Price Variation – Estimates are based on the current costs and unless otherwise agreed, are subject to amendment on or at any time before acceptance of an order to meet any rise or fall in such costs.
Tax – We reserve the right to charge the amount of any Value Added Tax payable whether or not included on the estimate or invoice.
Preliminary Work – All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.
Copy – A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
Proofs – Proofs of all work may be submitted for customer’s approval and we shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to our judgement, changes therefrom made by the customer shall be charged extra.
Samples – If you do not request, or are not offered a sample/s of the product/s you have ordered, it will be deemed that you accept the quality/colour verbally described or seen in our Catalogue, Website or by any other electronic format we may have supplied to you. Due to the large number of requests we receive for samples and the postal charges incurred, any samples & postage that total over £5.00 in value will be chargeable. Again due to the high costs/admin time involved samples are not returnable. However, if you subsequently place an order for this product, the cost of the sample & postage will be credited against your order!
Delivery & Payment – (a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due. (b) Unless otherwise specified the price quoted is for the delivery of the work to the customer’s address as set out in the quotation. A charge may be made to cover any extra costs involved for delivery to a different address. (c) Should expedited delivery be agreed, an extra may be charged to cover any overtime or any other additional costs involved. (d) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days, we shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Payment Methods – Payment can be made by Company Cheque or electronically by BACS or CHAPS. We do not accept Credit Cards.
Variations in Quantity – Every endeavour will be made to deliver the correct quantity ordered. However, margins of 5-10% for ‘Overs’ & ‘Unders’ should be allowed for (depending upon the nature of the product ordered).
Claims – Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to us within 3 clear days of delivery (or, in the case of non-delivery, within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to us within 7 clear days of delivery (or, in the case of non-delivery within 42 days of despatch). All other claims must be made in writing to us within 28 days of delivery. We shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it is not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Liability – We shall not be liable for any loss to the customer arising from delay in transit not caused by us.
Standing material (a) Metal film, glass and other materials owned by us and used by us in the production of type, plates, moulds, stereotypes, electrotypes, film setting, negatives, positives and the like shall remain our exclusive property. Such items when supplied by the customer shall remain the customer’s property. (b) Type may be distributed and lithographic, photogravure or other work effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event rent may be charged.
Customer’s Property – (a) Except in the case of the customer who is not contracting in the course of a business nor holding himself out as doing so, customer’s property and all property supplied to us by or on behalf of the customer shall while it is in our possession or in transit to or from the customer to be deemed to be at customer’s risk unless otherwise agreed and the customer should insure accordingly. (b) We shall be entitled to make a reasonable charge for the storage of any customer’s property left with us before receipt of the order or after notification to the customer of completion of the work.
Materials supplied by the customer – (a) We may reject any paper, plates, electronic artwork/files or other materials supplied or specified by the customer which appear to us to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by us in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. (b) Where materials are so supplied or specified we will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. (c) Quantities of materials supplied shall be adequate to cover normal spoilage.
Insolvency – If the customer ceases to pay his/her debts in the ordinary course of business or cannot pay his/her debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, we without prejudice to other remedies shall:-
* (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and
* (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.
Illegal matter – (a) We shall not be required to supply any matter which in our opinion is or maybe of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. (b) We shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
Cancellations – There will be an administration fee of £50 per order on all cancelled orders. Any cancellation will also incur charges dependent on the order status and any costs incurred. On completed orders, full charges will apply.
Force majeure – We shall be under no liability if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lockout, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the us elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
Copyrights & Trademarks – By submitting a design or artwork to Search4Merch, you warrant and represent that you are the sole, legal owner or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property included in such design.
Further you warrant and represent that no part of the design: (1) violates or infringes upon any common law or statutory right of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance; (2) is the subject of any notice of such infringement you have received; or (3) is subject to any restriction or right of any kind or nature whatsoever which would prevent Search4Merch, from legally reproducing the images, graphics or text supplied.
You agree to defend, at your sole expense, any claim, suit, or proceeding brought against Search4Merch, which relates to, or is based upon, a claim that any portion of the design infringes or constitutes wrongful use of any copyright, trademark, or other right of any third party, provided that Search4Merch, gives you written notice of any such claim and provides you such reasonable cooperation and assistance as you may require in the defence thereof. You shall pay any damages and costs assessed against Search4Merch, pursuant to such a suit or proceeding. Further, you agree to indemnify and hold Search4Merch, harmless from and with respect to any such loss or damage (including, but not limited to, reasonable legal fees and costs) associated with any such claim, suit or proceeding.
All items shown on our web site & hard copy catalogues containing corporate logos or registered trademarks are shown only to illustrate Search4Merch, logo and print reproduction capabilities. Purchase of merchandise from Search4Merch, in no way, shape or form grants you permission to reproduce logos, nor does it transfer, grant or lease ownership of any logos or trademarks to you or any third party.