Standard Terms and Conditions of Contract for Printing

  1. Interpretation: In these Terms and Conditions “Work” means the goods and services (including any instalment of the goods or services or any parts for them) which Pafax Printwell (“the Company”) is to supply in accordance with these conditions.
  2. 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, which 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.
  3. Price and Order Variation:
    • Quotations are based on information supplied by the Customer and on the Company’s 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 the Company’s costs.
    • All prices quoted are ex works unless otherwise agreed in writing.
    • 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.
    • All prices quoted are only applicable on this website.
  4. 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, which 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 discretion, alterations made by the Customer shall be charged extra.
  5. 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, disks, 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.
  6. 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 proprietary 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.
  7. Deposit, Delivery and Payment:
    • (a) A non-refundable deposit of 50% shall be made on confirmation of order and shall be in part payment of the price.
    • (b) Delivery of Work shall be accepted when tendered and thereupon or, earlier, on notification that the Work has been completed the ownership shall pass and payment shall become due.
    • (c) On certain classes of Work, in particular Work overseas, the Company reserves the right to insist upon payment being received prior to commencement of Work.
    • (d) 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.
    • (e) 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.
    • (f) 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.
    • (g) 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.
    • (h) 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.
  8. 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 that 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.
  9. 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 liability shall only extend to the refund of the additional charge for the expedited service.
  10. Variations in Quantity: Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5% for Work in one colour only and 10% for other Work. If the quantity is more than 50,000 and there is an excess or shortage of more than 4% for Work in one colour or 8% for other Work, charges for the excess Work or shortage of Work are to be added or deducted respectively.
  11. 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 7 days of the invoice date. In so far as permitted at law, claims outside this limit will not be accepted.
  12. 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 ­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 discretion. 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 of which a claim is made.
  13. Suitability of Goods: 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, drug or other substance is not likely to be adversely affected by any material used by the Company in the manufacture or printing of such containers, wrappers or other articles. The Company 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 Company’s products 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 the Company.
  14. 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 one year, 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 one-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.
  15. 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 its 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.
  16. 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 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 Company 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.
  17. Subcontracting: 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.
  18. 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.
  19. Insolvency: If the Customer ceases to pay its or his debts in the ordinary course of business or cannot pay its or 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, 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 its 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.
  20. Illegal Matter: The Company shall not be required to print or reproduce any matter which in its opinion is or may be 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 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.
  21. Periodical publications: A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks’ notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks’ notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of Work on any one issue. Nevertheless the Company may terminate any such contract forthwith should any sum due under the contract remain unpaid.
  22. 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. Customers who require colour reproduction of a specific standard and who wish to check the colour reproduction prior to printing must order a colour 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. The Company cannot accept liability for unsatisfactory results caused by unsuitable or inferior colour images.
  23. 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. The Company will guarantee to match PMS colours.
  24. Machine readable codes:
    • In the case of machine readable codes or symbols the Company shall print the same as specified or approved by the Customer in accordance with generally accepted standards and procedures.
    • The Customer shall be responsible for satisfying itself/himself that the code or symbol will read correctly on the equipment likely to be used by those for whom the code or symbol is intended.
    • The Customer shall indemnify the Company ­against any claim by any party resulting from the code or symbol not reading or not reading correctly for any reason, except to the extent that such claim arises from any failure of the Company to comply with paragraph (a) above which is not attributable to error falling within the tolerances generally accepted in the trade in printing of this nature.
  25. 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, lockout, 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.
  26. Law: The construction, validity and performance of the Agreement shall be governed in all respects by English Law.
  27. Notice: Notices required or permitted to be given by either party to the other under these conditions shall be addressed in writing to that other party at its registered office.
  28. 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.
  29. 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.

