Printcavern

Standard Terms and Conditions

1. Definitions

In these terms and conditions the following shall have the meaning set opposite them

Printcavern

Printcavern Limited, Redbrook House, Bury Road, Rochdale, Lancashire, OL11 4EE.

the Products

products offered for sale or supply by Printcavern

the Customer

The person, organisation, company, partnership or firm who accepts a Printcavern quotation for the sale of products or whose order for them is accepted by Printcavern

the Contract

A Contract for the supply of the Products, Writing includes facsimile, email and any comparable means of communication

2. Basis of Supply

(a) Printcavern shall supply and the customer shall acquire the Products in accordance with any quotation of Printcavern which is accepted in Writing by the Customer or any order of the Customer which is accepted in Writing by Printcavern subject in either case to these conditions which shall govern the Contract to the exclusion of all else.

(b) Printcavern employees or agents are not authorised to make any representations concerning the Products unless confirmed by Printcavern in Writing. In entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.

(c) Any advice or recommendation given by Printcavern or its employees or agents as to the application or use of the Products which is not confirmed in Writing by Printcavern is followed or acted upon entirely at the Customers own risk and accordingly Printcavern shall not be liable for any such advice or recommendation which is not so confirmed.

(d) Any order or written acceptance of a Printcavern quotation made by the customer shall be of no effect if written confirmation is not given by Printcavern within seven days.

(e) Printcavern may make and the Customer shall accept partial deliveries of the Products. Each delivery shall be considered to be the subject of a separate contract and failure to delay by Printcavern to make one or more deliveries in accordance with the Contract or any claim by the Customer in respect of any one or more deliveries shall not entitle the Customer to treat the Contract as a whole as repudiated.

3. Prices and Payment

(a) Prices are those agreed in accordance with paragraph 2(a).

(b) Subject to paragraph 7(d) payment will be due 30 days after the invoice date which shall be on dispatch or provision of the Products.

(c) Printcavern may maintain an action for the price at any time after expiry of the period mentioned in paragraph 3(b).

(d) Interest on overdue accounts shall be payable at the rate of four percent above base rate per month or part of a month.

(e) Printcavern may vary the prices of the Products by notice in Writing given to the Customer at any time prior to delivery.

4. Termination

If the Customer breaches any of these terms and conditions Printcavern shall be entitled to treat the same as repudiated without prejudice to other rights and remedies in respect of such a breach. Any indulgence by Printcavern in respect of this paragraph shall not be deemed a waiver. Printcavern reserves the right to terminate the Contract forthwith without prejudice to Printcavern other rights in the event of any proceedings voluntary or involuntary against the Customer in bankruptcy or insolvency or in the event of the appointment of a receiver of any of the Customers assets or if the Customer should make any composition or arrangement with its creditors.

5. Title and Risk in the Products

(a) Risk in the Products shall pass on delivery but title and property therein shall not pass until the purchase price has been paid in full.

(b) Until such payment the Customer undertakes to mark or otherwise identify the Products as being the property of Printcavern and hereby irrevocably authorises Printcavern to enter upon the premises from time to time for the purpose of repossessing the same in the event of termination of the Contract by virtue of non payment of the price or otherwise.

(c) Printcavern may maintain an action for the price of the Products notwithstanding that title to the property in the products may not have passed to the customer.

6. Delivery and Acceptance

(a) Any delivery date agreed by Printcavern shall be an estimate only and not of the essence. The Customer shall accept the delivery of the Products when tendered by Printcavern. Printcavern shall not be liable for any delay in the performance of its obligations or the consequences thereof where such delay or non-performance is due to circumstances outside Printcavern reasonable control. If such delay continues for more than three months either party may terminate the Contract by notice in writing to the other without penalty or compensation.

(b) Customers will be deemed to have accepted the Products once delivered or following the action of completion procedures in accordance with the order acceptance issued by Printcavern. The Customer will be deemed to have accepted the services provided by Printcavern unless within seven days of completion the Customer notifies Printcavern in Writing of specific deficiencies in the service provided.

7. Credit Limit

(a) Credit may be granted to the Customer from time to time at the sole discretion of Printcavern.

