Terms and Conditions
By using www.whitehallprinting.co.uk you agree to these terms. We reserve the right to change these Terms from time to
time without prior notification.
- Interpretation: In these conditions “work” means the goods and services (including any instalment of the goods or
services or any parts for them) which Whitehall Printing Co (Avon) Ltd (herein referred to as the Company) is
to supply in accordance with these conditions.
- Sole Contract Terms: All quotations are made and all orders for goods and services issued by the Company are accepted
subject to the following conditions that shall form and govern the contract of sale between the parties. These
conditions constitute the entire agreement between the parties and shall prevail notwithstanding any unilateral
variation of the Terms and Conditions by the customer. Any variation to these conditions in any document of the
customer is unacceptable unless accepted in writing by the Company and signed by an authorised Director on behalf
of the Company.
- Price, Order Confirmation & Variation:
- Order Confirmation. When confirmation of order is received, this is to indicate that we have received your
order. It does not indicate that a contract exists between us. We will indicate acceptance of your order,
and hence a contract between us, when we send you an invoice. We have included this term to protect us
in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we
are no longer able to supply a particular product for some reason. In the case of a change of price,
we will always contact you first to ensure that the price is acceptable
- Bespoke quotations are based on information supplied by the Customer and on Company current costs for production.
The period of validity of each quotation shall be 30 days from the date of issue. The Company reserves
the right, unless otherwise agreed in writing, to amend quotations on or at any time after acceptance
if the Customer changes specification or supplies additional information or to meet any rise or fall
in Company costs.
- All prices quoted are net of Value Added Tax which will be charged where applicable along with any other
taxes, duties or royalties payable against the work to be completed, whether or not included in the estimate
or invoice.
- Preliminary Work: All work carried out, whether experimentally or otherwise at the Customer’s request, shall be charged
and shall be paid for by the Customer on demand or in advance if so required by the Company who will notify the
Customer in advance of such charges being incurred. A charge shall be made to cover any additional work involved
where copy supplied is not clear and legible or in a format that the Company is able to take onward for production
or that does not meet the criteria for submission specified by the Company. All proofs for work to be completed
must be signed for by the Customer. All completed work must be signed for by the Customer. No liability shall
be incurred by the Company for any errors not corrected by the Customer on proofs submitted by the Company for
the Customer’s approval. The Customer must approve the proofs before the work is completed. Customer’s alterations
and additional proofs necessitated thereby shall be charged extra. When style, type or layout is at the Company’s
discretion, alterations made by the Customer shall be charged extra. Cancellation. In the event that you cancel
your order prior to production but after we have supplied you with a proof, you will then be charged for the
preparatory work that we have carried out.
- Refusal to accept Work:
- The Company may at any time notwithstanding prior acceptance of any order for Work, refuse to undertake or
complete all or any part of such Work, and shall be under no liability whatsoever to the Customer in
respect of such refusal, but the Customer shall be liable in respect of any partially completed Work
to pay the Company on a pro rata basis.
- No items shall be delivered to nor accepted by the Company other than the materials relating to the Work
including but not limited to documents, binders, papers, files, and packaging.
- Orders for Work placed on and accepted by the Company or documents delivered to the Company relating to Work
may not be withdrawn by the Customer save with the prior consent of the Company.
- The Company’s employees or agents are not authorised to make any representations concerning the Work undertaken
unless confirmed by the Company in writing.
- Returns Policy. All of our products are bespoke, and any items that are delivered as described and in good
condition may not be refunded. We reserve the right to charge for re-despatch of products returned in
error. We will not be held responsible for customer generated mistakes, errors or defects including spelling,
typographical or grammar errors; poor image quality derived from low resolution images, order quantity,
or other ordering errors.
- Damaged Goods. Damaged items will be exchanged free of charge. Any problems with any part of an order must
be reported to us within 24 hours of receipt
- Copyright Trademark Protection: The Customer shall be responsible for obtaining all necessary authority to reproduce
pictures, artwork, photographs etc. The Customer indemnifies, undertakes and warrants that all Work delivered
to the Company shall not infringe any copyright, trademark, registered design or other proprietorial right of
any third party and shall not constitute libel or otherwise render the Company open to legal action whatsoever
and the Customer shall indemnify the Company its servants and agents from and against all liabilities and claims
which the Company may incur as a result of undertaking Work and/or compliance with the instructions or requests
of the Customer.
