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TERMS & CONDITIONS:
- thecutoutpeople.co.uk is a trading name of Magenta Marketing Services Limited (MMS).
Goods means the articles or things described in the Contract between and the Purchaser.
- These conditions shall be deemed to be incorporated in all Contracts of MMS to sell goods and in the case of any inconsistency with any order or form of contract sent by the Purchaser to MMS 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 MMS.
- Notwithstanding that MMS may have given a detailed quotation no order shall be binding on MMS unless and until it has been accepted in writing by MMS.
- Any times or dates given for completion or delivery of goods shall be binding on MMS, insofar as MMS undertake to carry out additional work for the Purchaser to the value of the print element of any goods not supplied on time. Such liability shall not extend to delays beyond the control of MMS 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.
- By their nature goods do not have a redeemable value and no refunds or credits for goods correctly supplied will be entertained.
- 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 inclusive of Value Added Tax and prices may vary to reflect any change in the rate at which VAT is levied.
- a) Any shortcomings or defects in goods supplied must be notified to MMS within 3 days of delivery. Such goods must be returned to MMS for inspection.
b) Nothing herein shall impose any liability upon MMS 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 MMS:
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).
- MMS 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.
- The liability of MMS 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.
MMS work hard to ensure the printing we supply is perfect. In the unlikely event of work being unacceptable due to a shortcoming at MMS then we will urgently reprint or otherwise make the job good. MMS will not reprint & credit the same job.
- If the Purchaser shall be in breach of any of their obligations under the Contract MMS may (without prejudice to MMS’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.
- 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 MMS shall be construed to enlarge, vary or override in any way these conditions.
- Any concessions made or latitude allowed by MMS to the Purchaser shall not affect the strict rights of MMS 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.
- Upon sight of artwork and at its sole discretion MMS 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.
- In accordance with the MMS 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.
- 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 MMS agree to submit to nonexclusive jurisdiction of the English courts.
- Any print promotion offered by MMS applies to our standard product range only and not to bespoke product requests or orders.
- MMS 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.