DEFINITIONS:
In these Terms & Conditions the term 'customer' means any person, firm or company who has made an application for us to set artwork or to print artwork either created by the customer or in our studio. The term 'printer' means any reference to Bananas Print Management or our holding company Colwells Enterprises Ltd, PO Box 111, Station Road, Biggleswade, Beds SG18 8WR
Copyright
The customer is legally responsible for obtaining all necessary authorities/consents to reproduce all printed material including but not limited too; pictures, artwork, photographs, copyright text, fonts and/or any other reproducible materials (“Materials”) prior to instructing Bananas Print Management to reproduce said content. The customer shall indemnify and hold Bananas Print Management and their agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by Bananas Print infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
Artwork and Proofs
Artwork and or Proofs may be submitted for customer’s approval by Bananas Print Management. Bananas Print Management accepts no liability for any errors not corrected by the customer prior to production. Additional charges shall be made for any additional alterations of artwork. The provision relating to proofs applies to all types of proof provided to enable the customer to approve the content prior to printing.
Turnaround and delivery.
Bananas Print Management will endeavour to delivery on time and within the timeframe confirmed at the time of placing any print order. Bananas Print Management cannot be held liable for any delays in either the despatch of goods or the receipt of such goods as a result of an action or deed outside the direct control of Bananas Print Management. In the event of a delayed delivery Bananas Print Management will take all necessary and deemed reasonable actions to assist with any such incident. Risk of loss or of damage to work completed by Bananas Print Management shall pass to the customer on delivery. Bananas Print Management are not responsible for any items damaged in transit.
Payment
The title and ownership of any printed items shall not pass to the customer until full payment has been received in respect of goods and services provided.
For credit terms exceed or payments of invoices not settled within the agreed terms, Bananas Print Management reserves the right to levy an administration fee to cover debt recovery action. A discretionary interest charge may also be levied.
Variation of quantities.
The printer will endeavour to deliver the correct quantity ordered online. It is however inherent in the print process that quantities can sometimes vary. It is understood and accepted as reasonable that minor variations are immaterial and acceptable up to 4% and that the printer shall have no liability in respect of such variations. In the unlikely situation that the shortages are above 4% we will re-print the entire shortage quantity of the relevant item, any such item will be delivered within a reasonable period. The Customer shall not be entitled to a Credit in respect of an Additional Shortage.
Liability
Bananas Print Management shall not be liable for any indirect, special or consequential damages, or loss of profits/goodwill as a result of performance of services pursuant to the processing of any print order whether through breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise).
Any customer property supplied to Bananas Print Management shall be at the client’s risk.
Bananas Print Management reserves the right (without reason) to decline to print any item which (not withstanding) they deem might be libellous, offensive, illegal or in bad taste, or not in keeping with their brand or ethics.
Printing in full colour – All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variations are inherent in the print process and it is understood and accepted as reasonable that, Bananas Print Management 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 Bananas Print Management or another party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
Force majeure – Bananas Print Management is under no liability (and shall not be obliged to refund all or part of any fees paid by the customer) if they are unable to perform any obligation which is owed by them to the customer for any reason beyond Bananas Print Managements 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. Should such an event occur the customer can cancel any such orders, whilst reimbursing Bananas Print Management for any costs incurred. If an order has already been printed the customer agrees to accept the finished item.
Variation to Terms and Conditions – These terms and conditions may be amended from time to time by Bananas Print Management. The latest version of our terms and conditions may be accessed via the Website
Bananas Print Management will endeavour to ensure that our web pages work in current and recent versions of preeminent web browsers. The customer acknowledges that technology is fast moving, and that Bananas Print Management cannot give absolute assurance as to how web pages will look and work on any given browser or the latest device.
Data Protection
Please view our Privacy Policy.
Law
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 the Bananas Print Management and the customer into which these terms are incorporated.
Value Added Tax
VAT – Bananas Print Management reserves the right to charge the amount of any applicable value added tax payable whether-or- not this was originally included on estimates or invoices.
