For the purposes of this agreement, ‘Synergy Design’ refers to ‘Print Toaster’, a registered UK company, Company No. 6520688.
This Agreement constitutes the entire agreement between the Customer as an authorised user and Synergy Design and by using Synergy Design’s services, the Customer accepts, and agrees to be bound by, this Agreement.
Agreement to Terms and Conditions
This Agreement takes effect on the date on which the Customer first uses or tests services provided by Synergy Design.
From time to time, it will be necessary to update the terms and conditions and the Customer agrees to be bound by the new terms and conditions by their use of the system after the implementation date for them.
We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of our computer system(s). Should the Customer find any new terms and conditions unacceptable, then the Customer will be granted a refund of any unexpired part of their subscription and the Customer agrees that, save for this refund, the Customer will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of their subscription.
The Customer is responsible for reviewing information regularly posted online in the terms and conditions pages.
PRICE VARIATION Quotations are based on Print Toaster current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptence to meet any rise or fall in such costs.
TAX All quotations are exclusive of VAT which shall be charged at current standard rates on all orders where applicable.
ACCEPTANCE OF ORDERS Any quotation submitted by Print Toaster is an invitation to treat only and no contract subsists until Print Toaster accept your order. Our quotation is based on these conditions and subject to any special conditions set out or referred to in this quotation. Any order which you give Print Toaster in relation to such quotation will only be accepted by Print Toaster on the basis of such conditions. Any written or oral acceptance of your order by Print Toaster shall be deemed to be on the basis of such conditions and not otherwise. The terms of these conditions constitute the entire agreement between Print Toaster and the Customer and any other conditions or oral understanding are excluded.
PRELIMINARY WORK All work carried out at the Customer’s request, experimentally or otherwise shall be charged.
SPECIFICATION All weights measurements and specifications quoted by Print Toaster are nominal and subject to manufacturing tolerances. Exact conformity with submitted samples cannot be guaranteed. Pigmented materials are subject to colour variation.
COPY A charge may be made to cover any additional work involved where copy supplied is not clear or legible.
PROOFS Proofs of all work may be submitted for Customer’s approval and Print Toaster 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 Print Toaster’s judgement, changes therefore made by the Customer shall be charged extra.
ARTWORK Additional charges may be made to cover any work involved where Customer artwork requires alteration or where additional time is involved recreating artwork at Customers request. The Customer will be notified of any artwork charges incurred over and above artwork time included in the quotation.
DELIVERY AND PAYMENT (a) Delivery of work shall be accepted when tendered and thereupon payment shall become due. The ownership of goods delivered by Print Toaster to the Customer will be transferred to the Customer when the Customer has paid all monies owed to Print Toaster on any account whatsoever. However risk of goods shall pass immediately on delivery and the Customer shall keep all goods adequately insured until full payment has been received by Print Toaster. Until the date of payment the Customer, if Print Toaster desires, is required to store the goods in such a way that they are clearly the property of Print Toaster. If payment is overdue in whole or in part Print Toaster may (without prejudice to any of its other rights) recover or recall the goods or any part of them and may enter upon the Customer’s premises for that purpose. These conditions constitute authority for the third party authorised by Print Toaster to enter upon any other premises wheresoever the goods are situated for the purpose of recovering the goods or any of them. Such rights include severance where necessary from reality. (b) Whilst every effort will be made to meet delivery dates agreed in faith, no guarantee is given or implied. Time shall not be of the essence and no liability can be accepted in the event of late delivery. (c) Unless otherwise specified the price quoted is exclusive of delivery costs. A charge may be made to cover any costs involved for delivery. (d) Should expedited delivery be agreed any extra costs may be charged to cover any overtime or any other additional costs involved. (e) Should work be suspended at the request of or delayed through any default of the Customer for a period of 30 days Print Toaster shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
VARIATIONS IN QUALITY Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon margins of 5 per cent of the work in single colour and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding, 50,000) the same to be charged or deducted.
CLAIMS Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Print Toaster and the carrier within three clear days of delivery (or, in case of non-delivery, within 28 days of despatch of goods) and any claim in respect thereof must be made in writing to Print Toaster and the carrier within seven 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 Print Toaster within 28 days of delivery. Print Toaster 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 was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible. In no circumstances will Print Toaster be liable for any consequential loss or damage whatsoever. Proven liability shall be limited to replacement or re-printing of work carried out on behalf of the Customer.
