Proofs – Proofs of all work may be submitted for the customer’s approval, either digitally by email or as hard-copy print-outs and Priority Printing shall incur no liability for any errors not corrected by the customer in proofs submitted, even whereby Priority Printing has created the data at the customer’s request. No claims can be accepted after the job has gone to press (see Claims and returns below). Customer’s alterations and additional proofs necessitated thereby shall be charged extra.
Claims and returns – In the event that the customer be unsatisfied with their order or believe to have received the wrong order, Priority Printing will reprint said order free of charge providing the claim is proven to be the result of our printing mistake or error. Should the order fail to print as a result of poorly prepared data however, we cannot be held responsible and any reprinting must be borne in full by the customer. Any claims must be made in writing within one week of receipt of your order and the entire delivery returned to us for inspection.
We regret that claims cannot be accepted under the following circumstances:
More than one week has passed since receipt of goods
A factual error, typo or other design flaw is discovered in the printed matter, regardless if Priority Printing created the data (see Proofs above)
The returned order is incomplete or has been partly used/distributed
If the order appears to have minor printing defects deemed unavoidable and/or non-critical (see full color printing below), is soiled or shows other signs of usage
The order was damaged in transit
Preliminary work – All work carried out, whether experimentally or otherwise, at the customer’s request shall be charged.
Copyright – Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belong to Priority Printing. Priority Printing may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, etc. The customer will indemnify Priority Printing and his agents from any claim arising thereof.
Artwork release – Working design files or print-ready artwork files as commissioned by the customer remain the copyright and property of Priority Printing. For an additional release fee however, calculated at 50% of the original design fee, said artwork may be released upon request.
Delivery and payment – Deliveries are carried out by the owner (Fred Edwards) of Priority Printing, when customer specifies that they would prefer free local delivery. All work Carried out by Fred Edwards to locations outside of local delivery, delivery charge shall be added to the order and is calculated based on the number and size of packages required to fulfill the order. A cash-on-delivery surcharge is included in the delivery price but customers wishing to pay by Credit/Debit card will be subject to an additional 5% service charge. Priority Printing accepts payments for its services through the convenient website for those customers paying with a credit or debit card Bank transfers must be verified before delivery can take place. For those customers paying with cash or a check, can give Fred Edwards payment when he shows up with delivery.
Variations in quantity – Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are not material to the contract. In order to maintain low prices by avoiding frivolous claims, no claim will be accepted in lieu of said immaterial shortage.
Liability – Priority Printing shall not be liable for any loss to the customer arising from delay in transit not caused by Priority Printing.
Insolvency – If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding–up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Priority Printing without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
Illegal matter – (a) Priority Printing shall not be required to print any matter which in their opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party. (b) Priority Printing shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
Full color printing – Every effort will be made to obtain the best possible color reproduction of client data but because of the nature of the processes involved, Priority Printing shall not be required to guarantee an exact match in color or texture between the customer’s photograph, transparency, proof or electronic graphic file and the printed article. Micro pin-holes and other minor defects may also occur from time to time and a judgement as to whether the defect is considered critical or not shall be made by Priority Printing in the event of any claim resulting from it.
Force majeure – Priority Printing shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, 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 customer may by written notice to Priority Printing elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with US Law.
Consequential loss – Priority Printing accepts no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.