Tel. +44 (0) 1822 810511
E-mail:
info@graphicwords.com

Terms and Conditions

Use of this Website:
Use of this site constitutes acceptance of the terms and conditions, which take effect on the date which you first use this site. If you do not agree to the terms and conditions, you should not use this site.

Graphic Words has used all reasonable means to ensure that the information provided through this website is accurate at the time of inclusion. However, there may be inadvertent and occasional errors for which Graphic Words apologises. Graphic Words makes no representations or warranties about the information provided and reserves the right to make changes and corrections at any time, without notice. No liability whatsoever shall be accepted for any claim resulting from the use of any information obtained directly or indirectly from the Graphic Wordswebsite.

While every effort has been taken to ensure against programme defects, Graphic Words cannot guarantee that the site is virus-free. This website is used at the sole risk of the visitor.

No part of this website may be reproduced, stored or transmitted in any form or by any means without the prior permission of the copyright holder. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites. However, the visitor may download onto a personal computer owned or under the control of the visitor and make a single copy of all or part of this publication for the recipient's private use or study only. To seek consent for other uses, please contact Graphic Words at 1 Mill Cottages, Peter Tavy, Tavistock PL19 9NS, England, tel. +44 (0) 1822 810511, Email: info@graphicwords.com

Graphic Words respects the privacy of its on-line visitors. Graphic Words only gathers personally identifiable data, such as names, addresses, e-mail addresses etc. when these are voluntarily submitted by a visitor. If the visitor tells Graphic Words that the information should not be used as a basis for further contact, the request will be respected.

Graphic Words reserves the right to change these Terms and Conditions at any time. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising from these terms and conditions or the use of this site generally shall be exclusively subject to the jurisdiction of the courts of England and Wales, although Graphic Words may use any convenient forum to enforce its rights.

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Terms and Conditions of Sale
Graphic Words is the trading name of the Partnership between Stephen John Carreck and Alison Mary Sherrell.
The partnership business address is: 1 Mill Cottages, Peter Tavy, Tavistock, Devon PL19 9NS U.K.

1. Terms of Payment:
1.1 Payment shall unless otherwise agreed in writing be made by the Client in full without any deduction or set-off on receipt of an invoice from Graphic Words.

1.2 Interest shall be charged at the rate of 2% per month on overdue accounts.

1.3 If in the opinion of Graphic Words the credit-worthiness of the Client shall have deteriorated at any time prior to delivery of the goods or services, Graphic Words may require full or partial payment of the price prior to completion of the contract or delivery or the provision of security for the payment by the Client in a form acceptable to Graphic Words.

1.4 If the Client fails to settle an outstanding debt or credit within Graphic Words' standard terms as set out above, then Graphic Words reserves the right to suspend all work and/or supply of goods to the Client. Graphic Words will begin legal proceedings after 60 days of non-payment of an outstanding debt or credit if a prior arrangement has not been made for extension of credit terms.

2. Materials Supplied by the Client
2.1 Graphic Words may reject any paper, plates or other materials supplied or specified by the Client which appear to it to be unsuitable at any time prior to delivery. Additional costs incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Graphic Words in ascertaining the unsuitability of the materials then that amount shall not be charged to Client.

2.2 Where materials are so supplied or specified, Graphic Words will take all reasonable care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

3. Liability
3.1 Graphic Words shall not be liable to the Client:
(a) For shortages in quantity delivered unless the Client notifies Graphic Words of any claim for short delivery within 14 days of receipt of the goods;
For damage to or loss of the goods or any part thereof in transit where the goods are carried by Graphic Words' transport or by a carl1er on behalf of Graphic Words) unless the Client shall notify Graphic Words of any such claim within 14 days of receipt of the goods or the scheduled date of delivery whichever shall be the earlier;
(b) For defects in the goods caused by fair wear and tear, abnormal conditions of shortage or use, or any act, neglect or default of the Client or any third party;
(c) For other defects in the goods resulting from faulty material or workmanship unless notified to graphic Words within one month of receipt of the goods by the Client or where the defect would not be apparent on reasonable Inspection within six months of delivery.

