Acceptance of orders -a) Momento Print will supply goods and/or services only subject to these terms and conditions. Any terms and conditions in the customer's own order requests that may differ from these terms and conditions will be of no effect.
b) The terms and conditions herein shall constitute the entire agreement between Momento Print and any changes to these conditions will be binding only if agreed in writing by a director of the company and such agreement specifically refers to a change in these terms herewith.
c) Acceptance of the customer order takes place when an order confirmation email of receipt, is sent to the customer, or preliminary work is undertaken on the customers instructions.
d) We reserve the right to decline any order should such order not meet our terms or specifications.
Payment for accepted orders must be in the currency agreed on the order confirmation or will be assumed to be in pounds sterling.
Disclaimer - Momento Print disclaims to the maximum extent permitted by law all representations, warranties (express or implied) regarding products, services, quantities, pricing, graphics, software, information, published on this web site or in any other form or location. Data is constantly updated and may be subject to change.
Provision of the products and services is on an "as is" basis. In particular Momento Print disclaims without limitation, warranties of merchantability, fitness for purpose, non infringement
VAT (Value added tax) will be charged, if applicable, at the current rate on the date of supply whether or not included on the quote, order, invoice.
Preliminary work - All work carried out, including conversion or correction of supplied Artwork, at the customer's request will be chargeable at current hourly rates.
Supply of digital data - A charge may be made to cover any additional work necessary where the digital data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results.
Where digital data is so supplied, or specified, responsibility will not be accepted for imperfect work caused by defects in the supplied format or specification . This includes any incompatibility or defects caused by differing software versions or conflicting operating systems. All compatibility issues should be addressed by the customer to Momento Print before proceeding with the order. Any issues not addressed by the customer will not be the responsibility of Momento Print should the final order not meet the customers expectations.
Where we are aware defects in the digital data are so severe that they cannot be corrected, we will cease further processing awaiting your instructions. All work to this point will be chargeable.
Proofs - Proofs of all work may be submitted for customer's approval and we shall incur no liability for any errors not corrected and communicated by the customer in proofs submitted. Customer's alterations and additional proofs necessitated thereby will incur an additional charge.
Archived Data - Data is usually archived on CD-ROM so enabling us to reprint, amend or extract data from previous orders. Retrieval and amendment of such data is a chargeable service. We make no guarantee that files will be archived and retrieval may take up to 7 working days if stored.
Copyright - Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belongs to Momento Print, except where the complete design is uploaded or emailed to us by the customer as final digital artwork for printing. The customer shall be responsible for all the design data they supply. He/she should obtain the necessary authority to reproduce picture, artwork, photographs, logos etc. The customer will indemnify us and our agents from any claim arising thereof.
Company imprint - Unless otherwise specifically requested in writing all designs may carry our company imprint which will be positioned at our discretion.
Delivery and payment - Momento Print uses a third party companies for all delivery services, and as such cannot be held directly responsible for any delay or damage during transit, delay in meeting the agreed delivery schedule, or loss of order. In such an event, Momento Print will not be held liable for any damages or costs incurred, but will pass the details of the third party courier used onto the customer, so that the customer can then pursue the matter directly with the delivery company concerned.
(a) Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
(b) Unless otherwise specified the price quoted is for customer to collect the order from Momento Print. Delivery of the printed products to the customer's address should be set out in the order if required and may incur an extra cost.
(c) Should expedited delivery be agreed, extra may be charged to cover any overtime or any other additional costs involved.
(d) Should any part of an order be cancelled at any time, a cancellaton charge of 15% (plus a £10.00 charge to cover administration costs) will be chargeable along with any additional costs incurred by Momento Print. Additionally, Momento Print does not offer a 'cooling off period' due to the nature of producing bespoke printing on demand.
(e) Should work be suspended at the request of, or delayed through any default of the customer for a period of 14 days we shall then be entitled to payment for work already carried out, materials specially ordered and any other additional costs including storage.
Variations in quantity - Every attempt will be made to provide the correct quantity ordered, but estimates are conditional upon margins for 5 percent for work in black only, and 10 percent for other work being allowed for overs or shortage (4 percent and 8 percent respectively).
Claims - Advice of damage, delay, loss, or partial loss of goods in transit or of non-delivery must be given in writing to us and the carrier within three working days of delivery ( or in the case of non-delivery within 7 days of despatch of the goods). All other claims must be made in writing to us within 7 days of delivery.
Limitation of Liability - The sole liability of Momento Print in respect of any defect in, or failure of any goods or services supplied; or for any shortage in the quantity of goods delivered; or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to making good by replacement or by repairing defects or failures which under proper use appear therein. Without prejudice to the foregoing, Momento Print shall in no circumstances be liable for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer. Or for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the customer arising from delay in transit of their goods.
Customer's property - (a)Customer's property and all property supplied to us by, or on behalf of the customer, shall while it is in our possession or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should arrange insurance accordingly
(b) We shall be entitled to make a reasonable charge for the storage of any customer's property left with us before receipt of the order or after notification to the customer of completion of the work.
Materials/data supplied by the customer -(a) We may reject any paper, plates, data, media or other materials supplied or specified by the customer which appear to us to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged
(b ) Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
(c) Quantities of materials supplied shall be adequate to cover normal spoilage.
Credit terms - For invoices not settled within the agreed credit terms, we reserve the right to charge interest on the overdue debt at 2% above the HSBC Bank base rate at the time and an administration fee to cover the debt recovery costs.
Overdue Payments - If payment is not received within the agreed terms, Momento Print will instruct their solicitors to recover the amount due. The solicitors costs plus a £50.00 admin charge will be added to the amount due along with any interest accrued as in section (c)
Insolvency - If the customer ceases to pay their debts in the ordinary course of business, or cannot pay 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, we 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 us, and (ii) in respect of all unpaid debts due from the customer we have a general lien on all goods and property of his in our 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 we think fit and to apply the proceeds towards such debts.
Illegal matter - (a) We will not be required to print or design any matter which in our opinion is, or may be, of an illegal or libellous nature or any infringement of the proprietary or other rights of any third party.
(b) We shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
Printing - Every effort will be made to obtain the best possible colour reproduction on customer's work but because of the nature of the processes involved, we shall not be required to guarantee an exact colour consistency throughout a quantity or an exact match in colour or texture between the customer's proofs, prints, photographs or transparency, computer monitor display, colour proof and the printed article. (See Colour Issues page).
Printing Refunds – Due to the bespoke nature of printing from your own supplied digital artwork files, we are unable to refund printing costs on digitally supplied artwork once the project has been printed. (Please refer to our Supplying Artwork and Colour Issues pages for precise information on the correct specification required for printing). We will contact and advise you should your artwork not be suitable for printing and suggest alternative options. Please note: This may delay production and final printing schedules. Should you wish to Cancel your order BEFORE printing we will refund your payment (subject to the following Cancellation Charges) only on specific emailed, or written, instructions.
Cancellation of Online Orders – Please note that a 15% charge of the total value of the original order will be made on all cancelled orders plus a £10.00 charge to cover administration costs. In exceptional circumstances a full refund may be given at the managers discretion. Any additional artwork adjustment, or conversion, costs incurred for work already agreed and carried out up to the date of written cancellation will be charged for and deducted before any refunds are made.
Force majeure - We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, terrorism, war, fire, flood , drought, failure of power of 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 us, elect to terminate the contract and pay for work done and materials used but subject thereto shall otherwise accept delivery when available.
Law - These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
