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.
Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and they are subject to amendment by Walsh Printers 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 Walsh Printers.
2. Customers Instructions
Once accepted by the customer (either verbal or written), Walsh Printers’ written quotation shall be deemed to interpret correctly the customer’s instructions. Where verbal instructions only are received, Walsh Printers shall not be responsible for errors or omissions due to misinterpretation of those instructions.
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
Customer acknowledges that a requirement for urgent completion of an Order increases the likelihood of defects. Walsh Printers will use reasonable efforts to avoid defects but will not be liable for defects arising because of urgent completion of Order.
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
If Walsh Printers has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by Walsh Printers from a third party in order to carry out the customer’s instructions:
- Walsh Printers 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
- Walsh Printers 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 Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party.
- The customer must pay for such goods and/or
- 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 Walsh Printers at the time the goods are incorporated into the work done by Walsh Printers for the
5. Suspension Of Work
The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall entitle Walsh Printers to payment in full for the work completed up to the suspension date.
6. Cancelled Orders
Orders cannot be cancelled except upon terms, which compensate Walsh Printers for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
Walsh Printers shall notify the customer when the goods are ready for collection. 7.2
The customer must collect the goods from Walsh Printers’ premises upon being notified by Walsh Printers that the goods are ready for collection. If Walsh Printers agrees to deliver the goods, the customer shall bear all freight and charges of such delivery.
Once the work is completed Walsh Printers 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.
VAT (Value Added Tax) shall be charged on the total invoice amount in line with current VAT legislation.
All Invoices shall be paid COD unless prior arrangements are agreed with Walsh Printers. Any credit arrangements (where Walsh Printers feel it necessary) will require an Account Application form to be completed and approved by Walsh Printers.
Walsh Printers 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.
Walsh Printers 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.
The customer must pay to Walsh Printers any costs, expenses or losses incurred by Walsh Printers as a result of the customer’s failure to pay Walsh Printers all sums outstanding from the customer to Walsh Printers (including without limitation the generality of the obligations set out in this clause, any debt collection and legal costs).
9. Warranties And Undertakings
Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Walsh Printers are expressly excluded (unless such warranties cannot at law be excluded).
The risk in the goods passes to the customer at time of delivery if Walsh Printers delivers the goods to the customer’s premises. Otherwise, title passes at the time Walsh Printers notifies the customer that the goods are ready for collection.
Walsh Printers shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
Walsh Printers has no obligation to insure any property of the customer in Walsh Printers’ possession. The customer must pay the cost of any insurance arranged by Walsh Printers at the request of the customer.
If a customer leaves property in Walsh Printers’ possession without specific instructions as to what is to be done with it, Walsh Printers may, 12 months after gaining possession of the property of sale as compensation for holding and handling the property.
To the fullest extent permitted by law, except as provided herein, Walsh Printers 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 Walsh Printers’ negligence, or in any way whatsoever.
Walsh Printers’ liability for a breach of a condition or warranty is hereby limited to:
- In the case of goods, any one or more of the following:
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods;
- The payment of the cost of having the goods repaired; or
- In the case of services:
- The supplying of the services again; or
- The payment of the cost of having the services supplied again. 3
Walsh Printers 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 Walsh Printers 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 Walsh Printers to exercise due care and skill in handling or storing such property.
Subject to paragraph 10.3 hereof, Walsh Printers 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 Walsh Printers Printing to exercise due care and skill in handling or storing such property of the customer.
Force Majeure. Walsh Printers 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 Walsh Printers’ 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.
Completion and or Delivery. The delivery terms made known to the customer are estimates only, and Walsh Printers shall not be liable for any late delivery or non-delivery, and under no circumstances shall Walsh Printers be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods.
The customer must inspect goods or services supplied by Walsh Printers within 14 days from delivery or otherwise, within 14 days of notification that the goods are ready for collection. Any claims against Walsh Printers must be in writing within such fourteen (14) days. No claims shall be made by the customer beyond this period.
13. Non Payment
Until the customer has paid all sums outstanding in relation to the goods, title of the goods shall not pass from Walsh Printers to the customer.
If the customer has not paid all sums outstanding in relation to the goods, if directed by Walsh Printers to do so, the customer must forthwith return the goods to Walsh Printers if so directed by Walsh Printers.
Copyright in all artistic and literary works authored by Walsh Printers shall remain the property of Walsh Printers unless there is specific agreement to the contrary at the time of Walsh Printers’ acceptance of your order.
The customer has warranted to Walsh Printers, and Walsh Printers has accepted the customer’s warranty that the customer has copyright in or a licence to authorise Walsh Printers to reproduce all artistic and literary works supplied by the customer to Walsh Printers for the purpose of the Order and the Customer hereby expressly authorises Walsh Printers to reproduce all and any of such works for the purposes aforesaid.
The Customer indemnifies and agrees to keep indemnified Walsh Printers against all liability, losses or expenses incurred by Walsh Printers in any way directly or indirectly connected with any breach of copyright on materials supplied by the customer.
The customer is hereby granted a non-exclusive license to use the copyright works created by Walsh Printers for the purposes of the Order, however such licence is conditional upon Walsh Printers having received all monies due to Walsh Printers under these Terms and Conditions.
The customer must keep confidential and not use any ideas, systems or processes communicated or made available by Walsh Printers to the customer without Walsh Printers’ written permission.
16. Electronic Media
All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Walsh Printers to store data for the purposes of completing the Order are the property of Walsh Printers. The customer cannot require Walsh Printers to supply to the customer any data so stored. In the event that Walsh Printers does supply data so stored or created, Walsh Printers may charge the customer for supplying such data.
Walsh Printers will not be liable for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Walsh Printers agrees to store such data Walsh Printers may charge to do so.
17. Goods And Services Tax (Value Added Tax)
The customer will be liable for any goods and services tax (VAT) payable because of the supply of goods and/or services by Walsh Printers to the customer.