3.2 Where liability is accepted by Graphic Words, Graphic Words' only obligation shall be at its option to make good any shortage or non-delivery and/or as appropriate to replace or repair any goods found to be damaged or defective and/or to refund the cost or such goods to the Client provided that as a condition thereof Graphic Words may require that the goods are returned to it within 7 days of such acceptance.

3.3 Graphic Words' aggregate liability to the Client whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods which give rise to such liability as determined by net price invoiced to the Client in respect of any occurrence or series of occurrences.

3.4 Subject to the foregoing all conditions, warranties and representations expressed or implied by statute common law or otherwise in relation to the goods and services are hereby excluded and Graphic Words shall be under no liability to the Client for any loss, damage or injury direct or indirect, loss of turnover, sales revenue, profits or indirect, consequential or special loss resulting from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of Graphic Words.

3.5 Graphic Words' prices are determined on the basis of the limits of liability set out in this condition but the Client may by written notice to Graphic Words request it to agree a higher limit of liability provided insurance cover can be obtained thereof. Graphic Words shall effect insurance up to such limit and the Client shall pay upon demand the amount of any and all premiums. The Client shall disclose such information, as the insurers shall require. In no case shall the Client be entitled to recover from Graphic Words more than the amount received from the insurers.

4. Illegal Matter
4.1 Graphic Words shall not be required to print or make available on a website any matter, which in its opinion is or may be of an illegal or libellous nature.

4.2 Graphic Words shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous or illegal matter. The indemnity shall extend to any amounts paid under the advice of Graphic Words' legal advisors in settlement of any claim.

5. Licences and Consents
5.1 If any licence or consent of any government or other authority shall be required for the acquisition, carriage or use of the goods by the Client the Client shall obtain the same at its own expense and produce evidence of the same to Graphic Words on demand. Failure so to do shall not entitle the Client to withhold or delay payment of the price. Any additional expenses or charges incurred by Graphic Words resulting from such failure shall be for the Client's account and the Client agrees to indemnify Graphic Words against the same.

6. Force Majeure
6.1 Graphic Words shall not be liable to the Client for any loss or damage which may be suffered by the Client as a direct or indirect result of the supply of goods by Graphic Words being prevented hindered delayed or rendered uneconomic by reason of circumstances or events beyond Graphic Words' control, including but not limited to Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of the goods or of raw materials therefore by Graphic Words' normal source of supply or the manufacture of the goods by Graphic Words' normal means or the delivery of the goods by Graphic Words' normal route or means of delivery.

6.2 If due to such circumstances or events Graphic Words has insufficient stocks to meet all its commitments Graphic Words may apportion available stocks between its customers at its sole discretion.

7. Quotations and Estimates
7.1 A quotation/estimate by Graphic Words does not constitute an offer and we reserve the right to withdraw or revise the same at any time prior to our acceptance of a Client's order.

8. Prices
8.1 The prices payable for the goods or services shall be those contained in a relevant quotation. Graphic Words has the right at any timer to revise prices to take into account increases in costs of any goods, material, carriage, labour or overheads, the increase or imposition of any charge or duty or other levy and any variation in exchange rates.

8.2 Proofs of all work are supplied for the Client's approval and Graphic Words shall incur no liability for any errors not corrected by the Client in proofs so submitted.

8.3 A charge may be made to cover any additional work where copy supplied by the Client is not clear and legible. The Client's alterations and any additional proofs necessitated thereby shall be charged. Where style, type, colour or layout is left to Graphic Words' judgement then changes made therefrom by the Client shall be charged.

8.4 Unless otherwise specified, VAT and any other tax or duties payable by the Client shall be added to the price.

9. Delivery
9.1 Delivery dates mentioned in any quotation or acknowledgement of order are approximate only and not of any contractual effect, and Graphic Words shall not be under any liability to the Client in respect of any failure to deliver on any particular date or dates.

