1. ACCEPTANCE OF CONDITIONS
Unless the company expressly agrees to the contrary in writing:
1.1 These conditions shall apply to all contracts between the Company and any other person, firm or Company for the supply of goods or the carrying out of services by the Company.
1.2 Any estimates shall be valid and effective only in conjunction with and incorporating these conditions.
1.3 These cannot be modified or excluded by any printed or other standard terms which the Customer may seek to incorporate.
1.4 Placement of an order with the Company or acceptance by the Customer of delivery of any goods or the provision of any services shall be deemed proof of the acceptance of these conditions.
2. DEFINITIONS
In these conditions (unless the context otherwise requires)
2.1 "Contract" shall mean the special conditions set out in the estimate overleaf between the Company and the Customer for the supply of Work and these Conditions of Business.
2.2 "Company" shall mean Blue Chip Printing Limited, Registered in England & Wales Number : 6623521.
2.2.1 "www.bluechipprinting.co.uk" & "Blue Chip Printing" & "www.24kprint.co.uk" & "24kprint.co.uk" & "24kprint", are all trading names of Blue Chip Printing Limited, and should be considered within the meaning of "Company", clause 2.2 above.
2.3 "Customer" shall mean the person, firm or Company contracting for the Work.
2.4 "Work" shall mean the services undertaken and goods supplied by the Company to the Customer from time to time, including, as appropriate, but not limited to design, art working, computer programming, scanning, plate production, proofing, litho printing, digital printing, screen printing and supply of material and goods, finishing, order fulfilment together with all ancillary services related thereto and consultancy on all appropriate matters.
2.5 "Specification" shall mean the detailed specification provided by the Customer and incorporated in the special conditions overleaf (as amended by agreement between the parties from time to time).
3. ESTIMATES
The Company shall have the right, by notice of writing, to withdraw any estimate given by the Company at any time. Unless withdrawal is waived in writing by the Company all estimates shall be deemed to be withdrawn unless the Company receives notice of the Customer's acceptance in writing within 30 days from the date of the estimate. Acceptance in writing constitutes an order.
4. ORDERS
4.1 Orders regularly entered, verbal or written, cannot be cancelled except upon terms that will compensate the Company against loss.
4.2 Customers contracting work on behalf of their clients and requiring the Company to invoice their client directly must ensure that their client provides the Company with a written order authorising such invoicing and agreeing to the Conditions of Business as provided herein.
4.3 Customers requiring the Company to invoice their clients as notified in 4.2 shall fully indemnify the Company against any loss of any kind, howsoever caused, including, but not limited to, non payment.
5. ADDITIONAL CHARGES AND SPECIFICATION CHANGES
5.1 Estimates are based upon the current costs of production and current rates of tax or duty and are subject to amendment by the Company on or at any time after acceptance to meet any rise or fall in such costs or rate of tax or duty. Additional charges may also be made to cover any extra work involved where copy, artwork or materials supplied are not clear or legible or otherwise not in accordance with the requirements laid down by the Company.
5.2 Whether during or after acceptance the Customer requires a change in Specification or the scope of Work then the Customer shall provide to the Company full written particulars of the requested modification and all such further information as the Company shall reasonably require. As soon as practicable after receiving such particulars, the Company shall inform the Customer as to whether the changes required are feasible and what alterations to any delivery or completion schedule agreed will be necessary and its estimate of the additional charges which would arise from implementing them. If the Customer elects to proceed with the modification they will either submit an additional or replacement order containing either full details of the modification and amended costs or a fully revised specification covering the new total cost of the Work.
5.3 If the Customer has been made aware of the change of specification or not or is advised that additional costs will be occurred due to the nature of the work then the Company is granted the ability to issue an additional or revised invoice for the cost of the extra work involved.
5.4 Any specification changes requested by the customer, from the initial order specification, (to be agreed at the discretion of the Company), will incur a minimum £25 +VAT cost to cover administration time and credit card / debit card transaction costs and any other costs incurred.
6. VALUE ADDED TAX (VAT)
Where applicable Value Added Tax, and any other duty as may become applicable, will be charged whether or not included in the estimate or invoice and the Company reserves the right to charge Value Added Tax, or any other duty, as an invoice in its own right for items of Work that should attract such Value Added Tax or other duty. All prices shown on the website exclude VAT. VAT will be added at the rate applicable at the date of order, and included in the total at basket and purchase stage. Some items of print do not currently attract VAT; See our Basic Guide to VAT on Printed items, or contact HMRC direct for clarification. A VAT invoice will be sent by email to your nominated email address (in PDF format) within 4 weeks of despatch of your printed job. If a VAT invoice is required within a shorter timeframe, please email us and we will endeavour to provide one for you.
