WebMediaDesign LTD CONDITIONS OF BUSINESS
The following standard conditions apply to every order accepted by WebMediaDesign. (“the Company”) for the provision of designing and printing of all advertising media related to the production of leedscitymaguzine.co.uk
1.1 ‘The Company‘ means WebMediaDesign
1.2 ‘The Customer‘ means the person, firm, company or corporation who orders, purchases and/or contracts to order or purchase goods of the Company.
1.3 ‘The Contract Materials’ means much of the adverts and design by the Company to the Customer.
1.4 ‘The Materials’ means all artwork, layouts, prints, brochures, drawings related to the product, designs, proofs, plans or data or printed matter produced by the Company in connection with the provisions of service.
1.5 ‘The Order’ means the written Order placed by the Customer on the Company for the provision Contract Materials.
1.6 ‘The Quotation’ means the written quotation or tender submitted by the Company.
2.1 All quotations are made and all orders are accepted subject to the following terms and conditions. Any terms and conditions contained in any acceptance of this quotation which vary, are contrary to or additional to those herein contracted shall be void and of no effect.
2.2 A customer desiring any reasonable amendment of those terms should communicate with the Company before forwarding an acceptance. No amendment of these terms shall be valid unless made in writing and signed by the Company.
2.3 Before using any of our products, the customer shall determine the suitability of the product for its intended use, and the customer assumes all risks and liability whatsoever in connection herewith.
2.4 WebMediaDesign shall not be liable either in tort or in contract for any loss or damage – direct, incidental or consequential, arising out of missed deadlines or late artwork.
3. Description of Goods
3.1 All specifications, drawings, illustrations and dimensions issued by the Company are approximate only and do not form part of any terms, conditions or warranties of any contract entered into by the Company.
3.2 The Company may vary such specifications, drawings, illustrations at any time and for whatever reason, without having to give a reason or explanation.
4. Identification of Colour
4.1 Our standard colour reference is Pantone or 4 Colour Process.
4.2 The Customer should note that the natural colour filter of the paper will slightly alter the standard colour from its normal state.
4.3 Colours shown in any of our brochures or website reference are indicative only.
4.4 Best representation is achieved by placing a Pantone swatch sample next to any of your corporate colours.
5. Catalogues, Prices etc.
5.1 Catalogues, brochures and price lists and all other advertising matter are only an indication of the type of goods offered by the Company they shall not constitute a sale by description. All prices therein are intended to be correct at the date of publication but are subject to increase, alteration or withdrawal without notice.
6.1 All quotations made are applicable only to quantities specified and are valid for 30 days from the date of quotation. The Company reserves the right to increase its price to take account of variations in labour, material or other costs between the date of quotation and the last date of delivery of the goods.
7.1 Verbal orders must be confirmed in writing within 24 hours.
7.2 If the Customer cancels any order before its completion he shall immediately thereupon become liable to pay to the Company a sum equal to the cost of the labour, materials and overheads expended in the execution of the said order up to and including the date of the receipt of such cancellation plus the amount of the profit which the Company would have made but for such cancellation.
7.3 All orders placed either online or via phone, email or fax will be subject to a final acceptance by the company.
8. Delivery and Passing of Risk
8.1 Delivery of the magazine will be made either by Courier or by our own transport. It is the Customers’ responsibility to ensure that appropriate arrangements have been made to accept the goods.
8.2 Any dates quoted for delivery of the Contract Materials are approximate only and the Company shall not be liable for any delay in despatch or delivery or any loss or damage thereby arising. Time of delivery shall not be the essence, and the Customer shall not be able to cancel the Contract, refuse delivery of the Contract
8.3 Retention of Title – Goods shall remain the property of the Company until payment in full has been received. Until title to the goods passes to the Customer he shall hold the goods for the Company and shall store the goods in such a manner as they are readily identifiable as the property of the Company.
9. Intellectual Property
9.1 Ownership of all intellectual property rights in relation to design work carried out by the company rests with the company unless otherwise provided for by a separate agreement.
10.1 Goods will be despatched by the most convenient means unless otherwise agreed in writing.
10.2 We aim to deliver the magazine within 10 working days from the date sent to print..
12.1 Where credit terms have not been agreed, payment should be made in full with order or, where appropriate, immediately prior to print of the goods. Unless otherwise agreed in writing credit terms are strict net 30 days from date of invoice.
12.2 The Company reserves the right to charge interest on unpaid invoices at the base rate of Bank of England plus 8% accruing on a daily basis starting day 31 from date of invoice and compounded on a 14 day basis from the due date until full settlement.
12.3 Where payment is not normally to be made until after delivery and the latter is delayed by the Customer‘s inability or unwillingness to accept such delivery at the time the goods are ready for despatch, the Company reserves the right to demand immediate payment in full after giving notice of its readiness to deliver the goods and to charge the Customer any storage expenses it may have to incur, all such storage being entirely at the Customer‘s risk.
13. Defects and Quality Control
13.1 The Company shall not be under any liability to the Customer or to any third party in respect of defects in goods delivered whether patent or latent or for any injury, damage or loss resulting directly or indirectly from such defects howsoever caused. Without prejudice to the foregoing the Company reserves the right at its sole discretion to make replacement of goods or parts in respect of any complaint in writing relating to alleged defects received by the Company within one month of the date of delivery. The date of delivery for the purpose of this clause shall be the date of delivery to a carrier by the Company.
14.Cancellation of any adverts must be done 7 days prior to the date at which the magazine is sent to print. The sent to print date will be shown in your initial engagement letter. A full refund will be issued if your advert artwork was supplied by you & if WebMediaDesign are responsible for your artwork we will deduct £90.00 to cover our studio time.
15.1 The Contract shall be governed by the laws of England and for the purposes of settlement of any disputes arising out of or in conjunction with these Conditions or the Contract the parties hereby irrevocably submit themselves to the jurisdiction of the English Courts.