Terms and conditions
You are judged to have read and understood these conditions. It is a condition of placing an order that you are bound by these terms. Theatre Print Services (hereafter referred to as “Theatre Print Services ”, “the Company” or “the Seller”) will not be bound by any conditions imposed by the customer (hereafter referred to as the “buyer” or “customer”), unless agreed in writing and signed by all company directors or partners.
All preliminary work undertaken whether experimentally or otherwise will be charged at current rates.
Any contract made between the Company and the Customer (hereinafter called “the Contract”) shall incorporate and be subject to these Conditions; any other terms that the Customer shall seek to incorporate into the Contract are hereby expressly excluded. An order shall be deemed to be accepted by Theatre Print Services on receipt of authorisation whether by fax, e-mail, or verbal. No order of the Customer placed with the Company (whether in response to a quotation or not) shall be binding on the Company unless and until it is accepted by the Company in writing. The Company is not obliged to accept cancellation of accepted orders and may require payment of a cancellation charge before accepting any cancellation. Specifications and price lists are issued for information purposes only, and do not constitute contractual offers for sale; they are subject to alteration or withdrawal without notice.
Prices quoted in writing are based on current costs of production and, unless otherwise agreed in writing are subject to amendment at any time after authority is given to print, to meet any rise or fall in such costs. The price of the goods shall be in accordance with our official list price for the goods on delivery thereof provided that such price shall be subject to adjustment without notice.
Proofs and Errors
An extra charge will be made for major corrections, amendments, alterations in style or content and for corrected proofs. On request proofs are available for customers approval. No responsibility or liability will be accepted by Theatre Print Services for- (i) any errors after the proofs have been approved by the customer or (ii) for any material for which the customer has given instructions that allow for artists’ license (iii) any errors in spelling or grammar made by our designers where proofs have been submitted to the customer. Any orders taken by telephone will be accepted only at the customer’s own risk. An order form and signature should accompany all orders. Proofs are deemed to have been approved at the point of receipt whether or not a signature has been received. Proofs are not colour calibrated and no responsibility will be accepted for deviations in colour from the proof supplied. Any complaints about services provided or work supplied deemed by the buyer to be the fault of Theatre Print Services should be submitted in writing within 7 days of delivery or receipt of invoice, whichever occurs sooner. After this date all goods and/or services will be deemed to be acceptable for use. Any usage of the goods supplied will be deemed as acceptance of the goods. Theatre Print Services shall only consider financial recompense upon return of the goods in full, or that part of the supply deemed unacceptable.
Payment shall be made by the customer on completion of the order. The order will not be processed until payment has been made.
Goods will be delivered by the most economical means by a carrier of our choice. Should the customer specify another means i.e. “overnight AM” the additional charges will be for their account. If the company undertakes to deliver the goods on or before a stated date, it shall use its best endeavours to comply therewith, but in the event of late delivery, the buyer shall not be entitled to vary or cancel the order nor shall Theatre Print Services be liable for any resultant damages consequential or otherwise occasioned by reason of a delay. Customers should specify a business address for delivery. Theatre Print Services shall not be held responsible in cases of a residential address being rejected by the courier or delivery not being made on the day requested due to the address being residential. Any damages caused in transit are the sole responsibility of the carrier and shall be governed by their terms and conditions. Responsibility for all insurance claims resulting shall lie with the client. Theatre Print Services only use couriers who insure goods for their value at point of sale. The signature of any employee or agent of the buyer is proof of receipt. In the event that Theatre Print Services cannot or do not obtain a signature the risk in the goods will nonetheless be born by the client. The buyer will be liable for any additional carriage, storage charges, losses or damages arising if the customer refuses to take delivery of the goods ordered. The Company reserves the right to make partial deliveries. Goods in each delivery or part delivery shall be considered sold under separate contract, which may be invoiced separately. Neither any non-delivery, nor shortages in delivery nor any claim by the Buyer in respect of any delivery or part delivery shall entitle the Buyer to reject any other goods.
