Customer’s alterations, except typographical or other errors made by Eagle Digital Print, and any additional proofs necessitated thereby shall be charged extra to the Customer.
15.3 Due to the nature of the processes involved, Eagle Digital Print does not guarantee that proofs will match the final commissioned work in colour, saturation or texture within a 20% plus or minus variation.
15.4 Customers who require colour reproduction to a specific standard must state this requirement in writing in their order and request a set of wet proofs for each item to be printed. An additional charge shall be made to the Customer for this service which shall be agreed with the Customer prior to commencement of the Commissioned Work.
16. ON HOLD
If we have not been notified after 14 days a 5% charge of the total value of the original order will be made plus a £10.00 administration fee.
17. FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
18. MISCELLANEOUS
The contract between ourselves the Company and the Customer shall be governed by and construed in accordance with English Law.
19. COMPLAINTS
Complaints must be made within 7 working days of receiving your goods. Any complaints made after this time period are void of any right to refund or reprint.