Terms and Conditions


The following Standard Conditions of Contract apply to all transactions with daymark.co.uk. The use of this site indicates your acceptance of these terms and conditions. The placement of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference.

(1)    PRICE VARIATION - Estimates are based on Daymark's current costs of production and unless otherwise agreed are subject to amendment at any time after acceptance to meet any rise or fall in such costs. Daymark will not be bound by any verbal estimate.  A binding quotation will be given only on sight and receipt of work.   Unless otherwise specified the price quoted by the company excludes delivery of the goods.

(2)    SPECIFICATION - The customer assumes responsibility that the goods or services specified by the customer are sufficient and suitable for the customer's purpose.   No responsibility will be accepted by the company for any additional cost or liability incurred either by the customer and / or from third parties, arising from the use of services specified by the customer.

(3)    TAX - Daymark reserves the right to charge the amount of any valued added tax (at the going rate) payable whether or not included on the estimate or invoice.

(4)    PREMILINARY WORK - All work carried out, whether experimentally or otherwise, at customer's request shall be charged, even if the customer does not place an order for finished product.

(5)    COPY - A charge may be made to cover any additional work involved where copy supplied is not clear and legible.

(6)    PROOFS - At the customer's request proofs may be submitted to the customer for the customer's approval and the company shall make an additional charge therefor.  The company shall incur no liability for errors not corrected by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged as extra. When style, type, or layout is left to the company's judgement, changes therefrom made by the Customer shall be charged as extra.

(7)    COPYRIGHT - The customer shall be responsible for obtaining all necessary authority  to reproduce pictures, artwork, photographs, trade logos etc. The customer will indemnify Daymark and his agents from any claim arising thereof.

(8)    DELIVERY - Any time or date quoted by the company for performance of the services and / or delivery of the goods is an estimate only, and the company shall not be liable for any failure to meet any such estimate, nor for any loss, whether financial or otherwise, resulting directly  or indirectly therefrom. If no time for performance of the services and / or delivery of the goods is specified, the customer shall be bound to accept the goods when they are ready for delivery by the company. Where the customer requests expedited delivery of the goods, and delivery is made in accordance with such request, a charge may be made to the customer to cover any overtime, delivery or any other additional costs incurred.

(9)    PAYMENT - The company reserves the right to refuse credit without reason. A deposit may be required, or should the company request it, payment in full in advance of any work being done. Delivery of goods shall be accepted and payment shall become due as specified on our invoice. The company shall be entitled to charge statutory interest at the rate of 8% above the Bank of England reference rate in force on the date the debt becomes overdue, or part thereof, on any outstanding balance not paid within 30 days of the date of invoice. This clause is subject to, and may be amended by specific credit terms agreed in writing between the buyer and seller.   Should work be suspended  or cancelled at the request of, or delayed through any default of the customer, the company shall be entitled to payment for work already carried out, materials specially ordered and any other additional costs incurred including storage.

(10)    VARIATIONS ON QUANTITY - Every endeavour shall be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only, and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent) respectively for quantities exceeding 50,000) the same to be charged or deducted.

(11)    ARTWORK - Artwork, graphics, designs, layouts, plates shall remain the company's exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon reasonable compensation to be determined by the company.

(12)    COLOUR PRINTING - Every effort will be made to obtain the best possible colour representation on customer's work, but because of the nature of the processes involved, the printer shall not be required to guarantee an exact match in colour or texture between the customer's original and the printed article. Customer's who require colour reproduction of a specific standard and who wish to check the colour reproduction prior to printing, must order a wet press proof, in writing when placing the order. This will be charged as an extra.

(13)   CLAIMS - Any query regarding the condition of goods supplied must be made to the company verbally by 10am on the working day following receipt of goods and confirmed in writing within 5 working days. Any query relating to invoices should be made to the company in writing within 5 working days of the invoice date.   Any query regarding non-delivery must be made within 14 days of the invoice date.   Claims outside the limit will not be entertained.   The company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with, except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

(14)   LIABILITY - The company shall not be liable for any loss to the customer arising from delay in transit not caused by the company.

(15)   STANDING MATERIAL - (a) Metal, film, glass and other materials owned by the company and used by him in the production of type, plates, moulds, stereotypes, electrotypes, filmsetting, negatives and the like shall remain his exclusive property. Such items when supplied by the customer shall remain the customer's property. (b) Type may be distributed, negatives destroyed and lithographic photogravure or other work may be effaced immediately after the order is executed unless written arrangements are made to the contrary. In the latter event rent may be charged.

(16)   MATERIALS SUPPLIED BY THE CUSTOMER - (a) The company may reject any paper, plates or other materials supplied or specified by the customer which appear to him to be unsuitable. 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 the company in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. (b) Where materials are so supplied the company will take every 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. (c) Quantities of materials supplied shall be adequate to cover normal spoilage.

(17)   INSOLVENCY - If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due, or being a company is deemed to be unable to pay it's debts or has a winding-up petition issued against it, or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the company without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not)  and materials purchased for the customer, such charge to be an immediate debt due to him and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice, to dispose of such goods or property in such manner, and at such price, as he think fit, and to to apply the proceeds towards such debts.

(18)   ILLEGAL MATTER - (a) The company shall not be required to print any matter which in his opinion is, or may be, of an illegal or libellous nature or an infringement of the proprietory or other rights of any third party.   (b) The company shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietory or personal rights contained in any material printed for the customer.   The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.

(19)   FORCE MAJEURE - The company shall be under no liability if they are unable to carry out any provision of the contract for any reason beyond their control (without limiting the foregoing), Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action required for the performance of the contract. During the continuance of such a contingency, the customer may by written notice to the company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

(20)   LAW - These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.



General

These terms and conditions do not affect your statutory rights. To order goods through this website you must be at least 18 years of age and accept delivery within the UK. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.