Terms & Conditions
These terms and conditions are those of Cardworks. Terms and Conditions apply to all print, display, signage and any other work completed by Cardworks for Customers. All work produced remains the Property of Cardworks until paid in full by the customer.
1) PRICE VARIATION
Estimates are based on the Cardworks current costs of production and unless otherwise agreed are subject to amendment on or at any time before acceptance to meet any rise in such costs.
2) TAX
Cardworks reserves the right to charge the amount of any taxes, value added tax, duties or royalties etc which are payable whether or not included on the estimate or invoice.
3) PRELIMINARY WORK
All work carried out, whether experimentally or otherwise, at the customers request shall be charged.
4) COPY
A charge may be made to cover any additional work involved where copy supplied is not clear, complete and legible.
5) PROOFS
Proof copies of all work including photographs may be submitted for customers approval and Cardworks shall incur NO LIABILITY for any errors not corrected by the customer in proofs submitted. Customer alterations and additions will incur further charges. When layout is left at Cardworks' discretion any changes made thereafter will incur further charges.
6) COPYRIGHT / INTELLECTUAL PROPERTY
The customer shall be solely responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, literatures, maps etc. The customer will indemnify the printer and his agents from any claim arising thereof.
7) COMPANY IMPRINT
Unless otherwise specially requested in writing all proofs produced may carry our company imprint which will be positioned at our discretion.
8) DELIVERY AND PAYMENT
(a) delivery of work or service shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed, the ownership shall pass over providing full payment has been received by cleared effects.
(b) no work will commence until:
i) full payment has been received unless account agreed with customer. Cardworks reserves the right not to start such print work until any such payments, in the case of cheques, have cleared its bank.
ii) proof approval is submitted unless by prior arrangement.
(c) the responsibility for collection and or delivery of goods lies with the customer. Any carriage arranged by Cardworks is on the customers behalf and the printer is not liable for any delays arising out of that carriage.
(d) should expedited delivery be agreed, an extra charge may be made to cover any overtime, or any other additional costs involved.
(e) should work be suspended or delayed at the request or as a result of the customer or their agents for a period of more than 14 days Cardworks shall then be entitled to payment for all work already carried out, material specially ordered and other additional costs including, but not restricted to, storage.
(f) cheques returned to Cardworks will incur a handling charge of £20 per transaction. Cardworks reserves the right to notify any credit agencies when cheques are so returned.
(g) deposits so provided for work ordered are generally non-refundable
(h) delivery times of work is based on COLLECTION of goods and does not include time for deliveries, such deliveries being provided by third parties on the request of the customer. No claim for loss or damage in any way can be entertained when such third parties are engaged for the delivery of goods.
(i) the person signing for the work shall be personally liable for ensuring payment of such work in full regardless of whether signing as an individual, for a Partnership, Sole Trader, Limited Company, Charity, or any other organization type.
9) COMPLETION DATES
All delivery dates/times given are approximate, unless a guaranteed delivery date has been agreed in writing and the appropriate guarantee payment received.
All delivery dates given are approximate and are based ONLY on working days AFTER receipt of
i) the final proof copies,
ii) written authority to proceed,
iii) full payment. Cardworks reserves the right not to commence work until, in the cases of cheques, payment has cleared its banking system. Although every effort will be made to meet such approximate dates, due to the nature of the process Cardworks cannot accept any liability or consequential loss claims arising from such a completion date not being met other than to the extent of the refund of any premium charges which may have been paid.
10) VARIATION IN QUANTITY: every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% being allowed for overs or shortages the same to be charged or deducted.
11) CLAIMS
Any query regarding the condition of goods supplied should be made to Cardworks verbally as soon as practicable and no later than 24 hours after the collection / receipt of the goods and confirmed in writing NO LATER than 5 working days after same. Any claim regarding non-delivery must be made in writing within 10 days on the invoice date. No claims will be entertained that fall out with this time period.
12) LIABILITY]
Cardworks shall not be liable for any loss to the customer arising from delays in transit not caused by Cardworks. Cardworks shall not be liable for any loss to the customer for non-delivery of goods unless a guaranteed delivery has been agreed by Cardworks, and then ONLY to the refund of the guarantee premium.
13) STANDING MATERIAL
All plates and associated products used by Cardworks shall remain their exclusive property. Such items supplied by the customer shall remain the customers property, such items being supplied by the customer entirely at their own risk. Cardworks reserves the right to destroy or dispose any and all such products immediately after production has been completed, with the exception of products supplied by the customer which will be retained, at the customers own risk, by Cardworks for a period not exceeding 1 month, such clause applying also to work not collected.
14) CUSTOMERS PROPERTY
All property supplied to Cardworks by or on behalf of the customer shall while it is in the possession of Cardworks or in transit to or from the customer or their agents be deemed to be at the customers own risk unless otherwise agreed by Cardworks in writing, such property should be insured accordingly by the customer. Whilst every care is taken, Cardworks and its agents cannot accept any responsibility for loss or damage to any artwork, photographs, media storage, disk, literature or ANY other property supplied by the customer or their agents, any liability shall be limited to the replacement cost of the basic material to a maximum claim value of £50 (fifty pounds sterling). Any goods not collected within a period of 8 weeks will be, at the discretion of Cardworks, disposed of.
15) MATERIALS SUPPLIED BY THE CUSTOMER
(a) Cardworks may reject any paper, plates or other materials supplied or specified by the customer which appear to them as unsuitable. Additional costs will be incurred if said defective materials cause an unreasonable delay to Cardworks. Under no circumstances may any inks or other consumable / chemical products be supplied by the customer or their agents.
