All orders for goods accepted by SAC Graphics (“the vendor”) are accepted subject to the following conditions which shall form part and govern the contract of sale. Placing an order for goods shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the vendor has authority to vary these conditions unless accepted and confirmed in writing.
Any information, data or advice furnished to the purchaser shall not be deemed to form part of the Contract and the vendor can accept no liability for any inaccuracies in such information, data or advice (whether or not such inaccuracies result from the vendors negligence), nor for any losses, direct or indirect, arising out of or consequent upon or attributable to the purchasers or any third parties' having made use of or adopted in whole or in part any such information, data or advice given (whether negligently or otherwise) by or on behalf of the vendor.
(a) Material Proofed Orders - Where a proof is supplied the purchaser shall at the time the proof approval is approved be deemed to have carried out his own investigations and/or tests of the goods and therefore accept and acknowledges that he has not relied upon the skill or judgment of the vendor in entering into this Contract.
(b) Where orders are produced without a proof or with an electronic proof only, the vendor accepts no responsibility for any errors (whether or not such inaccuracies result from the vendor’s negligence) however caused and such an order is produced at the sole risk of the purchaser.
(a)The vendor will despatch goods on the purchasers behalf using a third party courier at the vendors discretion, once goods are collected, the couriers terms and conditions shall apply (terms available on request). The vendor is not able to guarantee time or date of delivery.
(b) The purchaser shall be responsible for any additional costs incurred when goods are not able to be delivered to the delivery address provided.
(c) The purchaser shall be responsible for any additional costs incurred where delivery instructions provided dictate specific details outside of the courier’s standard terms and conditions including (without limiting the foregoing) specific delivery time ranges, specific delivery dates, prebooking a delivery, limitations on delivery sizes and special packing requirements. The vendor reserves the right in these circumstances to request collection of such orders by the purchaser (or their agent) at the purchasers cost.
(d)The purchaser may arrange collection of goods provided this is notified and agreed in writing at time of order.
(e)Where the purchaser does not collect or take delivery of goods when the same are ready for collection or delivery, and the vendor has taken reasonable steps to advise the purchaser, the Vendor shall store the goods for a maximum period of 60 days from production date (storage space permitting) and they will then be disposed of. The purchaser will be liable for any storage and disposal costs.
(f) The extent of the vendors liability to the purchaser for any delay in delivery of orders howsoever arising shall in no case exceed the carriage fee paid and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or claim whether suffered by the purchaser, the purchasers agent or any purchaser of the purchaser and whether direct, indirect, consequential, or however else arising. Carriage refunds are at the discretion of the courier.
(g) The extent of the vendors liability to the purchaser for any delay in dispatch of Express orders howsoever arising shall in no case exceed the Express service fee paid and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or claim whether suffered by the purchaser, the purchasers agent or any purchaser of the purchaser and whether direct, indirect, consequential, or however else arising.
3. Property and Risk
For so long as any amounts remain owing from the purchaser to the vendor (whether immediately due or not) title to the property of the goods shall remain with the vendor and ownership will not pass to the purchaser until the vendor has received payment in full. In the event of the purchaser reselling the goods, if the vendor has not received all amounts owing to it, the purchaser shall account to the vendor for the proceeds of any such sale and meanwhile will hold all proceeds of such sale of such goods upon trust of the vendor until the vendor have received such amounts in full. The vendor shall have the right to trace all proceeds. At any time after the due date for payment from the purchaser to the vendor, and so long as such amounts have not been received by the vendor in full, the vendor, at the purchaser’s expense, shall have the right to enter the purchaser’s premises and remove there from all goods which remain the property of the vendor.
4. Returned Goods
(a)The vendor will not accept goods for credit or rectification unless such return has been authorized in writing, and the goods are received by the vendor in stock condition, with original packaging and the vendor retains the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof. The vendor reserves the right to charge a restocking fee on goods returned for credit which are not in stock condition.
(b)The purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to the vendor for service or credit which goods shall be at the risk of the purchaser until actual receipt of the goods by the vendor. The onus of proof of safe delivery shall rest with the purchaser.
(c)All items returned to the vendor by prearrangement and found to contain no fault, will be subject to a 10% handling charge (minimum charge £10).
(d)No credit shall be allowed for goods until they have been received complete.
(e)The vendor will not accept custom printed or customized goods for credit.
(f)The vendor will not accept goods for credit that have subsequently been printed or customized.
5. Consequential Loss
(a)The extent of the vendor liability to the purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any purchaser of the purchaser and whether direct, indirect, consequential, or however else arising.
(b) When materials are supplied by, specified by or products are specially manufactured to the customers requirements, the vendor may reject any materials supplied or specified by the customer which appear to be unsuitable. Additional costs incurred if materials are found to be unsuitable during production will be charged for. Where materials are so supplied, specified or are goods specially manufactured to customer specifications, the vendor accepts no responsibility for any loss or damage to supplied materials (whether or not such damage or loss results from the vendor’s negligence), such an order is produced at the sole risk of the purchaser, no claims for durability, incompatibility, loss or damage under these circumstances will be accepted.
Quantities of materials supplied shall be adequate to cover normal spoilage.
6. Availability of Goods.
(a)The vendor will use its best endeavours to comply with the date named for dispatch which date is given and intended as estimate only and is not to be the essence of the contract.
(b)The vendor’s acceptance of Express Orders is subject to written confirmation of acceptance following proof approval and payment.
