Terms of Sale
These Terms and Conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.
1. PAYMENT TERMS
- Accounts: PlasmaDesign Ltd do not currently provide an account facility.
- Non Accounts: Payment in full is required at the time of order placement and prior to physical media being printed/etched.
2. VAT (VALUE ADDED TAX)
- UK Sales - VAT shall be levied on all applicable UK sales at the current rate of 20%. Please note that our GBP price list shows costs including VAT.
- EU Sales: We are able to zero rate VAT for orders that will be delivered to an address in the European Union and only to customers who can supply a vaild VAT number prior the order being placed. If either of these criteria cannot be met, we are obliged by law to charge VAT at a rate of 20%. Please note that our EU price list excludes VAT.
- Rest Of World Sales: VAT will not be charged on orders to be shipped outside the EU. Please note that our US$ price list excludes VAT.
3. PASSING OF TITLE AND RISK
- The risk in the goods shall pass to you on delivery.
- All goods, delivered or not, remain our property until payment is received in full.
- Until such time as payment is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored to repossess and remove the same. You hereby grant us an irrevocable licence to enter your premises for the said purposes.
We reserve the right to alter any details of products advertised without notice and while every effort is made to describe goods accurately in the advertisement no warranty is given as to accuracy and no responsibility will be accepted for error or misdescription and any resulting loss.
5. QUOTATIONS & CONTRACTS
Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or Government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today¹s current costs of production and currency exchange rates. In the event of any increase in wages or costs of materials to us occurring after the confirmation of accepted contract, or a significant shift in exchange rates, we shall be entitled to charge such increases to you.
- Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods.
- PlasmaDesign Ltd accepts no responsibility for deliveries being missed due to non payment. It is the customers responsibility to ensure that full payment is made before production takes place.
- International transit times are approximate and may be subject to customs clearance. Local country restrictions apply. PlasmaDesign Ltd will not be held responsible for any delay of delivery of the goods with international deliveries.
- PlasmaDesign Ltd cannot be held responsible for any customs and excise charges that may occur from the import or export of your goods.
- Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery.
- All claims with regard to the quality or quantity of the goods shall be made in writing to us so as to reach us within 5 working days of receipt of goods or such goods shall be deemed to comply as to quality and quantity within the terms of the contract.
- You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at time of delivery.
- Claims in respect of non-delivery must be made in writing so as to reach us within 5 days from receipt of our invoice.
- PlasmaDesign Ltd requires any printing to be returned in full before agreeing to reprint. If PlasmaDesign Ltd deem the printing to be of sufficient quality, and within tolerance we reserve the right to return the goods and refuse a reprint or refund.
- Save in so far as defects in the goods cause death injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
- We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure set out in clause 7.
- We are not liable for any financial loss incurred by you, including but not limited to expenses incurred by you, interest payments & loss of earnings or similar gains you would have received on monies paid to us in lieu of any unfulfilled order.
- Nothing in these terms and conditions shall affect the rights of a consumer.
- We reserve the right to rectify defective work by reprinting and shall not be liable to refund.
- PlasmaDesign Ltd will issue a refund when deemed necessary using the same method used for payment.
- If we offer to replace, you must accept such an offer unless you can show clear cause for refusing to do so.
- If you do opt to have work re-done by a third party without reference to us you automatically revoke your right to any remedy from us.
- All defective work must be returned to us before replacement, if the subject work is not available we will assume that it has been accepted and no replacement will be provided.
- Refunds will take 3 to 5 working days to complete once PlasmaDesign Ltd has agreed to refund. This cannot be completed any faster.
10 - QUANTITY CHANGES TO ORDERS
Any changes in quantity ordered must be made in writing to us prior to commencement of processing. Any increases in the order must be regarded as a separate contract unless written notification is received before work commences on the original order.
11 - ARTWORK & PRINTING
The entire copyright throughout the world in all printing plates, litho positives and negatives, artwork, designs, photographic transparencies, negatives or positives and any other artistic craftsmanship made by or for PlasmaDesign Ltd pursuant to, or in implementation of, any contract with the customer shall belong to PlasmaDesign Ltd. PlasmaDesign Ltd agrees that unless the customer becomes in default of any obligation to make any payment to PlasmaDesign Ltd, it will not reproduce any such items for any competitor in business of the customer.
12 - PROOFS
- Please note that the colour of the printed item will be affected by the type of material chosen for the artwork to be printed on, as well as any applied lamination or varnish.
- Please read thoroughly as all proofs, once passed, are deemed correct and ready to go to print, and the responsibility passes to the customer. We will not be held responsible for any mistakes, viewing, spelling, punctuation, contact details or layout. We will not commence print until we have received a copy of the final proof with a written confirmation to go to print either by email, fax or post. Please also note that it is often necessary to retype and reset artwork even if ‘print-ready’ artwork is supplied by you. Therefore, it cannot be assumed that proofs are devoid of typographical errors just because the source artwork is free of such errors. PLEASE CHECK THE PROOFS PROVIDED THOROUGHLY.
13 - FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
14 - MISCELLANEOUS
The contract between ourselves the Company and the Customer shall be governed by and construed in accordance with English Law.
15 - COMPLAINTS
Complaints must be made within 48 hours of receiving your goods. Any complaints made after this time period are void of any right to refund or reprint.