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Terms & Conditions
1. Quotations
1.1
Subject to paragraph 1.2, 2, 3 and 4, all prices quoted are based on work specified in the quote (or verbal instructions given at the time of order). Quotes are valid for a period of 7 days from the date of the quote. Quotes will be deemed accepted upon the Customer making an Order.
1.2
Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and they are subject to amendment by Snap before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order provided there is no unreasonable delay on the part of Snap.
2. Customers Instructions
2.1
Once accepted by the customer (either verbal or written), Snap’s written quotation shall be deemed to interpret correctly the customer’s instructions. Where verbal instructions only are received, Snap shall not be responsible for errors or omissions due to misinterpretation of those instructions.
2.2
The cost of additions or alterations to any proof submitted to a customer will be added to the price (unless changes to the proof are merely typographical corrections).
3. Expedited Completion of Order
3.1
Customer acknowledges that a requirement for urgent completion of an Order increases the likelihood of defects. Snap will use reasonable efforts to avoid defects but will not be liable for defects arising because of urgent completion of Order.
3.2
The price will be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion.
4. Outside Work
4.1
If Snap has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by Snap from a third party in order to carry out the customer’s instructions:
a) Snap will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or service.
b) Snap acquires these goods and/or services as agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party.
c) The customer must pay for such goods and/or services.
d) Any such goods obtained from a third party, must be obtained on the basis that property/title in those goods is passed by the third party to Snap at the time the goods are incorporated into the work done by Snap for the customer.
5. Suspension of Work
5.1
The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall entitle Snap to payment in full for the work completed up to the suspension date.
6. Cancelled Orders
6.1
Orders cannot be cancelled except upon terms, which compensate Snap for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
7. Delivery
7.1
Snap shall notify the customer when the goods are ready for collection.
7.2
The customer must collect the goods from Snap’s premises upon being notified by Snap that the goods are ready for collection. If Snap agrees to deliver the goods, the customer shall bear all freight and charges of such delivery.
8. Payment
8.1
Once the work is completed Snap shall invoice the customer for the quoted value of the work plus any additional charges that have occurred to enable the work to be completed to meet the customer’s requirements.
8.2
VAT (Value Added Tax) shall be charged on the total invoice amount in line with current VAT legislation.
8.3
All Invoices shall be paid COD unless prior arrangements are agreed with Snap. Any credit arrangements (where Snap feel it necessary) will require an Account Application form to be completed and approved by Snap.
8.4
Snap will use its best endeavours to deliver the correct quantity ordered but owing to the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
8.5
Snap may at its option charge interest at the rate of the EURIBORL plus 3% on amounts not paid within any agreed credit arrangements, calculated on a daily basis from the date any such amount should have been paid and until the date of payment.
8.6
The customer must pay to Snap any costs, expenses or losses incurred by Snap as a result of the customer’s failure to pay Snap all sums outstanding from the customer to Snap (including without limitation the generality of the obligations set out in this clause, any debt collection and legal costs).
9. Warranties and Undertakings
9.1
Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Snap are expressly excluded (unless such warranties cannot at law be excluded).
10. Risk
10.1
The risk in the goods passes to the customer at time of delivery if Snap delivers the goods to the customer’s premises. Otherwise, title passes at the time Snap notifies the customer that the goods are ready for collection.
10.2
Snap shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
10.3
Snap has no obligation to insure any property of the customer in Snap’s possession. The customer must pay the cost of any insurance arranged by Snap at the request of the customer.
10.4
If a customer leaves property in Snap’s possession without specific instructions as to what is to be done with it, Snap may, 12 months after gaining possession of the property of sale as compensation for holding and handling the property.
11. Liability
11.1
To the fullest extent permitted by law, except as provided herein, Snap shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or rising out of Snap’s negligence, or in any way whatsoever.
11.2
Snap’s liability for a breach of a condition or warranty is hereby limited to:
1. In the case of goods, any one or more of the following:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of the goods;
c) The payment of the cost of replacing the goods or of acquiring equivalent goods;
d) The payment of the cost of having the goods repaired; or
2. In the case of services:
a) The supplying of the services again; or
b) The payment of the cost of having the services supplied again.
11.3
Snap will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Snap or for any damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Snap to exercise due care and skill in handling or storing such property.
11.4
Subject to paragraph 10.3 hereof, Snap will not be liable to the customer for the damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Snap Printing to exercise due care and skill in handling or storing such property of the customer.
11.5
Force Majeure. Snap will have no liability to the customer for any loss, damage or expense suffered or incurred by the customer where such loss is occasioned by any cause beyond Snap’s reasonable control, including and without limiting the generality to the foregoing by war, insurrection, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
11.6
Completion and or Delivery. The delivery terms made known to the customer are estimates only, and Snap shall not be liable for any late delivery or non-delivery, and under no circumstances shall Snap be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods.
12. Claims
12.1
The customer must inspect goods or services supplied by Snap within 14 days from delivery or otherwise, within 14 days of notification that the goods are ready for collection. Any claims against Snap must be in writing within such fourteen (14) days. No claims shall be made by the customer beyond this period.
13. Non Payment
13.1
Until the customer has paid all sums outstanding in relation to the goods, title of the goods shall not pass from Snap to the customer.
13.2
If the customer has not paid all sums outstanding in relation to the goods, if directed by Snap to do so, the customer must forthwith return the goods to Snap if so directed by Snap.
14. Copyright
14.1
Copyright in all artistic and literary works authored by Snap shall remain the property of Snap unless there is specific agreement to the contrary at the time of Snap’s acceptance of your order.
14.2
The customer has warranted to Snap, and Snap has accepted the customer’s warranty that the customer has copyright in or a licence to authorise Snap to reproduce all artistic and literary works supplied by the customer to Snap for the purpose of the Order and the Customer hereby expressly authorises Snap to reproduce all and any of such works for the purposes aforesaid.
14.3
The Customer indemnifies and agrees to keep indemnified Snap against all liability, losses or expenses incurred by Snap in any way directly or indirectly connected with any breach of copyright on materials supplied by the customer.
14.4
The customer is hereby granted a non-exclusive license to use the copyright works created by Snap for the purposes of the Order, however such licence is conditional upon Snap having received all monies due to Snap under these Terms and Conditions.
15. Confidentiality
15.1
The customer must keep confidential and not use any ideas, systems or processes communicated or made available by Snap to the customer without Snap’s written permission.
16. Electronic Media
16.1
All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Snap to store data for the purposes of completing the Order are the property of Snap. The customer cannot require Snap to supply to the customer any data so stored. In the event that Snap does supply data so stored or created, Snap may charge the customer for supplying such data.
16.2
Snap will not be liable for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Snap agrees to store such data Snap may charge to do so.
17. Goods and Services Tax (Value added tax)
17.1
The customer will be liable for any goods and services tax (VAT) payable because of the supply of goods and/or services by Snap to the customer.
18. KM Franchising Ltd not party and not liable
18.1
The customer acknowledges that KM Franchising Ltd is not party to this agreement and will not be liable in any manner.[/vc_column_text][/vc_column][/vc_row]
