These terms and conditions supersede any others stipulated on orders received.
BISON and MadeByBison, are trading names of Bison Print Limited (hereafter known as ‘the Company’) may accept verbal orders, or amendments to existing orders, instructions must be confirmed in writing or email before any work is commenced.
Basis of the contract
All quotations supplied are ‘subject to sight of materials’, and the Company reserve the right to pass on any increased costs due to the client’s deviation from the original brief.
Every effort will be made to supply the quantity ordered but quotations are conditional upon a tolerance of plus or minus 5 percent, the same to be charged for or deducted pro rata.
Quotations remain firm for 30 days from date of issue, after which they are subject to review.
Charges
All work produced at client’s request whether experimental or otherwise will be charged for.
Author’s changes to the first proof or after will be charged extra. Proofs of all work may be submitted for client’s approval and no responsibility will be accepted for any errors in proofs passed by the client that may be found after the order has been printed. Any subsequent changes and reprints will be chargeable.
Rush work is subject to a surcharge and must be agreed in writing by us.
Due to the complex nature of VAT on printed matter, the VAT amount indicated is intended to be a general guide only. The Company reserve the right to retrospectively charge VAT should the need arise.
Should work be suspended at the request of or delayed through any default of the client for a period of 30 calendar days the company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Rescheduling is subject to capacity and must be agreed in writing by us.
Without prejudice to other remedies, if the client becomes insolvent (namely, being a company that is deemed to be unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him) this company shall have the right not to proceed further with the contract or any other work for the client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the client, such charge to be an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.
For clients who do not have an account with us, payment in full is due before work commences. Please allow 7 days for cheques to clear.
For clients who have an account with us, payment is due within one calendar month of the date of invoice.
Payment of all charges shall be made without deduction whether by reason of set off or otherwise.
Any sum overdue for payment from the client to the Company (whether under the Contract or otherwise) shall bear interest at the rate of 2% over the base rate for lending of Barclays Bank PLC until actual payment in cash or cleared funds (whether before or after judgment in a court of law). If there is a genuine dispute regarding an invoice then interest shall not be payable.
Any query regarding invoices must be raised within 14 days of their receipt.
Changes
Every effort will be made to make the best possible colour reproduction on client’s work, but due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.
The Company reserves the right to change specifications of standard papers and boards to another of equal quality if the need should arise.
When style, type or layout is left to the judgment of the Company, changes (as opposed to corrections) and additional proofs necessitated will be charged as extra.
In the event that the client has submitted artwork electronically, the Company will check the file for obvious errors and will notify the client of any potential problems we may find. A digital proof will be sent for the client’s final approval. However, we will not be held responsible for errors that occur as a result of supplied artwork under any circumstances. If an electronic file is not suitable for outputting without adjustment or corrective action the Company may make a charge for any resulting additional costs incurred.
Client responsibilities
It is the client’s responsibility to maintain a copy of any original electronic file supplied to the Company. The Company accepts no liability for loss of data supplied.
The client must ensure that its instructions to us are accurate and up to date and must supply us with all the information we need in order to provide our services.
Goods/delivery/title
Delivery/collection dates are not guaranteed unless specifically stated in writing and such guarantees may incur additional charges to cover overtime working and expedited delivery.
Carriage arranged by the Company on behalf of the client will be charged accordingly unless otherwise agreed. Once the goods have been despatched, the Company cannot be held responsible for late deliveries. Goods are deemed to be delivered once inside the destination building. The risk in goods delivered shall pass to the client on delivery.
All designs, artwork, print, materials and other goods supplied by the Company and/or associated companies shall remain the property of the Company until the client has paid for them and discharged all other debts owing to the Company.
If the client becomes insolvent (as set out in clause 12) and goods have not been paid for in full, the Company may take the goods back and, if necessary, enter the client’s premises to do so, or to inspect the goods.
If goods supplied are damaged on receipt, notification must be made to us, in writing; within 24 hours of receipt otherwise returns shall not be accepted.
Any query regarding the goods supplied must be made to us in writing within 7 days of delivery/collection. All goods returned must be unused. Credits will be given for goods received not goods supplied. No returns/refunds after 28 days. Claims outside these criteria will not be considered.
If the client shall sell the goods before they have been paid for in full he shall hold the proceeds of sale on trust for the Company in a separate account until any sum owing to the Company has been discharged from such proceeds.
Limitation of liability
The Company shall not accept liability for consequential loss or damage resulting from error or delay however caused.
Whilst every care is taken of materials provided to us, the Company accept no liability for loss or damage, or consequential loss or damage, whilst materials are in transit or on our premises.
Intellectual property
All artwork produced, designs created and text written by us (IPR) remain our copyright and must not be reused or reproduced unless such copyright is specifically disposed of to the client. Unless otherwise agreed in writing, we grant the client a non-exclusive, revocable and royalty free licence to use our IPR.
If you require the supply of final artwork files either electronically or on CD/DVD, a charge of £35 will apply to retrieve these from the archive.
The client warrants that all information and material provided to us is provided on the basis that it does not breach the intellectual property rights of any third party and shall indemnify us against all claims, expense or losses arising out of any such claim.
Where the Company agree to store materials against future use the Company reserve the right to charge for the space occupied. Clients must insure their materials against all risk.
Deliveries of goods in must be accompanied by delivery notes detailing the quantity and description of the goods and each package must be marked with contents and quantity.
The Company shall not be required to print any matter that in our opinion is or may be of an illegal or libellous nature. The client shall indemnify us in respect of any claims, costs or expenses arising out of any illegal or libellous matter printed for them or for any infringement of patent, copyright or design.
Data Protection
“Data Protection Legislation” means up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998 and “GDPR” means the General Data Protection Regulation ((EU) 2016/679).
We are registered with the Information Commissioner as a data controller and we take our responsibilities towards your personal information very seriously, we only hold data that we need for the purposes of providing our services.
We will use the personal information provided to us by the client in order that we may provide our services to the client;and, if the client agreed to this during the order process, to give further information about similar services that we provide, but the client may stop receiving this at any time by contacting us. When the client has requested to receive further information about the Company products or services or send artwork over our website we will ask for certain personal information to carry out this request such as name, title, company or organisation name, work or home address, work or home email addresses and work phone. This information is stored only by the Company as a means of carrying out the client’s request and to improve our service to our clients and will not be disclosed to any third party.
We will only give your personal information to third parties where the law either requires or allows us to do so.
We shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under this agreement:
process that Personal Data only on your written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to the Consultant to process Personal Data (Applicable Data Processing Laws);
ensure that we have secure, backed up storage for said data;
ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
only transfer Personal Data outside of the European Economic Area where the following conditions are fulfilled:
we have provided appropriate safeguards in relation to the transfer;
the data subject has enforceable rights and effective legal remedies;and
we are in compliance with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred.
We regularly review our processes and systems to ensure that we meet the conditions that we have set ourselves in this clause.
If the client makes a written request, we will delete or return Personal Data and copies to the client on termination of the agreement unless required by Applicable Data Processing Law to store the Personal Dataor where we, for our legitimate business purposes, consider that we need to keep the Personal Data for a set period. We regularly review how long we keep Personal Data for the purposes of your re-ordering with us or raising queries and based on the breach of contract limitation period the current length of time is six years.
The client warrants that it will also comply with all applicable requirements of the Data Protection Legislation and you will indemnify us against any claim, expenses or losses arising out of the client’s breach of the Data Protection Legislation including our costs of dealing with any such claim.
The Company shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the client; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the client may by written notice to the design, print and signage company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These conditions and all other express and implied terms of the contract shall be governed in accordance with the laws of England.