7. EXPERIMENTAL, PRELIMINARY AND PREPARATORY WORK
7.1 Experimental or preliminary work performed at customer's request, such as designs sketches, drawings, composition, plates, presswork and materials will be charged for at current rates and may not be used without consent of the Company.
7.2 Designs, sketches, copy, dummies and all preparatory work created or furnished by the printer, shall remain his exclusive property and no use of same shall be made, nor any ideas obtained there from be used, except upon compensation to be determined by the printer.
7.3 The Company reserves the right to use any knowledge and rights acquired in developing work to market and license other products derived therefrom save only that such rights shall not include the right to reproduce any materials submitted by the Customer save as provided in condition 19.
8. STANDING MATERIAL
8.1 Metal, and other materials owned and used by the Company in the production of type, plates, moulds, blocks, cutters, dies, stereotypes, electrotypes, negatives, positives and the like shall remain the exclusive property of the Company.
Such items when supplied by the Customer shall remain the Customer's property.
8.2 With the exception of plates which shall be destroyed immediately, the Company reserves the right to destroy all manufacturing components and data (as listed in 8.1) 3 months after the Work is completed where no re-orders have been received unless written arrangements are made to the contrary. In the latter event rent may be charged.
9. CUSTOMER'S PROPERTY
9.1 The Customer's property and all property supplied to the Company by or on behalf of the Customer shall be held, worked on, and carried at the Customer's sole risk and the Company shall not be liable for any loss or damage to such property howsoever caused and the Customer shall insure accordingly. If property so supplied is not readily replaceable the
customer is advised to keep duplicate copies at all times.
9.2 Where the Company has insurance covering loss or damage to Customer's supplied property the Company's liability for such property shall not exceed the amount recoverable from such insurance in relation to that property.
10. CUSTOMER SUPPLIED PRODUCTION MATERIALS
10.1 We do not accept any customer supplied materials for the production of your printed material. We will supply all material required for the production of your print. All artwork supplied must be supplied digitally to our exact specifications as per the Artwork page on this web site.
11. PROOFS
11.1 The Customer shall supply complete or partially complete artwork on disk, by email, by FTP Transfer onto our FTP server, by FTP Transfer if put on our own or a 3rd party’s FTP server or other electronic means. Customers submitting artwork by any electronic means must clearly identify whether the Work is intended for four colour process, other process colour mode or spot colour mode separation and in the case of spot colour mode separation what quantity and name(s) of the spot colours are. Spot colours must be set up as Pantone Colours.
11.2 The Company shall supply electronic PDF proofs before proceeding to print. The Company will only proceed to print production once the Customer has approved the PDF proofs. It should be noted that PDF proofs are for content only and are not accurate for colour. Should an accurate colour proof be required, the Customer should request a machine printed wet proof as this is the only fully accurate proof possible, and this will be quoted as an additional cost on request.
11.3 The Company shall not be responsible for errors if the customer has has refused to accept proofs or has failed to return proofs with indication of changes or has instructed the Company to proceed without submission of proofs, or has given the Company approval to proceed.
11.4 Unless specifically provided in the Company's estimate, press proofs will be charged for at current rates. An inspection sheet of any form can be submitted for customer approval, at no charge, provided the Customer is available at the press during the time of make ready. Any changes, corrections or lost press time due to customer's change of mind or delay will be charged for at current rates.
11.5 Digital PDF proofs produced by the Company are not guaranteed as good or close for colour approval and do not constitute a contract proof suitable for print production. Our own Calibrated Epson proofs are the only proofs deemed acceptable as contract proofs and only for when the final printed product is printed on coated stocks (Silk or Gloss stocks only). Digital proofs prepared for litho print to be litho printed on uncoated stocks are as a guidance only as uncoated stocks are not always accurately represented using digital proofing technology. Where digital proofs include spot colours the Customer accepts that such spot colours are only a guideline and cannot be considered good or close for colour approval. You will need to view all PDF proofs at 100% to see the exact size of your product when printed. PDF proofs must always be viewed using the latest version of Acrobat Reader. PDF proofs must always be viewed with the overprint preview set to "ON". This is an option under the preferences under Category: Page Display - under this there is an option to "use overprint preview": there is a drop down box that you should change to 'Always'. This will preview the pdf correctly and as it will print.
11.6 Because of differences in equipment, paper, toners, digital ink productions and conventional litho inks and other conditions between pre-press colour proofing, wet proofing and production pressroom operations, a reasonable variation in colour between colour proofs, contract proofs and the completed job shall constitute acceptable delivery.
