Proactivprinting.co.uk is a trading name of ProActiv Cards Ltd. Registered Office : ProActiv House, Park Street, Wombwell, South Yorkshire, S73 0HF, Company reg. no. 7907945. Proactivprinting.co.uk shall be referred from now on for the purpose of these terms and conditions as ‘Proactiv Ltd.’.
Acceptance of orders – a)Proactiv Ltd. contracts for the supply of goods and/or services only subject to these terms and conditions and all terms and conditions in the customer’s order or enquiries inconsistent therewith shall be of no effect.
b) The terms and conditions herein shall constitute the entire agreement between Proactiv Ltd. and any modification to these conditions will be binding only if it is evidenced in writing signed by a director of the company and such evidence contains specific reference to those conditions being modified.
c) Acceptance of the customers order takes place when an order confirmation – website order/email/fax/written/verbally is despatched/conveyed to the customer, or preliminary work is undertaken on the customers instructions. All turnaround times and delivery dates are estimated and cannot be guaranteed due to the nature of manufacturing (i.e. machine failure, staff sickness etc.) and cannot be therefore held liable for any delay in meeting the agreed delivery schedule, out of pocket expenses or any other claim.
d) We reserve the right to decline any order without giving any reason.
Currency – Payment for accepted orders must be in the currency agreed on the order confirmation or other written communication sent to the customer from ourselves detailing the order – fax/written/email. Without this written notification pounds sterling must be assumed.
Disclaimer – Proactiv Ltd. disclaims to the maximum extent permitted by law all representations, warranties (express or implied) regarding products, services, quantities, pricing, graphics, software, information, published on our web site, in our buying guides or in any other form or location. Data is constantly updated and therefore is not necessarily accurate, current or complete. Provision of the products, services, software, information is on an “as is” basis. In particular Proactiv Ltd. disclaims without limitation, warranties of merchantability, fitness for purpose or non infringement.
Tax – Value added tax will be charged, if applicable, at the rate ruling on the date of supply whether or not included on the quote, order, invoice.
Preliminary work – All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.
Supply of design data – A charge may be made to cover any additional work involved where the design data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results. Where design data is so supplied or specified, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification. This includes any incompatibility or defects caused by differing software versions/ conflicting operating systems. All compatibility issues should be addressed by the customer to CYMK Ltd. before proceeding with the order.
Any issues not addressed by the customer will not be the responsibility of Proactiv Ltd. should the final order not meet the customers satisfaction. Where we are aware defects in the data are so severe and cannot be remedied we will halt further processing awaiting your instructions. The work to this point will be chargeable (i.e. if design is approved but the final product is refused for any reason, the design is deemed still chargeable)
Proofs – When placing an order with Proactiv Ltd., you are agreeing that you have read and understood the ‘How to supply Artwork’ page on our website .If you upload a file to our website, you are shown a proof of your final printed product at the final upload stage, you have the option here to either approve your proof or click the button ‘i am struggling….’ if you approve the proof we will print your file as the proof is displayed on screen(please note: your monitor or viewing device will display your proof in RGB, your final printed product is printed in CMYK which will differ slightly to the RGB screen proof). If you click the ‘i am struggling….’ button we will edit your file by adding a small white border to your image if your file has no bleed, resize / stretch it to fit on the product size you have ordered and convert any colours to cmyk.
Archived Designs – Due to the volume of files processed by Proactiv Ltd, we do not store any files uploaded/ provided to us longer than 5 working days. We make no guarantee that such files will be available for retrieval at any time.
Copyright – Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belongs to Proactiv Ltd., except where the whole printed product design is uploaded, transferred to us by the customer or designed by the customer. The customer shall be responsible for all the design data they supply. He/she should obtain the necessary authority to reproduce picture, artwork, photographs, logos etc. The customer will indemnify us and our agents from any claim arising thereof.
Delivery and payment – Should we fail to despatch within the agreed schedule, It is up to the discretion of Proactiv Ltd. as to whether it sees fit to issue compensation in the way of increasing the order quantity at no extra charge or issuing any amount of refund. Proactiv Ltd. uses a third party for all delivery services, and as such cannot be held directly responsible for any damages during transit, delay in meeting the agreed delivery schedule, or loss of order. In such an event, Proactiv Ltd. will not be held liable for any
damages or costs incurred, but will pass the details of the third party courier used onto the customer, so that the customer can then pursue the matter.
(a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
(b) Should expedited delivery be agreed, extra may be charged to cover any overtime or any other additional costs involved.