(c)Express service orders, if owing to non-availability of the goods, materials or any other causes, the vendor shall be unable to effect dispatch at the specified time, the total extent of our liability will be to refund the express service charges only, no other claims will be accepted in this regard.
(d) Force Majeure. The vendor shall be under no liability if unable to carry out any provision of the contract for any reason beyond his 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 the printer elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
7. Payment and Price
(a)No work will be undertaken by the vendor until the purchaser has completed an order form or supplied a valid purchase order.
(b)Payment for all goods and services is due prior to scheduling for production (Except in the case of customers with an approved credit account).
(c) Credit Accounts.
(i) Following the completion of two orders paid on a pro-forma basis within a 6 month period, the purchaser may apply for a credit account. On receipt of full application details the vendor will obtain 3 trade references. Details will be passed to our agent for a full credit report. A credit account may then be offered based on our agents recomendations. No goods shall be supplied on account until this application has been duly authorized. The vendor reserves the right to withdraw this facility without explanation at any time or if no order is placed within a 6 month period.
(ii) Payment is due on the 30th day following the date of invoice. No variation to these terms will be accepted unless confirmed in writing by the vendor.
(iii) The purchaser warrants that it is not at the time of entering into this agreement insolvent and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or to exercise any other rights over or against its assets.
(iv)If accounts remain unsettled after 30 days the supply of goods and services will be suspended until payment is received in full. Accounts with money remaining outstanding after 60 days will be withdrawn.
(d)All proofs (and any other work carried out prior to approval) that are chargeable, must be paid for in full within 30 days of receipt, regardless of the order status.
(e)The vendor reserves the right to vary the quoted price for the goods by upward additions in accordance with market conditions at the date of dispatch and the purchaser shall pay such additions in addition to the quoted price. Price Lists do not constitute an offer.
(f)All overdue accounts will be charged, on a daily basis, commercial interest at 5% above the base rate of Nat West Bank plc pertaining at the time.
(g)All online orders must be paid for by credit/debit card at time of order.
(h)Online prices and offers may only be available online and may vary from those published elsewhere.
(I)All prices exclude Artwork, Setup, VAT and carriage, unless otherwise stated.
(J)Minimum offline invoice value £10.00 exc VAT.
8. Design Variation
Whilst the vendor makes every effort to ensure that goods supplied correspond to in every respect with the sample/proof, specification or description provided as the case may be, the vendor is not responsible for the minor variations in specification, in colour or other design features. Colours are matched as closely as allowed by the process used, slight variations will occur when printing jobs, reprinting jobs and during a production run, and no such minor variation shall entitle the purchaser to rescind the contract or shall be the subject of any claim against the vendor by the purchaser. The vendor reserves the right to alter, resize or rescale artwork supplied by the purchaser or the purchasers agent that is not at the correct size, proportion or ratio to fit the product or products ordered or to alter, resize or rescale products supplied to fit the specifications supplied by the purchaser or the purchasers agent. These alterations shall be at the sole discretion of the vendor and no such alterations shall entitle the purchaser to rescind the contract or shall be the subject of any claim against the vendor by the purchaser.
(a)The purchaser shall inspect the goods immediately on delivery and shall within 72 hours of such delivery (time to be of the essence) give notice in writing to the vendor of any claim for shortage, damage or non-functionality. Any delivery book or note marked "NOT EXAMINED" will not prevent the operation of this sub-clause nor constitute notice in writing within its terms.
(b)No liability for any claim for missing items shall be accepted unless the vendor is notified in writing by the purchaser within 72 hours of delivery.
(c)No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note unless the vendor is notified in writing by the purchaser within 72 hours of delivery and the onus is on the purchaser to prove any shortage.
(d)In the case of manufacturers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly through the manufacturer.
The purchaser shall, unless otherwise stated in writing, be responsible for all carriage, telephone, postal and other incidental charges incurred during the guarantee period.
11. Size, Weights etc
(a) All sizes stated are nominal and are subject to dimensional tolerances in accordance with appropriate B.S.S.
(b) The vendor may deliver to the purchaser an excess and/or deficiency of up to 10 per cent of weight or volume agreed to be delivered without any liability to the purchaser whatsoever save that the price payable by the purchaser shall be adjusted accordingly.
12. Patents and Trademarks
No representation is made or warranty given that any goods supplied do not infringe any letters patent, trademarks, registered designs or other similar industrial rights.
The vendor shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party. The vendor shall be indemnified by the customer in respect of any claims, cost and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the purchaser. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
13. Use of products for marketing
The vender reserves the right to use products and images of products produced for its own advertising and sampling purposes unless advised in writing by the purchaser to the contrary.
(a)If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
(b)This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law
15. Payment SAC Graphics accepts payment as follows:
We accept Visa, Mastercard, UK Maestro and Solo.
We accept Visa, Mastercard, UK Maestro.
Surcharges for credit cards are not normally made but we reserve the right to do so, on certain orders. There is never a surcharge for Switch/Delta and other debit cards.
Postal/Money Order Only UK Sterling Postal Orders accepted. Please cross the order with the words A/C PAYEE ONLY.
Cheques - Orders paid by cheque, will not be dispatched until the cheque has cleared. Foreign cheques must be drawn on a UK bank in Sterling, otherwise further charges may be made.
Bank Transfer - We can accept CHAPS and BACS transfers. Our bank is Nat West Bank PLC, 53 Market Street, Kingswinford, West Midlands DY6 9LD. Sort Code 60-12-49. Account number 65831241. Account name SAC GRAPHICS. Please quote your order No on all transfers and notify the vendor that payment has been made.
Terms & Conditions updated January 2018