1. General Terms of Business
1.1 The following terms and conditions will apply to all contracts made in writing or verbally for the sale, supply and delivery/collection of goods, services and material by Wallace Contracts Ltd. Any variation of the terms and conditions may only be amended or varied with the written agreement of Wallace Contracts Ltd.
1.2 Any order placed by a Customer shall constitute an offer to contract upon these express terms and conditions and no addition thereto or variation thereof whether contained in the Customer’s order or otherwise shall apply unless expressly agreed in writing by a Wallace Contracts Ltd authorised representative. No order shall be binding upon Wallace Contracts Ltd unless accepted in writing by Wallace Contracts Ltd.
“Conditions” means the Standard Terms and Conditions of Sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between Wallace Contracts Ltd and the Customer.
“Customer” shall mean the person, firm or company who accepts a quotation off Wallace Contracts Ltd for the sale of the Goods and or whose order has been accepted by Wallace Contracts Ltd.
“Contract” shall mean the contract of for the sale and purchase of Goods and the supply of Services between Wallace Contracts Ltd and the Customer.
“Goods” shall mean the goods referred to in an order placed by the Customer and materials supplied by the Company under the Contract.
“Services” shall mean the design and printing of brochures/leaflets/graphics etc. and other advertising materials together with, where specified, application and installation of the Goods, provided by Wallace Contracts Ltd under the Contract.
“Writing” includes telex, electronic mail, cable, facsimile transmission and comparable means of communication. “Parties” means Wallace Contracts Ltd and the Customer under the Contract.
3. Basis of Sale
3.1 Wallace Contracts Ltd shall sell / provide and the Customer shall purchase the Goods and/or Services in accordance with any written quotation of Wallace Contracts Ltd which is accepted by the Customer, or any written order of the Customer which is accepted by Wallace Contracts Ltd, subject in either case, to these conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
3.2 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Wallace Contracts Ltd shall be subject to correction without any liability on the part of the Company.
4. Proofs and Copyright
4.1 All artwork, text, style and graphics produced by Wallace Contracts Ltd on behalf of the Customer shall be submitted to the Customer for approval. Wallace Contracts Ltd shall accept no liability for errors not corrected by the Customer. Any amendments to be made after the Customer has approved artwork shall be subject to additional cost.
4.2 Copyright – the customer must take full responsibility with regard to the copyright/patent of any material or copy used including all content and images and is responsible for obtaining the necessary permission from the copyright holder. Where artwork, text, style or graphics have been supplied to Wallace Contracts Ltd by the Customer or by a third party on the Customer’s behalf, the Customer shall indemnify and keep indemnified Wallace Contracts Ltd against all costs and claims arising out of libellous matter or any infringement of copyright, patent, design or any other proprietary rights contained in such artwork, text, style, graphics, photographs etc.
4.3. All logos, designs and artwork will remain the property of Wallace Contracts Ltd unless copyright is expressly released in writing.
4.4 Where an order is placed using material on a computer readable disk or other media for digital printing the Customer shall supply a colour layout of the desired end print and in the absence of a visual proof Wallace Contracts Ltd accepts no responsibility for any material variation in the interpretation of the Customer’s requirements. Time expended in alterations required to be made by Wallace Contracts Ltd due to incorrect information supplied by the Customer shall be subject to additional charge.
4.5 Unless specified by the Customer, Wallace Contracts Ltd in its absolute discretion shall print all works for digital printing in a resolution most appropriate for any particular application.
4.6 All materials used in the production of work of any nature shall unless it is supplied by the Customer belong to Wallace Contracts Ltd.
4.7 Wallace Contracts Ltd shall use reasonable endeavours to obtain best results on materials supplied or specified by the Customer. Such materials may be rejected if they are deemed, in Wallace Contracts Ltd opinion, to be unsuitable. In such event Wallace Contracts Ltd may charge any additional costs incurred.
5. Price of Goods
5.1 The price of goods is based on Wallace Contracts Ltd current costs of production and unless otherwise agreed, are subject to amendment at any time after the acceptance to meet any rise or fall in such costs.
Wallace Contracts Ltd will not be held to any price estimated over the telephone. A firm quotation will be given only when an accurate description of the work involved is given and may then be subject to variation.
5.2 The price is exclusive of any applicable value added tax, which the customer shall be additionally liable to pay to Wallace Contracts Ltd.
5.3 All prices exclude delivery and application, which are subject to the additional charges shown in the Contract.
6. Terms of Payment
6.1 A credit account may be opened at Wallace Contracts Ltd discretion and upon receiving two satisfactory trade and bank reference(s). All credit accounts are strictly nett and payable thirty days from the day of invoice. Wallace Contracts Ltd shall be entitled to charge interest at the rate of 2% per month, or part thereof, on all accounts not settled on the due date. In addition Wallace Contracts Ltd shall be entitled to claim compensation according to provisions under the late payment legislation if we are not paid according to agreed credit terms. This clause is subject to, and may be amended by, specific credit terms agreed in writing between the customer and Wallace Contracts Ltd.
6.2 Wallace Contracts Ltd shall be entitled to invoice the Customer for the price of the Goods/and or Services on or at any time after delivery of the Goods, or after Wallace Contracts Ltd has notified the Customer that the Goods are ready for collection, or (as the case may be), the Company has tendered delivery of the Goods or on placement of a purchase order for Services.
6.3 The Customer shall pay the amounts due at the time(s) stated in the Contract or, if no time is stated, within 30 days from the invoice date of the Company’s invoice for the Goods or upon receipt of an invoice for Services.
6.4 Wallace Contracts Ltd reserves the right to charge interest on overdue accounts at the rate of 2% per month or part month from the date on which the account becomes due until the date of payment and the Customer shall be responsible on a full indemnity basis for all costs and fees incurred by Wallace Contracts Ltd in enforcing payment of any overdue account.
6.5 Wallace Contracts Ltd reserves the right to suspend performance of any of its obligations under any Contract while a Customer’s account remains overdue for payment.
7.1 Delivery shall be made to an address supplied by the Customer on an official purchase order document, unless otherwise expressly agreed in Writing. Orders can be despatched via out-side couriers and these will be charged at cost, plus packaging and VAT.
7.2 Any dates quoted for delivery of the Goods or performance of the Services are approximate only and Wallace Contracts Ltd shall not be liable for any delay howsoever caused. Time for delivery and or performance of the services shall not be of the essence of the Contract unless previously agreed by Wallace Contracts Ltd in writing. The Goods may be delivered and the Service performed by Wallace Contracts Ltd in compliance with the quoted delivery/performance date upon giving reasonable notice to the Customer.
7.3 If Wallace Contracts Ltd fails to deliver the Goods and or provide the Service (or any instalment) for any reason other than for any cause beyond Wallace Contracts Ltd reasonable control and Wallace Contracts Ltd is accordingly liable to the Customer, Wallace Contracts Ltd liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar Goods and or Service to replace those not delivered or performed over the price of the Goods/Service.