Terms and Conditions for Stationery

  1. All orders for goods accepted by PAFAX PRINTWELL (“the Vendor”) are accepted subject to the following conditions which shall form part of and govern the contract of sale. Acceptance of goods shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a Purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the Vendor has authority to vary these conditions unless accepted in writing by a director of PAFAX PRINTWELL.
    • Payment and Price
    • The Vendor reserves the right to vary the quote price of the goods by upward additions in accordance with the market conditions at the date of actual supply and the Purchaser shall pay such additions in addition to the quoted price.
    • Price lists do not constitute an offer.
    • All invoices are due for payment within 30 days net from the date of purchase. Payment is to be made in pounds sterling.
    • All overdue accounts will be charged on a daily basis commercial interest at 5% above the base rate of the Bank of England.
    • Prices quoted are only applicable on this website.
  2. Delivery
    • Orders placed through this website will be dispatched by courier between 1 and 3 working days after placement of order (subject to stock availability). Items will be delivered to you from Monday to Friday between 8.00am and 6.00pm. Furniture orders carry a 7 to 10 day delivery time. Furniture items are delivered flat packed for self assembly. Some furniture can take longer to deliver; please phone for details.
    • If your item is not in stock, we will back order it for you. You will always be contacted with the option to cancel your order if you would rather not wait.
    • Deliveries are made by single-manned vehicles, to ground floor only unless otherwise agreed; assistance may be required for off-loading of furniture or any bulk items.
    • A delivery charge from £10 net (before VAT) will be made for delivery to UK Mainland only, unless authorised on account.
    • For orders to be delivered to Northern Ireland a delivery surcharge from £20.00 net (before VAT) will be added to the total payable.
  3. Shortages – All shortages need to be reported within 3 working days of delivery. Shortages cannot be rectified after this period.
  4. Returned and damaged goods
    • a) The Vendor will not accept goods for credit or rectification unless such return has been authorised by a director, and the goods are received by the Vendor in stock condition, with original packaging and software (if applicable). The Vendor reserves the right at its sole discretion either to rectify the goods or to issue a credit note in respect thereof. The Vendor reserves the right to charge a restocking fee on goods returned for credit that are not in stock condition.
    • b) The Purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the Purchaser to the Vendor for service or credit, which goods shall be at the risk of the Purchaser until actual receipt of the goods by the Vendor. The onus of proof of safe delivery shall rest with the Purchaser.
    • c) A restocking charge of 20% of the value of the goods or  £20 + VAT, whichever is the greater, will be applicable if no fault is found. Any downward variation of this restocking charge shall be at the sole discretion of the Vendor.
    • d) If a credit is to be given, the original carriage charge will not be refunded or credited.
    • e) Unwanted goods cannot be returned after 14 days.
  5. Claims
    • a) No liability for any claim for damage or non-functionality shall be accepted unless the Purchaser notifies the Vendor in writing or by telephone within 48 hours of delivery. This period may be extended at the sole discretion of the Vendor where the manufacturer’s replacement policy extends the deadline.
    • b) No liability for any claim for missing items such as manuals shall be accepted unless the Purchaser notifies the Vendor in writing within 7 days of delivery.
    • c) No liability for any claim from the Purchaser will be accepted in the case of goods differing in quantity or descriptions given on the delivery note unless the Vendor is notified in writing by the Purchaser within 7 days of delivery.
    • d) The onus is on the Purchaser to prove any shortage.
    • e) In the case of active third party on-site maintenance contracts, the Purchaser accepts an obligation to use the services of the contracted third party to resolve claims under clause 5(a).
    • f) In the case of manufacturers who operate direct product support and returns procedures, the Purchaser accepts an obligation to process their claim directly through the manufacturer.
  6. Guarantee – All products are covered by the manufacturer’s guarantee.
  7. Prices
    • Prices quoted are based on the current costs of production and at any time before delivery of the goods by the Vendor and the Vendor shall be entitled to vary the price of any goods previously ordered by the customer in order to take all or any of the following factors into account:
    • Any change in exchange rates.
      • Any increase in the cost of production and/or delivery.
      • Any change in the rate of Value Added Tax or other similar tax or any levy chargeable.
  8. Orders
    • Orders for the supply of goods shall be made using the interface provided by the Vendor within this website.
    • Any special item ordered by a customer will be non-returnable.
    • The prices given in any quotation by the Vendor are for the quantities expressed in conjunction with them. Any variation in quantity shall entitle the Vendor to vary the price of the goods.
    • If the customer shall fail to give such notice, the goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly and any claim against the Vendor will be rendered void.
  9. Credit card security –All credit card numbers are encrypted in the software when the order is placed using 128-bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any website.
  10. Disclaimer

In an effort to provide our customers with the most current information, price and availability information is subject to change without notice. Save in respect of your statutory rights under the Sale of Goods Act 1979, Supply of Goods and Services Act 1982 and Sale and Supply of Goods Act 1994 (as amended) and the Unfair Contracts Terms Act 1977 and save in respect our guarantee, we shall not be liable to you by any reason of any implied warranty, condition or other term, or any duty at common law, or under these terms of our contract with you, for any indirect, special or consequential damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence) which arise out of or in connection with the supply of the goods or their use by you.