- Delivery and Payment:
- Delivery of Work shall be accepted when tendered and thereupon or, earlier, on notification that the Work
has been completed, payment shall become due.
- On certain classes of Work, in particular work for clients without a credit account, the Company reserves
the right to insist upon payment being received prior to commencement of Work.
- The responsibility and cost for collection / delivery of goods lies with the Customer. Any carriage arranged
by the Company is on the Customer’s behalf and the Company is not liable for any delays arising out of
that carriage.
- Should expedited delivery be agreed extra charges may be made to cover any overtime or any other additional
costs involved but the Customer will be advised of such charges before they are incurred.
- Should Work be suspended at the request of, or be delayed through any default of, the Customer for a period
extending beyond 30 days the Company shall be entitled to payment for Work already carried out, materials
specially ordered and any other additional costs involved including storage.
- Where the Work is to be delivered in instalments, each delivery shall constitute a separate contract and
failure by the Company to deliver any one or more of the instalments shall not entitle the Customer to
treat the Contract as a whole as repudiated.
- The Company’s liability for failure to deliver the Work for any reason other than any cause beyond the Company’s
reasonable control or the Customer’s fault, shall be limited in any event to a sum not exceeding £100.
- Delivery. Delivery to any UK Mainland address will arrive by a third party courier between the hours of 9.00am
and 5.30pm. A signature will be required for all deliveries. Please note that Scottish Highland and Island
addresses may be charged extra and if so we will let you know the extra cost before we proceed with your
order. Once the goods are delivered, the risk of loss and damage is carried by the recipient.
- Interest: The Company shall at its discretion be entitled to charge interest at a rate up to 6% above Bank of England
base lending rate from time to time per annum on any account which remains unpaid after 30 days from the date
of the invoice. The Company shall be entitled to recover from the Customer all costs and disbursements incurred
by the Company in employing a solicitor, debt collector or other third party to enforce or collect payment of
any overdue account.
- Completion Dates: No completion dates are guaranteed, time not being of the essence. In the event of a Customer paying
an additional charge for an expedited completion date, and through no fault of the Customer such date is not
met the Company’s liability shall only extend to the refund of the additional charge for the expedited service.
- Variations in Quantity: Every endeavour will be made to deliver the correct quantity ordered, but production runs
are conditional upon margins of 5 percent.
- Claims: Any claims to the Company must be in writing within 7 days of delivery date or (where the defect or failure
was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
Any query regarding non‑delivery must be made within 14 days of the invoice date. In so far as permitted at law,
claims outside this limit will not be accepted.
- Liability: All representations, guarantees, undertakings, conditions and warranties (whether expressed or implied,
statutory or otherwise) are excluded from this contract. Except in respect of death or personal injury caused
by the Company’s negligence the Company shall not be under any liability for negligence or otherwise howsoever
caused in respect of any advice given to the Customer. Without prejudice to the foregoing, the Company’s liability
in respect of defective or faulty Work shall be limited to rectifying the defect or fault or replacing the Work
or crediting the invoice price of the goods at its option. The Company shall in no circumstances be liable for
any loss or damage in excess of the invoice price of any Work or any part thereof in respect to which a claim
is made.
- Standing Materials: Metal, film, glass, digital media and other materials owned by the Company and used by the Company
in the production of type, plates, moulds, stereotypes, film setting, negatives, positives, computer images and
the like shall remain the Company’s exclusive property. Such items when supplied by the Customer shall remain
the Customer’s property. Under normal circumstances the standing material, including the colour film, will be
retained on file for a period of two years after which time the Company reserves the right to dispose of it.
Duplicate copies can be supplied for an additional charge should the Customer request them within the 2 year
period. Notwithstanding the above type may be distributed, negatives destroyed, computer files erased and lithographic
photographic or other work effaced immediately after the order is executed unless written arrangements are made
to the contrary. In the latter event, rent may be charged.
