GREENROOM CREATIVE Ltd.
1.These Terms and Conditions to apply to all transactions between the Customer and GREENROOM CREATIVE Ltd. (“the Company”) unless expressly varied in writing and signed by or on behalf of GREENROOM CREATIVE Ltd. Acceptance of an estimate indicates that the Customer accepts these Terms and Conditions and no other additional or other Terms and Conditions shall be applicable.
2.All estimates are valid for up to 28 days from the date of the estimate, subject to any special written agreements.
3.Where a contract is accepted by the Customer of the Company based on an estimate submitted by the Company and costs rise owing to:
a.factors that are outside the Company’s control
b.alteration in specification from that in the estimate
c.additional work undertaken in order to achieve a commercially
acceptable job and/or in order to meet the Customer’s deadlines
where such additional work is caused by the Customer supplying
(i) inadequate or insufficient copy or materials, or (ii) incomplete or
incorrect instructions or (iii) late delivery of copy or materials to the
then all such additional costs will be borne by the Customer.
4.All costs for preliminary work associated with the design, artworking or production of a job irrespective of whether full design, artworking or production goes ahead or not will be borne by the Customer. The Customer agrees that the acceptance of the estimate is based upon the description set out in the estimate and any visuals proofs or specifications provided in connection with this estimate only and that the Customer does not rely upon any previous work or other expectations.
5.It is the Customer’s responsibility to check the proof and/or specification thoroughly and inform the Company of any changes required. The Company cannot be held liable for any errors in the printed job where the said errors were included in the proof and/or specification and not communicated in writing to the Company. Where a proof and/or specification is amended in any way by or at the request of the Customer then all additional costs incurred will be borne by the Customer.
6.The Customer shall hold the Company indemnified against any loss or expense including all legal costs on an indemnity basis arising out of any action brought by any third party in connection with any job undertaken by the Company for the Customer including and not limited to any action for breach of copyright libel or negligence.
7.Value Added Tax will be charged where applicable.
8.Payment in full is due immediately upon:-
a.Delivery or transmission of the job.
b.Notification to the Customer that the job is ready for collection.
c.Delivery of the invoice (where by reason of these Terms and
Conditions or otherwise an invoice is deliverable notwithstanding that
the job has not been completed)
as appropriate but the Company may allow at its discretion payment by the end of the month following the date of invoice. The Company may require payment as a condition of delivery or releasing a job and in such circumstances payment shall remain due in full notwithstanding that the goods have not been delivered or released.
If a job is being mailed then the postage element must be paid in advance (with any small adjustment being debited or credited after the mailing). If any credit for postage is granted by the Company then it becomes payable on demand. In the event of any dispute regarding a mailing job the postage element must still be paid in full.
9.The Company shall retain property in the job and every part of a job until paid in full and the Customer hereby grants licence to the Company to enter upon any property where the job or any part of it may be found as necessary for the purposes of recovering the job or any part of it for so long as the property remains with the Company. In the event that the job is recovered in accordance with the foregoing sub-paragraph the Customer will remain fully liable for the full cost of the job together with all costs of recovery.
a.The Company shall not be liable or be in breach of contract for any
failure or delay in producing or delivering the goods due to
circumstances beyond its reasonable control including but not limitedto Acts of God, legislation, war, terrorism, fire, flood, droughts,
power failures, strikes, mechanical failure, or the inability to procure
materials or labour. In any such circumstances the Company shall be
entitled at its option to give notice to the Customer declaring that the
Company is unable to complete the relevant work or matter or
comply with the relevant term of the contract or contracts, whereupon
the work or matter or term shall be deemed to be frustrated from the
date of such notice.
b.During the continuance of such a contingency the Customer may
by written notice to the Company choose to terminate the contract
and pay for work done and materials used, but subject thereto shall
otherwise accept delivery when available.
c.For the avoidance of doubt, where a contract is terminated by either
party then all costs incurred by the Company up to the time of termi
nation shall be borne by the Customer.
11.Owing to the nature of the printing processes the Company shall deliver plus or minus 5% of the quantity ordered by the Customer and the quantity delivered must be paid for in full. No compensation will be paid, however, in the event of an under-run irrespective of the size of the under-run. If additional “top-up” quantities are subsequently required to be printed then these shall be paid for in full by the Customer. If an exact quantity is required then this must be clearly stated in writing by the Customer at the time of order.
12.All goods are deemed to be in good condition when delivered or collected. Should there be any defect in the goods delivered or collected then it shall be a condition precedent to any claim for refund or abatement in price that the Company is notified in writing within 72 hours of delivery. If no such notification is received then the contract price is payable in full. The Company reserves the right to remedy any defect or offer a discount or supply a complete re-print within a reasonable period of time from the date of notification that the job in its current state has not been accepted. The contract cannot be discharged by mere rejection or non-acceptance of the goods.
13.The Company shall not be liable for any direct or consequential loss incurred by the Customer or any third party arising out of the late delivery or non-delivery of a job ordered or of goods being delivered or transmitted that are not of a commercially acceptable standard. Time shall not be of the essence and the full contract price shall be payable notwithstanding the goods may be delivered later than indicated or agreed.
14.In the event of the Company using property belonging to the Customer for the purpose of producing a job the Company shall take all reasonable care to safeguard the said property in good condition but the Company shall not be liable for its safe return or its condition upon return and no claims shall be considered.
15.Should the Company store property of any description for the Customer then a reasonable charge may be levied by the Company and must be paid in full by the Customer.
16.All goods or property belonging to the Customer and delivered to the Company for any reason will not be insured by the Company and the Customer should take steps to fully insure such goods. The Company will take all reasonable care to keep such goods in good condition, but will not be held liable for any damage caused to such goods or their subsequent non delivery for any reasons whatsoever.
17.If any monies remain outstanding after becoming due to the Company from a Customer then the Company may retain a lien on any goods of whatsoever nature that are in the Company’s possession and belonging to the Customer and in the event that the debts are not paid within 14 days after the Company giving notice to the Customer that it is retaining goods on a lien the Company may dispose of those goods in such a way it considers fit as agent for the Customer and any sums recovered on disposal shall be allocated against the outstanding monies due to the Company.
18.In the event that any monies remain outstanding for more than 30 days after becoming due to the Company then the Company may, at its discretion, demand its statutory right to interest.
19.The Company shall be entitled to recover from the Customer its costs and expenses of recovery of any outstanding monies including but not limited to any solicitors costs on an indemnity basis.
20.In the event that the Company shall take any action against the Customer or that any legal dispute shall arise between the Company and the Customer then the Company and Customer agree that the St Albans Magistrates Court, Herts, England, shall have jurisdiction to hear any such claim.
21.Security and updating of CMS (Content Management System) websites is the Customer’s responsibility. The Company does not offer any warranty or service contract for the update and maintenance of websites.
22.The method of print production (eg. digital, litho, web offset, screen) may not necessarily be made known to the Customer and the Customer accepts the manufacturing tolerances inherent within each method of production and their possible consequences or effects on the finished job. The Company is not obliged to state the method of production.
FREE Delivery option - Zones A & B only