Terms and Conditions
1.1 Subject to paragraph 1.2, 2, 3 and 4, all prices quoted are based on work specified in the quote (or verbal instructions given at the time of order). Quotes are valid for a period of 7 days from the date of the quote. Quotes will be deemed accepted upon the Customer making an Order.
1.2 Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and they are subject to amendment by Anything Branded Limited before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order provided there is no unreasonable delay on the part of Anything Branded Limited.
2. Customers Instructions
2.1 Once accepted by the customer (either verbal or written), Anything Branded Limited’s written quotation shall be deemed to interpret correctly the customer’s instructions. Where verbal instructions only are received, Anything Branded Limited shall not be responsible for errors or omissions due to misinterpretation of those instructions.
2.2 The cost of additions or alterations to any proof submitted to a customer will be added to the price (unless changes to the proof are merely typographical corrections).
3. Expedited Completion Of Order
3.1 Customer acknowledges that a requirement for urgent completion of an Order increases the likelihood of defects & delays. Anything Branded Limited will use all reasonable efforts to avoid defects & delays but will not be liable for defects or delays arising because of urgent completion of Order. The customer is responsible for checking and confirming they are satisfied that all details and aspects of their order are correct and suitable for their requirements and specifications including without limitation product size, proof, colour, dimensions, features, print positions & print techniques.
3.2 The price will be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion.
4. Outside Work
4.1 If Anything Branded Limited has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by Anything Branded Limited from a third party in order to carry out the customer’s instructions: a) Anything Branded Limited will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or service. b) Anything Branded Limited acquires these goods and/or services as agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party. c) The customer must pay for such goods and/or services. d) Any such goods obtained from a third party, must be obtained on the basis that property/title in those goods is passed by the third party to Anything Branded Limited at the time the goods are incorporated into the work done by Anything Branded Limited for the customer.
5. Suspension Of Work
5.1 The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall entitle Anything Branded Limited to payment in full for the work completed up to the suspension date.
6. Cancelled Orders
6.1 Once an order confirmation has been signed, an order cannot be cancelled, under any circumstances except upon terms, which compensate Anything Branded Limited for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
7.1 Anything Branded Limited shall notify the customer when the goods are ready for delivery.
7.2 If Anything Branded Limited agrees to deliver the goods, the customer shall bear all freight and charges of such delivery as detailed on the initial quotation.
7.3 Anything Branded Limited will make all reasonable efforts to have the goods delivered to the customer on the date agreed, but Anything Branded Limited shall be under no liability should delivery not be made on or within a reasonable period of such date, due to circumstances outside of Anything Branded Limited.
8.1 Once an order is confirmed, by signing & returning an Order Confirmation, Anything Branded Limited shall issue a pro-forma invoice to the customer for the quoted value of the work. No order will progress until full payment has been made to Anything Branded Limited.
8.2 VAT (Value Added Tax) shall be charged on the total invoice amount in line with current VAT legislation.
8.3 All Invoices shall be paid in advance.
8.4 Anything Branded Limited will use its best endeavours to deliver the correct quantity ordered but owing to the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
8.5 The customer must pay to Anything Branded Limited any costs, expenses or losses incurred by Anything Branded Limited as a result of the customer’s failure to pay Anything Branded Limited all sums outstanding from the customer to Anything Branded Limited (including without limitation the generality of the obligations set out in this clause, any debt collection and legal costs).
9. Warranties And Undertakings
9.1 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Anything Branded Limited are expressly excluded (unless such warranties cannot at law be excluded).
10.1 The risk in the goods passes to the customer at time of delivery if Anything Branded Limited delivers the goods to the customer’s premises.
10.2 Anything Branded Limited shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
10.3 Anything Branded Limited has no obligation to insure any property of the customer in Anything Branded Limited’s possession. The customer must pay the cost of any insurance arranged by Anything Branded Limited at the request of the customer.
