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TERMS AND CONDITIONS
HCL MEDIA TERMS AND CONDITIONS
1. HCL MEDIA is the trading name of HIMSPIRATION CONCEPTS LTD. Goods means the articles or things described in the Contract between HCL MEDIA and the Purchaser.
2. These conditions shall be deemed to be incorporated in all Contracts of HCL MEDIA to sell goods and in the case of any inconsistency with any order or form of contract sent by the Purchaser to HCL MEDIA whatever may be their respective dates the provision of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of HCL MEDIA.
3. Notwithstanding that HCL MEDIA may have given a detailed quotation no order shall be binding on HCL MEDIA unless and until it has been accepted in writing by HCL MEDIA.
4. Any times or dates given for completion or delivery of goods shall be binding on HCL MEDIA, insofar as HCL MEDIA undertake to carry out additional work for the Purchaser to double the value of the print element of any goods not supplied on time. Such liability shall not extend to delays beyond the control of HCL MEDIA including, without prejudice to the generality of the foregoing defects in files or omissions of information, delays in approval of proofs, the non-performance of carriers, slow drying of paper and card stock, exceptional weather events and other force majeure.
5. By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
6. a) All goods shall be paid for at the time of order. b) No goods shall be despatched or collection allowed until paid for in full. c) All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
7. a) Any shortcomings or defects in goods supplied must be notified to HCL MEDIA within 3 days of delivery. Such goods must be returned to HCL MEDIA for inspection. b) Nothing herein shall impose any liability upon HCL MEDIA in respect of any defect in the goods arising out of the acts, omissions, negligence or default of the Purchaser, its servants or agents including without prejudice to the generality of the foregoing, handling and storage of the good, errors in the original files. c) Nothing herein shall have the effect of excluding or restricting the liability of HCL MEDIA: i.) For death or personal injury resulting from its negligence insofar as the same is prohibited by U.K. statute, or; ii.) Under sections 12,13,14 and 15 of the Sale of Goods Act 1979 to a Purchaser who is dealing with a customer (as defined by section 12 of the Unfair Contract Terms Act 1977).
8. HCL MEDIA shall not be liable for any costs, claims or damage arising out of any act of tort or omission or breach of contract or statutory duty calculated by reference to profits, income production or accruals or loss of such profits, income production or accruals or by reference to accrual of such, claim, damages or expenses on a time basis.
9. The liability of HCL MEDIA to the Purchaser for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances exceed the price of the goods. HCL MEDIA work hard to ensure the printing we supply is perfect. In the unlikely event of work being unacceptable due to a shortcoming at HCL MEDIA then we will urgently reprint or otherwise make the job good. HCL MEDIA will not reprint & credit the same job.
10. If the Purchaser shall be in breach of any of their obligations under the Contract HCL MEDIA may (without prejudice to HCL MEDIA's rights subsequently to determine the contract for the same cause(should it so decide) suspend further deliveries of goods without notice until any defaults by the Purchaser are remedied.
11. No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of HCL MEDIA shall be construed to enlarge, vary or override in any way these conditions.
12. Any concessions made or latitude allowed by HCL MEDIA to the Purchaser shall not affect the strict rights of HCL MEDIA under the contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract the other conditions shall continue in full force and effect.
13. Upon sight of artwork and at its sole discretion HCL MEDIA reserve the right to decline to print any item it deems to be inappropriate. Any payments made for work rejected by reason of this clause will be refunded in full.
14. In accordance with the HCL MEDIA stated "Green Policy" jobs will always be printed with minimal overs. On occasions this may lead to a shortfall. Any such shortfall up to 10% will be remedied by a pro-rata credit against future orders rather than making up the deficit.
15. The Contract shall in all respects be governed by English law and shall be deemed to have been made in England and the Purchaser and HCL MEDIA agree to submit to nonexclusive jurisdiction of the English courts.
16. Any print promotion offered by HCL MEDIA applies to our standard product range only and not to bespoke product requests or orders.
17. HCL MEDIA cannot take responsibility for damaged goods or short deliveries on consignments (missing boxes) which have been accepted and signed for as being complete or in good condition on delivery.
HCL MEDIA TERMS AND CONDITIONS
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