The Placing of an order constitutes acceptance of these terms and conditions of business. These terms and conditions are not open to amendment and shall be deemed to be incorporated in all contracts for the sale and supply of services and materials by BAF Graphics Limited.
Unless otherwise stated a quotation is open for acceptance for a period not exceeding 30 days from the date of supply.
CONFIRMATION OF ORDER
An order or an acceptance of a quotation must be accompanied by sufficient information to enable BAF Graphics Limited to proceed with the order. Any modifications must be agreed in writing and reference must be made to any special quotation which has been given. All telephone and verbal orders must be confirmed in writing immediately. All communications relating to orders should specify the number and date of the original order together with a description of the goods. BAF Graphics Limited will accept no responsibility for losses arising from non-observance of these requirements.
BAF Graphics Limited will use every effort to achieve accurate colour matching but reserves the right to charge for achieving this beyond normal operating standards. Without special instructions, reproduction of the colour will be deemed faithful at the discretion of the company.
By placing the order the client declares his right to reproduce all text, artwork, negatives, transparencies and digital files supplied. The client assumes absolute liability for any resulting violation of copyright in any action brought by a third party.
The company will use its best endeavours to ensure that orders are completed within the time stated but will not accept any liability for damages in the event of failure to do so. Should delay be experienced in the completion of an order the buyer does not have the right to cancel his order either entirely or in part. Delivery instructions undertaken will be adhered to as closely as possible but no responsibility can be accepted for any delays. Delivery time is in addition to the estimated minimum processing times required or quoted. Every effort will be made to comply with requests to complete work in less than the normal time required for its proper production during normal working hours but the client will, in such circumstances, accept responsibility for any defects which result. An extra charge will be levied when orders, because of the urgency, have to be processed outside normal daily working hours. The right is also reserved to levy delivery charges. Where carriers are used for special deliveries throughout Europe or beyond we cannot be liable for timed deliveries that do not meet requested deadlines due to late arrival, whatever the cause.
Any goods rejected as not complying for whatever reason with the order placed must be so rejected in writing within 7 days of receipt by the client or his agent. Goods damaged in transit must be kept within their packaging for inspection. In the event of a complaint, the work in question must be returned together with the invoice and all original material. BAF Graphics Limited must be notified immediately if delivery is not effected within 3 days of receipt of invoice. While every care will be taken in handling the client’s original material no liability will be accepted for its loss beyond the nominal cost of the material.
RESERVATION OF TITLE
BAF Graphics Limited retains the title to the goods until all amounts due from the client are paid. In the event of a client being unable to pay his debts, the company may enter the clients premises and recover the goods which are its property by virtue of this clause.
TERMS OF PAYMENT
Where no other terms have been specified, the company’s terms of payment regarding established credit accounts are net cash payable in full within 30 days of date of invoice. In the case of new business the terms are strictly cash with order until a credit account has been established. A credit account application will need to be supported with two satisfactory trade references. Credit limits will be determined by BAF Graphics Limited. BAF Graphics Limited reserves the right to withdraw credit if sales do not exceed £1,000 per annum or if its terms of payment are abused. In the event that an invoice remains outstanding in whole or in part after 30 days, BAF Graphics Limited reserves the right to charge interest on the unpaid balance on a daily basis of at 4% above Barclays Bank base rate from the date of the invoice to the date of final payment. Any legal costs incurred in recovering a debt will be added to the account.
BAF Graphics Limited reserves the right to alter prices without notice and all prices quoted are strictly net ex-works. Quantity discounts will be considered on request.
Due to high cost of processing and transportation a minimum order charge of £60 will apply.
All prices quoted are subject to VAT at the subsisting rate.
BAF Graphics Limited advises the client to insure the materials/originals for their full value against all risks, loss or damage at all times, including transit to and from the company. Notwithstanding the above, the client may instruct the company in writing and provide all such information required to enable the company to effect the necessary insurance of the materials. This should be done at the time of submitting the order and the acceptance of the materials shall be agreed in writing with the client by a director of the company once the insurance premium has been agreed and paid.
These terms and conditions together with the company’s job sheets and current price lists constitute the entirety of the contract between BAF Graphics Limited and the client. No variations of or additions to the same shall be of any legal effect and no employee or agent of the company is authorized to make any representation binding upon the company unless such variation or addition is made in writing and signed by a director of the company.
The company shall not be liable for any failure to perform the contract due or principally due to any circumstances beyond its control including but not limited to inability to secure labour, materials, supplies or transport, scarcity of fuel, power or components, breakdowns in machinery, fire, storm, flood, act of God, war, civil disturbance, terrorist action, strikes, lockouts and industrial action in whatever forms.
These terms and conditions and any questions disputes or other matters relating to them or to any contract made subject to them shall be governed by and determined in accordance with the laws of England and Wales.