Terms & Conditions

For the purpose of these conditions “Customer” shall refer to the customer or his agent, whichever is the principal, and Caboodle Design, Print & Marketing Solutions or any of its associated trading names shall be referred to as the “Company”. These conditions shall apply to all transactions. No contract shall be made unless the Company has accepted an order placed by the Customer. Any other conditions proposed by the Customer shall be void unless agreed in writing by the Company.

PRICE VARIATION. Quotations are based on the current cost of production, including materials, and unless otherwise agreed in writing are subject to amendment on or at any time after acceptance to meet any such rise or fall in such costs.

VALUE ADDED TAX. The Company reserves the right to charge the amount of any Value Added Tax payable whether or not included on the quotation or invoice.

PRELIMINARY WORK. All work carried out at the Customers request whether experimental or otherwise shall be charged accordingly.

COPY. A charge may be made to cover any additional work involved where copy is not clear and legible.

PROOFS. Proofs for all work may be submitted for the Customers approval and the Company accepts no responsibility for any errors contained therein not corrected by the Customer. Author’s corrections, including alterations in style and the additional costs necessitated by such corrections, shall be charged extra. When style, type or layout is left to the Company’s judgement, changes there from made by the Customer, shall be charged extra. Where proofs have not been supplied by the Customer and the Customer is unable to meet the cost of supplying such proofs, the Company accepts no responsibility or liability whatsoever, for errors in colour or content howsoever caused.

COPYRIGHT Where artwork has been designed for you by the Company, in most cases all images used on that artwork have been purchased by the Company on the Customers behalf. When the Company purchases an image they obtain a user license for that photograph; this license limits the use of the image. In particular, this license prohibits a person to use the image in a violent, pornographic, racist context or using the images in a way where the people portrayed in the images are discredited. Images cannot be used for any other purpose than for which they are purchased. The Company will not be held responsible for any copyright infringements where images we have purchased have been used on website’s and/or any other printed matter not produced by the Company.
The Company will not be held responsible for any images which have been provided to us by the customer or a third party acting on the customers instruction which are an infringement of copyright law.
DELIVERY. (a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed and payment shall become due. Title of goods shall not pass to the Customer unless the Company has been paid in full, and the Company reserves the right to invoke retention of title over said goods until such time payment has been fully satisfied.(b) Unless otherwise stated the price quoted is for completed work. A charge may be made to cover any extra costs incurred for delivery.(c) Should expedited delivery be agreed, the Customer may be charged for any overtime or additional costs involved.

PAYMENT. (a) If the Customer does not hold an approved credit account with the Company then payment for all work is strictly on a pro-forma or a cash on delivery basis. If you are paying by cash or cheque you can pay the driver or representative who delivers your goods. If your are paying by credit or debit card a member of our accounts department will contact you to arrange pre-payment. A deposit of 30% or a minimum of £50.00 (whichever is greater) must be paid before work commences on any order placed.(b) Credit accounts are strictly nett and payment must be made within thirty days from the date of invoice, except in circumstances where prior agreement has been made in writing between both parties. In the case of additional resource requirements, which will be invoiced forthwith and separate from any main contract which may be ongoing, in these circumstances, payments must be made within seven days from the date of invoice. Interest may be charged at 2.5% above the base rate per calendar month on outstanding balances.(c) The existence of a dispute, query or complaint on any individual item in a credit account may not affect the date of payment of the balance of the account.(d) The time of the payment shall be of the essence and failure to make payment by the due date or any other breach of contract by the customer or if in the Company’s opinion the financial position of the Customer shall not at any time be to the producer’s satisfaction, then the Company reserves the right to terminate the contract (but without prejudice to it’s rights in respect of any antecedent breach of contract by the Customer) or suspend the contract until such time the Company is satisfied as foresaid.(e) If the Customer shall fail in accordance with term (b) above then all sums owing to the Company shall become immediately due and payable.(f) Should work be suspended or subsequently withdrawn for any reason whatsoever at the request of or delayed through any fault of the Customer for a period of thirty days, the Company shall then be entitled to payment for the work carried out, whether complete or not, for materials specially ordered and any other additional costs including storage.(g) Disputes, queries or complaints will not be accepted unless received in writing by the Company no later than ten days after the date of invoice.

