IMPORTANT NOTICE: Due to staff annual leave, no artwork services will be available between 31/08/2010 and 20/09/2010. Please ensure your artwork meets our standards before placing an order. Thank you.
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Warranty, indemnity, right of return and reimbursement.
a) The Company will inspect the proper form of the delivered goods and the preliminary and interim products dispatched for correction, in any case. The risk of such errors will be accepted by the Company with the print/production release, only to the extent that it does not involve errors, which only occurred, or could be identified, in the production process following release.
b) The risk of accidental loss of the ordered goods and any excessive damage to the goods during transport shall transfer to the Company, as soon as the delivery has been handed over to the person carrying out the transport, or has left the Company for delivery. If the delivery should be delayed at the request of the Purchaser, the risk shall be transferred to the Purchaser with the notification of readiness for delivery.
c) The Purchaser must inspect the goods immediately after delivery. Defects discovered during the course of this must be notified to the Company within 3 days in writing. A detailed description of the defects must be included. If the Purchaser should fail to provide notification within 3 days of receipt, the goods shall be regarded as approved and the order accepted by the Purchaser.
d) Returns of any type must be agreed with the Company. Goods returned without delivery costs paid shall not be accepted. In the case of a justified complaint, the Company shall compensate the standard delivery costs.
e) With colour reproductions in all manufacturing methods, slight deviations from the original cannot be rejected. The same shall apply, for technical reasons, to the comparison between other templates, e.g. proofs and printouts, even if we have prepared them and the end product.
f) The Company shall only indemnify deviations in the quality of the material used, up to the amount of the order value.
g) If the Purchaser did not provide a printout or electronic file of the printing data upon request and also did not inspect a hard copy or electronic proof prepared by the Company, the Company shall be exempt from any indemnity. Returns shall not be acknowledged in this regard.
h) Defects to one part of the delivered goods shall not provide entitlement to return the entire delivery.
i) Excess or short deliveries of up to 10 % of the ordered quantity are to be accepted. These shall also include spoilage, start-up sheets, adjustment copies for further processing machinery, production-related cuttings of the upper and lower sheets, which are not removed.
j) In the event of a defect to the delivered goods, for which the Company is responsible, it shall be the Company's option to rectify the defect or provide a replacement delivery. In the event that the rectification should fail, the Company shall have the option to reduce or refund the purchase price or unwind the agreement.
k) Further claims shall be excluded – regardless of the legal grounds. The Company shall not assume any indemnity for losses that do not relate to the delivered item. Lost profit and other financial losses incurred by the Purchaser are specifically included in this exclusion. This shall also apply to all losses, which are caused by the employees, representatives and vicarious agents of the Company.
l) For losses caused by default and infringement of duties relating to material contractual obligations, the Company shall only indemnify, to the extent that these losses are foreseeable.
m) If changes are carried out on the delivered object by the Purchaser or by third parties, the indemnity of the Company shall be excluded, unless the changes are not the cause of the error or loss.
n) All documents handed over to the Purchaser shall be treated with due care. The Company shall only indemnify up to the value of the materials, in the event of damage or loss. Further claims of any type are excluded.
o) In any case of unacceptable print quality and/or excessive damage to the print order, 50 copies of the faulty printed material must be sent to the Company for inspection within the aforementioned 3 day period. These sample copies must be sent to the Company via a 'recorded' or 'signed for' delivery service.
p) The above mentioned indemnity limitations shall not apply in the case of gross negligence or deliberate acts.
The contract shall in all respects be governed by English law and shall be deemed to have been made in England and the Purchaser and PXL Graphics agree to submit to nonexclusive jurisdiction of the English courts.
Full colour leaflets and flyers printed with state-of-the-art litho printing presses.
