Terms and Conditions of Supply

Estimates

In these conditions:

• "Materials" means the copy, artwork, layouts, designs, paper, Printed Material or electronics files that are supplied by you (or on your behalf) to us and which are to be used by us to provide the Printing Services or are to be the subject of the Printing Services;
• "Printed Material" means the product of the Printing Services; and
• "Printing Services" means the provision of typesetting, artwork, page layout, reproduction, printing and print finishing services by us to you as specified in an estimate or as agreed.

Orders

We must receive a prepayment of 100% of the total estimate to initiate the Printing Services. A binding contract shall only come into effect when we notify you of receipt of the deposit or if we notify you in writing that we accept that order.

We shall use reasonable endeavours to complete the Printing Services by the date specified in the estimate or order.

You shall pay for all Printing Services or other work provided by us to you even though not contained or stated in an estimate or an order, including, but not be limited to:

• any Printing Services, work or services provided:
  • on an experimental, testing or evaluative basis;
  • in connection with correcting, amending, or redoing any Materials and necessary or required to provide the Printing Services in accordance with an estimate or order; or
• alterations, amendments, or corrections made or requested to be made by you including after the receipt of proofs by you.

Proofs

For large jobs, we will require approval of a printed sample before the order is printed. If you want us to print without the sample, that is done at your own risk and cost, that is, you will have to pay us for the Printed Material should you be unsatisfied with the Printed Material.

Where we supply proofs to you, you shall be responsible for checking whether the proofs are in accordance with the specification set out in the estimate or as agreed upon for the provision of the Printing Services. You shall approve the proofs and after approval, any remaining errors, whether in:

• the content or Materials provided by you;
• the design or layout created, made, or carried out by us; or
• the application of the specification for the provision of the Printing Services (relating to such matters for example as the colours to be used, size, position, folding etc)

You acknowledge and accept that:

• the colours used in a proof will not necessarily match those in the Printed Material; and
• such differences are caused by using different equipment, inks, paper and other technical factors in the proofing process compared to those used in producing the Printed Material.

Payment

All amounts stated are exclusive of General Consumption Tax, which shall be charged in addition at the rate in force at the time you are required to make payment.

If you do not make a payment by any due date or the date stated in an invoice or as otherwise agreed upon, we shall be entitled to:

• require you to pay in advance for any Printing Services (or any part of them) which have not yet been performed; and
• not perform any further Printing Services (or any part of them).

Termination

You may terminate any contract for Printing Services by giving written notice to us at any time, but any amounts paid by you to us shall not be refundable as the work initiated is of personalized works.

On termination of any agreement, you shall pay for all Printing Services provided up to the date of termination, and for all expenditure falling due for payment after the date of termination from commitments reasonably and necessarily incurred by us for the performance of the Printing Services prior to the date of termination.

Cancellation by us

We reserve the right to cancel the contract between us if:

• we have insufficient stock to deliver the goods you have ordered;
• we do not deliver to your area; or
• one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

Reprints

If there is an issue with the print quality or damaged during delivery, we will re-print the order at no additional cost to you.

Delivery of goods to you

You will either attend our physical address for collection of your order, or alternately, we will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

The risk in the order shall pass to you on the date the order is delivered to you.

The property in the order shall not pass to you until we have received the payment of all sums owing concerning the order in full (and any other sums that are due or owing to us), whether delivery has been made.

Acknowledgment of examination

You acknowledge and agree that:

• we will have given you a reasonable opportunity to inspect the Printed Material;
• you will have inspected the Printed Material;
• you will have satisfied yourself as to the condition of the Printed Material;
• we have not given any warranty or condition as to the quality or fitness for any purpose of the Printed Material;
• all conditions or warranties, express or implied (whether by statute or otherwise), (or any information contained in the Materials) are expressly excluded; and
• delivery of the Printed Material to you shall be conclusive evidence that you have examined the Printed Material and that the Printed Material is in conformity with the contract description, in good order and condition, of satisfactory quality and fit for any purpose for which it may be required.

Illegal material

If in the reasonable opinion of us, we consider that any Materials provided to us by or on behalf of you:

• are defamatory;
• contain, express or indicate illegal, racist or otherwise discriminatory opinions;
• contain any designs, images, graphics or photographs which are illegally racist or otherwise discriminatory;
• are illegal or contain illegal content;
• infringe or breach any applicable data protection and/or privacy rights of a third party;
• infringe or breach the intellectual property rights of a third party; or
• are used outside the provisions of any licence that you or we may have to use those Materials,

then we shall not be required to supply any Printing Services in relation to such Materials or any Printed Material based on them.

Materials provided electronically

If you provide Materials to us by electronic means (Electronic Files), we shall not be responsible for checking:

• (where the Materials consist of copy) the accuracy of the content, including but not limited to checking whether the copy is spelt correctly, is grammatically correct, or formatted in accordance with any specification, layout or design or in accordance with any estimate or order;
• (where the Materials consist of artwork or layouts) whether the artwork or layouts are positioned correctly on a page or in accordance with any instructions as to how the artwork or layout are to be reproduced or printed; or
• (where Materials are supplied as a file ready for reproduction (and then for the production of Printed Material)) any of the contents, layout or commands, markings, formatting or other matters.

For Materials submitted as Electronic Files:

• you acknowledge and agree that:
  1. the devices on which Electronic Files are stored (or on which they are submitted by you; and/or
  2. the communication methods used by you to transmit the Electronic Files to us,
  may be subject to corruption or alteration which is not within the reasonable control or reasonable knowledge of us;
• you shall keep one or more copies as backup;
• you shall make available copies of the Electronic Files at dates and times that we reasonably require; and
• you shall submit Electronic Files in the software programme, version and format we specify (the Supported Format).

Warranties, liability, and indemnities

We warrant that we will use reasonable care and skill in performing the Printing Services and to the standard generally accepted within the printing industry.

If we perform the Printing Services (or any part of the Printing Services) negligently or materially in breach of an estimate or order, then if requested by you, we will re-perform the relevant part of the Printing Services. Your request must be made within 7 days of the date we completed performing the Printing Services.

We provide no warranty that any result or objective can be or will be achieved or attained at all or by a given date for the completion of the performance of the Printing Services or any other date, whether stated in the specification or elsewhere.

Except in the case of death or personal injury caused by our negligence, the liability of us under or in connection with your order whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the fee(s) paid by you to us.

Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs, or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.

Events beyond our control

We shall have no liability to you for any failure to deliver Printed Material you have ordered or any delay in doing so or for any damage or defect to Printed Material delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy.

Governing law

The contract between us shall be governed by and interpreted in accordance with Jamaican law and the Jamaican courts shall have jurisdiction to resolve any disputes between us.