Terms And Conditions
Definitions:
In these terms and conditions of business:
i) Grainword stands for Grainword Ltd.
ii) Customer means the company, person, organisation, corporation or any other body purchasing goods or services from Grainword.
Quotations:
Quotations are valid for thirty days upon receipt of the quote.
The customer will not enter into a legally binding contract until an order is placed and accepted.
Grainword Ltd reserve the right to make amendments to the prices quoted following sight of copy or due to any variations made at the customers request.
Grainword Ltd reserves the right to correct any omissions or mistakes on quotations at any point without a time limit.
Contract:
Once the customer places and accepts an order it is on the understanding that they will abide by these terms and conditions which will take precedence over all others.
There will be no further obligations or conditions other than the conditions cited here unless agreed in writing by Grainword Ltds Director.
Cancellation or Amendment of an Order:
An order that has been accepted by Grainword Ltd may be cancelled or amended but only after Grainword Ltd has given written consent.
Grainword Ltd will charge for all costs that have been incurred in connection with the order.
End Use:
If requested Grainword Ltd will make recommendations for end usage of a particular product but no guarantee is given, either express or implied as it is the customers duty to ensure that the product is fit for purpose, and the customer must also supply any specific requirements at the time of enquiry.
Grainword Ltd will use stand material to manufacture a product unless otherwise instructed by the customer at the time of placing an order.
Grainword Ltd will be happy to supply the customer with sample material to help aid a decision.
Artwork:
Grainword are willing to accept artwork from a customer, however, if the artwork is unclear or illegible, of incorrect size or hasn’t been colour separated Grainword will rectify all errors and a charge may be made to cover this.
Colour Match:
Colours will be used in accordance with Grainwords standard range unless a specific colour match is requested by the customer.
All colours outside of the standard range will be charged at our special colour rate.
Grainword will endeavour to colour match as best as they can but due to the difficulty involved in colour matching and any errors involved during ink manufacture Grainword will not be held responsible for an imperfect colour match.
Experimental Work:
At the request of the customer, Grainword will produce experimental products, however these will be charged at the company’s standard rates.
Proofing:
Grainword will supply photographic proofs at the customers request or where we feel it is necessary to do so.
If errors are then unidentified by the customer, Grainword will not be held accountable for the error.
Any alterations to artwork which were omitted at the time of order will be charged when added.
Unless instructed otherwise, Grainword will not start work until all artwork approvals have been received.
Ownership of Production Material:
Grainword shall maintain ownership of all materials, tools, artwork, computer files and stencils used in connection with a customers order.
Stencil images are removed immediately after printing of products is complete.
Packaging and Despatch:
All packaging and despatch costs are excluded from the quoted price and will be charged to the customer.
Grainword will endeavour to send out goods on time, especially when a specific date is negotiated for an urgent delivery, however, this may vary depending on our current workload.
Delivery:
All delivery charges will be charged to the customer. Unless specified all deliveries will be charged for delivery to a single address however we are able to offer delivery to more than one address but at an extra cost.
Whilst we endeavour to deliver goods on time, Grainword will not be held accountable for delayed deliveries due to courier companies.
Errors upon Delivery:
If a particular consignment is found to be short on quantity, or there are any issues with goods regarding colour quality, Graphic detail or text.
Grainword will not entertain any complaints or claims unless received in writing within 5 days of delivery.
Damage or Loss in Transit:
In the unlikely event of goods being damaged in transit, Grainword must be notified within 3 working days from the receipt of the goods.
If the goods are lost in transit then Grainword must be notified within 3 working days of the date of invoice.
Property Ownership:
i) All property supplied by or on behalf of the customer whilst in Grainword’s possession or in transit will remain entirely at the customer’s risk unless otherwise agreed in writing with Grainword’s Managing Director.
ii) Grainword may choose to exercise their right to lien over the customer’s property until payment has been received in full.
Force Majeure:
Grainword will not be held liable if they are unable to complete a consignment for any reason that is beyond their control such an act of God, flood, fire, drought, loss of electrical supply, new legislation, war, acts of terrorism, workers strike or any other such action taken by the workforce in order to disrupt the working practice and hinder the progress of an order.
Throughout the duration of such an unlikely event, the customer may decide to terminate an order via written notice to Grainword provided that all work carried out and materials used are charged to the customer.