(b) Printcavern may vary the level of credit given and reserves the right to withdraw credit facilities and to suspend the delivery of the Products which are the subject of the Contract with the Customer, should payment not be made within the credit period or where sums due by the Customer to Printcavern exceed the credit limit.

(c) For the avoidance of doubt it is hereby agreed and declared that Printcavern may decline to accept an order from the customer if the value thereof when added to the sums due by the Customer to Printcavern would exceed the credit limit.

(d) Where no credit is given payment is due with order.

8. Claims, Queries and Returns

(a) No claims in respect of shortages or discrepancies in or damage to the Products comprised in an order will be accepted by Printcavern unless notified to Printcavern within two working days of the date of delivery.

(b) Printcavern shall have no responsibility in respect of damage or shortages caused by the acts or the omissions of the Customer or other causes beyond Printcavern control.

(c) No claim in respect of any invoice as to inaccuracies in price, discount terms of any other commercial terms will be accepted by Printcavern unless received in Writing within ten days of invoice.

(d) No claim by the Customer that it has not received an invoice will be accepted unless notified to Printcavern in writing within seven days from the date of the first statement of account from Printcavern identifying such an invoice.

(e) In any case referred to in paragraphs 8(a), 8(c) or 8(d) where no claim has been notified within the relevant period, the Customer will be deemed to have accepted and be liable for the price of the Products in respect of which but for this paragraph a claim might have been made.

(f) If a claim is validly made under this paragraph which might entitle the Customer to return the Products, Printcavern shall not be bound to accept such a return or exchange the Products unless the Customer complies strictly with Printcavern’ returns procedures, which are available on request. Where appropriate, Printcavern reserves the right to charge a restocking fee as set from time to time.

9. Liabilities of Printcavern and their Limitations

(a) Printcavern accepts liability for death or personal injury to the extent the same is due to the negligence of Printcavern or its employees in performing a Contract.

(b) Printcavern accepts liability for any breach by Printcavern of the warranties as to title quiet possession and freedom from encumbrance which may be implied by law.

(c) In the event that Printcavern is proved to be in breach of the provisions of the Contract and after having been given reasonable opportunity to correct any such breach fails to do so then it shall be liable to the Customer up to the amount not exceeding the price of the Products (including VAT) actually paid by the Customer to Printcavern at the date of a claim by the Customer.

(f) The liabilities specified in this paragraph and in paragraph 9 represent the total limit of liability accepted by Printcavern under the Contract for any single or series of claims arising from the same cause unless such claims arise as a result of a breach of paragraphs 9(a) or 9(b).

(g) In no event shall Printcavern be liable to the Customer either for other or further losses, costs or damages suffered by the Customer as a result of a breach by Printcavern of its obligations under the Contract for the supply of the Products including any consequential loss of business profits or savings and whether liability for such losses, costs or damages arise in Contract, tort or statute or out of any defect in failure of or unsuitability of purpose or delay in delivery of the Products or from any fundamental breach of the Contract by Printcavern or for any losses, costs or damages whatsoever under the Contract where proceedings for such losses, claims or damages began six months or more after the occurrence of the breach giving rise to the claim or the time  when the Customer should reasonably have become aware of the facts constituting the cause of the action PROVIDED THAT this limitation does not apply in the case of a claim under paragraph 9(a) or 9(b).

10. General

(a) These conditions may only be modified or otherwise amended by written agreement signed by or on behalf of both parties subsequent to the signing hereof.

(b) The invalidity of any provision or obligation hereunder or the contravention thereby of any statute law or regulation of any competent government authority shall not relieve either party of its other obligations nor deprive either party of the advantages of any other provision of the Contract.

Cushions

Due to the density of colours used in the revolutionary print process, we advise that you do not place the cushions on light coloured furnishings due to dye transfer.

11. Force Majeure and Governing Law

Printcavern shall not be liable for any loss or damage caused by delay or failure in performance of its obligations hereunder where this is incurred by any reason whatsoever beyond its reasonable control. The laws of England shall govern this Contract and the parties hereby submit to the jurisdiction of the English courts.