11.7 Where the Company submits digital proofs by email, onto our FTP server or onto a 3rd party FTP server, posting to the internet or other electronic means the Company accepts no liability for variation between either the perceived colour or composition of artwork on screen or via the Customer's output device and that of the printed article. Such digital proofs are for guidance only and full liability for colour variation and composition errors rests with the Customer accepting such proofs as final acceptability to proceed with print production.
12. PRODUCTION AND DELIVERY SCHEDULES
12.1 Production schedules will be established by the Company and the Customer agrees that any such schedule for the completion of such Work is a best estimate only and shall not represent a commitment to deliver by such date and time.
12.2 Without prejudice to condition 12.1 above, while the Company shall make all reasonable commercial efforts to comply with any delivery schedule agreed, time shall not be of the essence in respect of any delivery.
13. DELIVERY AND PASSING OF RISK
13.1 Unless otherwise specified, the estimated price is for a single shipment, without storage, to the customer's place of business. Delivery proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to printer, or from customer's supplier to printer are not included in any quotations unless specified.
13.2 Without prejudice to any offer of a collection and delivery service by the Company expedited pickup or delivery services will be provided at current rates upon Customer's request.
13.3 Delivery is deemed to be effected and risk in the Work shall pass to the Customer upon delivery, to carrier at shipping point, collection by the Customer or their elected representative or upon mailing of invoices for finished work.
13.4 Free* Mainland UK delivery is included on all printed products where the combined order total is over £75.00 (excl VAT). A delivery charge of £7.50 + VAT will be added on orders under £75.00
14. VARIATION IN QUANTITY OF PRINTED MATERIALS
Every endeavour will be made to deliver the correct quantity ordered but it shall be a term of the contract that margins of up to 5 per cent (5%) for all Printed Work, and up to 3 per cent (3%) for all Unprinted Work, are allowed for overs or shortages, the same to be charged or deducted (Minimum £5 +VAT) pro rata after set up costs have been allowed for. (NOTE : the company will not charge any extra for overs supplied - in this case, we consider it Good Will and of environmental good practice to provide any overs which would otherwise have been recycled); and where the Company is to deliver in instalments this condition shall apply to each instalment.
15. TERMS AND PAYMENT
15.1 In the absence of the express written agreement of the Company to the contrary and in consideration of the Company accepting instructions from the Customer which first places the order, such Customer will be primarily liable for all sums due to the Company in respect of such order in full with any discount (except any discount allowed by this Contract), deduction, set-off or abatement on any grounds irrespective of whether or not such Customer is acting as principal or agent.
15.2 Unless otherwise agreed in writing, and subject to status, payment for all Work shall be required upon placing of your order through our Web Site. 30 days (30) from invoice account facilities will only be offered to PLC companies, Government and local Government Departments and Councils, and Charities of very good financial standing. This will be verified through our Credit checking and advising agencies and will only be offered where the credit rating is above £500,000 (£500K). For the purpose of this condition 15.2 time shall be of the essence. Payment for Work shall not be deemed to have been until the Company is in possession of cleared funds or until the amount of payment is credited to the Company's bank account or paid by Credit Card or Debit Card. The Company reserves the right at any point before, during or after invoicing to withdraw these or any other credit terms, and (without limitation) to require payment before commencing, continuing or delivering Work.
15.3 If payment is not made on or before the due date, the Company, without prejudice to its other rights hereunder, shall be entitled to charge, in addition to any monies due hereunder, interest on the overdue outstanding amount at the rate of 8% above the Bank of England base rate from time to time in force from the date the monies first became due until the outstanding amount is paid. Interest at this rate shall continue to accrue at this rate after any judgement until the outstanding amount is paid.
15.4 In addition to 15.3 above the Company reserves the right to charge all reasonable costs of collection as defined by the Late Payment of Commercial Debts Regulations 2002, and/or any legislation superceeding this regulation.
15.5 Should completion of Work, or delivery thereof, be suspended by request of or delayed by the Customer for a period of thirty (30) days or more the Company shall be entitled to payment for the Work already carried out and materials or services specially ordered, and may terminate the Contract on giving the Customer fourteen (14) days notice in writing.
15.6 The Company reserves the right to issue invoices to the Customer for Work completed or materials or services purchased by the Company pursuant to the execution of this Contract and the Customer acknowledges that such invoices shall become due for payment on the terms herein contained.
15.7. Where Orders are made through our eCommerce Website, www.bluechipprinting.co.uk, or www.24Kprint.co.uk, Blue Chip Printing Limited accepts payment through Opayo ( https://www.opayo.co.uk/ ) for Visa, Master Card, AMEX (collectively as 'Credit Cards') Visa Debit and Maestro. By placing an order using such Credit Cards you confirm that you are over 18 years of age and that you have the authority to use such Credit Cards.