If the company wish to continue with the order then all goods will be delivered as and when ready.
Copyright and Illegal Matter:
i) Grainword shall not be required to produce any goods which may be of an illegal or libellous nature or may infringe the rights of another body.
ii) If any infringement of copyright or legal matter arises then the customer shall indemnify Grainword of all costs, claims and associated expenses. The indemnity shall cover all costs paid for legal advice on a settlement and any other costs associated to the claim.
iii) It is accepted that Grainword may use any prints produced for a customer as a sample or for any other promotional purpose until the customer has explicitly forbidden their prints for such use.
Liability:
Grainword shall not be held liable for any loss the Customer may incur arising from the consequences of goods that have been delayed or lost in transit.
Where blame can be specifically proven to be held by Grainword, the liability will be limited solely to the replacement of goods and Grainword will accept no liability for any consequential loss caused.
Passing of property and Risk:
All Risk of loss or damage suffered to any goods shall pass on to the customer once goods have been received at the agreed delivery address stipulated on the customers order or when accepted by the customers’ agent or bailee.
Grainword will have no responsibility for the goods thereafter.
Although all risk of loss and damage is transferred to the customer upon delivery, the goods shall remain Grainwords property as legal and equitable owner until full payment for the goods and any other goods supplied by Grainword are paid for in full.
Grainword are within their legal right to recover goods if any of the following circumstances occur:
i) If payment for any goods or services supplied by Grainword are outstanding or overdue,
ii) If the Customer, whether they are a sole trader or partnership, fail to comply with the statutory demand served by Grainword on the customer in accordance to section 268 of the Insolvency Act [1986] or a petition for bankruptcy is filed against the customer and presented to the court,
iii) The customer is an administrative receiver or a receiver has been appointed by the customer over all or part of its assets, or the customer commences a winding-up procedure or and administrative order is made,
iv) All distraint shall be levied on the customers’ property or their assets meaning agents or servants of Grainword may enter any of the customers’ premises where the goods are believed to be held.
Grainwords agents or servants are entitled to seize the goods or sell the goods applying all proceeds from the sale against any outstanding debts owed by the customer in respect of goods or service and if any surplus is left, it will be paid to the customer.
The customer shall not be considered as an agent for Grainword for any purpose and will indemnify Grainword of all liability that Grainword may incur to third parties in relation to goods.
All Grainwords rights under the terms of this agreement shall continue in spite of termination of the contract of sale by way of repudiation, frustration or anything else that may arise.
It is the customers’ duty to notify all third parties of this clause highlighting Grainwords rights to the goods including that ownership will only be passed once payment has been received in full.
General Lien:
Should the customer not be able to pay off their debts Grainword shall have the right to stop all further proceedings for any order or other work for the customer and shall be entitled to charge for all work carried out whether it has been completed or not.
This charge will be of immediate effect in respect of all unpaid debts that the customer owes and Grainword shall have a General Lien on all goods and properties whether worked on or not.
Grainword have the right on the expiration of 14 days notice to dispose of such goods at a price which they deem fit and apply the proceeds towards the debts.
Payment Terms:
Responsibility of all goods shall pass to the customer upon delivery, however, Grainword shall retain ownership of the said goods and payment will be charged on Grainwords normal terms.
If work should be delayed or suspended at the request of the customer for a period exceeding 30 days, Grainword are entitled to payment of all work that has already been carried out including all special order material costs and any storage costs.
Payment is due on 30 days upon receipt of invoice and is NET unless other terms have been specifically agreed in writing by the director.
Grainword holds the right to charge interest on overdue accounts at the rate of 2% per month which will commence from the date that payment is due until payment is received in full by Grainword.
If an account is in arrears and payment is not forthcoming, Grainword reserves the right to withhold all further goods.
Any part of an order in course of manufacture may be completed and invoiced to the customer.
Grainword reserves the right to rectify any accidental errors or omissions on invoices at any point without a time limit.
Grainword reserves the right to offset any money owed to a customer against any money due to Grainword.
VAT:
The Company reserves the right to charge Value Added Tax at the rate ruling at the tax point date whether or not it appears on the quotation or invoice.
Law:
The conditions and all other express terms of the Contract shall be governed by and construed in accordance with the laws of England.