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Flyerzone is owned and operated by Printing.com Europe Limited a company registered in England and Wales (registered number 02728004) whose registered office address is at Third Avenue, The Village, Trafford Park, Manchester M17 1FG ("Flyerzone"). VAT Registration No. GB764 5390 08. The particulars of ownership can be found via the Flyerzone website at: www.flyerzone.co.uk (the "Website").
Price estimates are based on Flyerzone's current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
Flyerzone reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.
All work carried out, whether experimentally or otherwise, at customer's request shall be chargeable.
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, Flyerzone shall be entitled to make additional charges on a time and materials basis to cover such additional work.
Proofs of all work may be submitted for customer's approval and Flyerzone shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Flyerzone's discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
Unless otherwise specifically requested in writing any work may carry the Flyerzone imprint which will be positioned at Flyerzone's discretion. This will be made clear on any proof, prior to approval.
Turnaround is measured in Working Days, defined as days on which the clearing banks in the City of London are open for normal business. For orders made on a Guaranteed Turnaround service (being orders guaranteed to be ready within a certain period (the "Guaranteed Period")), delivery (as more particularly described in paragraph 9(b) below) will be made no later than 10pm on the last Working Day of the Guaranteed Period. Should Flyerzone fail to deliver within the Guaranteed Period (see also paragraph 10 Variations in quantity), a service "credit" will be awarded up to the value of the order in question (redeemable against future orders within 6 months of issue of the Credit in question) (the "Credit"). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service ("the Premium Charges"). Where the late delivery is as the result of the action or inaction of a third party, such as a carrier, Flyerzone, at their absolute discretion, may elect to extend the Turnaround by one Working Day and the customer shall not be awarded a Credit during this time.
In addition:
Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and that Flyerzone shall have no liability in respect of such variations. For other variations Flyerzone's entire liability will be to award a Credit. The table below sets out the circumstances under which a Credit will be awarded:
| Quantities | No Credit awarded | Pro Rata Credit awarded | 1.5x Pro Rata Credit awarded |
|---|---|---|---|
| up to 1,000 | Shortage up to 10% | 10% to 20% | 21% to 25%* |
| up to 5,000 | Shortage up to 7% | 8% to 15% | 16% to 23%* |
| up to 20,000 | Shortage up to 5% | 6% to 12% | 13% to 21%* |
| above 20,000 | Shortage up to 4% | 5% to 10% | 11% to 20%* |
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Flyerzone and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Flyerzone and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to Flyerzone within 28 days of delivery. Flyerzone shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Flyerzone gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer's order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Flyerzone shall not be liable for any loss arising from delay in transit not caused by Flyerzone. Further, Flyerzone shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of Flyerzone in respect of any and all causes of action arising out of or in connection with the customer's order and Flyerzone's performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited to the sums paid to Flyerzone by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), Flyerzone reserves the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its 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 it, Flyerzone 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 immediate debt due to Flyerzone, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in Flyerzone's 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 Flyerzone thinks fit and to apply the proceeds towards such debts.
Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above 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. Without prejudice to the foregoing, Flyerzone may terminate any such contract forthwith should any sum due thereunder remain unpaid for a period of 7 or more days from its due date.
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer's work but variation is inherent in the print process and it is understood and accepted as reasonable that, Flyerzone shall not be required to guarantee an exact match in colour or texture between the customer's photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Flyerzone or other party) or any other materials supplied by the customer and the printed article the subject of the customer's order.
Furthermore the customer acknowledges and accepts that visual representations displayed on computer screens vary significantly and Flyerzone cannot guarantee that the colours of completed work will match those displayed on your computer screen during the ordering process.
By placing an order with Flyerzone, the customer consents to its details being passed on to Flyerzone for accounting and marketing purposes. The details will be kept by Flyerzone even after the customer's trading relationship with Flyerzone has terminated. Flyerzone may use the customer's personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that Flyerzone consider may be of interest to customers. You may opt out at any time by Contacting Us.
Flyerzone shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power 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 Flyerzone elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with English law. English Courts shall have jurisdiction in relation to any matters arising in connection with any contract between Flyerzone and the customer into which these terms are incorporated.
