TERMS AND CONDITIONS

Apex Media and Print Limited or Apex (Hereinafter referred to as the Company or We)

All users of the Company’s services, accept the following terms of business irrespective of the mode or manner of ordering employed by the Customer when ordering the services.

1. Estimates and Quotations

a. Quotations are based on the current costs of production and are subject to amendment by the Company on or at any time after acceptance to meet any rise or fall in such costs.
b. All quotations are made and all orders are accepted subject to these Conditions of Trading and no variation thereof is valid or permitted unless made or authorised in writing by a Proprietor of the Company.
c. Quotations shall be available for acceptance for a period of 30 days from the date hereof and may be withdrawn by the Company within such period at any time without notice.
d. Prices are subject to change on our website to meet any rise or fall in production costs.

2. Proofs

a. Proofs may be submitted for Customer’s approval, and in that event no responsibility will be accepted for any errors in them not corrected by him/her. b. Customers are wholly responsible for ensuring proofs are correct before printing including colours, size, text content (including spelling and grammar), contact details and number of pages.
c. We cannot be held responsible for errors on proofs, even if the original content was supplied correctly by the customer.
d. Author’s corrections, including alterations in style, and the cost of additional proofs necessitated by such corrections, will be charged extra.
Corrections requested after approval of proofs may be charged at up to 100% of the quoted price.
d. As long as the finished product is consistent with the proof supplied, you must pay in full for the work.
e. Where the customer supplies artwork, proofs are not supplied. Responsibility for ensuring the supplied file is correct is with the customer.

3. Delivery, Collection and Payment

a. Work shall be paid for upon collection or delivery unless otherwise agreed via a credit agreement with the Company. If completed work is not collected and paid for within seven days of completion this will be deemed a default on payment and will result in payment on order terms being introduced for future work orders.
b. Non payment of completed work on collection will result in future work orders being payment upfront whereby all Customer monies must have cleared in the Company bank account before work commences. The company also reserves the right not to trade with customers who default on payment.
c. Credit agreements may be setup on the completion of the Company Account Application form. Customer credit, trade and full banking checks will be made by the Company once submitted. On completion of checks the Company will assess the viability of issuing credit to the Customer and may offer terms ranging from seven to thirty days. The Company will decide the Customer credit limit on a case by case basis.
d. Customers that have requested delivery of goods to their address by the Company must pay in full before they are delivered unless credit terms have been agreed.
e. Delivery of work shall be accepted when tendered and thereupon or on notification that the work has been completed, payment shall become due.
f. Time for delivery is not guaranteed and shall in no circumstances form part of any contract between the Company and the Customer. The Customer shall have no right of action for damages nor to cancel the order in the event of failure to meet any delivery date whether expressly stated or otherwise for whatever reason the same shall have occurred.
g. Cancellation will only be agreed to by the Company on the condition that:
1. all costs and expenses incurred by the Company up to the time of cancellation and,
2. all loss of profits and other loss or damage resulting to the Company by reason of such cancellation (as to all of which the Certificate of the Company’s Auditor shall be final and conclusive) will be reimbursed by the Customer to the Company forthwith.
i. Any special terms of payment on any particular Contract shall be subject to prior negotiation but once determined shall constitute a term of the contract. If advance payments are provided the payments must be received by the Company on or before the date. In the event of the Customer failing to make a payment in accordance with the foregoing provisions or the contract terms within 30 days the Customer shall pay to the Company interest on the contract price outstanding at the rate of 3% per calendar month. Prices in respect of deliveries shall become due for payment 30 days after the date of delivery or as stated on the invoice. The time of payment is the essence of the contract and payment at a due date is a condition precedent to further deliveries.
j. Should expedited delivery be agreed and necessitate overtime or other additional cost then extra charge may be made.
k.  Should work be suspended at the request of or delayed through any default of the Customer for a period of 30 days the Company shall then be entitled to payment for work already carried out and materials specially ordered.
l. Where no credit account is established, the Customer may be required to supply credit card details to secure the commencement and completion of an order. In the event of non-collection or non-payment payment by other means the Company reserve the right to use said credit card details to settle the outstanding amount.
m. If payment is not received for any Web hosting or Web design service the Company reserve the right to immediately remove the Customer’s website from viewing on the internet and suspend further work. Such removal or withholding does not relieve the Customer of his obligation to pay any charges or interest.
n. If any items of work including prints, original files and other completed goods belonging to a Customer are not collected from the Company’s premises within two months after the Customer has been advised of the completion of the goods, We reserve the right either to charge for storage at £10 per week or dispose of such material. Customers must inform the Company in writing by email if they want the uncollected goods destroyed instead of paying for their storage. If the Customers goods are still uncollected after six months we will automatically dispose of them.

4. Claims

Claims arising from damage, delay or partial loss of goods in transit must be made in writing to the Company and Carrier so as to reach them within three days of delivery, and claims for non-delivery within 28 days of despatch of the goods. All other claims must be made to the Company within 7 days of collection or delivery.

5. Customers Property

Customer’s property and all property supplied to the Company, by or on behalf of, the Customer, will be held, worked on, and carried at Customer’s risk. Responsibility will not be accepted for imperfect work caused by defects in or unsuitability of material so supplied.

6. Materials Supplied By Customer

a. The Company may reject any digital media, paper, plates or other materials supplied or specified by the Customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged.
b. Where materials are so supplied or specified, responsibility for defective work will not be accepted by the Company unless this is due to his failure to use reasonable skill and care.
c. Quantities of materials supplied shall be adequate to cover normal spoilage.
d. The Company reserve the right to refuse to handle any media which contains a virus or hostile program. In the event a virus or hostile program is detected the media may be deleted.

7. Tax

Prices on the website or in our brochure do not include VAT unless specified.

The Company shall be entitled to charge the amount of any tax payable whether or not included in the quotation or invoice.

8. Outstanding Accounts

An account will be defined as outstanding after a lapsed time of 7 days from the due date of invoice.

If any invoices go over 90 days the account will go on hold until full payment has been received. If payment has still not been made after 60 days Apex Media and Print Ltd will advise our solicitor to begin legal proceedings against the account holder.

The Company reserves the right to charge interest on any outstanding accounts at the rate of 5% per month for each month or part that remains outstanding.