QUALITY Goods are warranted to accord with the specifications agreed with the Customer in writing but may be subject to minor reasonable variation or if there is no such specifications to be within normal limits of industrial quality. All other warranties or conditions as to quality or description are excluded to the extent permissible. Print Toaster accept no liability where the goods have been cut, printed or processed by the Customer. Liability in any case will be limited to the invoice value of the goods in question. On discovery of any defect in the goods the Customers shall give written notice to Print Toaster within 72 hours of delivery to enable the complaint to be investigated before the remainder of the goods are used or returned, and no liability shall be attached to Print Toaster hereunder unless and until this procedure has been carried out Print Toaster reserve the right to dispose of reject goods for secondary applications.
LIABILITY Print Toaster shall not be liable for any loss to the Customer arising from delay caused by circumstances beyond his control. Print Toaster shall not be liable for indirect loss or third party claims occasioned by delay in completing the work, or for any loss to the Customer for delays in transit.
STANDING MATERIAL (a) Metal, film, and other materials owned by Print Toaster and used by them in the production of type, plates, film-setting, negatives, positives and the like shall remain their exclusive property. Such items when supplied by the Customer shall remain the Customer’s property. (b) Type may be distribution and lithographic, photogravure or other work effected immediately after the order is executed unless written arrangements are made to the contrary, in the latter event, rent may be charged. (c) If Print Toaster still hold any artwork, transparencies, plates, film setting, negatives or positives which is the property of a Customer after the expiration of two years from the date upon which it was last used in relation to an order for the Customer Print Toaster shall then be at liberty to dispose of it in any way they think fit and be under no further responsibility whatsoever in relation to it.
CUSTOMER’S PROPERTY (a) Except in the case of a 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 Print Toaster by or on behalf of the Customer shall while it is in the possession of Print Toaster or in transit to or from the Customer be deemed to be at Customer’s risk unless otherwise agreed and the Customer should insure accordingly. (b) Print Toaster shall be entitled to make a reasonable charge for the storage of any Customer’s property left with them before receipt of the order or after notification to the Customer of complication of the work.
MATERIALS SUPPLIED BY THE CUSTOMER (a) Print Toaster may reject any paper, plates or other materials supplied or specified by the Customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged to the Customer. (b) Where materials are so supplied or specified Print Toaster will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in our unsuitability of materials so supplied or specified. (c) Quantities of materials supplied shall be adequate to cover normal spoilage.
INSOLVENCY AND OVERDUE ACCOUNTS Time is of the essence with regards to payment for all goods. If any amount due to us shall remain unsettled for 30 days or more or if the Customer ceases to pay his debts in the ordinary course of business or cannot pay his 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, Print Toaster 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 an immediate debt due to him. (ii) in respect to all unpaid debts due from the Customer have a general lien on all goods and property in his possession and (iii) at any time be entitled to charge interest at 5% above the base lending rate of one of the four clearing banks for the time being from the date on which settlement was due until payment, both before and after judgement.
ILLEGAL MATTER (a) Print Toaster shall not be required to print any matter which in their opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. (b) Print Toaster shall be fully indemnified by the Customer in respect of any claims, costs and expenses whatsoever arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal right contained in any material printed for the Customer. The indemnity shall extend to any amount paid on a lawyer’s advice in settlement of any claim.
PERIODICAL PUBLICATIONS A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after the completion of work on any one issues. Nevertheless Print Toaster may terminate any such contract forthwith should any such sum due thereunder remain unpaid.
CONTRACT A Contract shall be formed only when Print Toaster accepts the Customer’s order, and this is only provisional and therefore not a binding contract until they receive all artwork, transparencies, positives, plates or whatever the Customer is supplying to Print Toaster.
FORCE MAJEURE Print Toaster shall be under no liability if they shall be unable to carry out any provision of the contract for any reason beyond his 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 Print Toaster may by written notice to the Customer elect to terminate the contract and shall be entitled to forthwith deliver an invoice for all work done and materials used up to and including the day of notice.
LAW These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.