9.2 The goods shall unless delivered by Graphic Words' own transport or by a carrier on behalf of Graphic Words or retained by Graphic Words at the Client's request be deemed to have been delivered and the risks therein to have passed to the Client upon their transfer to the carrier named by the Client, or, in the case of delivery "ex works" upon Graphic Words notifying the Client that the goods are available for collection.

9.3 Where the goods are to be delivered by Graphic Words' own transport, or by a carrier on behalf of Graphic Words, the risk therein shall, subject as provided below, pass to the Client on delivery whether to the Client or to a site or agent otherwise named by the Client. The choice of route and mode of carriage shall be at the discretion of Graphic Words. Where the goods are retained by Graphic Words at the Client's request, the risk therein shall pass to the Client following notification to the Client that the goods are completed in whole or in part and the Client should insure accordingly. Graphic Words may, at its discretion, charge for storage of goods in such circumstances.

9.4 If the Client refuse or fails to take delivery of goods tendered in accordance with the contract, or fails to take any action necessary on its part for delivery of the goods, Graphic Words shall be entitled to terminate the contract with immediate effect, to dispose of the goods as it may determine, and to recover from the Client any loss and additional costs incurred as a result of such refusal or failure.

9.5 Unless otherwise expressly agreed, Graphic Words may effect delivery in one or more instalments. Each instalment shall be treated as a separate contract.

10. Standing Material and Client's Property
10.1 Graphic Words shall be entitled to make a reasonable charge for the storage of the Clients' property left with Graphic Words before receipt of the order or after notification to the Client of completion of the work.

11. Variations and Sub-Contractors
11.1 Graphic Words shall be deemed to have fulfilled its contractual obligations in respect of any delivery though the quantity may be up to 10% more or less than the quantity specified in the contract and in such event the Client shall pay for the actual quantity delivered.

11.2 Unless expressly agreed in writing by Graphic Words, all drawings, designs, colours, specifications and particulars of weights and dimensions submitted by Graphic Words are approximate only and we shall have no liability in respect of any deviation therefrom. Graphic Words accepts no responsibility for any errors, omissions or other defects in any drawings, designs, colours, typefaces or specifications not prepared by Graphic Words, and we shall be indemnified by the Client against any and all liabilities and expenses incurred by Graphic Words arising therefrom.

12. Third Party Rights
12.1 The Client shall indemnify Graphic Words against any and all liabilities, claims and costs incurred by or made against Graphic Words as a direct or indirect result of the carrying out of any work required to be done on or to the goods or service in accordance with the requirements or specifications of the Client.

12.2 Graphic Words shall have no liability to the Client in the event of goods infringing or being alleged to infringe the intellectual or industrial property rights of any third party.

13. Insolvency and Default
13.1 If the Client enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if (being a company) an order is made or a resolution is passed for the winding up of the Client (otherwise than for the purposes of amalgamation or reconstruction previously approved in writing by Graphic Words) or if a receiver or administrator is appointed, of any of the Client's assets or undertaking or if circumstances arise which entitle the Court or a creditor to appoint a receiver or manager or administrator or which entitle the Court to make a winding-up order or if the Client takes or suffers any similar or analogous action in consequence of debt or commits any breach of this or any other contract between Graphic Words and the Client, Graphic Words may without prejudice to any of its other rights stop any goods in transit and/or suspend further deliveries and/or by notice in writing to the Client determine the contract.

14. Waiver
14.1 Failure by Graphic Words to enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any times thereafter.

15. Notices
15.1 Any notice hereunder shall be deemed to have been duly given if sent by pre-paid first class post, e-mail, telex or facsimile to the party concerned at its last known address. Notices sent by first class post shall be deemed to have been given 48 hours after despatch and notices sent by e-mall, telex or facsimile shall be deemed to have been given on the date of despatch

16. Application
16.1 These conditions apply to all sales of goods and services by Graphic Words and shall prevail over any terms or conditions contained to or referred to in the Client's order or elsewhere or implied by trade custom practice unless specially agreed to in writing by a Partner. Any purported provisions to the contrary are hereby excluded.

17. Governing Law
17.1 The contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the jurisdiction of the English courts.

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