Terms and Conditions of Business
1. Plain-Talk Print Ltd is registered in England and Wales number 06834794
and its address at which documents may be served is Glossop Gasworks, Arundel Street, Glossop SK13 7AB.
2. These Conditions shall be deemed to be incorporated in all contracts
of Plain-Talk Print Ltd to sell goods and in the case of any inconsistency
with any order or form of contract sent by the purchaser to Plain-Talk Print
Ltd whatever may be their respective dates the provision of these Conditions
shall prevail unless expressly varied in writing and signed by a director
of Plain-Talk Print Ltd.
3. Notwithstanding that Plain-Talk Print Ltd may have given a detailed quotation,
no order shall be binding on Plain-Talk Print Ltd unless and until it has
been accepted in writing by Plain-Talk Print Ltd. For the purposes of this
clause and this clause only, writing may be by letter, fax or electronic
mail. An order may be cancelled at any time before going to print by Plain-Talk
Print Ltd or the customer giving written notice to that effect. Plain-Talk
Print Ltd reserves the right to charge a cancellation fee where work has
already been carried out on a job at the time of cancellation.
4. Any explicit and determined times or dates given for completion or delivery
of goods shall be binding on Plain-Talk Print Ltd, insofar as Plain-Talk
Print Ltd undertake to carry out additional work for the purchaser to the
value of the print element of any goods not supplied on time. Such liability
shall not extend to delays beyond the control of Plain-Talk Print Ltd including,
without prejudice to the generality of the foregoing, defects in files or
omissions of information, delays in approval of proofs, and non-performance
of carriers.
5. By their nature goods do not have a redeemable value and no refunds or
credits for goods correctly supplied will be entertained.
6. All goods shall be paid for at the time of order unless credit terms
are stated on the invoice. Amounts outstanding at the expiry of this term
are subject to accrue interest at a rate of 4% of the invoice total per month
calculated daily.
7. (a) Any shortcomings or defects in goods supplied must be notified to
Plain-Talk Print Ltd within 3 working days of delivery.
(b) Such goods must be returned to Plain-Talk Print Ltd
for inspection. Nothing herein shall impose any liability upon Plain-Talk Print
Ltd in respect of any defect in the goods arising out of the acts, omissions,
negligence or default of the Purchaser, its servants or agents, including without
prejudice to the generality of the foregoing handling and storage of the goods.
(c) Nothing herein shall have the effect of excluding or
restricting the liability of Plain-Talk Print Ltd for death or personal injury
resulting from its negligence insofar as the same is prohibited by statute,
or under sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 to a purchaser
who is dealing with a customer as defined by section 12 of the Unfair Contract
Terms Act 1977.
8. Plain-Talk Print Ltd shall not be liable for any costs, claims or damage
arising out of any act of tort or omission or breach of contract or statutory
duty calculated by reference to profits, income production or accruals or
loss of such profits, income production or accruals or by reference to accrual
of such claim, damages or expenses on a time basis.
9. The liability of Plain-Talk Print Ltd to the purchaser for any loss or
damage of whatever nature and however caused shall be limited to the price
of the goods.
10. If the purchaser shall be in breach of any of their obligations under
the contract Plain-Talk Print Ltd may (without prejudice to Plain-Talk Print
Ltd’s rights subsequently to determine the contract for the same cause
should it so decide) suspend further deliveries of goods without notice until
any defaults by the purchaser are remedied.
11. No statement, description, information, warranty or recommendation contained
in any catalogue, price list, advertisement, website or communication, or
made verbally by any agent of Plain-Talk Print Ltd, shall be construed to
enlarge, vary or override in any way these Conditions.
12. Any concessions made or latitude allowed by Plain-Talk Print Ltd to
the purchaser shall not affect the strict rights of Plain-Talk Print Ltd
under the contract. If in any particular case any of these Conditions shall
be held to be invalid or shall not apply to the contract the other Conditions
shall continue in full force and effect.
13. Upon sight of artwork and at its sole discretion, Plain-Talk Print Ltd
reserves the right to decline to print any item it deems to be inappropriate.
Any payments made for work rejected by reason of this clause will be refunded
in full.
14. The contract shall in all respects be governed by English law and shall
be deemed to have been made in England.