Terms and Conditions of Business
1. Plain-Talk Print is the trading name of
Jodi Cook, M.A., whose address at which documents may be served is The Victorian
Gas Works, 1 Arundel Street, Glossop SK13 7AB.
2. These Conditions shall be deemed to be incorporated in all contracts
of Plain-Talk Print to sell goods and in the case of any inconsistency with
any order or form of contract sent by the purchaser to Plain-Talk Print whatever
may be their respective dates the provision of these Conditions shall prevail
unless expressly varied in writing and signed by the proprietor of Plain-Talk
Print.
3. Notwithstanding that Plain-Talk Print may have given a detailed quotation,
no order shall be binding on Plain-Talk Print unless and until it has been
accepted in writing by Plain-Talk Print. For the purposes of this clause
and this clause only, writing may be by letter, fax or electronic mail. An
order may be cancelled at any time before going to print by Plain-Talk Print
or the customer giving written notice to that effect. Plain-Talk Print reserves
the right to charge a cancellation fee where work has already been carried
out on a job at the time of cancellation.
4. Any explicit and determined times or dates given for completion or delivery
of goods shall be binding on Plain-Talk Print, insofar as Plain-Talk Print
undertake to carry out additional work for the purchaser to the value of
the print element of any goods not supplied on time. Such liability shall
not extend to delays beyond the control of Plain-Talk Print including, without
prejudice to the generality of the foregoing, defects in files or omissions
of information, delays in approval of proofs, and non-performance of carriers.
5. By their nature goods do not have a redeemable value and no refunds or
credits for goods correctly supplied will be entertained.
6. All goods shall be paid for at the time of order unless
credit terms are stated on the invoice. Amounts outstanding at the expiry
of this term are subject to accrue interest at a rate of 4% of the invoice
total per month calculated daily.
7. (a) Any shortcomings or defects in goods supplied must
be notified to Plain-Talk Print within 3 working days of delivery.
(b) Such goods must be returned to Plain-Talk Print for
inspection. Nothing herein shall impose any liability upon Plain-Talk Print
in respect of any
defect in the goods arising out of the acts, omissions, negligence
or default of the
Purchaser, its servants or agents, including without prejudice to the generality
of the foregoing handling and storage of the goods.
(c) Nothing herein shall
have the effect of excluding or restricting the liability of Plain-Talk
Print for death or personal injury resulting from
its negligence
insofar as the same is prohibited by statute, or under sections 12, 13,
14 and 15 of the Sale of Goods Act 1979 to a purchaser who is dealing
with a
customer as defined by section 12 of the Unfair Contract Terms Act 1977.
8. Plain-Talk Print shall not be liable for any costs, claims or damage
arising out of any act of tort or omission or breach of contract or statutory
duty calculated by reference to profits, income production or accruals or
loss of such profits, income production or accruals or by reference to accrual
of such claim, damages or expenses on a time basis.
9. The liability of Plain-Talk Print to the purchaser for any loss or damage
of whatever nature and however caused shall be limited to the price of the
goods.
10. If the purchaser shall be in breach of any of
their obligations under the contract Plain-Talk Print may (without prejudice
to Plain-Talk Print’s
rights subsequently to determine the contract for the same cause should it
so decide) suspend further deliveries of goods without notice until any defaults
by the purchaser are remedied.
11. No statement, description, information, warranty or recommendation contained
in any catalogue, price list, advertisement, website or communication, or
made verbally by any agent of Plain-Talk Print, shall be construed to enlarge,
vary or override in any way these Conditions.
12. Any concessions made or latitude allowed by Plain-Talk Print to the
purchaser shall not affect the strict rights of Plain-Talk Print under the
contract. If in any particular case any of these Conditions shall be held
to be invalid or shall not apply to the contract the other Conditions shall
continue in full force and affect.
13. Upon sight of artwork and at its sole discretion, Plain-Talk Print reserves
the right to decline to print any item it deems to be inappropriate. Any
payments made for work rejected by reason of this clause will be refunded
in full.
14. The contract shall in all respects be governed by English
law and shall be deemed to have been made in England.