(b) Where materials are so supplied Cardworks will take every care to secure the best results, however responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c) it shall be the customers sole responsibility to satisfy themselves of the suitability of ANY paper/card used, examples include, but are not restricted to: suitability of goods for food use, suitability of paper for laser printers etc. Cardworks cannot accept responsibility for any claim arising from the unsuitability of printed products. The customer or their agents must also supply an adequate extra amount to cover normal spoilage and set up.
16) INSOLVENCY / ACCOUNTS
If the customer ceases to pay debts in the ordinary course of business or cannot pay their debts as they become due or being a company is deemed to be unable to pay its debts or has a winding up petition issued against it or being a person which has an act of bankruptcy petition issued against him/her, Cardworks without prejudice to other remedies shall:
(i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out, whether completed or not and materials purchased for the customer, such charge to be an immediate debt due to him/her and
(ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled to the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.
ACCOUNTS
Cardworks will at their discretion determine whether a trade account will be opened after obtaining relevant references and bank opinions supplied by the customer. Accounts are normally only available to council and government bodies and PLC companies and such work only undertaken on the provision of a duly signed purchase order. Such invoices are issued strictly on a nett monthly account, Cardworks reserve the right to charge interest on overdue accounts and or to close accounts at any time, in such events all monies, whilst due or not becoming immediately payable.
17) ILLEGAL MATTER:
(a) Cardworks shall not be required to supply any matter which in its sole and final opinion is or may be of an illegal or libellous or inappropriate nature or an infringement of the proprietary or other rights of any third party, such conditions being extended to material of an extreme or political nature.
(b) Cardworks reserves the right to refuse to produce any matter which in its opinion may be prejudicial or detrimental to the good of Cardworks and or its agents. Cardworks shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material printed for the customer and or their agents. The indemnity shall extend to any amounts paid on a lawyers advice in settlement of any claim.
18) SUITABILITY OF PRODUCTS: Cardworks accepts no responsibility as to the suitability of any printed product. In cases where such printing may be used for clothing labels, food packaging etc it is the customers sole responsibility to ensure the suitability prior to printing, no claim will be entertained.
19) COLOUR WORK: every effort will be made to obtain the best possible colour reproduction on customers work but due to the nature of the process involved Cardworks shall not be required to guarantee an exact match in colour or texture between the printed results and any proof or existing copy so supplied. Pantone ink matches cannot be produced using the full colour process. Any proof copies issued are NOT colour accurate and are issued for content checking only.
20) CANCELLATONS:
BY THE CLIENT
Design, Digital Print, Large Format Print & Merchandise - All work, including partly completed work, must be paid for in full in the event of the client cancelling an order.
Installation Work – Installation fees must be paid in the event of a cancellation that is less than 72 hours from the installation work date.
All cancellations must be put in writing and an invoice will be issued for immediate payment (or within 30 days for customers on account).
BY CARDWORKS
Cardworks reserveS the right to cancel ANY order at ANY time without reason. Where such orders are cancelled any monies due will be refunded EXCLUDING any costs incurred as a result of work done on the instructions of the customer or their agents.
21) INTERNET AND EMAIL
Where orders are placed via electronic means, including but not restricted to, web, internet and email no order will be deemed as accepted by Cardworks until such orders are produced on an OFFICIAL Cardworks order form. Cardworks reserve the right to alter prices on such order forms should the specification of the order differ from the customers original brief/order.
22) PRINTED RESULTS
Cardworks have no control over the production of artwork supplied by customer and or their agents. The guide produced by Cardworks is a basic guide only and in no way provides an exhaustive or guaranteed result, where customers or their agents supply artwork for production on disk or via any other means this is done entirely at the customers own risk. Cardworks can accept no responsibility for the quality of the final product.
23) FORCE MAJEURE:
Cardworks shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control including, but not limited to: staff illness, act of god, legislation, war, terrorist activity, fire, flood, drought, failure of power, mechanical / machinery failure, lock out, strike or other action taken by employees in contemplation of furtherance of a dispute or owing to any liability to procure material required for the performance of the contract. During the continuance of such contingency the customer may by written notice to Cardworks select to terminate the contract and pay for work done and material used, but subject thereto shall otherwise accept delivery when available.
24) TERMS AND CONDITIONS
These terms and conditions are those which any order or contract is founded upon and supersede any terms and conditions issued by the customer or their agents prior to or after the placing of any order.
25) DATA PROTECTION / GDPR
By placing an order the customer agrees to the use of their personal data provided for the purposes of delivering the requested estimate and order including accounting purposes, even after the completion of initial works. Cardworks may also, from time to time, contact you regarding offers that may be of interest to you as part of an ongoing business interest to you. There will be a clear option to unsubscribe from any such communication. Such data will NOT be passed to any third party. The customer must satisfy themselves that any graphic files supplied via internet ordering are NOT secure and that such data is available in the public domain. Cardworks will, at its discretion, use any material so printed for display in Cardworks premises or for marketing/direct mail purposes. Such uses include but are not restricted to: printed illustrations on current mailings, marketing literature, shop display, window display. See Privacy Notice for more information
26) LAW
These conditions and all other express terms of the contract shall be governed and construed in accordance with laws of England, E&OE.
27) UPDATES
These printed terms are deemed out of date if superseded by amendments published on the companies web page at https://www.cardworksplus.com/ Reference should be made at this site for the latest version of terms and conditions. Cardworks reserve the right to amend, alter or withdraw any product without notice.