Trading Terms and Conditions
1. Quotations
1.1 Subject to paragraph 1.2 all prices quoted are based upon work required to fulfil the client’s instructions and are valid for a period of 30 days from the date of the quote.
1.2 Prices quoted are based on the current cost of production, (materials, labour, machine time etc.) and they are subject to amendment by Tralee Printing Works Ltd before or after acceptance of the quotation to meet a variation in the cost of production between the date of quotation and the date of execution of the order provided there is no unreasonable delay on the part of Tralee Printing Works Ltd.
2. Customers Instructions
2.1 Once accepted by the customer (either verbal or written), Tralee Printing Works Ltd written quotation shall be deemed to interpret correctly the customer’s instructions. Where verbal instructions only are received, Tralee Printing Works Ltd shall not be responsible for errors or omissions due to misinterpretation of those instructions.
2.2 Other than only by way of correction any customer additions or alterations to copy when a proof is submitted will be charged for as author’s corrections.
3. Expedited Delivery
3.1 Should delivery of work be required urgently reasonable efforts will be made by Tralee Printing Works Ltd to secure freedom from defects. However, Tralee Printing Works Ltd shall not be held responsible for defects caused as a result of the requirement for such urgent delivery.
3.2 Should urgent delivery necessitate overtime work or other additional costs being occurred, an additional charge will be made to cover these additional costs.
4. Outside Work
4.1 If Tralee Printing Works Ltd has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by Tralee Printing Works Ltd from a third party in order to carry out the customer’s instructions:
a) Tralee Printing Works Ltd acquires these goods and/or services as agent for the customer and not as principal and will have no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in relation to the supply of those goods and/or services must be made directly against the third party.
b) The customer must pay for such goods and/or services.
c) Any such goods obtained from a third party, must be obtained on the basis that property in those goods is passed by the third party to Tralee Printing Works Ltd at the time the goods are incorporated into the work done by Tralee Printing Works for the customer.
5. Suspension of Work
5.1 The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days, shall entitle Tralee Printing Works Ltd to payment in full for the portion of work completed.
6. Cancelled Orders
6.1 Orders cannot be cancelled except upon terms, which compensate Tralee Printing Works Ltd for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
7. Payment
7.1 Once the work is completed Tralee Printing Works Ltd shall invoice the customer for the quoted value of the work plus any additional charges that have occurred to enable the work to be completed to meet the customer’s requirements.
7.2 All Invoices shall be paid COD unless prior arrangements are agreed with Tralee Printing Works Ltd. Any credit arrangements will require an Account Application form to be completed and approved by Tralee Printing Works Ltd.
7.3 Every endeavour will be made to deliver the correct quantity ordered but owing to the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of two percent (2%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
8. Risk
8.1 The goods are at the risk of Tralee Printing Works Ltd until delivered to the customer, or collected by the customer.
8.2 Tralee Printing Works Ltd shall have no liability for any loss or damage to the goods when in transit.
9. Liability
9.1 To the fullest extent permitted by law, except as provided herein, Tralee Printing Works Ltd shall not be liable to the customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services, or rising out of Tralee Printing Works Ltd negligence, or in any way whatsoever.9.2 Tralee Printing Works Ltd liability for a breach of a condition or warranty is herby limited to:
1. In the case of goods, any one or more of the following:
a)The replacement of the goods or the supply of equivalent goods;
b)The repair of the goods;
c)The payment of the cost of replacing the goods or of acquiring equivalent goods;
d)The payment of the cost of having the goods repaired;
or
2. In the case of services:
a)The supplying of the services again; or
b)The payment of the cost of having the services supplied again.
9.3 Tralee Printing Works Ltd will not be liable to the customer for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the customer to Tralee Printing Works Ltd.
9.4Subject to paragraph 9.3 hereof, Tralee Printing Works Ltd will not be liable to the customer for the damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Tralee Printing Works Ltd to exercise due care and skill in handling or storing such property of the customer.
9.5Force Majeure. Tralee Printing Works Ltd will have no liability to the customer for any loss, damage or expense suffered or incurred by the customer because of Tralee Printing Works Ltd failure to observe these terms and conditions, where such failure is occasioned by any cause beyond Tralee Printing Works Ltd reasonable control, including and without limiting the generality to the foregoing by war, insurrection, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
9.6Delivery. The delivery terms made known to the customer are estimates only, and Tralee Printing Works shall not be liable for any late delivery or non-delivery, and under no circumstances shall Tralee Printing Works Ltd be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods.
