Terms & Conditions
1. Quotations
1.1 Subject to paragraph 1.2, 2, 3 and 4, all prices quoted are based on work specified in the quote (or verbal instructions given at the time of order). Quotes are valid for a period of 7 days from the date of the quote. Quotes will be deemed accepted upon the Customer making an Order.
1.2 Prices quoted are based on the current cost of production, (materials, labour, machine time etc) and they are subject to amendment by Midas Marketing & Promotions Limited 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 Midas Marketing & Promotions Limited.
2. Customers Instructions
2.1 Once accepted by the customer (either verbal or written), Midas Marketing & Promotions Limited’s written quotation shall be deemed to interpret correctly the customer’s instructions. Where verbal instructions only are received, Midas Marketing & Promotions Limited shall not be responsible for errors or omissions due to misinterpretation of those instructions.
2.2 The cost of additions or alterations to any proof submitted to a customer will be added to the price (unless changes to the proof are merely typographical corrections).
3. Expedited Completion Of Order
3.1 Customer acknowledges that a requirement for urgent completion of an Order increases the likelihood of defects & delays. Midas Marketing & Promotions Limited will use all reasonable efforts to avoid defects & delays but will not be liable for defects or delays arising because of urgent completion of Order. The customer is responsible for checking and confirming they are satisfied that all details and aspects of their order are correct and suitable for their requirements and specifications including without limitation product size, proof, colour, dimensions, features, print positions & print techniques.
3.2 The price will be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion.
4. Outside Work
4.1
If Midas Marketing & Promotions Limited has to obtain goods (including typefaces, film, plates etc) and/or services not normally stocked or supplied by Midas Marketing & Promotions Limited from a third party in order to carry out the customer’s instructions:
a) Midas Marketing & Promotions Limited will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or service.
b) Midas Marketing & Promotions Limited 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.
c) The customer must pay for such goods and/or services.
d) Any such goods obtained from a third party, must be obtained on the basis that property/title in those goods is passed by the third party to Midas Marketing & Promotions Limited at the time the goods are incorporated into the work done by Midas Marketing & Promotions Limited 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 Midas Marketing & Promotions Limited to payment in full for the work completed up to the suspension date.
6. Cancelled Orders
6.1 Once an order confirmation has been signed, an order cannot be cancelled, under any circumstances except upon terms, which compensate Midas Marketing & Promotions Limited for all work done, materials used or specially acquired to complete the order, to the date of the cancellation.
7. Delivery
7.1 Midas Marketing & Promotions Limited shall notify the customer when the goods are ready for delivery.
7.2 If Midas Marketing & Promotions Limited agrees to deliver the goods, the customer shall bear all freight and charges of such delivery as detailed on the initial quotation.
7.3 Midas Marketing & Promotions Limited will make all reasonable efforts to have the goods delivered to the customer on the date agreed, but Midas Marketing & Promotions Ltd shall be under no liability should delivery not be made on or within a reasonable period of such date, due to circumstances outside of Midas Marketing & Promotions control.
8. Payment
8.1 Once an order is confirmed, by signing & returning an Order Confirmation, Midas Marketing & Promotions Limited shall issue a pro-forma invoice to the customer for the quoted value of the work. No order will progress until full payment has been made to Midas Marketing & Promotions Ltd.
8.2 VAT (Value Added Tax) shall be charged on the total invoice amount in line with current VAT legislation.
8.3 All Invoices shall be paid in advance.
8.4 Midas Marketing & Promotions Limited will use its best endeavours 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 five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
8.5 The customer must pay to Midas Marketing & Promotions Limited any costs, expenses or losses incurred by Midas Marketing & Promotions Limited as a result of the customer’s failure to pay Midas Marketing & Promotions Limited all sums outstanding from the customer to Midas Marketing & Promotions Limited (including without limitation the generality of the obligations set out in this clause, any debt collection and legal costs).
9. Warranties And Undertakings
9.1 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Midas Marketing & Promotions Limited are expressly excluded (unless such warranties cannot at law be excluded).
10. Risk
10.1 The risk in the goods passes to the customer at time of delivery if Midas Marketing & Promotions Limited delivers the goods to the customer’s premises.
10.2 Midas Marketing & Promotions Limited shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
10.3 Midas Marketing & Promotions Limited has no obligation to insure any property of the customer in Midas Marketing & Promotions Limited’s possession. The customer must pay the cost of any insurance arranged by Midas Marketing & Promotions Limited at the request of the customer.