15.8. Promotional Codes and Promotional offers and Discounts - We reserve the right to amend or cancel or extend any active promotions at any time for any reason. Active Codes must be used at time of purchase when payment is made and cannot be retrospectively claimed. Only one Promotional code may be used per Customer.
16. TERMINATION OF CONTRACT
In the event that in the Company's opinion, the Customer's financial position becomes unsatisfactory, or if the Customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a Company is deemed to be unable to pay its debts or has a winding up petition against it or being an individual commits an act of bankruptcy of has a bankruptcy petition filed against him or the Customer is in breach of any of its obligations arising under this Contract (or where any occur), the Company shall, without prejudice to its other remedies, have the right to terminate the Contract forthwith or not to proceed further with the Contract or any other Work for the Customer and shall be entitled to charge for Work already carried out (whether or not completed) and materials and services purchased for the Customer, such charge to be immediate debt due to the Company.
17. CLAIMS, REFUNDS AND LIABILITY
17.1 Claims of defects, damages or shortages in Work must be made by the Customer in writing within a period of seven (7) days after delivery. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications.
17.2 The Customer's exclusive remedy for physical defect in or damage to Work shall at the Company's discretion be limited to the repair or replacement of such Work. We Reserve the right to rectify defective work by reprinting and shall not be liable to refund. All defective work must be returned to our factory, based at our offices, address details are as per our Contact details on our website, www.bluechipprinting.co.uk, in Hersham, Surrey, UK, before replacement. If the subject work is not available, we will assume that it has been accepted and no replacement will be provided. The cost to return any work shall be down to the customer. At no point may a customer dispose of anything we have produced that is in dispute, unless we have made a written confirmation agreement. This will be stated as following and in writing (email): "We agree to you disposing of XXX print work that we have produced", where XXX is identified as the job number; no oher wording will be acceptable for you to dispose of a product in dispute.
17.3 If we offer to replace you must accept such an offer unless you can show clear cause for refusing to do so.
17.4 If you do decide to have work re-done by a different third party without reference to us you automatically revoke your right to any remedy from us.
17.5 Other than as provided in this condition 17, the Company shall not be liable for loss or damage (including loss or damage resulting from the negligence of the Company) arising directly or indirectly in connection with this Contract, the Work, or otherwise. Without limiting the generality of the above, the Company expressly excludes liability for consequential loss of whatever nature, third party claims occasioned by delay (howsoever arising) in completing the Work, and any loss to the Customer from delay in delivery of Work (howsoever arising).
17.6 Notwithstanding the provisions of this condition 17 or anything else contained in the Contract, in no event shall the Company's liability exceed the value of the amount of charges payable to the Company by the Customer with respect to the particular Work which is the subject of the claim provided however that nothing contained in these conditions shall have effect so as to exclude or restrict the Company's liability for death or personal injury resulting from its negligence.
17.7 Any refund agreed, at the discretion of the company, for what ever reason, will be reduced by a £25 +VAT charge to cover administration time and credit card / debit card transaction costs and any other costs incurred. This particularly relates, but is not limited to, to a change / reduction in required specification of job before it has gone into production.
18. TITLE
18.1 The Company retains ownership of the Work supplied to the Customer (to the extent that the ownership of has at any time vested in the Company and such Work does not form part of goods or materials owned by the Customer or a third party) until
18.1.1 the Company has received unconditional payment in full for all the Work supplied or performed for the Customer under this or any other Contract between the Company and the Customer from time to time; or
18.1.2 property in such goods and materials passes to a purchaser from the Customer by way of a bona fide sale at full market value.
18.2 If payment is overdue in whole or in part the Company shall be entitled, at its discretion and at any time, to transfer title in the goods and materials to which the Company retains ownership and for that purpose the Company and persons authorised by it are irrevocably licensed to enter the Customer's premises where the Company believes the Work or part thereof to be.
18.3 Until such time as ownership in such Work passes in accordance with condition 18.1, the Customer shall at all times store and keep such Work clearly defined as being the property of the Company.
18.4 Notwithstanding the provisions of condition 18.1, the Company shall be entitled, at its discretion and at any time, to transfer title in the Work to which the Company has retained title pursuant to this condition, to the Customer and without prejudice to any other remedies the Company may have, sue for the price payable pursuant to the relevant Contract.
18.5 The Customer irrevocably license the Company to sell or otherwise dispose of any Work which the Company has at any time a lien and power of sale under condition 19 or in which the Company retains ownership under condition 18.