Theatre Print Services shall not be liable for any indirect or consequential loss or for any loss to the customer arising from third party claims occasioned by any error, failure or delay in completing the order or by delay in delivery, including any alleged loss suffered from cessation of web services due to non-payment and/or due to holding pages posted or comments made stating that web or other services have been ceased due to non-payment. Time shall not be of the essence unless otherwise agreed in writing. Where work is defective for any reason, Theatre Print Services liability (if any) shall be limited to rectifying such defects in so far as Theatre Print Services is reasonably able to do so. Invoices must be settled in full before any consideration to disputes or refunds can be given.
Under or Oversupply
The amount of goods delivered shall be that ordered and stated on the Acknowledgement of Order. Theatre Print Services reserves the right to supply either under or over the ordered amount by 20%. Undersupply shall be subject to a discount based on the proportion supply. Oversupply will not be charged for. When time is at a premium we reserve the right to oversupply to allow for cast-offs. We will usually strip out all bad print, however if we supply faster than our stated turnarounds we may have to leave in cast-offs. In the event of this happening responsibility lies with the client to remove all cast-offs up to 20% of the order.
Every effort is made to ensure sound material and good workmanship, but all warranties and conditions express or implied as to materials or workmanship, or the satisfactory quality or fitness of goods for any particular purpose, whether such purpose be known to the Seller or not, are excluded. It is accepted that in the event of Theatre Print Services performing the service within a faster timescale than our guaranteed one, that there may not be time for adequate quality control and a small proportion of “run-in” work (up to 10%) may be supplied to the client. This is agreed by the client to be no cause for complaint or dispute. In the event of any goods proving defective however, the Seller is prepared at its sole option either: – a) to replace such materials free of charge, at the place of delivery and in the condition originally specified. b) to refund to the Buyer the Contract price of such goods, if required to do so, within a reasonable time, but not later than 12 months from the date of delivery. Any liability is limited to such replacement or refund and does not extend to any other expenditure incurred or to any consequential damages. For this warranty to apply the goods must:- (i) have been accepted and paid for by the Buyer and (ii) be found upon examination by the Seller to be defective, owing to faulty materials or workmanship., The Seller accepts no responsibility for fair wear and tear, incorrect or defective storage, fitting, installation or use, unauthorised reconditioning or repair, accident, neglect, or cause beyond the Seller’s control. This warranty does not cover any defects caused by third party contractors or mistakes in typesetting or logo placement not pointed out in writing by the Buyer. In the event of any such instance, Theatre Print Services undertakes to pursue the matter to the best of its ability with the third party involved. Time will not be of the essence in such matters. Full settlement in any case should consist of the supply of the original order. No refund or cancellation of order is permitted due to third party errors.
Neither the company nor any of its suppliers, associate companies, officials, employees, shall be liable to the buyer or any third party for any loss or damage of any nature which may be suffered in consequence of any failure on the part of the company to deliver any goods timeously or at all or for any defects in goods arising from any other cause whatsoever, and the buyer hereby indemnifies the said parties and holds them harmless against all such claims and undertakes to be solely responsible for the satisfaction of all third party claims.
All special offers are governed by these and their own terms and conditions. Theatre Print Services reserve the right to cancel any offer at any time without exception. “Beat any quote” offer consist of a promise by Theatre Print Services to beat by a minimum of £10 any quote provided for one of our standard price list items on receipt of a written quotation from another manufacturer. This written quotation must be current, valid, and may not be any special offer itself or a special price agreed for that client. “3 or more” offer applies only to orders from the same company or organisation. In the event of different parties under the same organisational heading approaching Theatre Print Services this shall be considered on individual merit and only if the Company considers the application to be genuine and from one client. A signed price agreement with that client may be required. The guarantee of turnaround times is a courtesy extended to customers solely at our discretion. For the purposes of return times, dates will be calculated on the basis of supply before 12pm midday. Work submitted after 12pm will count as submission the following day. Refunds are subject to individual consideration and withdrawal at any time.
Errors and Omissions
Price lists, acknowledgements, invoices and the like are subject to correction for any errors or omissions.
Customer’s artwork and any other property supplied to Theatre Print Services by or on behalf of a customer will be held and worked upon at the customer’s own risk. A charge shall be incurred where Theatre Print Services have to adjust artwork not supplied to the guidelines set out by the Company. Any additional work (adding bleeds, relaying artwork, typesetting or downloading fonts, separation etc.) is charged at £50 per hour. Please ensure artwork is print-ready. This will enable us to print your work within the time specified.
