Printondemand-worldwide.com is a website owned and maintained by CopyTECH (UK) Limited, trading as Printondemand-worldwide.com.
Issued by Copytech (UK) Ltd trading as Printondemand-worldwide
1. Definitions - In these conditions "the company" means Printondemand-worldwide.com and "the customer" means the person or company to whom this document is addressed. The "goods" are the goods (including an instalment of the goods or any part of them) and services that "the company" has contracted to supply in accordance with these conditions.
2. Acceptance of Order - Orders are accepted by Printondemand-worldwide.com (or "the company") only upon and subject to the conditions of sale as printed herein. Unless expressly accepted in writing any qualification of these conditions by the customer in any written or printed document or otherwise shall be inapplicable.
3. Quotes and Confirmation - (a) A commission of the work described on the quote will be deemed to have been accepted when the customer notifies Printondemand-worldwide.com by post, email or fax. (b) Any quote is valid for a period of thirty (30) days only from the date stated on the quote. Only quotes provided in writing by Printondemand-worldwide.com will be treated as a valid quote. (c) Quotes are "ex works" and unless otherwise agreed in writing delivery will be charged extra. (d) All special offers will be completed to the same or similar specification as the main order placed and subject to artwork constraints. (e) All quotes are based on the submission of electronic files in print ready pdf format via the Internet, ftp server, email or on disc. There may be a charge levied for any files submitted in any other format. (f) All quotes accepted and work placed with Printondemand-worldwide.com will be deemed to be under the terms and conditions herein. (g) Unless otherwise stated, foil blocking is quoted in maximum areas of 150 x 57mm per block. Any larger sizes will need to be quoted separately. High coverage foil-blocked areas are likely to reduce the consistency of the foil being applied. The position of foil blocks on the cover is subject to a 10% variation across the job. When applied to a textured surface the intended solidity of a foil blocked area may not be achieved, the chances of the solidity of foil being achieved and maintained reduces as the size and total coverage of the image area increases.
4. Cost Variation - Quotations are based on the current costs of production and are subject to amendment by Printondemand-worldwide.com on or any time after acceptance of the order to meet any rise or fall in such costs or to cover any additional operations which may be found necessary, not allowed for in the original written quotation, or to cover any additional cost due to the making or amendment of any law, order, regulation or byelaw having the force of law (including interalia any duty tax on import, export, purchase, sale or appropriation or processing of any materials or equipment comprised in the contract). The customer shall be informed of price increases via email before commencement of the printing job.
5. Value Added Tax - Printondemand-worldwide.com shall be entitled to charge the customer the amount of any Value Added Tax payable on the order whether or not included in the quotation or invoice.
6. Preliminary Work - Work carried out whether experimentally or otherwise at customer's request, will be charged at the agreed rate.
7. Proofs - Customer's corrections, including alterations to files and the cost of additional samples necessitated by such corrections, will be subject to an additional charge. No responsibility will be accepted by Printondemand-worldwide.com for any errors in the final job where proofs submitted for customer's approval are not corrected by them or for any errors in the final job where a proof has not been requested. In the case of colour work whilst the company will endeavour to match to the proof and previous copies, the customer accepts that there may be a slight variation resulting from the nature of the digital print process and factors outside the company's control.
8. Delivery - (a) Delivery of work shall be accepted when tendered and thereupon or on notification that work has been completed whichever is the earlier, the property and risk in the work or goods shall pass to the customer. (b) It shall be the duty of the customer immediately on delivery of the goods processed by Printondemand-worldwide.com to make an inspection of them in every respect and to satisfy himself of their adherence to specification. (c) Claims arising from damage or partial loss of goods in transit must be made in writing to Printondemand-worldwide.com so as to reach them within five (5) working days of delivery and claims for non-delivery or faulty goods within ten (10) days of despatch of goods. (d) If no claim is made within the above-stipulated time limits the goods delivered shall be deemed to be in all respects in accordance with the order; the customer shall be bound to accept and pay for the goods accordingly. (e) Printondemand.com uses standard printers pallets (1000x700mm) for delivery, if a customer requires a particular pallet type, this will be charged at cost.
9. Variations in Quantity - The company reserve the right to charge for any additional copies produced over the amount ordered or reduce the invoice for any under supply within the following limits: Black and White: plus/minus 10%, Colour: plus/minus 10% .
10. Book Storage and Care- During the production and transportation process, the paper and card used to create your books is subjected to various changes in temperature and humidity. As is true of all printed paper products, your books may exhibit the effects of this with some curling/waving in either the text pages, the cover or both. If your books are affected they may take up to 7 days to settle down to their final state when stored according to the guidelines below. Some waving may still be evident after this time, due to the nature of the digital printing process. See terms & conditions 14- (f) for full details.
