TERMS & CONDITIONS
Printing Terms & Conditions of Business
These conditions govern all contracts of the sale of printed goods (hereafter referred to as ‘the goods’) and services between Custom Giftz ltd (hereafter referred to as ‘the Company’ and any Customer (hereafter referred to as ‘the Customer’) of the goods and/or services. These terms can only be varied with the written consent of the company.
All orders for the supply of goods placed by the Purchaser with the Company are irrevocable unless otherwise expressly stated in writing. A confirmed order may only be cancelled or varied with the Company’s written consent. Such consent shall not in any way prejudice the Company’s right to recover from the total Customer compensation (including profit) for any loss or expense arising from such cancellation or aviation of the original order.
The Company reserves the right to vary the price of the goods and other services from time to time. All prices for goods are quoted exclusive of taxes and duty unless otherwise stated. The Customer accepts that the goods will be invoiced at the price ruling at the dispatch date. Quotes sent are valid for two weeks from the date shipped.
Payment is due at the time of confirming the order unless otherwise agreed in writing with the Company. A charge of £20 will be made for each instance of a returned or non-presentable cheque.
5. DELIVERY AND INSTALLATION
The Company will use its best endeavours to deliver the goods on the required date for delivery but does not guarantee to do so. Under no circumstances whatsoever, the Company shall be liable to the Customer for any loss, damage, or expenses, whether caused directly or indirectly, by or from any delay in the delivery of the goods. Over this value, delivery is made by an independent carrier. Delivery to the carrier will be deemed as being delivered to the Customer. Claims for shortages or non-delivery must be supported by the carrier’s consignment or delivery note on which the goods have been signed and checked at the time of delivery. Notification of shortages or non-delivery must be made by telephone within three working days and writing within five working days. Any loss or damage by the Customer after delivery is the Customer’s sole responsibility.
6.1 Absolute consistency of sizes (Which are approximate “to fit” sizes), materials, proportions, colours, and shades are not guaranteed by the company and are given as guidance only. Decoration positioning may vary between garments, and exact positioning can not be guaranteed. We can not guarantee complete straight print lines on garments. On occasions, repeat orders may find the garment colour slightly differs from the previous order. We can not guarantee the exact ink colour unless a colour reference is supplied, and even then, we can not guarantee a 100% colour match. Custom Giftz ltd cannot be held responsible for these changes.
6.2 All artwork supplied by the Customer will be transferred to a template depicting the size and positioning of front and/or rear views. The Customer will be required to provide a thorough check, including size positioning and spelling, before any screen printing. We will print the garment to match the proof. Custom Giftz ltd cannot be held responsible for any errors, including spelling mistakes identified in the artwork, after the Customer has given their approval and printing has commenced.
6.3 All textile goods must be washed and cleaned strictly by the washing label instructions attached to the goods. The company reserves the right to alter or amend specifications without prior notice.
6.4 Inks used during the textiles printing process will inevitably fade over time. However, the speed at which they fade will be dependent on many factors, including washing temperature, number of washes, exposure to sunlight, etc. Therefore, Custom Giftz ltd cannot be held responsible for fading ink colour(s) during use. This is usually most noticeable with black ink.
7. SUPPLIED GARMENTS
All garments supplied by Custom Giftz ltd have undergone rigorous testing for their stability throughout the process of printing and their overall quality. All garments provided by Custom Giftz ltd are guaranteed to be processed successfully without damage. Custom Giftz ltd cannot be held responsible for damage or loss which occurs to garments that the Customer has supplied. Examples of damage may include, but not be limited to, the garments changing colour or shape due to heat or damage caused by machinery malfunction.
8. CLAIMS AGAINST THE COMPANY
All claims regarding goods alleged to be defective and/or missing must be made in writing within seven days from the date of delivery.
9. SET-OFF AND LIEN
No payments may be withheld, and any counterclaims by the Customer may not be set off against any amount due under this or any other contract. The Company shall have general and particular lien on all money and property that the Customer owns or is entitled to possess in possession of the Company or its agents. It may sell as the Customers agent to reduce the Customers debt to the Company.
10. FORCE MAJEURE
The Company shall not be under any liability of any kind for non-performance in whole or in part of its obligations under the contract due to causes beyond the Company’s reasonable control or of the Company’s suppliers or due to labour disputes.
11. OWNERSHIP OF GOODS
Property of any goods supplied to the Customer will not pass to the Customer until the Customer pays the goods in full. Further, title to such goods shall not pass until payment to the Company of all amounts owing to it by the Customer on any account whatsoever. The Company has the right to recover from the Customer the cost of installation, removal, return transport and diminution in value of any such goods not paid for in full. If, before making the payment to the Company, the Customer contracts to sell the goods to a third party, the title to such goods and the payment liability shall remain with the Customer.
The Company reserves the right to refuse cancellations of confirmed orders placed by the Customer and refuse acceptance of goods returned to the Company without permission. The Company does not trade on a ‘sale or return’ basis. The Customer will bear all costs resulting from the cancellation of a confirmed order.
13. INTELLECTUAL PROPERTY RIGHTS
The Customer will indemnify the Company from and against all costs, claims, liabilities, and damages that we may suffer or incur due to you using, reproducing or exploiting any industrial or intellectual material or property rights without the consent of the proprietor.
14. RECTIFICATION OF THESE TERMS
Suppose any of these terms or any part of these terms is unenforceable or void in law. In that case, it shall not affect the remainder of such terms or any other such term or otherwise affect the contract and shall be replaced by such valid time as in near as may be in effect to the original term.
The laws of England and Wales shall govern all contracts between the Company and the Customers. Any disputes arising from there shall be subject to the jurisdiction of the English courts.