10. Claims
10.1Any claims against Tralee Printing Works Ltd shall be made in writing within seven (7) days of receipt of the goods by the customer. No claims shall be made by the customer beyond this period.
11. Non Payment
11.1Until the customer has paid all sums outstanding in relation to the goods, title of the goods shall not pass from Tralee Printing Works Ltd to the customer.
11.2If the customer has not paid all sums outstanding in relation to the goods, if directed by Tralee Printing Works Ltd to do so, the customer must forthwith return the goods to Tralee Printing Works Ltd.
12. Copyright
12.1Copyright in all artistic and literary works authored by Tralee Printing Works Ltd shall remain the property of Tralee Printing Works Ltd unless there is specific agreement to the contrary at the time of Tralee Printing Works Ltd acceptance of your order.
12.2The customer has warranted to Tralee Printing Works Ltd, and Tralee Printing Works Ltd has accepted the customer’s warranty that the customer has copyright in or a licence to authorise Tralee Printing Works Ltd to reproduce all artistic and literary works supplied by the customer to Tralee Printing Works for the purpose of the Order and the Customer hereby expressly authorises Tralee Printing Works Ltd to reproduce all and any of such works for the purposes foresaid.
12.3The Customer indemnifies and agrees to keep indemnified Tralee Printing Works Ltd against all liability, losses or expenses incurred by Tralee Printing Works Ltd in any way directly or indirectly connected with any breach of copyright on materials supplied by the customer.
12.4The customer is hereby granted a non-exclusive license to use the copyright works created by Tralee Printing Works Ltd for the purposes of the Order, however such licence is conditional upon Tralee Printing Works Ltd having received all monies due to Tralee Printing Works Ltd under these Terms and Conditions.
13. Confidentiality
13.1The customer must keep confidential and not use any ideas, systems or processes communicated or made available by Tralee Printing Works Ltd to the customer without Tralee Printing Works Ltd written permission.
14. Returns Policy
All jobs MUST be ‘proof approved’ before printing. We, Tralee Printing Works Ltd., do NOT offer returns because all jobs are printed to customer specifications, have been ‘proof approved’, and cannot be resold. We do not offer exchanges or refunds. By placing an order, you are accepting that the artwork has been approved by you, and we, Tralee Printing Works Ltd., do not accept responsibility for incorrect artworks. If your job is damaged, please advise us within 7 days of receipt, either by phone or an email. The job MUST be returned to receive a credit. PLEASE NOTE: We do not accept responsibility for any courier issues, once the job has left our premises. We will not accept LIABILITY for any consequential lose due to late delivery.
15. Privacy Policy
Tralee Printing Works ltd is committed to maintaining the confidentiality of their customers. We do not share, sell, or otherwise disclose information about our clients to any other party except as required to process and ship purchases.
15.1 Customer Service
We communicate with users on a regular basis to provide requested services. Our production and customer service use both email and phone information to communicate with customers in regards to issues relating to in process order.
15.2 Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
15.3 Third Party Intermediaries
We use a courier company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
15.4 Security
Our Web sites take every precaution to protect our users’ information. When users submit sensitive information via the Web site, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number) that information is encrypted. While on a secure page, such as our order form, the lock icon will appear in your browser’s address bar.
All of our users’ information, not just the sensitive information mentioned above, is restricted in our office.
16. Electronic Media
16.1All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Tralee Printing Works to store data for the purposes of completing the Order are the property of Tralee Printing Works Ltd. The customer cannot require Tralee Printing Works to supply to the customer any data so stored. In the event that Tralee Printing Works Ltd does supply data so stored or created, Tralee Printing Works Ltd may charge the customer for supplying such data.
16.2Tralee Printing Works Ltd will not be held responsible for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Tralee Printing Works Ltd agrees to store such data Tralee Printing Works Ltd may charge to do so.
17. VAT
17.1The customer will be liable for any VAT payable because of the supply of goods and/or services by Tralee Printing Works Ltd to the customer.
