In all respects the terms and conditions of Formara Limited apply to all business undertaken.
In these conditions “work” means the goods and services (including any instalment of the goods or services or any parts for them) which Formara Limited is to supply in accordance with these conditions.
All quotations are made and all orders for goods and services issued by Formara Limited 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 Formara Limited and signed by an authorised Director on behalf of Formara Limited.
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 Formara Limited 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 Formara Limited is able to take onward for .production or that does not meet the criteria for submission specified by Formara Limited. 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 Formara Limited for any errors not corrected by the Customer on proofs submitted by Formara Limited for the Customer’s approval. The Customer must approve the proofs before the work is commenced. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is at the discretion of Formara Limited, alterations made by the Customer shall be charged extra.
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 Formara Limited shall not infringe any copyright, trademark, registered design or other proprietorial right of any third party and shall not constitute libel or otherwise render Formara Limited open to legal action whatsoever and the Customer shall indemnify Formara Limited its servants and agents from and against all liabilities and claims which Formara Limited may incur as a result of undertaking Work and/or compliance with the instructions or requests of the Customer.
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 liability of Formara Limited shall only extend to the refund of the additional charge for the expedited service.
Unless otherwise agreed in writing by Formara, every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 10 percent for work (5 percent for quantities exceeding 10,000) and where the work has an excess or shortage the excess work or shortage of work is to be charged or deducted respectively.
Any claims to Formara Limited 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.
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 Formara Limited 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 liability of Formara Limited 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. Formara Limited 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.
Where the goods consist of container, wrappers or other articles intended for use in connection with any food, drug or other substance, the Customer shall satisfy himself that such food, articles or other substances is not likely to be adversely affected by any material used by Formara Limited in the manufacture or printing of such containers, wrappers or other articles. Formara Limited shall not be liable to the Customer or any third party in respect of any claims alleging that such food, drug or substance has been adversely affected. The suitability of the products of Formara Limited for use in the packaging of any particular commodity must be at the Customer’s risk unless expressly stated in writing or implied that the goods supplied will be suitable for any particular purpose for use under specific conditions notwithstanding that any purpose or conditions intended by the Customer may be known or be made known to Formara Limited.
Formara Limited 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 Formara Limited.
Basic Customer information as well as files produced for a particular job will be stored for accounting and production purposes. Formara Limited shall remove these files at any time after full payment has been received upon requests for removal, made in writing, by the Customer provided such information is not required to be retained for legal or accounting reasons.
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, Formara Limited 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 Formara Limited, 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.
Formara Limited 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 business of Formara Limited. Formara Limited 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.
Every effort will be made to obtain the best colour reproduction but because of the process involved, Formara Limited cannot guarantee an exact colour or texture match between the Customer’s original colour photography or transparency or electronic file and the printed article. Customers who require colour reproduction of a specific standard and who wish to check the colour reproduction prior to printing must order a colour machine proof, in writing, when placing the order. An additional charge will be made for this. It is the Customer’s responsibility to ensure that the colour images submitted are suitable for the work in hand. Formara Limited cannot accept liability for unsatisfactory results caused by unsuitable or inferior colour images.
Formara Limited 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. For this reason the selection of a Pantone colour is always recommended in order to ensure the best chance of accurate colour matching. If colour matching is of particular importance to the Customer then the Customer must order a machine proof the cost of which will be quoted at the time of the request.
Formara Limited 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 Formara Limited elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
The construction, validity and performance of the Agreement shall be governed in all respects by English Law.
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.
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.
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.
Our Terms for Payment are 30 days from date of Invoice except for postage which is 7 days after receipt of invoice or unless specifically agreed otherwise in writing by a Director of Formara Limited.
If an invoice becomes overdue by 30 days or more we may levy an Administration Charge of £10.00 against that invoice to cover our internal administration costs in collecting payment.
If the invoice remains outstanding at the end of the overdue month we may pass it to our Agents, who will add their charges to the account for collection. In such a case all outstanding invoices will fall due and payable immediately.
Please note that we reserve the right to charge interest on overdue amounts and to pass on the cost of collection in accordance with our terms and conditions and in accordance with EC Directive 2000/35/EC.
2016 Formara Print+