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 Chameleon Print Management
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 Chameleon Print Management.
The Customer shall be notified of any such amendment as soon as possible thereafter.

 

2. Customers Instructions

2.1
Once accepted by the customer (either verbal or written), Chameleon Print
Management’s written quotation shall be deemed to interpret correctly the customer’s
instructions. Where verbal instructions only are received, Chameleon Print Management
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. Chameleon Print Management will use reasonable
efforts to avoid defects but will not be liable for defects arising because of urgent
completion of Order.
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 Chameleon Print Management has to obtain goods (including typefaces, film, plates etc)
and/or services not normally stocked or supplied by Chameleon Print Management from a
third party in order to carry out the customer’s instructions:
a) Chameleon Print Management 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) Chameleon Print Management 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 Chameleon Print Management
at the time the goods are incorporated into the work done by Chameleon Print
Management 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 Chameleon Print Management to payment in full for the work
completed up to the suspension date.

 

6. Cancelled Orders

6.1
Orders cannot be cancelled except upon terms, which compensate Chameleon Print
Management for all work done, materials used or specially acquired to complete the
order, to the date of the cancellation.

 

7. Delivery

7.1
Chameleon Print Management shall notify the customer when the goods are ready for
collection.
7.2
The customer must collect the goods from Chameleon Print Management’s premises
upon being notified by Chameleon Print Management that the goods are ready for
collection. If Chameleon Print Management agrees to deliver the goods, the customer
shall bear all freight and charges of such delivery.

 

8. Payment

8.1
Once the work is completed Chameleon Print Management 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.
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 COD unless prior arrangements are agreed with Chameleon
Print Management. Any credit arrangements (where Chameleon Print Management
feel it necessary) will require an Account Application form to be completed and
approved by Chameleon Print Management. Any such credit arrangements are made
entirely at Chameleon Print Management’s discretion. Maximum credit terms agreed
will be strictly 30 days from date of invoice.
8.4
Chameleon Print Management 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
Chameleon Print Management may at its option charge interest at the rate of the
EURIBORL plus 3% on amounts not paid within any agreed credit arrangements,
calculated on a daily basis from the date any such amount should have been paid
and until the date of payment.
8.6
The customer must pay to Chameleon Print Management any costs, expenses or losses
incurred by Chameleon Print Management as a result of the customer’s failure to pay
Chameleon Print Management all sums outstanding from the customer to Chameleon
Print Management (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 Chameleon Print Management 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 Chameleon Print
Management delivers the goods to the customer’s premises. Otherwise, title passes at
the time Chameleon Print Management notifies the customer that the goods are ready
for collection.
10.2
Chameleon Print Management has no obligation to insure any property of the
customer in Chameleon Print Management’s possession. The customer must pay the
cost of any insurance arranged by Chameleon Print Management at the request of the
customer.
10.3
If a customer leaves property in Chameleon Print Management’s possession without
specific instructions as to what is to be done with it, Chameleon Print Management
may, 12 months after gaining possession of the property of sale as compensation for
holding and handling the property.

 

11. Liability

11.1
To the fullest extent permitted by law, except as provided herein, Chameleon Print
Management 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 Chameleon Print Management’s negligence, or in
any way whatsoever.
11.2
Chameleon Print Management’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; or2. 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
Chameleon Print Management 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 Chameleon Print Management 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 Chameleon Print Management to exercise due care and skill in handling or
storing such property.
11.4
Subject to paragraph 10.3 hereof, Chameleon Print Management 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 Chameleon Print Management
Printing to exercise due care and skill in handling or storing such property of the
customer.
11.5
Force Majeure. Chameleon Print Management 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 Chameleon Print Management’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 Chameleon Print Management shall not be liable for any late
delivery or non-delivery, and under no circumstances shall Chameleon Print
Management 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 Chameleon Print
Management within 14 days from delivery or otherwise, within 14 days of notification
that the goods are ready for collection. Any claims against Chameleon Print
Management 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 Chameleon Print Management to the customer.
13.2
If the customer has not paid all sums outstanding in relation to the goods, if directed by
Chameleon Print Management to do so, the customer agrees to return the goods to
Chameleon Print Management immediately upon instructions to do so.

 

14. Copyright

14.1
Copyright in all artistic and literary works authored by Chameleon Print Management
shall remain the property of Chameleon Print Management unless there is specific
agreement to the contrary at the time of Chameleon Print Management’s acceptance
of your order.
14.2
The customer has warranted to Chameleon Print Management, and Chameleon Print
Management has accepted the customer’s warranty that the customer has copyright
in or a licence to authorise Chameleon Print Management to reproduce all artistic and
literary works supplied by the customer to Chameleon Print Management for the
purpose of the Order and the Customer hereby expressly authorises Chameleon Print
Management to reproduce all and any of such works for the purposes aforesaid.
14.3
The Customer indemnifies and agrees to keep indemnified Chameleon Print
Management against all liability, losses or expenses incurred by Chameleon Print
Management 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 Chameleon Print Management for the purposes of the Order, however such
licence is conditional upon Chameleon Print Management having received all monies
due to Chameleon Print Management 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 Chameleon Print Management to the customer
without Chameleon Print Management’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 Chameleon Print Management to store data for the purposes of
completing the Order are the property of Chameleon Print Management. The customer
cannot require Chameleon Print Management to supply to the customer any data so
stored. In the event that Chameleon Print Management does supply data so stored or
created, Chameleon Print Management may charge the customer for supplying such
data.
16.2
Chameleon Print Management will not be liable for storing any data on disks, tapes,
compact disks or other media when the Order has been completed. If Chameleon Print
Management agrees to store such data Chameleon Print Management 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 Chameleon Print Management to the customer.