10.4 If a customer leaves property in Anything Branded Limited’s possession without specific instructions as to what is to be done with it, Anything Branded Limited may, 12 months after gaining possession of the property, agree the sale of the said property as compensation for holding and handling the property.
11.1 To the fullest extent permitted by law, except as provided herein, Anything Branded Limited shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or rising out of Anything Branded Limited’s negligence, or in any way whatsoever.
11.2 Anything Branded Limited’s liability for a breach of a condition or warranty is hereby limited to: 1. In the case of goods, any one or more of the following: a) The replacement of the goods or the supply of equivalent goods; b) The repair of the goods; c) The payment of the cost of replacing the goods or of acquiring equivalent goods; d) The payment of the cost of having the goods repaired; or 2. In the case of services: a) The supplying of the services again; or b) The payment of the cost of having the services supplied again.
11.3 Anything Branded Limited will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Anything Branded Limited or for any damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Anything Branded Limited to exercise due care and skill in handling or storing such property.
11.4 Subject to paragraph 10.3 hereof, Anything Branded Limited will not be liable to the customer for the damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Anything Branded Limited to exercise due care and skill in handling or storing such property of the customer.
11.5 Force Majeure. Anything Branded Limited will have no liability to the customer for any loss, damage or expense suffered or incurred by the customer where such loss is occasioned by any cause beyond Anything Branded Limited’s reasonable control, including and without limiting the generality to the foregoing by war, insurrection, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
11.6 Completion and or Delivery. The delivery terms made known to the customer are estimates only, and Anything Branded Limited shall not be liable for any late delivery or non-delivery, and under no circumstances shall Anything Branded Limited be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods.
12.1 The customer must inspect goods or services supplied by Anything Branded Limited within 14 days from delivery. Any claims against Anything Branded Limited must be in writing within such fourteen (14) days. No claims shall be made by the customer beyond this period.
13. Non Payment
13.1 Until the customer has paid all sums outstanding in relation to the goods, title of the goods shall not pass from Anything Branded Limited to the customer.
13.2 If the customer has not paid all sums outstanding in relation to the goods, if directed by Anything Branded Limited to do so, the customer must forthwith return the goods to Anything Branded Limited if so directed by Anything Branded Limited.
14.1 Copyright in all artistic and literary works authored by Anything Branded Limited shall remain the property of Anything Branded Limited unless there is specific agreement to the contrary at the time of Anything Branded Limited acceptance of your order.
14.2 The customer has warranted to Anything Branded Limited, and Anything Branded Limited has accepted the customer’s warranty that the customer has copyright in or a licence to authorise Anything Branded Limited to reproduce all artistic and literary works supplied by the customer to Anything Branded Limited for the purpose of the Order and the Customer hereby expressly authorises to Anything Branded Limited to reproduce all and any of such works for the purposes aforesaid.
14.3 The Customer indemnifies and agrees to keep indemnified Anything Branded Limited against all liability, losses or expenses incurred by Anything Branded Limited in any way directly or indirectly connected with any breach of copyright on materials supplied by the customer.
14.4 The customer is hereby granted a non-exclusive license to use the copyright works created by Anything Branded Limited for the purposes of the Order, however such licence is conditional upon Anything Branded Limited having received all monies due to Anything Branded Limited under these Terms and Conditions.
15.1 The customer must keep confidential and not use any ideas, systems or processes communicated or made available by Anything Branded Limited to the customer without Anything Branded Limited’s written permission.
16. Electronic Media
16.1 All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Anything Branded Limited to store data for the purposes of completing the Order are the property of Anything Branded Limited. The customer cannot require Anything Branded Limited to supply to the customer any data so stored. In the event that Anything Branded Limited does supply data so stored or created, Anything Branded Limited may charge the customer for supplying such data.
16.2 Anything Branded Limited will not be liable for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Anything Branded Limited agrees to store such data Anything Branded Limited may charge to do so.
17. Goods And Services Tax (Value Added Tax)
17.1 The customer will be liable for any goods and services tax (VAT) payable because of the supply of goods and/or services by Anything Branded Limited to the customer.