10.4 If a customer leaves property in Midas Marketing & Promotions Limited’s possession without specific instructions as to what is to be done with it, Midas Marketing & Promotions Limited may, 12 months after gaining possession of the property, agree the sale of the said property as compensation for holding and handling the property.
11. Liability
11.1 To the fullest extent permitted by law, except as provided herein, Midas Marketing & Promotions Limited 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 Midas Marketing & Promotions Limited’s negligence, or in any way whatsoever.
11.2
Midas Marketing & Promotions Limited’s liability for a breach of a condition or warranty is hereby 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.
11.3 Midas Marketing & Promotions Limited 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 Midas Marketing & Promotions Limited or for any damage, loss or destruction of any property of the customer unless the loss or damage has been caused by the failure of Midas Marketing & Promotions Limited to exercise due care and skill in handling or storing such property.
11.4 Subject to paragraph 10.3 hereof, Midas Marketing & Promotions Limited 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 Midas Marketing & Promotions Limited to exercise due care and skill in handling or storing such property of the customer.
11.5 Force Majeure. Midas Marketing & Promotions Limited will have no liability to the customer for any loss, damage or expense suffered or incurred by the customer where such loss is occasioned by any cause beyond Midas Marketing & Promotions Limited’s 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.
11.6 Completion and or Delivery. The delivery terms made known to the customer are estimates only, and Midas Marketing & Promotions Limited shall not be liable for any late delivery or non-delivery, and under no circumstances shall Midas Marketing & Promotions Limited be liable for any loss, damage or delay occasioned to the customer because of late or non-delivery of the goods.
12. Claims
12.1 The customer must inspect goods or services supplied by Midas Marketing & Promotions Limited within 14 days from delivery. Any claims against Midas Marketing & Promotions Limited must be in writing within such fourteen (14) days. No claims shall be made by the customer beyond this period.
13. Non Payment
13.1 Until the customer has paid all sums outstanding in relation to the goods, title of the goods shall not pass from Midas Marketing & Promotions Limited to the customer.
13.2 If the customer has not paid all sums outstanding in relation to the goods, if directed by Midas Marketing & Promotions Limited to do so, the customer must forthwith return the goods to Midas Marketing & Promotions Limited if so directed by Midas Marketing & Promotions Limited.
14. Copyright
14.1 Copyright in all artistic and literary works authored by Midas Marketing & Promotions Limited shall remain the property of Midas Marketing & Promotions Limited unless there is specific agreement to the contrary at the time of Midas Marketing & Promotions Limited’s acceptance of your order.
14.2 The customer has warranted to Midas Marketing & Promotions Limited, and Midas Marketing & Promotions Limited has accepted the customer’s warranty that the customer has copyright in or a licence to authorise Midas Marketing & Promotions Limited to reproduce all artistic and literary works supplied by the customer to Midas Marketing & Promotions Limited for the purpose of the Order and the Customer hereby expressly authorises Midas Marketing & Promotions Limited to reproduce all and any of such works for the purposes aforesaid.
14.3 The Customer indemnifies and agrees to keep indemnified Midas Marketing & Promotions Limited against all liability, losses or expenses incurred by Midas Marketing & Promotions Limited in any way directly or indirectly connected with any breach of copyright on materials supplied by the customer.
14.4 The customer is hereby granted a non-exclusive license to use the copyright works created by Midas Marketing & Promotions Limited for the purposes of the Order, however such licence is conditional upon Midas Marketing & Promotions Limited having received all monies due to Midas Marketing & Promotions Limited under these Terms and Conditions.
15. Confidentiality
15.1 The customer must keep confidential and not use any ideas, systems or processes communicated or made available by Midas Marketing & Promotions Limited to the customer without Midas Marketing & Promotions Limited’s written permission.
16. Electronic Media
16.1 All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Midas Marketing & Promotions Limited to store data for the purposes of completing the Order are the property of Midas Marketing & Promotions Limited. The customer cannot require Midas Marketing & Promotions Limited to supply to the customer any data so stored. In the event that Midas Marketing & Promotions Limited does supply data so stored or created, Midas Marketing & Promotions Limited may charge the customer for supplying such data.
16.2 Midas Marketing & Promotions Limited will not be liable for storing any data on disks, tapes, compact disks or other media when the Order has been completed. If Midas Marketing & Promotions Limited agrees to store such data Midas Marketing & Promotions Limited may charge to do so.
17. Goods And Services Tax (Value Added Tax)
17.1 The customer will be liable for any goods and services tax (VAT) payable because of the supply of goods and/or services by Midas Marketing & Promotions Limited to the customer.