- Customer’s Property: Title to the Work shall not pass to the Customer until the Company has received in cash or cleared
funds payment in full for the price of the Work. Customer’s property and all property supplied to the Company
by or on behalf of the Customer shall while it is in the possession of the Company or their agents or in transit
be deemed to be at the Customer’s risk, unless otherwise agreed and the Customer should insure accordingly. The
Company shall be entitled to make a reasonable charge for the storage of any Customer’s property left with the
Company before receipt of the order or after notification to the Customer of the completion of the work. Whilst
every care is taken the Company and its agents cannot accept any responsibility for loss or damage to artwork,
photography, transparencies, computer files, digital media or Customer’s property. Any liability shall be limited
to the replacement cost of the basic material.
- Materials Supplied by the Customer: The Company may reject any paper, plates, digital media or any other materials
supplied or specified by the Customer that appear to be unsuitable. Additional cost incurred if materials are
found to be unsuitable during production may be charged except that if the whole or any part of such additional
cost could have been avoided but for unreasonable delay by the Company. Where materials are so supplied, the
printer will take every care to secure the best results but responsibility will not be accepted for imperfect
Work caused by defects in or unsuitability of material supplied or specified. Quantities of materials supplied
shall be adequate to cover normal spoilage.
- Sub Contracting: The Company shall be at liberty to subcontract either in whole or in part to any person, firm or
company it shall think fit without notice to the Customer unless otherwise agreed in writing by the Company.
- Data Protection: Basic Customer information as well as files produced for a particular job will be stored for accounting
and production purposes. The Company shall remove these files at any time after full payment has been received
upon requests for removal, made in writing, by the Customer.
- Privacy Policy: We will not disclose buyers' information to third parties other than when order details are processed
as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other
third party. By ordering products from Whitehall Printing your contact details are automatically entered onto
our database. If you do not wish to be contacted by Whitehall Printing in the future, please notify us at any
time.
- Insolvency: If the Customer ceases to pay their debts in the ordinary course of business or cannot pay their 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, the
Company without prejudice to other remedies shall (i) have the right not to proceed further with the contract
or any other Work for the Customer, such charge to be an immediate debt due to the Company, 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 debts.
- Illegal Matter: The Company shall not be required to print or reproduce any matter which in its opinion is or maybe
of an illegal or libellous nature, or an infringement of the proprietary or other rights of any third party and
reserves the right not to print any matter which in its opinion may be prejudicial or detrimental to the good
of the Company’s business. The Company shall be indemnified by the Customer in respect of any claims, costs and
expenses arising out of any libellous matter and any infringement of copyright, patent, design or of any other
proprietary or personal rights contained in any material presented for the Customer. The indemnity shall extend
to any amounts paid for legal advice in settlement of any claim.
- Full Colour Printing: Every effort will be made to obtain the best colour reproduction but because of the process
involved, the Company cannot guarantee an exact colour or texture match between the Customer’s original colour
photography or transparency and the printed article. It is the Customer’s responsibility to ensure that the colour
images submitted are suitable for the Work in hand. The Company cannot accept liability for unsatisfactory results
caused by unsuitable or inferior colour images.
- Colour Matching: The Company will happily mix the Customer’s special colour requirements or order special colours
to be mixed by manufacturers if an ink sample is supplied but cannot guarantee to reproduce it exactly on additional
runs or repeat orders.
- Force Majeure: The Company shall be under no liability if it is unable to carry out any provision in the contract
for any reason beyond the Company’s reasonable control including (without limitation to the foregoing) Act of
God, legislation, war, fire, flood, drought, import, or export regulations or embargoes, failure of power supply,
lock‑out, strike or other action taken by employees in contemplation of furtherance of a dispute 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 the Company elect to terminate the contract and pay for work
done and materials used, but subject thereto shall otherwise accept delivery when available.
- Law: The construction, validity and performance of the Agreement shall be governed in all respects by English Law.
- Notice: Notices required or permitted to be given by either party to the other under these conditions shall be in
writing addressed to that other party at its registered office.
- Arbitration: Any dispute arising under or in connection with these conditions shall be referred to arbitration by
the single arbitrator appointed by agreement or (in default) nominated on the application of either party by
the National Council of The British Association for Print and Communication.
- Severance: If any provision of these conditions is held to be invalid or unenforceable in whole or in part the validity
of the other provisions of these conditions shall not be affected thereby.
Whitehall Printing Co (Avon) Ltd
Standard Terms and Condition of Contract