(c) Should work be suspended at the request of or delayed through any default of the customer for a period of 14 days we shall then be entitled to payment for work already carried out, materials specially ordered and any other additional costs including storage.
(d) Please only sign for the delivery of your order if it is complete and in good condition,
as you are signing in aceptance of the above. Any shortages, damage or claims cannot be made after this time.
Variations in quantity – Every endeavour will be made to provide the correct quantity ordered, but estimates are conditional upon margins for 5 per cent for work in black only and 10 per cent for other work being allowed for overs or shortage.
Variations in quality – Paper substrates can change shade, thickness and quality slightly from batch to batch due to the production process. Proactiv Ltd. cannot be held responsible for such variations.
Claims or Complaints – Advice of damage, misprints, quality disputes, delay or partial loss of goods in transit or of nondelivery must be given in writing to us and the carrier within three working days of delivery ( or in the case of non-delivery within 7 days of despatch of the goods ). All other claims must be made in writing to us within 7 days of delivery. Any claims made outside of this timeframe can no longer be entertained.
Cancellations – Due to the manufacturing process of our print, orders cannot be cancelled once processed as a print slot is allocated on a larger printed sheet with several other orders – so even if a file is not supplied, the print run still has to go ahead. If you havent supplied a file for print, your ‘allocated slot’ will still be printed but appear blank (as a bespoke manufactured product, the distance selling act does not apply).
Abusive language – A certain level of civility is expected during every telephone communication with CMYK and as such any Racism, Insults, Swearing or Abusive language will not be tolerated and will result in the termination of any communication and cancellation of any outstanding orders – subject to our cancellation fee as detailed above.
Limitation of Liability – a) The sole liability of Proactiv Ltd. in respect of any defect in, or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to i) making good by replacement or ii) repairing defects or failures which under proper use appear therein. b) Without prejudice to the foregoing, Proactiv Ltd. shall in no circumstances be liable – i) for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer. ii) for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the customer arising from delay in transit of their goods.
Customer’s property – (a) Except in the case of a customer who is not contracting in the course of a business or holding himself out as doing so, customer’s property and all property supplied to us by or on behalf of the customer shall while it is in our possession or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should arrange insurance accordingly.
(b) We shall be entitled to make a reasonable charge for the storage of any customer’s property left with us before receipt of the order or after notification to the customer of completion of the work.
Materials/data supplied by the customer – (a) We may reject any paper, plates, data, media or other materials supplied or specified by the customer which appear to us to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged.
(b)Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c)Supplying files of imperfect quality (such as images/text with an original resolution of less than 300dpi) will be printed by Proactiv Ltd on the basis of ‘if it is legible, it is deemed printable’ and fit for purpose. Proactiv Ltd will not be held responsible for the customer’s image quality and will not comment on resolution/quality. Should the resolution be so bad that it is not legible, the customer will be informed and the order possibly delayed.
(d)Due to the manufacturing process, any files provided without adequate bleed may end up with thin white slithers once cut to size for which Proactiv Ltd cannot be held responsible.
(e) Quantities of materials supplied shall be adequate to cover normal spoilage.#
Inappropriate subject matter supplied by the customer
When a file is uploaded to our automated workflow all material is uploaded at your own risk.
We assume you have permission to upload such files and that they do not contain abusive or offensive language, content or images. The customer must take full responsibility for all files uploaded and their content and absolve us from all liability for any uploaded material that may come across as offensive in anyway.
Credit terms – For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the HSBC Bank base rate at the time and an administration fee to cover the debt recovery costs.
Overdue Payments – If payment is not received within the agreed terms, Proactiv Ltd. will instruct their solicitors to recover the amount due. The solicitors costs plus a £50.00 admin charge will be added to the amount due along with any interest accrued as in section (c)
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 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, we without prejudice to other remedies shall (I) have the right not to proceed further 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 be an immediatem debt due to us, and (ii) in respect of all unpaid debts due from the customer we have a general lien on all goods and property of his in our 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 we think fit and to apply the proceeds towards such debts.
Illegal matter – (a)We shall not be required to print or design any matter which in our opinion is or may be of an illegal or libellous nature or any infringement of the proprietary or other rights of any third party.
(b)We shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libellous matter, overprinting, finishing or modification to print supplied, or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
Printing – Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, we shall not be required to guarantee an exact colour consistency throughout a quantity or an exact match in colour or texture between the customer’s file provided, monitor display – local or over the internet, colour proof and the printed article. Final printed materials can vary between Litho and Digital printing processes and as such cannot be matched between them.
Force majeure – We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power of supply, lock-out, strike or other action taken by employees in contemplation or 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 us elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.