Customer’s Own Materials
Theatre Print Services reserve the right to reject any plates, paper or other materials supplied or specified by the customer which in Theatre Print Services sole discretion it considers to be unsuitable. Theatre Print Services reserve the right to make additional charges for any additional costs incurred if such materials are found to be unsuitable during production.
a) The customer shall ensure that he has full authority to reproduce any material in which copyright subsists and Theatre Print Services reserves the right to refuse to undertake any work which infringes, or appears to infringe, the copyright of a third party. b) The customer shall fully indemnify Theatre Print Services against any action, claim, demand, costs, charges and expenses arising from libel, or incurred by reason of any infringement or alleged infringement of any copyright letters patent, registered design trade mark, trade name, industry guidelines or any other intellectual property rights protected in the United Kingdom or any laws for the time in force in the United Kingdom by the publication or use or sale of the goods and against all costs and damages which Theatre Print Services may incur in any action for such infringement for which Theatre Print Services may become liable. c) In the event of any claim being made or action brought against the customer arising out of the matters referred to in this clause, Theatre Print Services shall be promptly notified thereof. d) The customer warrants that any design material, SMS content, or instructions furnished or given by him are not libellous or such as will cause Theatre Print Services to infringe any copyright letters patent, ICTSIS code of conduct, registered designs, trade marks or trade name, or any other intellectual property rights or any legislation for the time being in force in the United Kingdom in the performance of the contract.
If for any reason the customer is unable to accept delivery or collect the goods at the time when the goods are ready Theatre Print Services shall be under no obligation to store the same. Theatre Print Services may however, at its discretion and if its storage facilities permit, store the goods but at the customer’s risk and the customer shall be liable to Theatre Print Services for the reasonable cost (including insurance) of it so doing.
Risk and Ownership
Ownership of the goods being the subject of this contract shall not pass to the buyer until they are fully paid for, but the risk in the goods shall be borne by the buyer from the date of uplift to the customer or where stored in accordance with ‘storage’ above. Rights of ownership of all artwork and multimedia work remain with Theatre Print Services excepting where a specific fee has been paid for the ownership of these services and a certificate has been issued with the invoice. Specifically, editable artwork and/or code is not included in the quoted cost for any design or multimedia work, and no provision is made for hosting of code on any servers but our own. Should a client wish to purchase a ‘toolkit’ for producing artwork, websites or any other material a separate charge shall be estimated and provided on request and it is neither implied nor true that payment for a design or web job gives the client rights to usage or ownership of source code, materials, parts, layers or any other component material. Theatre Print Services always reserve the right to use clients’ artwork and/or printed material within our own marketing material.
The buyer shall be liable for all legal costs (including attorney and own costs, collection, commission and tracing agents’ charges) incurred by the company arising out of any breach of the buyer’s part. In the event of any breach on the buyer’s part, the company shall be entitled to cancel the contract and to retain all amounts paid without prejudice to its rights to recover damages. No indulgence, leniency or extension of time which the company may grant or show to the buyer shall in any way prejudice the company or preclude the company from exercising any of its rights in the future.
Subject to the provisions hereof, no contract shall be capable of cancellation.
Theatre Print Services will make every effort to carry out the customer’s instruction and the resulting contract but shall be under no liability if unable to carry out any provision of the contract for any reason beyond Theatre Print Services control (without limiting the foregoing) including inability to secure labour, materials or supplies, breakdown of machinery or malfunctions, or as a result of any Act of God, war, labour dispute, fire, flood, legislation, failure of power supply or any cause beyond Theatre Print Services control. During the continuance of such contingency the customer may by notice in writing to Theatre Print Services elect to terminate the contract and pay for work done up to such notice and for materials used, but subject thereto shall otherwise accept delivery when available.
These conditions and all other terms of the contract shall be governed and construed in accordance with the laws of England. Acceptance of the terms herein and all other terms of the contract is a necessary condition of any work entered into with Theatre Print Services and is not subject to approval or examination.
All correspondence should be addressed to Theatre Print Services office at: 43 Conqueror Drive Gillingham Kent ME7 2 WP