Terms and Conditions
HALF PRICE HEARING LIMITED – TRADING AS WATERFRONT PROMOTIONS:
Standard Terms and Conditions and General Trading Information
1. These terms and conditions apply to all orders. Receipt of these terms and conditions constitutes your acceptance that our conditions are the only conditions that apply to the contract. Variations to which shall take effect only if agreed in writing with Half Price Hearing t/a Waterfront Promotions.
2. PRELIMINARY WORK. Work produced whether experimentally or otherwise, at customer’s request, will be charged for.
3. PROOFS. Author’s corrections on and after first proof, including alterations in style, will be charged extra. Proofs of all work may be submitted for customer’s approval, and no responsibility will be accepted for any errors in proofs which may be passed by the customer.
4. DELIVERY. Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of goods. Unless otherwise stated, prices include delivery to one mainland UK address. Otherwise extra at cost.
5. PAYMENT TERMS. All goods will be supplied against a pro-forma invoice
6. PASSING OF TITLE AND RISK. The risk in the goods shall pass to you on delivery. All goods delivered or not, remain our property until payment is received in full.
7. PRODUCTS. We reserve the right to alter any details or design of products illustrated without notice and while every effort is made to describe goods accurately, no warranty is given as to the accuracy and no responsibility will be accepted for error or mis-description and any resulting loss. For the avoidance of doubt, the customer is wholly responsible for answering all legal, environmental and trading laws and that their requirements are met in all aspects.
8. QUANTITY VARIATION. Every endeavour will be made to deliver the correct quantity ordered, but owing to the difficult of producing exact quantities, quotations are conditional upon a margin of 10 per cent being allowed for overs or shortage, reducing to 5 per cent on orders of 50,000, and you will be charged at the contract rate for the quantity delivered.
9. COST VARIATION. Quotations are based on the current cost of production (materials, working hours and wages) and are subject to amendment on or after acceptance to meet any recognised rise or fall in such cost. All quotations are based on specifications as understood at the time, and are subject to sight of artwork etc and final instructions.
10. COLOUR ACCURACY. Every endeavour will be made to produce printed matter as closely accurate to originals as possible. However, due to the limitations of the processes involved, we cannot guarantee an exact match. Every effort will be made to minimise colour variation to a commercially acceptable standard. Colour machine proofs are obligatory on colour critical jobs.
11. FONTS AND IMAGES. Customers supplying digital artwork for reproduction that include embedded fonts and images warrant that they are authorised to use and reproduce the fonts supplied. The customer indemnifies and holds Waterfront Promotions harmless in the event that the fonts or images supplied infringe the owner or licensors of any third parties’ property rights whatsoever.
12. ILLEGAL MATTER. Waterfront Promotions shall not be required to print any matter which in their unrestricted opinion is of an illegal or improper nature or unsuitable for any reason for publication. The customer will indemnify Waterfront Promotions for and against all costs, claims and demands which may arise in any proceedings brought against Waterfront Promotions arising from the nature of the matter printed on its form of content.
13. PRICES. Where applicable, all prices quoted are subject to VAT at the current rate.
14. CLAIMS. Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days of delivery. All claims with regard to the quality or quantity of goods shall be made in writing to reach us within 5 days of receipt of goods or such goods shall be deemed to comply as to the quality and quantity with the terms of the contract. You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to goods in transit unless loss or damage is noted on the delivery note at the time of delivery.
15. LIABILITY. Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedure as set out in clause 14. Nothing in these terms and conditions shall affect the rights of a consumer.
16. FORCE MAJEURE. Every effort will be made to carry out any contract based on a quotation, but the performance of it is subject to variation or cancellation owing to an Act of God, War, Strikes, Lock-outs, Fire, Flood, Drought, or any other cause beyond control, or owing to inability to produce materials or articles except at increased prices due to any of the foregoing causes.
17. CANCELLATION CHARGES. A charge will be made on all cancelled orders, together with the charge for all work carried out up to the date of written cancellation.
18. OVERDUE ACCOUNTS. No goods will be delivered on accounts which remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts, at the rate of 5% above HSBC Bank plc base rate from the date the account became due until payment is received. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you. We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.