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 Wallacecontractsltd. Any variation of the terms and conditions may only be amended or varied with the written agreement of Wallacecontractsltd.
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 Wallacecontractsltd authorised representative. No order shall be binding upon Wallacecontractsltd unless accepted in writing by Wallacecontractsltd.
“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 Wallacecontractsltd and the Customer.
“Customer” shall mean the person, firm or company who accepts a quotation off Wallacecontractsltd for the sale of the Goods and or whose order has been accepted by Wallacecontractsltd.
“Contract” shall mean the contract of for the sale and purchase of Goods and the supply of Services between Wallacecontractsltd 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 Wallacecontractsltd under the Contract.
“Writing” includes telex, electronic mail, cable, facsimile transmission and comparable means of communication. “Parties” means Wallacecontractsltd and the Customer under the Contract.
3. Basis of Sale
3.1 Wallacecontractsltd shall sell / provide and the Customer shall purchase the Goods and/or Services in accordance with any written quotation of Wallacecontractsltd which is accepted by the Customer, or any written order of the Customer which is accepted by Wallacecontractsltd, 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 Wallacecontractsltd 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 Wallacecontractsltd on behalf of the Customer shall be submitted to the Customer for approval. Wallacecontractsltd 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 Wallacecontractsltd by the Customer or by a third party on the Customer’s behalf, the Customer shall indemnify and keep indemnified Wallacecontractsltd 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 Wallacecontractsltd 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 Wallacecontractsltd accepts no responsibility for any material variation in the interpretation of the Customer’s requirements. Time expended in alterations required to be made by Wallacecontractsltd due to incorrect information supplied by the Customer shall be subject to additional charge.
4.5 Unless specified by the Customer, Wallacecontractsltd 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 Wallacecontractsltd.
4.7 Wallacecontractsltd 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 Wallacecontractsltds opinion, to be unsuitable. In such event Wallacecontractsltd may charge any additional costs incurred.
5. Price of Goods
5.1 The price of goods is based on Wallacecontractsltds 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.
Wallacecontractsltd 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 Wallacecontractsltd.
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 Wallacecontractsltd 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. Wallacecontractsltd 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 Wallacecontractsltd 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 Wallacecontractsltd.
6.2 Wallacecontractsltd 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 Wallacecontractsltd 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 Wallacecontractsltd 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 Wallacecontractsltd in enforcing payment of any overdue account.
6.5 Wallacecontractsltd 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 by Wallacecontractsltd 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 Wallacecontractsltd 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 Wallacecontractsltd in writing. The Goods may be delivered and the Service performed by Wallacecontractsltd in compliance with the quoted delivery/performance date upon giving reasonable notice to the Customer.
7.3 If Wallacecontractsltd fails to deliver the Goods and or provide the Service (or any instalment) for any reason other than for any cause beyond Wallacecontractsltd reasonable control and Wallacecontractsltd is accordingly liable to the Customer, Wallacecontractsltd 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.