Promotional Calendars
Terms and Conditions of Sale of : Print Services
a) “The Supplier” form-asian co., ltd
b) “The Client” Any individual, client or corporation who buys or agrees to buy goods or services from the supplier.
c) “Conditions” The Conditions of Sale set out within this document and any other special conditions agreed in writing by the supplier.
d) “Services” Any services (including without limitation) design, layout or creation of Print Services, Printed Materials and Goods by the supplier on behalf of the client.
e) “Goods” Any printed material (including without limitation); brochures, corporate information or calendars purchased from the supplier by the client.
f) “Print Services” Any printed services carried out by the supplier on behalf of the client.
g) “Printed Materials” Any printed material (including without limitation); brochures, corporate information or calendars created by the supplier for the client.
h) “Designs” (Includes, without limitation) letter heads, images, logos or any other media designed for the client by the supplier.
i) “CAP Form” (“Client Acceptance of Proof” Form) A document issued with final image proofs to the client to be returned to the supplier before final printing commences.
2. Conditions
a) All conditions set out within the documentation shall prevail over any conditions of purchase set by the client.
b) Amendments to these terms and conditions must be requested by the client and then confirmed in writing by the supplier.
c) Purchase of any printed services shall constitute acceptance by the client of all terms and conditions imposed.
d) The conditions set out within this documentation by the supplier do not affect any local statutory rights as a consumer.
3. Pricing
a) The pricing set within the suppliers current price list, website or if applicable, the official quotation offered, shall be those accepted.
b) It is the responsibility of the client to ensure any applicable local taxes for printed services purchased are included within the quotation. In the instance where any local taxes have not been included within the quotation and subsequent order, it shall be the clients responsibility to ensure that these taxes are payable in addition.
4. Ordering.
a) Without prior agreement, orders shall only be deemed received upon receipt of a valid purchase order form from the client.
b) Where the client places a verbal order, confirmation shall be sent via e-mail from the supplier to the client.
c) Non-receipt of email confirmation (4.b), (where proof of sending can be demonstrated by the supplier) shall not constitute non-placement of an order by the client.
d) Delays caused by non-receipt of written orders shall not constitute the supplier’s breach of terms and conditions. Any negative implications in delay of goods or services caused by the delay in receipt of order confirmation shall not be deemed the responsibility of the supplier.
e) The client is expected to ensure that all services and goods purchased are suitable for their needs prior to ordering. Where possible samples or demonstration of goods and services shall be provided either.
5. Credit Terms for “Printed Services”.
a) Unless prior agreement has been made, or specific changes have been noted, a 50% non-refundable deposit will be required prior to the start of any print services work undertaken by the supplier.
b) Where possible the supplier shall accept all suitable methods of payment.
c) Account balance will be required within 30 days of printed materials or goods receipt.
6. Late Payment
a) Unless prior agreement has been reached regarding late payment (request for which is to be made 10 days in advance of the payment deadline) interest on overdue invoices shall accrue from the date when payment becomes due day to day until the date of payment at 1.5% of the invoice amount.
b) The supplier retains all rights of ownership of designs and printed materials and goods created for the client until payment has been made in full. If the ownership of any designs are to remain with the supplier after purchase, the right request the destruction of any works completed is reserved.
7. Final Confirmation
a) In addition to an order confirmation form, the client is required to return, signed, to the supplier the provided CAP Form that shall act as declaration by the client of acceptance of all materials, images, logos and text.
b) The supplier shall not progress to the final printing of materials without the receipt of CAP Form.
c) Verbal confirmations of cannot be accepted and therefore shall not constitute receipt of Cap Form.
d) Delays caused by non-receipt of CAP Form shall not constitute the supplier’s breach of terms and conditions.
e) Any negative implications in delay of printed materials, including additional delivery charges, caused by the delay in receipt of CAP Form shall be deemed the responsibility of the client.
8. Cancellation of “Printed Services”
a) Once confirmation of acceptance of all printed materials, text and designs to be used in any print services by the supplier has been received, the supplier reserves the right to refuse refund of payment on cancellation of services or goods.
b) Once confirmation of acceptance of all printed materials, text and designs to be used in any print services by the supplier has been received, the supplier reserves the right to charge for any additional changes that may arise by changes requested by the client.
c) The supplier reserves the right to bill in full for any works cancelled once printing has commenced. A 10 day “cooling off” period shall be given from the receipt of any order and confirmation of acceptance of artworks, text and design is received to facilitate and prevent this.
d) In the event that a cancellation is accepted prior to final printing has commenced, the supplier shall make no offer of refund of deposit.
e) The right to cancel any printed services contract where the supplier feels delays have exceeded 90 days at the fault of the client shall be reserved. In these instances no refund shall be offered and all designs shall remain the property of the supplier who may request that proof of destruction is given by the client for any printed materials or samples given.
f) Where printed services have been cancelled, the supplier shall reserve the rights of all ownership of designs and intellectual properties without limitation.
g) In the event of cancellation of services, any images or design aspects owned prior to the commencement of work by the client shall be returned unchanged. Any changes made shall remain the property of the supplier.
9. No Waiver
Failure by the supplier to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the client in performance or compliance with any of these conditions.
10. Complaints
Where the client wishes to make a complaint about any services offered or the terms and conditions imposed within this documentation contact should be made immediately with the supplier. All complaints will be dealt with in a fair and confidential manner.
11. Misc.
