Our terms and conditions

TERMS & CONDITIONS

1. Price variation – Estimates are based on the current costs of production and unless agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.

2. Tax – loyaltyMATTERS Ltd or its nominated agents reserves the right to charge the amount of value added tax payable whether or not included on the estimate or invoice.

3. Preliminary work – All work carried out, whether experimentally or otherwise, at a customer’s request shall be charged.

4. Copy – A charge may be made to cover any additional work involved where copy supplied is not clear and legible.

5. Proofs – Proofs of all work may be submitted for customer’s approval. LoyaltyMATTERS or its nominated agents shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer alterations and additional proofs may be charged extra. When style, type or layout is left to loyaltyMATTERS judgement, further changes requested by the customer shall be charged extra.

6. Copyright – Unless negotiated and agreed in writing, the copyright of General Artwork or Copy, Commissioned Artwork or Copy or Illustrations belong to loyaltyMATTERS Ltd. LoyaltyMATTERS Ltd may use any artwork, copy, printing, web design or e-mails produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, copy etc. The customer will indemnify loyaltyMATTERS Ltd and its’ agents from any claim arising thereof.

7. Company imprint – Unless otherwise specifically requested in writing all work may carry our company imprint(s) which will be positioned at our discretion.

8. Delivery and payment – Upon instruction in writing (order form, letter, fax or e-mail) from the customer, 50% of the estimate or quote becomes immediately due for payment. The balance becomes due when the final proof is issued which must be paid before any printing, posting or e-transmission. a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed. Ownership shall not pass until full payment has been made. b) Unless otherwise specified, the price quoted is for collection of the work from LoyaltyMATTERS Ltd. A charge may be made to cover any extra costs involved in delivery. c) Should expedited delivery be agreed an extra charge may be made to cover any overtime or additional costs incurred. d) Should work be suspended at the request of or delayed through any fault of the customer for a period of 30 days, LoyaltyMATTERS Ltd shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs; including storage.

9. Variations in quantity – Every endeavour will be made to deliver, post or e-transmit the correct quantity ordered. However, some variation is inherent in the printing process, Royal Mail deliveries and e-mail transmissions. It is understood and accepted that any reasonable variations are not material to the contract.

10. Claims – Advice of damage, delay or partial loss of goods in transit or of non delivery must be given in writing to loyaltyMATTERS Ltd and the carrier within seven clear days of delivery. All other claims must be made in writing to loyaltyMATTERS Ltd within 28 days of delivery, post or e-transmission. LoyaltyMATTERS Ltd shall not be liable in respect of any claim unless the afore mentioned requirements have been complied with except in any particular case where the customer proves it was not possible to comply with the requirements and advice (where required) was given and the claim made as soon as reasonably possible.

11. Liability – LoyaltyMATTERS Ltd and its agents shall not be liable for any loss to the customer arising from delay in transit, post or e-transmission.

12. Customers Property – Customer’s property and all property supplied to loyaltyMATTERS Ltd or its agents by or on behalf of the customer shall while it’s in the possession of loyaltyMATTERS Ltd or its agents or in transit to or from the customer be deemed to be at the customer’s risk unless agreed otherwise and the customer should insure accordingly. LoyaltyMATTERS Ltd or its agents shall be entitled to make a reasonable charge for the storage of any customer’s property left with loyaltyMATTERS Ltd or its agents before receipt of the order or after notification to the customer of completion of the work.

13. Credit terms – For invoices not settled within the agreed credit terms, loyaltyMATTERS Ltd reserves the right to charge interest on the overdue debt at 2% above base rate prevailing at the time and an administration fee to cover the debt recovery costs.

14. Insolvency – If the customer ceases to pay his debt 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, loyaltyMATTERS Ltd without prejudice to other remedies shall i) have the right not to proceed further with the contract or any 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 debt.

15. Illegal matter – LoyaltyMATTERS Ltd and its agents shall not be required to print, post or e-transmit any matter which in his opinion is or may be of an illegal, indecent or libellous nature or an infringement of the proprietary or other works or any third party. LoyaltyMATTERS Ltd and its agents shall be indemnified by the customer in respect of any claims, costs and expenses arising out of libellous matter or any infringement of copyright, patent, design or any other proprietary or personal rights contained in any material printed, posted or e-transmitted for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

16. Colour printing & digital reproduction – Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the process involved, loyaltyMATTERS Ltd shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof or electronic graphic file and the printed or web hosted article.

17. Force majeure – loyaltyMATTERS Ltd shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (but without limiting the foregoing) Act of God, legislation, war, fire, drought, failure of power supply, telephone, lock-out, strike or other action taken by 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 loyaltyMATTERS Ltd elect to terminate the contract and pay for the work done and materials used, but subject thereto shall otherwise accept delivery when available.

18. Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.

19. Consequential loss – loyaltyMATTERS Ltd accepts no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.