11. Book Storage Guidelines- A well-chosen and maintained area in which to store your books is paramount to ensuring and preserving their high quality. Boxes of books should not be placed directly on a concrete or similar floor. If storing boxes of books in an external building, placing them on pallets or blocks will both aid air circulation and protect them in case of slight flooding or changes in floor temperature. Boxes should also not be stacked against exterior walls where they are exposed to moisture from the outside environment. Any stored material should not be subjected to extremes of temperature or humidity; attics, garages, basements and outhouses are strongly ill-advised. A warm (18°C to 26°C), dry, clean and stable storage environment and suitable containers are the most effective means of preventing damage to your books. See sections 12 and 14 for further details.
12. Faulty Goods - (a) If the work is defective so that the customer may in law reject it, the customer must advise Printondemand-worldwide.com within seven (7) working days of delivery, failing which the customer will be deemed to have accepted the work. (b) 'Defective' manufacture is defined as manufacturing faults occurring outside of the normal digital manufacturing process (c) In the event of any rejections, Printondemand-worldwide.com reserve the right to request the return of the work for inspection. Should the claim of defect be found to be valid, the work will be rectified within 10 working days and the cost of any return postage refunded. (d) Should agreement not be reached as to whether the work is defective, the advice of the BPiF will be sought and their decision will be final.
13. Payment - (a) Printondemand-worldwide.com, at its absolute discretion, may ask for part or full payment in advance of starting the job. (b) Payments are due within thirty (30) days from date of invoice unless otherwise agreed with Printondemand-worldwide.com in writing. (c) All work carried out shall be charged and includes any preliminary work undertaken whether or not the buyer agrees to that work being taken forward into production. (d) Interest shall be charged on any outstanding balance after 30 days from date of invoice at the rate of 5% over base rate. (e) The customer shall be liable for all legal costs incurred by Printondemand-worldwide.com in recovering any outstanding debt owed by the customer to Printondemand-worldwide.com. (f) Should expedited delivery be agreed and necessitate overtime or other additional cost, an extra charge may be made. (g) Should work be suspended at the request or delayed through any default of the customer for a period of thirty (30) days Printondemand-worldwide.com shall then be entitled to payment for work already carried out and materials specially ordered. (h) For continuing work, invoices may be submitted by Printondemand-worldwide.com at the end of each calendar month for work carried out during that month, or at set stages agreed in advance with the customer. Payment will be due within thirty (30) days from submission of invoices. Such contract may if Printondemand-worldwide.com so elect be considered as one contract and not severable and if the customer fails to make payment on the due date for payment for that instalment Printondemand-worldwide.com shall have the option to notify the customer that Printondemand-worldwide.com treats such failure to pay as repudiation of contract in its entirety without prejudice to any other claim or right Printondemand-worldwide.com may have for compensation or otherwise. (i) Printondemand-worldwide.com reserves the right to offset any monies Printondemand-worldwide.com may owe the Customer under the performance of any of its services to that Customer against any monies the Customer may owe Printondemand-worldwide.com.
14. Liability - (a) There are no conditions, warranties, guarantees, representations or other terms whether express or implied, statutory or otherwise oral or in writing except as provided herein. (b) In respect of any delivery date time is not of the essence of the contract and Printondemand-worldwide.com shall not be liable for any loss to the customer arising from delay. (c) If Printondemand-worldwide.com without cause fails to perform in accordance with its obligations under this contract the customer may recover an amount to compensate for any direct physical loss which is suffered as a result of this failure subject always to a maximum aggregate liability of the total invoice value of the services supplied to the customer pursuant to such contract. (d) Printondemand-worldwide.com shall not be liable for death or personal injury arising from the performance of this contract to the extent that it results from the negligence of Printondemand-worldwide.com its agents or servants. (e) Printondemand-worldwide.com shall not be under any liability of whatsoever kind for any indirect, special or consequential loss howsoever caused (including but not limited to loss of profit) whether or not due to the negligence or willful default of Printondemand-worldwide.com or its servants or agents arising out of or in connection with this contract and Printondemand-worldwide.com shall not be liable for any loss except as provided in this contract. (f) Printondemand-worldwide.com recommend storing printed books in a cool, dry place ideally between 18°C and 26°C and low humidity to lessen the likelihood of covers and text pages curling. Printondemand-worldwide.com has put every effort into eliminating the causes of paper curl during the production process but is not liable for the effects climate may have upon books after being dispatched to the customer. (g) Covers with solid deep colours (for example but not limited to: black, purple), have a tendency to accentuate minor scuffs and scratches on laminated covers. Printondemand-worldwide.com has put every effort into reducing such marks during the production process but for the best results recommend using a non-scuff velvet laminate which be used upon request. (h) Customer accepts on placing the order that there may be a slight variation in reproduction of the goods resulting from the nature of the digital print process.