18.6 The licence granted by condition 18.5 is a licence to the full extent of any rights owned by the Customer and to the extent that rights are licensed to the Customer shall take effect as an irrevocable sub-license thereunder.
19. LIEN
Without prejudice to the other remedies under this contract or otherwise, the Company shall, in respect of all debts due from the Customer to the Company whether under this Contract or otherwise and whether or not due for payment have a lien on all goods and property in its possession belonging to the Customer (whether worked on or not) and whether or not in the possession of the Company under this Contract and shall be entitled on the expiration of fourteen (14) day's notice to dispose of such goods or property as it thinks fit and to apply any proceeds towards such debts.
20. INDEMNIFICATION
The Customer shall indemnify and hold harmless the Company from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against the Company on grounds alleging that the said Work violates any copyright or that is libellous or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that the printer has contributed to the matter. The Customer agrees to, at the Customer's own expense, promptly defend and continue the defence of any such claim, demand, action or proceeding that may be brought against the Company, provided that the Company shall promptly notify the Customer with respect thereto, and provided further that the Company shall give to the Customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defence thereof.
21. SUBCONTRACTING
The Company reserves the right to subcontract all or any part of the Work at its sole discretion provided that the Company shall remain responsible for ensuring the due performance by the subcontractor of such part of the Work and shall be liable to the extent set out in condition 16 for any loss caused by failure to do so.
22. FORCE MAJEURE
22.1 Every effort is made by the Company to carry out the Contract but its due performance is subject to postponement or cancellation by the Company as it may find necessary as a result of inability to secure labour, materials or supplies or as a result of an act of God, war, strike, lockout or other industrial dispute (including by the Company's own employees), fire, flood, drought, pandemic, legislation or other cause (whether of the foregoing class or not) beyond the Company's control. Any such postponement or cancellation shall be without liability to the Customer or third party.
22.2 If the Contract is postponed, the Company's duty to perform shall be suspended for as long as the circumstances set out in condition 22.1 continue, and the time for performance of the Company's obligations shall be extended by a period equal to the duration of those circumstances.
22.3 If the Contract is cancelled as a result of any circumstances set out in condition 22.1, the Customer shall pay the Company for work done and expenditure incurred by the Company before the event of force majeure in question.
23. CANCELLATION
Once an order has been received and payment made either through the website, or by bank transfer, it is not possible to cancel your order.
24. IMAGES AND DESCRIPTIONS ON OUR WEBSITE; USE OF YOUR PRODUCTS
24.1 All images on the website are for illustrative and marketing purposes only. Please check the relevant specification in each section to confirm what is being offered in each case. Where an image implies double sided printing, this does not mean that your printing will be double sided unless you request this option in your price selection. Where an illustration shows full colour, there may be single, two, or three colour price options. The "From" price tagged with any of the images, is generally the lowest available cost within that print heading, and will generally be the one colour option where offered, single sided, and the lowest quantity.
24.2 We reserve the right to alter any details of products advertised without notice and while every effort is made to describe goods accurately on our website, or in any other advertisement or leaflet or brochure, no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
24.3 The website may contain hyperlinks to third party websites . The operation of those websites is out of the company’s control and you may use them at your own risk. The company accepts no liability for any damage arising out of any use of those websites.
24.4 Unless agreed in writing before we undertake a job for you, we reserve the right to use, or publicise, images of your completed printing in our marketing, on our brochures, leaflets, or on our web site or other digital options, for our purposes. We also reserve the right to use additional samples that we have produced, at our cost, of your product(s), in our advertising, mailng and marketing.
25. CONSTRUCTION OF CONTRACT
The Contract shall not be modified without the written agreement of a director of the Company and these conditions shall govern the construction of the Contract, notwithstanding any inconsistencies which may arise as between these conditions and any other terms and conditions that the Customer may seek to impose. These conditions and all other express terms of Contract shall constitute the entire understanding between the Company and the Customer and no representations, conditions or warranties express or implied statutory or otherwise made by or on behalf of the Company or the Customer to the other party, in connection with or arising out of the Work and which are not contained in these conditions or such other express terms of the Contract shall give rise to any liability (including liability of the Company, its servants or agents in negligence) on the part of the matter thereof. The terms of this Contract are severable.
26. LAW
These conditions and all other express terms of Contract shall be governed and construed in accordance with the Laws of England and the Customer hereby submits to the non-exclusive jurisdiction of the English Courts.
Blue Chip Printing Limited standard terms & conditions of sale Version 3.17.08 Correct as at 15/04/2022 and overrides any previous versions.
Blue Chip Printing ® is a UK Registered Trade Mark, number UK00003079450.