VARIATIONS IN QUANTITY. Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for one colour work and 10% for other work being allowed for overs or shortage, (10 per cent and 10 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.

CLAIMS. Advice of damage, delay or partial loss of goods or of non delivery must be given in writing to the Company and the carrier within three days of delivery (or in the case of non delivery, within twenty eight days of despatch of the goods) and any claim in respect thereof must be made in writing to the Company and the carrier within seven days of delivery (or in the case of non delivery, within forty two days of despatch). All other claims must be made in writing to the Company within twenty eight days of delivery. The Company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim was made as soon as was reasonably possible.

LIABILITY. (a) The Company shall not be liable for any indirect loss or third party claims whatsoever occasioned by delay in completing the work or any cost to the Customer arising from delay in transit.(b) Where work is defective for any reason, including negligence, the Company’s liability (if any) shall be limited to rectifying such a defect.

INSOLVENCY. If the Customer ceases to pay his debts 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 it’s debts or has a winding up petition issued against it, or being a person commits an act of bankruptcy or has a petition of bankruptcy issued against him, the Company without prejudice to other remedies shall (i) have the right to not proceed with the contract or any other 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 become an immediate debt 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 fourteen days notice to dispose of such goods or property in such a manner and at such a price as he thinks fit and to apply the proceeds towards such debts.

ILLEGAL MATTER. (a) The Company shall not be required to produce any matter which in it’s opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.(b) The Company shall be indemnified by the Customer in respect of any claims, costs or expenses arising out of any libellous nature or infringement of copyright, patent, design or any other proprietary or personal rights contained in any material produced for the Customer. The indemnity shall extend to any amounts paid on a lawyers advice on settlement of any claim.

PERIODICAL PUBLICATIONS. A contract for the printing of a periodical publication may not be terminated by either party unless thirteen weeks notice is given in writing in the case of periodicals published monthly or more frequently or twenty six weeks notice is given in writing in the case of other periodicals. Termination of contract can only be achieved with mutual agreement outside these terms. Nevertheless, the Company reserves the right to terminate any such contract forthwith should any sum thereunder remain unpaid.

FORCE MAJEURE. The Company shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power, lock out, strike, or any other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for 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 any work done and materials used and purchased, but subject thereto shall otherwise accept delivery when is available.

LAW. These conditions and all other express terms of the contract shall be governed and construed in accordance with the Law of England and the Customer agrees to hereby submit the exclusive jurisdiction of the English courts.

MAGAZINES. The Customer will undertake to give notice of thirteen weeks, if any monthly, BI-monthly or quarterly title is to be removed for whatever reason. In respect of weekly and BI-weekly titles this shall be increased to twenty six weeks notice period. Failure to comply for whatever reason will incur loss of profit invoices being issued for the full period of notice.

CONSEQUENTIAL LOSS. The Company carries out work on the sole understanding, that it shall not, under any circumstance whatsoever, be held liable for any consequential loss claims, however arising.

OUTSIDE SUPPLIERS AND CONTRACTORS. The Company accepts no responsibility whatsoever for delays or losses incurred by the Customer as a result of non performance of outside contractors and suppliers, in particular Mailing Houses, Binders, Couriers, Laminators and UV Coaters and Die Cutters.

REFUND POLICY. If on receipt of your print consignment you are anything less than delighted with the finished work please advise us straightaway. Your issue will be investigated urgently and quickly resolved.Where the problem is clearly something that can be attributed to the Company we will immediately re-print the job, send out replacement printing, and recover the defective batch. In the event that re-printing is not an option we will instead either recover the defective work and credit you in full or, where appropriate, negotiate a partial credit to compensate for less than perfect but useable goods.Where the cause of the problem cannot solely be attributed to the Company we will seek to find a compromise remedy with you, either crediting the job in part or re-printing at a reduced cost. Where the problem can be fully attributed to you, the Company shall not accept liability in any part. In the unlikely event that a satisfactory resolution cannot be found between us, the Company will accept the resolution recommended by a third party arbiter. The arbiter being an independent person/company that both parties agree on.