15. Artwork used by Printondemand-worldwide.com shall remain the property of its author. It is therefore the responsibility of the customer to maintain an original electronic file. Customers' files or hard copy supplied will be returned after the order has been completed if requested by the customer. Any files supplied to Printondemand-worldwide.com may be held for a period of time at their discretion but may be subject to a storage charge should the customer expressly request them to do so.
16. Customer's property - Customer's property and all material supplied to Printondemand-worldwide.com by or on behalf of the customer will be held, worked on and carried at customer's risk. The customer shall be responsible for effecting insurance on such material whilst on the premises of Printondemand-worldwide.com.
17. Material Supplied by Customer - (a) Printondemand-worldwide.com may reject any papers or other materials supplied or specified by the customer which appear to them to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged. (b) Where materials are so supplied or specified Printondemand-worldwide.com will not accept responsibility for defective work unless this is due to their failure to use reasonable skill and care. (c) Quantities of materials supplied shall be adequate to cover normal spoilage. (d) Submission of electronic files in shall be in print ready, pdf format and transmitted to Printondemand-worldwide.com via the Internet, ftp server, email or on disc. There may be a charge levied for any files submitted in any other format and that are not print ready.
18. General Lien - Without Prejudice to other remedies, Printondemand-worldwide.com shall in respect of all unpaid debts due from the customer have a general lien, on all goods and property in their possession (whether worked or not) and shall be entitled on the expiration of fourteen (14) days notice to dispose of such goods or property as they think fit and to apply any proceeds towards such debts.
19. Illegal Matter - (a) Printondemand-worldwide.com shall not be required to produce any material which in their opinion is or may be of illegal or libellous nature. (b) Printondemand-worldwide.com shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous or alleged libellous material produced for the customer or any infringement or alleged infringement of copyright, patent or design.
20. Force Majeure - Every effort will be made to carry out contracts but their due performance is subject to cancellations by Printondemand-worldwide.com or to such variations as they may find necessary as a result of inability to secure labour, materials or supplies or as a result of any Act of God, war, strike, lockout or other labour dispute, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond the control of Printondemand-worldwide.
21. Receivership - In the event of a Receiver being appointed of the customer's property or assets of any part thereof or a Court Order being made or resolution for the winding up of the customer (except for the purposes of amalgamation or reconstruction) or the customer committing any act of bankruptcy or having any bankruptcy petition presented against him then Printondemand-worldwide shall be at liberty forthwith by notice in writing to the Customer to cancel all orders or contracts or any part thereof remaining unfulfilled between Printondemand-worldwide and the customer.
22. Jurisdiction - All contracts shall be deemed to have been made in England and the construction, validity and performance of such concern shall be governed in all respects by English law.
23. Notices - Any notice served hereunder shall be sufficiently served if sent to the usual or last known address of the addressee by first class post and shall be deemed to arrive fourty-eight (48) hours from posting. In proving service it shall be sufficient to show that the letter containing the notice was properly addressed, stamped and posted by first class mail.
24. Invalidity - The invalidity or unenforceability for any reasons of any part of these conditions shall not prejudice or affect the validity or enforceability of the remainder.
25. Waiver - Any time or other indulgence forbearance or concession by Printondemand-worldwide.com to the customer shall not in any way whatsoever waive, diminish, restrict or prejudice Printondemand-worldwide strict rights under the contract.
26. Title - The Company retains title in respect of all goods supplied until the Company has received payment in full
27. Data Protection Act 1998 - In order to comply with the requirements of the Data Protection Act 1998 the Customer should be aware that Printondemand-worldwide might transfer information about the Customer to our bankers/financiers for the purposes of providing services and for the following purposes: (a) Obtaining credit insurance (b) Making credit reference agency searches (c) Credit control (d) Assessment and analysis (including credit scoring, market, product and statistical analysis) (e) Securitisation (f) Protecting the Company's interests Printondemand-worldwide.com will provide the Customer with details of our bankers/financiers and that of any credit reference agencies used upon request.
28. Law - These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.
29. Cancellation Charge - Printondemand-worldwide.com will charge a cancellation fee of at least £50.00 to cover the administration work already undertaken by Printondemand-worldwide.com. An order shall be eligible for this charge once files have been supplied and the processing of the order has begun.
