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Terms and Conditions - Printing
1. Definitions
In these conditions:
1.1. "the Company" means Gecko and "the Customer" means the other contracting party.
1.2. "Copy" means anything supplied by the Customer to the Company to be re-produced by the Company including but not limited to text, artwork, designs or other specification.
1.3. "Templates" means the templates supplied by the Company for the perusal of the Customer.
1.4. "Goods" means the flyers produced by the Company for the Customer.
2. Formation of contract
2.1. These conditions apply to and form part of all contracts entered into by the Company for the supply of Goods and services by the Company.
2.2. No purported order or other contractual document will be binding on the Company unless on a printed document of the Company which is appropriate to the transaction.
2.3. Any quotation provided by the Company is only an invitation to the Customer to place an order and the Company will not be bound by any agreement until the confirmation of the agreement by the Company following receipt of the Customer's order.
3. Copy
3.1. If copy supplied by the Customer is not clear and legible a charge may be incurred for any additional work required as a result.
4. Illegal matter
4.1. The Company will not be required to print matter that is:
4.1.1. in any way illegal
4.1.2. misleading
4.1.3. libellous, or
4.1.4. an infringement of the rights of a third party.
4.2. The Customer will indemnify the Company in respect of any claim arising out of the printing of illegal, misleading, libellous or infringing matter, including any costs incurred by the Company during the conduct of a claim.
5. Proofs
5.1. Proofs of all work will be submitted for the Customer's approval. The Company will not be liable for any loss incurred by the Customer due to errors in the final product if the proofs have been approved.
5.2. Any alterations by the Customer, and additional proofs if necessary, will incur an extra charge.
5.3. When style, layout or typeface are at the Company's discretion, any subsequent changes made by the Customer will incur an extra charge.
6. Delivery
6.1. Goods will be delivered to the Customer by first class post. Delivery will be effected as soon as the Company has placed the Goods in the post.
6.2. Risk in the Goods passes to the Customer on delivery and the Company will not be liable for any loss of the Goods following delivery.
6.3. The Customer will be deemed to have received the Goods 48 hours from delivery.
6.4. The Company will endeavour to comply with any delivery date agreed with the Customer. However, time for delivery will not be of the essence and the Company will not be liable for any losses arising from late delivery.
7. Rejection
7.1. The Customer will inspect all Goods within 48 hours of receipt.
7.2. Written notice must be given to the Company of any Goods the Customer purports to reject, again within 48 hours of receipt. If no written notice is received within the notice period the Customer will be deemed to have accepted the Goods and no further rejection will be possible.
7.3. If after giving notice of rejection the Customer deals with the Goods in a way inconsistent with rejection, the Customer will be deemed to have withdrawn notice of rejection.
8. Warranties and Liability
8.1. To the fullest extent permitted by law any and all warranties relating to the Goods are excluded. In particular, no warranty is given as to the number of bookings you may expect to receive as a result of placing an order with the Company.
8.2. The Company's liability in respect of defective or faulty Goods is limited to the contract price, and will not extend to any consequential loss, whether foreseeable or not.
8.3. The Company will not be liable for any loss to the Customer caused by an act or omission where:
8.3.1. the act or omission relates to a matter within the knowledge of the Customer but not of the Company, and
8.3.2. the opportunity to check that no mistake had been made was declined by the Customer.
9. Payment
9.1. A deposit of 25% is required to secure an order. This deposit is non-refundable in any circumstances.
9.2. Upon the Customer approving the proofs the remaining 75% of the price will become due and no work will be carried out pending receipt of cleared funds.
10. Intellectual Property
10.1. The Templates will remain the property of the Company and all vested and future rights of copyright in the Templates belong to and will remain with the Company.
10.2. The Customer may not reproduce the Templates or the Goods, or any part of them, without the express written permission of the Company.
11. Force majeure
11.1.1. The Company will not be held liable for any failure to carry out an order by reason of act of God, war, strike, lockout, fire or any other cause beyond its control.
12. Proper Law
12.1.1. These terms and conditions and any contract made under them are governed by English Law.
12.1.2. Any dispute arising in relation to these terms and conditions will be subject to the exclusive jurisdiction of the English Courts.
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